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principles of international law require that he should be held blameless for all acts occurring in the line of his duty as such Public Officer of the United States. The Plaintiffs should seek relief through diplomatic channels.

Unfortunately, Captain Gove has been brought up in the merchant service and was unaware of the requirements of his status as a Public Officer of the United States and so acknowledged service of the writ, when he should have referred it to you, asking you to bring the matter before His Excellency the Governor of Hongkong, and the law officers of the Crown.

Having accepted service, Captain Gove will appear before the Court, but in view of the apparent error of the Honourable Court in summoning him, I beg that you will represent the matter to His Excellency the Governor of Hong Kong and request, as an act of comity towards the United States, that the law officers of the Crown may take charge of the case and present the subject to the Honourable Court in the proper light in accordance with the precedent afforded by Her Majesty's Government in 1799 in the case of the U.S.S. "Constitution", when the British Government conducted the case on behalf of the United States.

This letter will be handed to you by 1st Lieutenant J.O. Underwood, U.S.M.C., who has with him all the papers relating to the case and will be glad to furnish to you and to His Excellency the Governor, any further information in his power.

Very respectfully,

# . L. Rodgers,

Commander, U.S. Navy,

Commanding and

Senior Officer Present.

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