CO129-078 - Sir Robinson - 1860 [7-12] — Page 289

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

284

the American Flag,

that as Bains such he was liable to the penalties of the Prussian "Law wherever he might come within it's reach; -

that the man was taken prisoner while on board a Prussian Man of War, therefore Prussian jurisdiction and on Prussian ground, where it sought to assert its power;

who was fully entitled that consequently no offence against British Laws could have been committed, as the offender was not at the time of his imprisonment under British rule (though he had previously enjoyed its temporary protection);

that therefore the Commander of the Elbe could not be called upon and be expected to receive judgement at the hands of a British functionary in a case which thenceforth solely concerned him and his own Government, and on the merits of which, moreover, the Colonial Court, to judge from its own established precedents at least, was not competent to decide; -

that finally British Authority having never been interfered with, no breach of international law was committed, and that lastly therefore the only charge which you inform me the Government have to advance against the Commander of the Elbe was

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284 the American Flag, that as Bains such he was liable to the penalties of the Prussian "Law wherever he might come within it's reach; - that the man was taken prisoner while on board a Prussian Man of War, therefore Prussian jurisdiction and on Prussian ground, where it sought to assert its power; who was fully entitled that consequently no offence against British Laws could have been committed, as the offender was not at the time of his imprisonment under British rule (though he had previously enjoyed its temporary protection); that therefore the Commander of the Elbe could not be called upon and be expected to receive judgement at the hands of a British functionary in a case which thenceforth solely concerned him and his own Government, and on the merits of which, moreover, the Colonial Court, to judge from its own established precedents at least, was not competent to decide; - that finally British Authority having never been interfered with, no breach of international law was committed, and that lastly therefore the only charge which you inform me the Government have to advance against the Commander of the Elbe was
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4. 284 5. the American Flag, that as Bains such he was liable to the and penalties of the Prussian "Law wherever he might come within it's reach; - that the man was latten prisoner while on board a Prussian Man of Mar there fore Prussion jurisdiction and on Prussian growna, where lo assert its power; who fully entitled that consequently no offence against :- British Laws cones have been as the could have been committed, offender was not at the time of his imprisonment under British :rule (though he had previously enjoyed it's temporary protection); that therefore the Commander of the Elbe could not be called upon and be expected to receive judgement at the hands of a British functionary in a case which thenceforth solely concerned him and his merits of own Government, and on the which moreover the Colonial Court, to judge from its own established precedents at least, was not. to decide; - even Com Compelent that finally British Authority having never been interfered with breach то of international law was Committed, and that lastly therefore the only charge which you inform me the Government have to advance against- the Commander of the Elbe was
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4.

284

5.

the American Flag,

that as

Bains

such he was liable to the

and penalties of the Prussian

"Law wherever he might come within

it's reach; -

that the man was latten prisoner while on board a Prussian Man of Mar

there fore Prussion jurisdiction

and

on Prussian growna, where

lo assert its power;

who

fully entitled

that consequently no offence against :-

British Laws cones have been

as the

could have been committed,

offender

was not at the time

of his imprisonment under British

:rule (though he had previously enjoyed it's temporary protection);

that therefore the Commander

of the Elbe could not be called upon

and be

expected to receive judgement at the hands of a British functionary in

a case which thenceforth solely concerned him and his

merits of

own

Government,

and on

the

which moreover the Colonial

Court, to judge from its own established

precedents at least, was not.

to decide; -

even Com

Compelent

that finally British Authority having never been interfered with

breach

то

of international law was –

Committed, and

that lastly therefore the only

charge which

you inform me the Government have to advance against- the Commander of the Elbe was

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