William Hunter, Esq., Acting Secretary of State, Washington, D. C.
Earl Russell to Mr. Adams
Foreign Office,
May 19, 1865.
Sir: I have the honor to bring to your
knowledge proceedings which have been taken by the colonial
authorities at Nassau, in regard to a person named Vernon Locke, an
application for whose extradition has been made by the government of
the United States through her Majesty’s representative at
Washington.
In the early part of the year 1863, a schooner named the Retribution,
belonging to the navy of the so-called Confederate States, captured
an American vessel, the Hanover, of Boston, and Vernon Locke, the
commander of the Retribution, succeeded, by means of fraudulent
personation and representation, in procuring the admission of the
Hanover to the port of Long Cay, in the Bahamas, and effected there
the sale of that vessel’s cargo.
A representation on the subject having been made to Lord Lyons by Mr.
Seward, his lordship immediately communicated with the governor of
the Bahamas, and after an investigation of the case Locke was
arrested and taken before the acting police magistrate, by whom he
was fully committed for trial on charges of conspiracy and forgery.
The offence, however, with which Locke was charged was bailable, and
having been admitted to bail, he did not surrender. His
recognizances were therefore forfeited, but no further steps could
at the time be taken.
In February last Locke returned to Nassau and was rearrested, the
colonial authorities having taken immediate steps to bring him to
trial for the above-mentioned offences. But in the meanwhile Mr.
Seward received information that Locke had returned to Nassau, and
made a requisition through Mr. Burnley for his extradition on
charges of murder and piracy, arising out of the case of the
Chesapeake, and the governor of the Bahamas thereupon applied to her
Majesty’s government for instructions as to the course which he
should pursue, with regard to the two-fold charges thus brought
against Locke.
I have the honor to inform you of the decision which, after attentive
consideration of all the circumstances of the case, her Majesty’s
government have come to in regard to this matter. It appears to her
Majesty’s government that the United States government are not
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entitled to obtain the
extradition of Locke, until he shall have been tried for the
offences alleged to have been committed by him against British law,
and, if convicted, shall have undergone any sentence which may be
passed upon him. But her Majesty’s government are unwilling that, in
consequence of any delay on this account in the extradition of
Vernon Locke, the means of supporting the graver charge against him
should be weakened, and I have, therefore, to state to you that her
Majesty’s government will waive their right to prosecute Locke for
the offence of conspiracy and forgery, if the evidence upon the
charge arising out of the seizure of the Chesapeake shall prove to
be sufficient to justify extradition by the government of the
Bahamas.
I request that you will have the goodness to inform your government
of the manner in which her Majesty’s government propose to proceed
in regard to the application for Vernon Locke’s extradition.
I have the honor, &c., &c.,
&c.
Charles Francis Adams, Esq., &c., &c., &c.
