CO129-282 - Acting Governor Major Gen Black - 1898 [3-4] — Page 352

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It would seem that the Treaty conveys some-

thing more even than the exequatur and that the United

States Consul has the right to claim and the right to ex- pect that "the proper authorities" will arrest and restore seamen who may desert from any ship belonging to a citizen

or subject of the United States.

It would further appear that insomuch as the

Treaty clothes the United States Consul with "power to re-

quire" such arrests, that the United States Consul is the

sole judge as to whether a man is or is not a deserter.

Our statutes are very clear as to what con-

stitutes a deserter and contain nothing as to the right of

any court of any country with which we have treaty stipula-

tions on the subject, to reverse the decision of a Consul as

to whether a man has broken any of these statutes or not,nor

does it look forward to said Courts or authorities refusing

to arrest and recover said declared deserters. I have the

honour to inquire whether the Colonial Government recognises

this treaty and if so, whether when a man has been declared

a deserter by the United States Consul he will be,at the

request of the United States Consul arrested and held at

the pleasure of the United States Consul by the proper au-

thorities. I also have the honour to inquire if it is with-

in the treaty for the Police Authorities to refuse to deal

with a man after the Consul has requested it, simply because

the man states that he is not a deserter.

I