5119.
PUBLIC RECORD OFFICE
C.O.
Reference:→
885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 248.
(MAURITIUS.)
LAW OFFICERS to FOREIGN OFFICE.
Q.A. April 26.
From 0.0%, M
MY LORD,
Lincoln's Inn, May 11, 1864. We are honoured with your Lordship's commands, signified in Mr. Murray's letter of the 5th instant, stating that he was directed by your Lordship to transmit to us the papers, as marked in the margin, respecting some goods which had been brought co. April 16 to the Mauritius in the French bark "Sirene," and for the detention of which application com was made by the United States Consul to the Governor of the Colony, on the ground that they had formed part of the cargo of the Confederate prize "Sea Bride" and Mr. Murray stated that we should observe from the letter from the Colonial Office of the 5th instant that Mr. Secretary Cardwell is of opinion that, as the question of the general instructions to be issued to the Governors of Her Majesty's Colonies was brought under our consideration in Mr. Layard's letter of the 16th ultimo, it is desirable that we should also have before us the papers now sent to us relative to the disposal of the cargoes of prize vessels brought into a Colonial Port in British or other neutral vessels and Mr. Murray was accordingly to request that we would take these papers into consideration, together with those lately before us, and embody in the proposed instructions to the Colonial Governors such directions as we may consider advisable on this particular head.
In obedience to your Lordship's commands we have taken these papers into considera- tion, and have the honour to
Report
That after considering these papers it does not appear to us to be necessary to make any change in or addition to the draft instructions prepared by us pursuant to the request conveyed in Mr. Layard's letter of the 16th ultimo.
Questions such as that lately raised at the Mauritius by the United States Consul with respect to the cargo of the "Sea Bride" must be left, in our opinion, to the civil tribunals. The Executive Government has no authority to disregard or call in question the prima facie title evidenced by possession of a private non-belligerent person who brings property of this description into a neutral port, whether he be a foreigner or a British subject. And there is no foundation in law for the idea that a valid title cannot be made to property taken in war by enemy from enemy without a prior sentence of condemnation.
The absence of such a sentence may be material when the question is whether captured goods brought by a belligerent ship of war exempt from civil jurisdiction Into a neutral port from which prizes are excluded ought to be regarded by the neutral Government as still having the character of prize, but this is altogether different from a mere question of property in the goods themselves.
We have, &c. (Signed)
ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.
{
The Earl Russell, K.G.
&c.
&c.
14978-544.
25.---9/86.