618.
MY LORD,
No. 100.
(BAHAMAB.)
LAW OFFICERS to FOREIGN OFFICE.
Temple, January 15, 1862. We are honoured with your Lordship's commands signified in Mr. Hammond's letter of this day's date, stating that he was directed by your Lordship to transmit to us therewith a copy of a Report from Commodore Dunlop enclosing copies of corre spondence with the Governor of Nassau, New Providence, respecting the supposed intention of the Government of the United States to establish a depôt at that port, and the apprehensions which the Governor seems to entertain of the possible proceedings of the United States cruisers in the neighbouring waters to be inferred from the pre- parations made by a cruiser now there to pursue any southern vessel belonging to the 80-styled Confederate States now in that port.
Mr. Hammond was also pleased to state that he was directed by your Lordship to request that we would take this Despatch into immediate consideration, and report to your Lordship what instructions should be given to the Naval or Colonial authorities in regard to the matters to which he had specifically referred, as well as in regard to any other points adverted to in the correspondence which might seem to us to call for observation.
Mr. Hammond was further pleased to state that your Lordship would be glad to be enabled to inform the Board of Admiralty early to-morrow of the opinion we might arrive at, in order that such instructions as may appear requisite may be sent out by the West Indian Mail to-morrow evening.
In obedience to your Lordship's commands, and during the temporary absence from town of Her Majesty's Advocate General, we have taken this Despatch into consideration, and have the honour to
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Report
1. That we think Lieutenant-Governor Nesbitt has acted properly in refusing to allow the proposed coal depôt to be formed at Nassau, or to allow American men-of- The formation or permission of war of either party to coal at Nassau during the war. such a depôt for a purpose so directly connected with belligerent operations, would, in our opinion, be inconsistent with the neutrality of this country, and we think that it will be proper to instruct the Lieutenant-Governor that no such depôt can be per- mitted, but that if there are any coals belonging to the Government of the United States which may have been brought to Nassau in bond fide ignorance that the use intended to be made of them would be objected to, permission may be given to remove such coals, provided the whole quantity be simultaneously removed.
2. That the authorities of the Bahama Islands will clearly be justified in preventing either of the belligerents from making any British barbour a place from which to pursue the enemy's vessels, though it may not be intended actually to assail them within British waters, and we think that the Lieutenant-Governor ought to be in- structed to take such measures as may be necessary for that purpose, and that the naval authorities should be ordered to co-operate with him therein. Any such use of British waters would be a plain violation of the rights of the neutral territory. There is, however, some difficulty in defining a priori what ought to be deemed to be the proper test of such use; the rule, that an interval of 24 hours shall lapse before a ship of one belligerent leaving neutral waters shall be followed by a ship of war of the other belligerent, being one which cannot be said to be established by the general consent and usage of nations, so as to have become part of international law. If (as seems to us probable) it would be desirable to establish a positive rule of this kind, we think that the most proper and unexceptionable course would be to do so by Royal Proclama- tion made applicable to all these places to which the rule may be intended apply, and if this course should be followed, the Proclamation should be so expressed as to prevent the pursuit within the prohibited time of any merchant ships or ships of war of either belligerent; and it might be expedient by the same proclamation, to make
0 14978.-950. 25.-2/86,