“
4921.
No. 180.
(BERMUDA.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Temple, May 12, 1863. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 4th instant, stating that with reference to our report of the 24th ultimo, respecting the prisoner in confinement at Gibraltar on the charge of having murdered the senior officer of the Confederate war steamer "Sumter," he was directed by your Lordship to transmit to us the papers as marked in the margin, from which we should perceive that it has been determined to send the prisoner to Bermuda on board Her Majesty's ship" Shannon," and to detain him there pending an arrangement which Lord Lyons has been instructed to make with the United States Government for his being landed from one of Her Majesty's ships at a Confederate port. That as it may be expected that the prisoner will be detained for some little time at Bermuda the Admiralty have suggested that instead of the prisoner being confined for an indefinite time on board Her Majesty's ship "Shannon," the Governor of Bermuda should be instructed to take the prisoner into his custody pending the reference to the United States Government, but that before requesting the Duke of Newcastle to issue instruc- tions to the Governor of Bermuda to that effect, your Lordship wished to be advised whether the Governor would have any right to detain the prisoner.
Mr. Hammond was consequently to request that we would take this point into con- sideration and furnish your Lordship at our earliest convenience with our opinion thereupon.
In obedience to your Lordship's commands we have considered the point submitted to us, and have the honour to
Report
That in our opinion it will not be safe or expedient to land the prisoner at Bermuda, although merely for the purpose of detention, and of being forwarded on convenient opportunity to some port of the Confederates, to be there given up to the authorities
for trial.
The circumstances as to the custody of the accused man are necessarily irregular and exceptional, and we think that the Governor would not in strict law have any right to detain him as a prisoner and, therefore, that it would be improper to expose either the Governor or the gaoler at Bermuda, to the risk of having the technical legality of the British custody decided against him, and the prisoner possibly discharged on application to the tribunals there.
There is of course little or no risk of any such question being raised so long as the prisoner remains a close prisoner on board of a man-of-war, and the dictates of common justice require that, if possible, he should be detained and handed over to the Con- federate Government.
The Earl Russell,
&c.
&c.
We have, &c. (Signed)
W. ATHERTON. ROUNDELL PALMER. ROBT. PHILLIMORE.
16978.-48.
95.-9/86.
PUBLIC RECORD OFFICE
Reference :-
TTLE C.O. &
885
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