CO129-040 - General Jervois - 1852 [3-12] — Page 151

live no to the line of distinction to be

drawn between

by the Common

pirace by

Law and phrace by the Law of Nations

n in other words what crimes in the

native of Pines are justiciable by the Supreme Court here. Although fully rrepared to take upon myself

the

recconsibility of advising the excentive

as to the propriety of pursuing any

particular course yet

I must own

that it would be a souce

of great

to learn what the pinim comfort to me to learn what the

of

the first Law Officers of the Grown at Home is on this subject, and therefore I respectfully enbruit to His Arcelling

such the probriet of obtaining sud Opinion

The point to be settled

May

вы

146

briefly stated thus - "will am Primes "committed on board a ship on the "high Seas sailing from the port of "Ther departure under a Freign Flaq "render the offenders liable to be "tried here"."" A strict entrustin

of

the text writers on international law would conclude this point, for

ree in statine that crimes

they agree

committed in a ship sailing under

a Flag

are

justiciable only by the tation which is represented by such Flag, and

I have

reason to believe that in the case of the Albert a French Ship whose

murdered the Captain aná

passengers murdered the

Crew it was the opinion of my predicur

in

Office

that the

Crime was

not

3