457: arrest and forward to Macao certain deserters from the Naval Military Service there.
and the Governor's argument is based on the provisions of the Treaty (A. P. 1842) between Great Britain and Portugal.
Sec. 16.- Reference to that Treaty however shows that it only relates to the rendition of deserters from Portuguese ships in British waters, which the Governor is enabled by more than one local Ordinance to direct.
And for the removal from office or employment of either contracting party full deserters from the Naval and Military Services of the other.
The Memorandum of the 26th Instant referred the question of Law to the Attorney General - and that of the local precedents for granting Governor Horta's request to the Acting Colonial Secretary, Mr. Smith.
and as you will perceive the Attorney General entirely agreed with me as to the absence of all legal right to comply with the request made by the Governor of Macao.
Enclosure Page 1.
a similar demand having previously been complied with by this Government.
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