Terms of the convention; but were subsidized by a Foreign Government for the Postal Service, they would be entitled to exemption from such liability.
In obedience to Your Lordships' Commands, we have taken these papers into consideration and have the honour to Report.
That in our opinion, French Vessels which are National or the property of the French Government, & vessels which are chartered or subsidized by the French Government, and men employed for "the conveyance of correspondence between French & English Ports" are within the 5th Article of the Postal Convention, and may not on any account be diverted from their especial duty, or be liable to seizure, detention, arrêt de Prince, or embargo.
But it does not follow that such vessels are exempt from the liability attaching to other vessels for damage which they have done in collision; redress in such cases must however be sought through and with the consent (where the liability is disputed, & the question of fact is to be tried), of the French Government.
2. Where a vessel is not within the terms of the convention & not National property, but merely chartered or subsidized by a Foreign Government for the Postal Service, we are of opinion that it has no claim to any exemption whatever.
In giving Your Lordships our opinion upon the two questions which you have directed to be put, we have confined ourselves to the very terms in which those questions & Articles 2, 4, 5 of the Postal Convention are framed.
We think it right to add that whilst we do not agree with the opinion which Mr Rothery has apparently formed that the convention applies only to the routes "named", we are of opinion with him that the routes especially...