CO885-(10-11) — Page 222

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4818.

No. 178.

(GENERAL.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, May 11, 1863. MY LORD,

We are honoured by your Lordship's commands, signified in Mr. Hammond's latter of the 5th instant, stating that he was directed by your Lordship to request that we would favour your Lordship at our earliest convenionce with our opinion on the following point :-

Whether British subjects serving as sailors on board any Federal or Confederate man-of-war in a British harbour can be prosecuted under the Foreign Enlistment Act? In obedience to your Lordship's commands we have taken this matter into our consideration, and have the honour to

Report

That in our opinion British subjects serving on board any Federal or Confederate man-of-war act in direct violation of the second section of the Foreign Enlistment Act, which prohibits, in express terms, the serving on board ships of war in the service of Foreign States, &c., &c. Such persons cannot be taken out of the ships of war in which they are serving, but being found on shore in British ports they may be apprehended under a magistrate's warrant duly obtained, and committed for trial at the assizes or sessions as prescribed by the fourth section of the Act. The offence is a misdemeanour punishable on conviction with fine and imprisonment (s. 2).

The Earl Russell.

We have, &c.

(Signed)

W. ATHERTON. ROUNDELL PALMER. ROBERT PHILLIMORE.

0 16278.47. 25.-9/86.

PUBLIC RECORD OFFICE

C.O.

Reference :-

·885

PUBLIC RECORD OFFICE, LONDON

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

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