PUBLIC RECORD OFFICE
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Reference :-
C.O. 885
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
of the treaty) might lead to embarrassing questions between the Government of this country and that of the United States.
The same observations apply to the absence of depositions in support of the requisi- tion. It has been usual to submit to the Governor, with the requisition, depositions verifying the charge; the second section of the statute seems to contemplate that there will, or at least may, be such depositions, and the practice is a very proper and con- venient one, to which it is, in our judgment, desirable (whenever practicable) to adhere. But we do not find in the statute any express provision which makes it absolutely necessary that there should be such depositions in order to justify the Governor in issuing his preliminary warrant, and no injustice can be done to the person accused, if he issues it without them, because no step can be taken under that warrant without the production before a magistrate of "such evidence as, according "to the laws of that part of Her Majesty's dominions would justify the apprehension "and committal for trial of the person so accused if the crime of which he or she "shall be so accused, had been there committed."
Our conclusion, therefore, is that if in the present case the Government of the United States should think fit at their own risk to press the demand, upon Mr. Seward's requisition of the 6th March 1865, which states the crimes of piracy and murder to have been committed by "Vernon J. Locke on board the United States merchant steamer 'Chesapeake'" (not specifying where the “Chesapeake" then was) the Governor of the Bahamas ought not to refuse to act upon this as a sufficient requisition, and that if the United States Government do not accompany or follow up the demand by proper depositions before such warrant is issued they may be left, if they can, to make good that defect before the magistrate to whom the application must then be made, for the necessary warrant of arrest.
*
We may add that if the depositions should show (as we believe the fact to be) that the alleged "piracy was committed upon the high seas, the decision of the Euglish Court of Queen's Bench in the case of the "Joseph Gerrity" (Law Times Reports, New Series, p. 499) is a direct authority against the extradition of the accused upon that ground. But Mr. Seward's demand extends to murder also, and as the United States Courts have exclusive jurisdiction to try charges of murder committed on board United States merchant ships on the high seas we think that this part of the charge is not governed by the case of the "Joseph Gerrity."
We have, &c.
The Earl Russell, K.G.,
&c.
&c.
(Signed)
ROUNDELL PALMER.
R. P. COLLIER. ROBERT PHILLIMORE.
4399.
SIR,
No. 336.
(NORTH AMERICA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, May 10, 1865. We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 4th of May instant, stating that, with reference to our joint report of the 27th ultimo, he was directed by you to request that we would prepare the draft of the mandate to the Archbishop of Canterbury for the consecration of Mr. Mackray as Bishop of Rupert's Land in such form as we might consider proper.
For that purpose Sir Frederic Rogers was pleased to return to us the copy of the mandate for the consecration of the Bishop of Quebec, and of the Letters Patent for the appointment of Dr. Anderson, Bishop of Rupert's Land.
In obedience to your commands we have the honour to
Report
That we have prepared the draft of the mandate of consecration to the Archbishop of Canterbury, and have appended the same to this Report.
We have, &c.
The Right Hon. Edward Cardwell, M.P.
&c.
&c.
• 16978.-591.
25.-9/86.
(Signed) ROUNDELL PALMER.
R. P. COLLIER. ROBERT PHILLIMORE.
&c.
• No. 381.
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