285
undeserved and must fall to the ground. Having exhausted the subject in my former letter, I do not propose here to resume the discussion, but in reply to your remark, that if the regular course of procedure had been followed by Commander ... of the Elbe and application to that effect been made to the Local Authorities, the deserter under the Extradition Treaty doubtless would have been handed over to the Elbe, permit me to repeat what I stated before that such a course probably would have been the legal form of procedure and would have been adopted if the man had remained on board the Sancho Panzi or been residing ashore where the Commander had no right to assert his power without interfering with British Authority; but that there was no necessity for such a proceeding in the present instance, as the man was taken into custody under circumstances where the Commander of the Elbe conscientiously and ... but him legally could do so, and that to apply for subsequent permission to retain the man in custody or to submit the case to the uncertain decision of the Police Court, would have been an act of unjustifiable disregard for the interests and rights of his Government, which alone have to decide in the matter.
The voluntary surrender of the man, which you further dwell upon, was at
285
undeserved and must fall to the
& fall to the ground. Having exhausted the subject in My former letter I do not propose here to resume the discussion, but in reply to your remark, that if the regular course of
cedure had been followed by Commander
pro.
of
the-
the Elbe and application
to that effect been made to the Local - Authorities, the deserter under the-
Extradition Freaty doubtless world have been handed over to the Elbe,- permit me to repeat what I stated before that such a course probably woues have been the legal form of procedure and would have been adopted if the man had ~ remained on board the Sancho Panzi
or
been residing ashore where the
Commander had no right to assert
his power without
interfering
with
British Authority; but that there was
no necessity for such a proceeding in the present instance,
instance, as the man was taken
into custody under circumstances where the Commander
cander of the Elbe conscientiously
and nove but him legally
Coned do so,
and that to apply for subsequent permision
to retain the man in custody or to submit the case to the uncertain decision of the Police Court, would have been an act of unjustifiable disregard for the interests and rights of his Government, which alove hence for th
th conca decide in the matter.
The voluntary surrender of the man
which you further
you further dwell bow,
wa at
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