265
now in this office.
His Excellency The Governor has given careful consideration to the case.
And, as you have probably advised the Commander of the "Elbe" in ignorance of the law on the subject, desires me to inform you that the officer Commanding the "Elbe" has been guilty of a breach of both international law and Courtesy, in taking into his custody without any previous communication with the local Authorities a person who was in the waters of this Colony, under the protection of British laws.
The proper course would have been for the officer claiming the man as a deserter from the Prussian Navy to have taken him before the sitting Magistrate, and to have obtained from that functionary an order for the Extradition of the offender.
His Excellency trusts you will see the propriety of advising the Captain of the "Elbe" to adopt this course, and thus render a reference to the Home Authorities unnecessary, as that part of the case lies between yourself and the American Consul, who appears on behalf of the American ship from which the man deserted here.
The dispute, if unsettled, must be left to the decision of your respective Governments.
Page 270
Page 271
265
now in this office.
His Excellency The Governor has
I consideration to the case
given careful
And, as
you
- have probably advised the
Commander of
the "Elbe in ignorance
of the law on the subject, desires me to
inform you
that the officer.
·Commanding
the "Elbe" has been quilty of a breach
of both international law and Courtesy, in taking into his custody without
ithout any. previous communication with the local
was in the
and under
Authorities a person who waters of this Colony, the protection of British laws.
for the
The proper course world have been officer claiming the man as a deserter from the Prussian Navy to
have taken him before the sitting
Magistrale. and to have obtained from
that functionary
functionary an order Extradition of the offender?
~ for
the-
His Excellency trusts
you
will
see the propriety of advising the Captain of the "Elbe" to adopt this course, and
thus render a
-reference to the Home
as that part of the case
Authorities unnecessary.
As
regards
that lies between yourself
and the American Consul, who appearson
behalf of the American ship ~
which the man deserted here,
from the dispute, if unsettled, must- be left to the decision of your respective Governments.
Page 270Page 271
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