CO885-(10-11) — Page 286

1169.

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PUBLIC RECORD OFFICE

19

C.O. 885

Reference :-

10 PUBLIC RECORD OFFICE, LONDON

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

No. 233.

(NEW BRUNSWICK.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, February 9, 1864. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 30th ultimo, stating that with reference to our several reports respecting the case of the "Chesapeake " he was directed by your Lordship to transmit to us a letter from the Colonial Office enclosing a copy of a letter from the Lieutenant-Governor January 2 of New Brunswick, requesting instructions for his guidance with regard to two of the persons implicated in the seizure of that vessel, who are stated to be natives of New Brunswick, and to request that we would take the Lieutenant-Governor's letter into our consideration and favour your Lordship with our opinion as to the answer which should be returned to it.

In obedience to your Lordship's commands we have taken these papers into our

consideration and have the honour to

Report

That we are of opinion that in the event contemplated by his Excellency the Governor, the persons in question ought to be proceeded against under the provisions of the Foreign Enlistment Act.

These provisions ought, of course, to be impartially put in force against all persons. We do not understand that there has been any opportunity of proceeding against offenders who have enlisted on behalf of the Federals, but the present case (if these persons are absolved from the charge of piracy on the ground of their being engaged in the belligerent service of the Confederates) appears to us to be one in which the law ought to be strictly enforced.

The Right Hon. the Earl Russell,

&c.

&c.

&c.

We have, &c.

(Signed)

ROUNDELL PALMER. R. P. COLLIER.

ROBERT PHILLIMORE.

کم

16278.-13. 25.-9/86.