10,207.
MY LORD,
No. 361Ʌ.
(VANCOUVER ISLand.)
QUEEN'S ADVOCATE to FOREIGN OFFICE.
Doctors' Commons, October 7, 1865. I AM honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 28th ultimo, atating that he was directed to transmit to me a letter and its enclosures from the Colonial Office, respecting the proceedings of a vessel called the "Maria," which, having violated the provisions of the Chinese Passengers' Act of 1855, had quitted the Port of Victoria, Vancouver's Island, leaving all her papers behind her and without a proper clearance; and Mr. Hammond was pleased to request that I would take this matter into consideration and report to your Lordship my opinion thereupon.
In obedience to your Lordship's commands, I have taken these papers into con- sideration and have the honour to
Report
That no blame attaches to the authorities of the United States in this matter. They are of course bound by the law; and, as their legal advisers tell them that the vessel cannot be given up they are powerless to do so, but I should have thought that the vessel might have been placed under the authority of Her Majesty's consul resident at the American port into which the vessel came.
The suggestion that cases of this sort should be made by treaty the subject of extradition, appears to be worthy of consideration. Meanwhile, this vessel without papers on the high seas is, as Governor Evans states, not a pirate, but outlawed, and may be seized and taken into port by one of Her Majesty's ships.
The Earl Russell, K.G.,
&c.
&c.
I have, &c.,
(Signed) R. PHILLIMORE.
A 59950,-1
23-1.8*.
PUBLIC RECORD OFFICE
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