CO129-282 - Acting Governor Major Gen Black - 1898 [3-4] — Page 363

COPY.

360

10551

ENCLOSURE $7

RECT

REG IF N

08

Minute by the Attorney General,

Hon. Colonial Secretary.

The U. S. Consul claims that he is the sole

judge as to whether a seaman from a U. S. Ship is or is not a

deserter, and also that any such seaman whom he declares to

be a deserter should be arrested by the Police at his re-

quest and held by them "at the pleasure of the U. S. Consul".

This position he takes up in his letter of

March 10th.,1898, to the Col. Secretary, and he takes his

stand on the Treaty of June 3rd.,1892 (to be found at p 804

of the Govt. Gazette for 1892). On the other hand, the law as

defined by the Merchant Shipping Consolidation Ordinance

1891, and explained to him in the letter of the Colonial Se-

cretary to the U. S. Consul dated 18th.March,1898, (which I

drafted and which was approved by His Excellency) throws

over the alleged deserter the protection of the Stipendiary

Magistrate who decides whether he is a deserter or hot and

who alone can confine him in Gaol until he is demanded by

the Master of the Ship or the Consul,&c., &c.,

This Ordinance was passed in 1891 and allow-

ed by Her Majesty, and, until altered, is clearly binding upon

this Government. Moreover, this Government has no cognizance

of the Instructions the U. S. Government may give to its Con-

sular