CO885-(11-13) — Page 570

19426/93.

MY LOED,

No. 260.*

(BRITISH HONDURAS.)

LAW OFFICERS to FOREIGN OFFICE.

We are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 18th ultimo, stating that he was directed by your Lordship

Temple, November 4, 1882. to transmit to us a letter from the Colonial Office,† forwarding copy of a despatch from the Officer Administering the Government of British Honduras, relating the circumstances under which, in accordance with the advice tendered by the Acting Attorney-General of the Colony, he had acceded to a request made by the Captain of the Spanish man-of-war “Don Jorge Juan," for the arrest and surrender of a deserter from that ship. Neither " authorizes the surrender of deserters from foreign ships of war in Her Majesty's the Foreign Deserters Act," 1852, nor any other Act of Parliament, dominions. That, nevertheless, it appeared that the deserter from the "Don Jorge Juan" having been found in the Colony after the departure of the ship, was arrested and sent by the Acting Governor in custody, through the United States, to Havana, for the purpose of being there surrendered to the Spanish authorities.

That it appeared to your Lordship that the action of the Colonial Administrator. should be disapproved, not only as regarded the arrest and surrender of the deserter, but also as regarded his transmission through the territory of the United States.

That before replying to the letter of the Colonial Office your Lordship desired our opinion on the case, and as to the instructions which should be sent to the Adminis- trator of British Honduras in this matter for his future guidance.

In obedience to your Lordship's commands we have the honour to-

Report

That we concur in thinking that the action of the Colonial Administrator, in arresting and surrendering the deserter, and in transmitting him in custody through the territory of the United States, should be disapproved.

We think that the Administrator of British Honduras should be informed that there is no legal authority for the arrest and surrender of a deserter from a foreign ship of war who takes refuge in Her Majesty's dominions.

The Right Hon. The Earl Granville, K.G.,

We have, &c. (Signed)

HENRY JAMES.

FARRER HERSCHELL. J. PARKER DEANE.

&c.

&c.

&c.

↑ Colonial Office, September 25, 1882.

† 15 & 16 Vict. e. 26.

D

74772

36.

25.-12,93.

PUBLIC RECORD OFFICE

गय

Reference :-

CO. 885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO1