2
condemnation, to alter the facts, if it may be, and to show an innocent destination of the ship. In the absence of any such countervailing case it appears to us that the vessel, cargo, and stores may be properly condemned.
The Earl Russell.
We have, &c.
(Signed) WM. ATHERTON.
ROUNDELL PALMER.
8103.
PUBLIC RECORD OFFICE
mim
Reference :-
C.O. 885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 129.
(BAHAMAB.)
LAW OFFICERS to FOREIGN OFFICE.
Doctors' Commons, August 12, 1862. We are honoured with your Lordship's commands, signified in Mr. Layard's letter of the 2nd instant, stating that he was directed by your Lordship to transmit to us the accompanying letter and its enclosures from the Colonial Office respecting the seizure of the vessel "Oreto at the Bahamas on the suspicion of having on board stores intended for the use of the Confederate States.
Mr. Layard was also pleased to state that he inclosed a letter addressed to the Colonial Office, from which we should see that this vessel is to be detained until further instructions are sent to the Governor of the Bahamas, and that he was directed by your Lordship to request that we would take these papers into our con- sideration and furnish your Lordship with our opinion as to the form of prosecution to be adopted in this case, whether proceedings should be instituted under the pro- visions of the Foreign Enlistment Act, or for a violation of the law of nations, and with any other observations which we might have to offer on the matter.
Mr. Layard was further pleased to state that he also inclosed, for our information, a previous correspondence respecting this vessel when she was being fitted out at Liverpool.
In obedience to your Lordship's commands we have taken these papers into our consideration, and have the honour to
Report
That it appears to us to be proper, in the first instance, to correct & misapprehension which is to be found in Mr. Layard's letter, and also in that of Sir F. Rogers of the 30th July. The seizure is therein described as "the seizure of the vessel Oreto' at "the Bahamas, on the suspicion of having on board stores intended for the use of the "Confederate States;," whereas the seizure in reality took place and can only be justified on the ground of a violation of the Foreign Enlistment Act by those in charge of the "Oreto," by reason of her having been "equipped, furnished, fitted out or armed" for the purpose of being employed in the conduct of hostilities against the Government of the United States. A merchant vessel under the British flag lying at "stores intended for the use of the Confederate the Bahamas, and having for her cargo States," even though such stores were military or naval stores, would not be guilty of a breach of the Foreign Enlistment Act, or of any other provision in the municipal law of this country, though by the laws of war she would be liable to capture on the high seas, by cruizers of the United States as carrying contraband, or sailing with an express intent to violate an existing effective blockade.
46
As regards the manner in which this vessel ought now to be dealt with, we concur in the views expressed by Governor Bayley that the question of condemnation ought to be submitted to the local court of Vice-Admiralty. The Act (s. 7) directs that the prosecution of the vessel to condemnation is to be "in such courts" (in which) "ships or vessels may be prosecuted and condemned for any breach of the laws made for "the protection of the revenues of customs and excise, or of the laws of trade and "navigation." We think that the facts warranted the seizure; but we must add that it is very important that, on the trial, evidence should be adduced of what occurred at Liverpool, as regards the building and fitting out, and the alleged ownership and destination of the "Oreto," and also that (if possible) the circumstances under which she took on board the shot, shells, and ammunition, which she is said to have dis- charged into some other vessel when off Nassau, should be ascertained and proved. This, coupled with the subsequent career of the vessel, strengthens the conclusion that she was destined and “equipped" (in her structure and otherwise) for taking part in the war against the United States.
The Earl Russell,
&c. &c. &c.
We have, &c. (Signed) WM. ATHERTON.
ROUNDELL PALMER.
14976-951. 25.-2/01.