349
It would seem that the Treaty conveys some-
thing more even than the exequatur and that the United
States Consul has the right to claim and the right to ex- pect that "the proper authorities" will arrest and restore seamen who may desert from any ship belonging to a citizen
or subject of the United States.
It would further appear that insomuch as the
Treaty clothes the United States Consul with "power to re-
quire" such arrests, that the United States Consul is the
sole judge as to whether a man is or is not a deserter.
Our statutes are very clear as to what con-
stitutes a deserter and contain nothing as to the right of
any court of any country with which we have treaty stipula-
tions on the subject, to reverse the decision of a Consul as
to whether a man has broken any of these statutes or not,nor
does it look forward to said Courts or authorities refusing
to arrest and recover said declared deserters. I have the
honour to inquire whether the Colonial Government recognises
this treaty and if so, whether when a man has been declared
a deserter by the United States Consul he will be,at the
request of the United States Consul arrested and held at
the pleasure of the United States Consul by the proper au-
thorities. I also have the honour to inquire if it is with-
in the treaty for the Police Authorities to refuse to deal
with a man after the Consul has requested it, simply because
the man states that he is not a deserter.
I