2.
3
mi
Prussian Service, or whose claim to him was to be preferred, the Prussian or the American, nor has the Prussian law any bearing on the case. Doubtless had the course indicated by law and courtesy been followed, the man would have been handed over to the Elbe under the Extradition Treaty, and would be now for my letter No 922 of 10th instant was "taking into his custody without previous "Communication with the local Authorities. "a person who was in the waters of this "Colony, and under the protection of British "laws."
Upon this point you appear to consider that the voluntary surrender of himself by the deserter gives the matter a different aspect from that which it would have assumed, had he been made a prisoner against his will.; but you will, I am sure at once perceive the error of this assumption when it is pointed out to you that no action on the man's part as between himself and the Naval Authorities of his Country can in any way alter or affect the rights of
The sole complaint against the Captain of the Elbe is that he was in legal custody on board that ship, but the Captain of the Elbe by exceeding the privilege claimed by war has prevented the adoption of the regular course of procedure, and formal
230
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3
mi
Prussian Service, or whose claim to -
him
was
to be preferred, the Prussian
or the American, nor has the Prussian
law any bearing
on the case.
Doubtless had the course
indicated law and courtesy been
by
followed
the man would have been
handed over to the Elbe under the
Extradition Treaty, and would be now-
230
for
my letter Ne 922 of 10th instant was "taking into his custody without previous "Communication with the local Authorities.
" a person who was in the waters of this - "Colony, and under the protection of British
"laws." -
Upon this point you appear to consider
that the voluntary surrender of himself
by
the deserter gives the matter a
different
in legal custody
on
board that ship,
but the Captain of the Elbe by
exceeding the privilege claimed by
and
war has prevented.
accorded to men of the adoption of the regular course of procedure.
and
- formal
The sole complaint against the
Captain of the Elbe
ao advanced in
aspect from that which it would have -
assumed, had he been made a
against his will.; but
prisoner
• you will, I am sure at once perceive the error of this assumption when it is pointed
out to
you
that no action
and
on the man's part as between himself the Naval Authorities of his Country can
in any way
alter or affect the rights of
"
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