PUBLIC RECORD OFFICE
C.O.
Reference :-
885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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that he made deliberately false statements with respect to the necessities of his ships for the purpose of setting at nought Her Majesty's instructions.
With regard to the case generally, we are of opinion that the true doctrine with respect to the rights of belligerents, in circumstances like those of the present oase, is Captors properly explained by Lord Stowell in the case of the Anna, 5 Rob. 385: " "must understand that they are not to station themselves in the mouth of a neutral "river for the purpose of exercising the rights of war from that river, much less in "the very river itself."
46
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"The captors appear, by their own description, to have been standing off and on, obtaining information at the Balize, overhauling vessels in their course down the river, and making the river as much subservient to the purposes of war as if it had been a river of their own country.
*
This is an inconvenience which the States of America are called upon to resist, " and which this court is bound on every principle to discourage and correct."
A belligerent has the right, so long as he keeps bond fide and altogether beyond the limits of neutral waters, to watch for ships guilty of breaches of neutrality anywhere upon the open seas, however near this exercise of right may be to any neutral territory. This cannot with any propriety be called a "blockade" of the neutral territory, inas- much as it has none of the legal effects of blockade. Neutrals cannot complain of any degree of obstruction whatever which thus may be offered to ships of their subjects engaged in breaches of neutrality.
If this right of the belligerent be abused by the capture of ships innocently employed, redress will always be open, and ought to be required, according to the circumstances of each case, and if this should be systematically or recklessly done, or if, when done, due provision should not be made by the sentence of the prize court for the complete indemnity of the parties injured, a case will arise for peremptory remonstrance and for further measures, if such remonstrance should fail.
But the belligerent right thus admitted to exist does not in any degree justify the use of neutral waters for purposes subsidiary to warlike operations.
We cannot but express our opinion that it appears from the papers before us, that by the late proceedings of Rear-Admiral Wilkes in Bermuda, not only the rules laid down in Her Majesty's orders have been disregarded, but the hospitality extended by the authorities of the island to the ships under that officer's command upon the pretext alleged by him of want of necessary repairs and supplies, has been seriously abused for the purpose of furthering belligerent operations which he was engaged in carrying out.
We have, &c.
The Earl Russell, K.G.,
&c. &c.
&o
(Signed)
W. ATHERTON.
ROUNDELL PALMER.
ROBERT G. PHILLIMORE.
11255.
No. 143.
(GAMBIA.)
QUEEN'S ADVOCATE to COLONIAL OFFICE.
Doctor's Commons,
November 17, 1862.
23 Aug. 1862.
MY LORD DUKE,
I AM honoured with your Grace's commands, signified in Mr. Elliot's letter of No. 182, the 14th instant, stating that he was directed by your Grace to transmit to me a copy . 61. of a Despatch from the Governor of the Gambia, enclosing an Ordinance passed by the 24 Aug. 1862. Legislature of that Colony, "to declare valid certain marriages heretofore contracted To Queen's
and solemnised, and to provide for the future solemnisation of matrimony."
Advocate,
25 Aug. 1861,
Mr. Elliot was likewise to transmit the previous correspondence on this subject, Queen'
Advocate, including the report of the late Queen's Advocate, and to request that I would furnish 9 Nov. 1861. your Grace with my opinion whether the Ordinance now submitted by the Governor To Governor,
be confirmed in its present shape. may
In obedience to your Grace's commands, I have taken these papers into consideration, and have the honour to
Report
That I am of opinion the Ordinance in question may properly be confirmed by Her Majesty.
I should have preferred the insertion of some words in the seventh section, which refers to licenses, more clearly pointing out that the issuing of these instruments is discretionary with the Governor, but I do not think it worth while to refer the Ordinance back to the Gambia for that purpose only, and probably the circumstances of the Colony make some difference upon this point from the English law expedient.
I therefore humbly advise that the Ordinance be confirmed.
I have, &c.
His Grace the Duke of Newcastle.
(Signed) ROBERT PHILLIMORE.
No. 193,
92 Dec. 1861.
16978.-135. 25.-8/86,