Mr. Adams to Mr.
Seward.
No. 657.]
Legation of the United States,
London,
April 14, 1864.
Sir: In connexion with my despatch, No. 643, of
the 8th of April, I now have the honor to transmit a copy of a note of
Lord Russell’s to me, dated the same day, in answer to mine of the 21st
of March, on the subject of the delay in the proceedings at Liverpool
for the extradition of the pirates of the Joseph L. Gerrity.
It would appear from this that the postponements are made under authority
from the government. No doubt proper commissions from Richmond will be
made and forwarded in season to effect their release.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Earl Russell to Mr. Adams.
Foreign Office,
April 8, 1864.
Sir: With reference to my letter of the
21st ultimo, I have the honor to state to you that I am informed by
the secretary, Sir George Grey, that the circumstances connected
with the alleged case of piracy on board the Joseph L. Gerrity
having been brought by the magistrate at Liverpool, before whom the
case was heard, to Sir George Grey’s notice, he had thought it right
to consult the proper law officers of the crown thereupon; and that
he had been advised that, having regard to the nature of the
allegations made by the prisoners, they ought to have the
opportunity of proving, if they are able to do so, that they acted
under authority, and that they should, if they require it, be
remanded a sufficient time for that purpose.
I have further to observe, that if (as appears to be the fact) the
magistrate is of opinion that sufficient time ought to be granted to
enable the prisoners to apply for their discharge upon habeas corpus to a supreme court, the
peculiar circumstances of this case, and the importance of the
consequences which it may involve, seem to be such as justify him in
taking that course. I am unable, therefore, to admit the justice of
the complaint of the magistrate’s proceedings contained in your
letter; nor would her Majesty’s government consider the exercise of
similar care and circumspection by any magistrate of the United
States, in the case of a like demand by her Majesty for the
extradition from the United States of persons charged with a capital
offence, as at all opposed to the letter or spirit of the treaty
between the two countries.
I have the honor to be, with the highest consideration, sir, your
most obedient, humble servant,
Charles Francis Adams, Esq., &c., &c., &c.
