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The British Government, for instance, has done so in the Postal Treaty concluded with France on September 24th, 1856. Moreover, by special Ordinance, the steamers of the Messageries Maritimes touching at Hongkong have been granted a similar privilege.
The Imperial Government, though not appealing to the provision expressed in clause I of the Treaty concluded between Great Britain and Prussia on August 16th, 1865, hope, nevertheless, that in conformity with the modern principles of International Law, the British Government will see their way to confer upon the subsidized mail steamers of the North German Lloyd the same privileges as have been granted to the French Mail steamers by the above-mentioned Treaty.
Berlin, February 24th, 1886.
(Copy)
The Earl of Rosebery to Count Hatzfeldt,
M. L'AMBASSADOR,
FOREIGN OFFICE,
April 26th, 1886.
I have placed myself in communication with the Secretary of State for the Colonies with reference to the best mode of giving effect to the wishes expressed by your Government that the privileges of Ships-of-war which are accorded by Article V of the Convention between Great Britain and France of September 24th, 1856, to vessels subsidized by their respective Governments for Postal purposes should be extended to the North German Lloyd's line of steamers which is about to be established between Germany, China and Australia and which will receive a subsidy from the German Government for the carriage of mails,
I have already informed your Excellency that Her Majesty's Government are most willing to comply with the wishes of the Imperial Government in the matter, so far as they can legally do so, and I will proceed to explain the position of Her Majesty's Government with reference to the Postal Convention with France of 1856 and to a similar convention with Belgium of February 17th, 1876, both of which contain the same provision granting the privileges of Ships-of-war to subsi- dized Postal Vessels.
From the time when the French line of the Messageries Maritimes first began to run to India and China difficulties have constantly arisen in the application of Art. V of the French Convention by reason of the Commanders of the steamers of that Company insisting with the support of French Consuls upon exercising the privileges conferred by it in their strictest sense, and so as to defeat the course of criminal justice and to deprive in certain cases private individuals of their civil remedies. In 1878 a case of collision arose at Dover between a subsidized vessel of Belgium, Le Parlement Belge, and the British steam-Tug Daring which raised the question of the privileges granted by the Belgian Postal Convention before the Tribunals in this Country. The Courts held that it was not competent for the Crown without authority of Parliament to clothe these subsidized vessels with the immunities of Foreign Ships-of-war so as to deprive British subjects of their right to proceed againts them for the enforcement of their legal rights. That decision has naturally added to the difficulty of the situation and a voluminous correspon- dence has taken place between the British and French Governments arising out of the conflicts which have occurred at Hongkong, Singapore and Ceylon between the judicial authorities and the Messageries Maritimes. Indeed Her Majesty's Government would have been compelled to determine the Postal Convention with France by notice under Art. 37 were it not that the more recent instructions which appear to have been given to the Commanders of the French Postal steamers have prevented a renewal of the complaints of the Colonial Governments.