£;
8369.
PUBLIC RECORD OFFICE
Reference :-
885
10 PUBLIC RECORD OFFICE, LONDON
| ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC. COPYRIGHT PHOTOGRAPH-NOT TO
}
No. 267.
(TURES' ISLANDS.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Lincoln's Inn, August 29, 1864. We are honoured with your Lordship's commands, signified in Mr. Layard's letter of the 15th of August instant, stating that with reference to the letters from the Foreign Office of the 21st and 30th ultimo and the 2nd instant, regarding the questions as to the blockade of Sto. Domingo and the captures of British vessels by Spanish cruizers, he was directed by your Lordship to transmit to us two letters and their enclosures from the Colonial Office containing further information upon these questions, together with a Despatch and its enclosures from Her Majesty's Minister at Madrid containing the reply of the Spanish Government to his representations regarding the capture of the "Rapid," and to request that we would take these papers into our consideration together with those then before us on the subject, and favour your Lordship with our opinion thereon.
In obedience to your Lordship's commands, we have taken these papers into our con- sideration, and have the honour to
Report
That we have already reported on the subject of the several references of the 21st and 30th ultimo, and the 2nd instant.
That we assume that the extracts from the log book of the "Rapid" are accurately given in Senor Pacheco's enclosure, and if this be so, there can be no doubt that the Rapid" was actively employed in the cause of the insurgents, and had on board, to use the language of the petition preferred by the captain to the insurgent government, "government property of the most essential and required class for the continuation "of this war," and that "this vessel was freighted in the Turks' Islands for the express "service of the Government." Nor can there be any reasonable doubt that Senor Pacheco is right in saying that a false representation has been made to Her Majesty's Government as to the conduct of the Spanish captor towards the crew and property of the "Rapid."
That with respect to the "President," she would be entitled to proper damages for her detention (which does not appear to be refused) as she was captured without reasonable cause, not because she was captured out of the territorial waters.
That with respect to the other vessels (one of which, the "Forward," it appears to be admitted was good prize, if there was a legal blockade) and their crews, we have to observe that it is impossible to arrive at any satisfactory conclusion from the papers before us. That the case of the "Rapid" naturally inclines us to look with grave suspicions upon these statements, and that we cannot help surmising that most, if not all of them, will be found upon inquiry to have been engaged in furnishing provisions or articles contraband of war to the insurgents. At all events, their course is, or ought to have been, to defend themselves before the prize court, and if they had been improperly treated by a denial of justice in that court to have made a specific com- plaint of auch ill-treatment, or such denial to Her Majesty's Government.
With our present information we can only advise your Lordship that the proper authorities at Jamaica and elsewhere should be directed to apprise British owners, that as Her Majesty's Government has recognised the Spanish right of blockade if their vessels are seized, they must appear in the prize courts, and seek for justice in the first instance before these lawful tribunals. It is hardly necessary to add, after our former reports, that the Government notice issued by the Colonial Secretary of Grand Turk Island on the 14th of June last, is calculated to have a misleading effect which requires to be counteracted by some further public notice.
The Earl Russell,
We have, &c. (Signed) ROUNDELL PALMER.
R. P. COLLIER.
PUBLIC RECORD OFFICE ----
COBBICUT BUSTOSBABU
LLAT TA!
&c. &c.
0 16278.-266a.
25.-2/86.
R. PHILLIMORE.
B.
ORD,
No. 267.
(TURKS' ISLANDS.)
LAW OFFICERS to FOREIGN OFFICE.
Lincoln's Inn, August 29, 1864. We are honoured with your Lordship's commands, signified in Mr. Layard's of the 15th of August instant, stating that with reference to the letters from the gn Office of the 21st and 30th ultimo and the 2nd instant, regarding the questions the blockade of Sto. Domingo and the captures of British vessols by Spanish ra, he was directed by your Lordship to transmit to us two letters and their ures from the Colonial Office containing further information upon these questions, her with a Despatch and its enclosures from Her Majesty's Minister at Madrid ning the reply of the Spanish Government to his representations regarding the re of the "Rapid," and to request that we would take these papers into our leration together with those then before us on the subject, and favour your hip with our opinion thereon.
bedience to your Lordship's commands, we have taken these papers into our con- tion, and have the honour to
Report
t we have already reported on the subject of the several references of the 21st th ultimo, and the 2nd instant.
t we assume that the extracts from the log book of the "Rapid" are accurately in Senor Pacheco's enclosure, and if this be so, there can be no doubt that the d" was actively employed in the cause of the insurgents, and had on board, to e language of the petition preferred by the captain to the insurgent government, rament property of the most essential and required class for the continuation is war," and that "this vessel was freighted in the Turks' Islands for the express ice of the Government." Nor can there be any reasonable doubt that Senor co is right in saying that a false representation has been made to Her Majesty's iment as to the conduct of the Spanish captor towards the crew and property of tapid."
t with respect to the "President," she would be entitled to proper damages for tention (which does not appear to be refused) as she was captured without able cause, not because she was captured out of the territorial waters.
t with respect to the other vessels (one of which, the " Forward," it appears to itted was good prize, if there was a legal blockade) and their crews, we have rve that it is impossible to arrive at any satisfactory conclusion from the papers us. That the case of the "Rapid" naturally inclines us to look with grave ons upon these statements, and that we cannot help surmising that most, if not hem, will be found upon inquiry to have been engaged in furnishing provisions. cles contraband of war to the insurgents. At all events, their course is, or to have been, to defend themselves before the prize court, and if they had been erly treated by a denial of justice in that court to have made a specific com- of such ill-treatment, or such denial to Her Majesty's Government.
h our present information we can only advise your Lordship that the proper ities at Jamaica and elsewhere should be directed to apprise British owners, Her Majesty's Government has recognised the Spanish right of blockade if essels are seized, they must appear in the prize courts, and seek for justice in it instance before these lawful tribunals. It is hardly necessary to add, after riner reports, that the Government notice issued by the Colonial Secretary of Turk Island on the 14th of June last, is calculated to have a misleading effect requires to be counteracted by some further public notice.
Earl Russell,
We have, &c.
(Signed) ROUNDELL PALMER.
R. P. COLLIER.
3. &c.
16278.-266a.
25.-2/80.
R. PHILLIMORE.
PUBLIC RECORD OFFICE
C.O.
Reference :-
· 885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO