CO885-(10-11) — Page 73

672.

MY LORD,

No. 51.

(Hora Korg.)

LAW OFFICERS to FOREIGN OFFICE.

Doctors' Commons, January 16, 1861. We are honoured with your Lordship's commands signified in Mr. Hammond's letter of 7th instant, stating that he was directed to forward the accompanying letter from the Colonial Office enclosing a correspondence which has passed between Her Majesty's Colonial authorities at Hong Kong and the Prussian and American Consuls in that island upon the subject of a seaman who had deserted from an American vessel, and had given himself up to the captain of a Prussian ship of war as a deserter from the Prussian service.

Mr. Hammond was also pleased to state that in forwarding the above letter for our consideration and opinion, he was directed to inform us, with reference to the refusal of the commander of the Prussian vessel to deliver the man up to the Colonial autho- rities, that the Convention between Great Britain and Prussia for the mutual extra- dition of seamen deserters applies only to the deserters from the merchant service of the two countries.

In compliance with your Lordship's instructions we have the honour to

Report

That, assuming the "Elbe" to be a Prussian Government vessel, the deserter in question is not, nor has he been since he deserted, on British territory, and he was not within the

power of the British municipal authority whilst on board the "Elbe."

The

proper course for the United States to adopt is to apply to the Prussian Govern- ment. There is no power of intervention on the part of this country.

We have, &c. (Signed) J. D. HARDING.

R. BETHELL.

Lord J. Russell.

0 16970-$88.

93-9/66.

W. ATHERTON.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

10 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO