7747.
No. 475.
(BRITISH GUIANA.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Temple, August 7, 1867. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 22nd ultimo, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office forwarding a Despatch from the Governor of British Guiana reporting the steps taken by him with regard to the enlistment of a British subject on board the United States steamer "Penobscot," and to request that we would take these papers into our consideration and favour your Lordship with our opinion generally on the statements of the Governor, and specifically on the point raised by him with regard to the Foreign Enlistment Act.
In obedience to your Lordship's commands, we have taken this matter into con- sideration, and have the honour to
Report
That we are of opinion that Charles Hubbard was guilty of an offence against the Foreign Enlistment Act, and that the persons who procured his enlistment were also guilty of an offence against the Act.
We think that the "Penobscot" having entered the port of Demerara in the circum- stances stated must be deemed to have been exempt from the jurisdiction of the sovereign_within whose territory she was, and that in this view a warrant for the arrest of Hubbard ought not to have been served on board the vessel. Indeed, Acting Governor Mundey appears not to have intended to have the warrant served on board the vessel (para. 3 of his letter of June 7, 1867), and in this we think he was right.
We think that the better course for the Acting Governor to have adopted would have been to apply direct to the captain of the steamer for the restoration of Hubbard, and in the event of refusal to have reported the case to the British Government in order that a formal complaint and claim for the boy's restoration might be made to the United States Government.
We have, &c. (Signed)
J. B. KARSLAKE.
C. J. SELWYN.
The Lord Stanley.
D 16278.-932 25.-5/86.
R.
PHILLIMORE.
PU
RECORD OFFICE
C.O. 885
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