CO885-(10-11) — Page 390

2915,

MY LORD,

No. 318.

(NEW BRUNSWICK.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, March 18, 1865.

We are honoured with your Lordship's commanda signified in Mr. Hammond's letter of the 9th instant, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office enclosing a copy of a Despatch from the Lieutenant- March 7, Governor of New Brunswick reporting the course which he had deemed it advisable 1885. to take with respect to the request of the United States Government for the extradition, in the event of their arrest, of some of the persons concerned in the seizure of the steamer 'Chesapeake,” which case formed the subject of our report of the 26th April 1864 and of our previous reports therein referred to, and Mr. Hammond was to request that we would take the papers into consideration and report to your Lordship our opinion thereupon.

We are also honoured with Mr. Hammond's letter of the 15th instant stating that he was directed by your Lordship to transmit to us a further letter and its enclosure from the Colonial Office from which it appears that Linus Seeley, one of the persons named in the warrant of Mr. Justice Parker, has been arrested in St. John's New Brunswick, and is now in gaol awaiting examination on the charge of being concerned in the seizure of the "Chesapeake," and requesting us to take this matter into consideration, together with the papers before referred to us.

In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to

Report

That we are of opinion that the course pursued by the Lieutenant-Governor of New Brunswick in the matter of the "Chesapeake" has been in every respect proper.

The opinion formerly expressed in that case by Mr. Justice Ritchie (though not at the time satisfactory to ourselves) has since been confirmed by the decision of the majority of the judges of the Queen's Bench in England in the case of "Fionau and others" (10 Law Times Reports (New Series) page 499), and we think that it must be now taken to be settled by that authority that piratical acts committed on the high Beas on board a United States vessel, over which British Criminal or Admiralty Courts can exercise jurisdiction, do not constitute offences for which extradition is due under the Treaty between Great Britain and the United States.

We have, &c. (Signed) ROUNDELL PALMER.

R. P. COLLIER. ROBERT PHILLIMORE.

The Earl Russell,

&c.

&c.

℗ 16978.-487.

95.-9/86.

PUBLIC RECORD OFFICE

חייו

C.O.

Reference :-

885

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

PUBLIC RECORD OFFICE, LONDON1