COPY.
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ENCLOSURE $7
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REG IF N
08
Minute by the Attorney General,
Hon. Colonial Secretary.
The U. S. Consul claims that he is the sole
judge as to whether a seaman from a U. S. Ship is or is not a
deserter, and also that any such seaman whom he declares to
be a deserter should be arrested by the Police at his re-
quest and held by them "at the pleasure of the U. S. Consul".
This position he takes up in his letter of
March 10th.,1898, to the Col. Secretary, and he takes his
stand on the Treaty of June 3rd.,1892 (to be found at p 804
of the Govt. Gazette for 1892). On the other hand, the law as
defined by the Merchant Shipping Consolidation Ordinance
1891, and explained to him in the letter of the Colonial Se-
cretary to the U. S. Consul dated 18th.March,1898, (which I
drafted and which was approved by His Excellency) throws
over the alleged deserter the protection of the Stipendiary
Magistrate who decides whether he is a deserter or hot and
who alone can confine him in Gaol until he is demanded by
the Master of the Ship or the Consul,&c., &c.,
This Ordinance was passed in 1891 and allow-
ed by Her Majesty, and, until altered, is clearly binding upon
this Government. Moreover, this Government has no cognizance
of the Instructions the U. S. Government may give to its Con-
sular