The professional opinions of the learned Gentleman who so worthily holds the position of legal adviser to the Colonial Government, I must nevertheless be permitted to submit that the present case is not one to which the stipulations and provisions of the Extradition Treaty have applicability.
To my view, it does not present itself as in the case of fugitives from justice, who, having committed crime within the United States, and fled therefrom, seek asylum in British territory. The criminal acts charged having been committed on board an American ship on the high seas, and the offenders having been brought on board the same ship in due course of her voyage and having been here rendered to the American Consul, make it clear to my mind that, as to the offences charged, these offenders, by legal intendment, have never been beyond the control of the United States Authorities, nor outside of their jurisdiction.
So far from having committed offence against the laws of the United States, fled therefrom and sought asylum in the territory of Great Britain, the facts contemplated by the provisions of the Extradition Treaty before its applicability can have...
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