CO885-(10-11) — Page 432

7559.

MY LORD,

No. 354.

(BAHAMAB.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, July 31, 1865. We are honoured with your Lordship's commands signified in Mr. Hammond's letter of the 10th instant, stating that with reference to our Report of the 18th of March, he was directed by your Lordship to transmit to us, together with the previous papers, a further letter from the Colonial Office and its enclosures, respecting the case of the "Mary" or " Alexandra " and to request that we would take the same into con- sideration and furnish your Lordship with our opinion thereupon.

We are also honoured with Mr. Hammond's further letter of the 12th instant enclosing further papers relative to the matter.

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 Attorney General may have exercised a sound dis- cretion (having regard to all the circumstances) in declining to appeal from the sentence of the judge, in this case, but we desire not to be understood as expressing our agree- ment either with the general reasoning of the judgment, or with the construction placed by it on the word "intent" in the Foreign Enlistment Act.

We do not clearly collect from the papers whether the judge has or has not certified that there was in this case reasonable cause for seizure, but we assume from his refusing. costs to the claimant, that he would be prepared so to certify, and we think it desirable that he should do so in order to protect the Crown in the event of any action being brought for damages on account of the seizure.

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

R. P. COLLIER.

The Earl Russell.

0 16976.-969. 95,-9/86.

• No. 317.

ROBERT PHILLIMORE.

PUBLIC RECORD OFFICE

C.O. &

Reference :-

885

101 PUBLIC RECORD OFFICE, LONDON

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

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