CO885-(10-11) — Page 206

1891.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

1PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

MY LORD,

No. 162.

(BAHAMAS)

LAW OFFICERS to FOREIGN OFFICE.

Lord Lyons, No. 13, 1868. Colonial Office, May 18, 1881. Lord Lyons, No. 175.

Temple, February 9, 1863. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 27th January ultimo, stating that he was directed to transmit to us the papers as marked in the margin respecting the case of two boys of colour, British subjects, who were carried off from the Bahamas in an American vessel in March 1861 and sold into slavery, on which occasion the third negro was drowned in endeavouring to make his escape.

To do,, No. 148. Colonial Office, May 18.

Colonial Office, August 30.

To Mr. Stuart, No. 115.

From do., No. 987.

Lord Lyons, No. 456.

Colonial Office, June 17, 1882.

That it appears that the name of the man who committed this outrage is Frederick Clark, and the Secretary of State for the Colonies has suggested that every effort should be used to obtain the surrender of Clark to be tried for this crime by the Bahamas courts, and to request that we would take this case into consideration and report to your Lordship our opinion how far Her Majesty's Government would be borne out under the Treaty between this country and the United States of the 9th August 1842 in claiming the surrender of Clark for the purpose of being tried on this charge.

In obedience to your Lordship's commands we have taken this case into considera- tion, and have the honour to

Report

That we assume that the act of kidnapping was committed within British jurisdiction, as unless the same were the case no question of extradition could arise.

With reference at the same time to acts committed within such jurisdiction, the right to demand the extradition of criminals under the Treaty of the 9th of August 1842 is limited by the 10th Article to persons charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, and persons guilty of kidnapping are not included therein. We are therefore of opinion that the surrender of Clark cannot be demanded by Her Majesty's Government.

We think that Her Majesty's Government may properly urge upon the United States Government the duty of taking criminal proceedings against the perpetrators of so grave an outrage upon British subjects, if it should now or hereafter be in their power to do so.

There is no reason to doubt the willingness of the United States Government to comply with such a request which indeed sufficiently appears by the papers before us.

But if (as we collect from the enclosures Nos. 3, 6, and 7 in Lord Lyons' Despatch No. 486 of December 5, 1862) the kidnapper Frederick Clark is a captain of a Confederate vessel who is now residing at large in the Confederate States, it is manifest that he is not at present within the power of the United States Government, and that in order to have him brought to justice, Her Majesty's Govern- ment must now address themselves to the authorities of the Confederate States.

We have, &c.

The Right Hon. the Earl Russell, K.G.,

&c.

&c.

&c.

(Signed)

W. ATHERTON. ROUNDELL PALMER. ROBERT PHILLIMORE.

V

0 16378.-236.

25.-2/86.