Right Hon. Earl Russell to Charles Francis Adams, April 8, 1864

Earl Russell to Mr. Adams.

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,