CO885-(10-11) — Page 613

12849.

p.

2

In the treaty with China in 1843 (6 Hertslet, 262) is the following stipulation at 265:-

"IX. If lawless natives of China, having committed crimes or offences against their own Government, shall flee to Hong Kong or to the English ships of war or English merchant ships for refuge, they shall, if discovered by the English officers, be handed over at once to the Chinese officers for trial and punishment, or if before such dis- covery be made by the English officers it should be ascertained or suspected by the officers of the Government of Chins whether such criminals and offenders have fled, a communication shall be made to the proper English officer in order that the said criminals and offenders may be rigidly searched for, seized, and on proof or admission of their guilt delivered up. In like manner, if any soldier or sailor or any other person, whatever his caste or country, who is a subject of the Crown of England shall, from any cause or on any pretence, desert or fly or escape into the Chinese territory, such soldier or sailor or other person shall be apprehended and confined by the Chinese authorities and sent to the nearest British consular or other Government officer. In neither case shall concealment or refuge be afforded."

In the carrying into effect the provisions of this treaty it may be that the term lawless natives of China, having committed crimes or offences against their own Government," has been treated as including deserters from the Chinese forces, and if this should be so the Portuguese would, as it appears to us, be entitled under the treaty of 1842 to like "favours and facilities" with respect to the recovery of deserters as those conceded to Chins, and your Lordship may think it right to call the attention of the Governor of Hong Kong to this point in any communication which your Lordship may address to him on the subject of the desired extradition.

We have, &c. (Signed)

The Lord Stanley.

J. B. KARSLAKE. C. J. SELWYN. TRAVERS TWISS.

No. 486.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Temple, December 26, 1867. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 14th December instant, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office forwarding correspondence respecting the abduction from Canada of a British subject named Allan Macdonald, by an officer of the state of Michigan, to request that we would take the papers into our consideration, and favour your Lordship with our opinion thereupon.

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

Report

That we think that Lord Monck has done right in the course that he has taken in requiring the restoration of Macdonald and in claiming reparation from the United States Government for his abduction and the violation of Her Majesty's territory, and for the personal injury done to Her subjects, assuming, of course, that the statements contained in the affidavits cannot be substantially controverted.

We think that there is considerable doubt whether Lord Monck can press the claim for extradition. The Treaty applies to cases of murder, assault with intent to commit murder, piracy, arson, robbery, forgery, and the utterance of forged papers, and we think it very questionable whether the evidence is reasonably satisfactory to prove "an assault with intent to commit murder" within the terms of the Treaty.

The Lord Stanley,

&c. &c.

We have, &c. (Signed)

J. B. KARSLAKE. C. J. SELWYN. TRAVERS TWISS,

p 16978.-449. 23.-3/86,

:

PUBLIC

C.O. 885

11

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPPIKAI