2
We think also that such a decision of the Supreme Court would furnish a strong argument for the expediency of arming the Canadian Government as promptly as possible with such additional legal powers of prevention as were recommended in our last report on this subject.
The Earl Russell.
We have, &c.
(Signed)
ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE,
11608.
MY LORD,
No. 289.
(BERMUDA.)
LAW OFFICERS to FOREIGN OFFICE.
Lincoln's Inn, December 15, 1864. We are honoured with your Lordship's-commands, signified in Mr. Hammond's letter of the 1st instant, stating that he was directed by your Lordship to transmit to us two Despatches from Lord Lyons and a letter from the Colonial Office relative to the capture and destruction of the United States Mail Packet "Roanoke" by a party of men who embarked in her at the Havana as passengers, and Mr. Hammond was to request that we would take these papers into consideration and furnish your Lordship with such observations as we may have to offer thereupon.
In obedience to your Lordship's commands we have taken these papers into sideration, and have the honour to
Report
con-
That we are of opinion that (subject to the question which seems to have existed as to the magistrate's jurisdiction) Captain Brain and the men under his orders were not improperly arrested upon the charge of piracy; but that the Attorney-General of Bermuda properly withdrew the charge on the production of the commission to Captain Brain from the Confederate Government.
We are also of opinion that these persons could not have been delivered up under the Extradition Treaty to the Consul of the United States even if his application had been made in proper form.
The authorities at Bermuda seem to be perfectly apprised of the necessity of enforcing the provisions of the Foreign Enlistment Act, and therefore we offer no observations upon the evasions and infringements of that Act which, there seems to be reason to believe, are, in spite of the exertions of the authorities, practised in Bermuda.
The manifest disregard of Her Majesty's orders against the entrance of prizes taken by either belligerent within the territorial waters of Her Majesty which has taken place in this instance on the part of the captors of the "Roanoke" will doubtless receive due attention from Her Majesty's Government. In the case of a capture of this novel kind by persons who obtain access to the captured ship as passengers, and who are not supported by any ship of their own, the strict inforcement of those orders seems to be peculiarly necessary.
We have, &c.
The Earl Russell, K.G.
0 16276.-77. 25.--2/86,
(Signed)
ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.
J
PUBLIC RECORD OFFICE
Reference :-
TILLC.O. 8
سلسل
885
10 PUBLIC RECORD OFFICE, LONDON
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