9893.
וח
PUBLIC RECORD OFFICE
11111
MY LORD,
No. 86.
(BARBADOS.) (BAHAMAS)
LAW OFFICERS to FOREIGN OFFICE.
Doctors' Commons, October 29, 1861. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 9th October instant, stating that he was directed to transmit to us three letters from the Colonial Office, enclosing copies of Despatches from the Governor of Aug. 19. Barbados and the Lieutenant-Governor of the Bahamas, respecting the remonstances Oct. 3. which have been addressed to them by the United States Consuls in regard to the treat- Oct. 4. ment which vessels bearing the flag of the Secession States met with in those Colonies, and to request that we would take the same into consideration, and furnish your Lord- ship with our opinion as to the instructions which should be addressed to the Governors of those Colonies.
In obedience to your Lordship's commands we have taken these papers into con- Bideration, and have the honour to
Report
That the Governor of Barbados and the Lieutenant-Governor of the Bahamas appear to us to have taken a correct view of their position and duty in this matter, and that they may be instructed that no foreign Consul has any power or jurisdiction to seize any vessel (under whatever flag) within British territorial waters, and that the British authorities ought not to take any steps adverse to merchant vessels of the Confederate States, or to interfere with their free resort to British ports.
With respect to supplies even of articles clearly "contraband of war" (such as arme or ammunition) to the vessels of either party, we think that the Colonial authorities cannot interfere, unless anything should be done in violation of the Foreign Enlistment Act, 59 Geo. 3. c. 69., which prohibits the equipping, furnishing, fitting out, and arm- ing of ships or vessels for the service of foreign belligerent powers, and also the supply of guns or equipments for war so as to increase the warlike force of vessels of war, but does not render illegal the mere supply of arms or ammunition, &c. to private ships or vessels.
If it should be necessary for the Colonial authorities to act in any such case it should only be done when the law is regularly put in force, and under the advice of the Law Officers of the Crown.
With respect to the supplying in British jurisdiction of articles
ancipitis users
"
(anch, for instance, as coal) there is no ground for any interference whatever on their
part.
The Earl Russell,
&c.
&c.
We have, &c.
(Signed)
J. D. HARDING.
W. ATHERTON. ROUNDELL PALMER.
⚫ 16978-807.
25.-9/86.
C.O.
Reference :-
885
PUBLIC RECORD OFFICE, LONDON
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