5460.
No. 341.
(BERMUDA.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Lincoln's Inn, May 29, 1865. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 17th instant, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office enclosing a copy of a Despatch from the Governor May 11. of the Bahamas, reporting the circumstances under which certain guns were permitted to be shipped at Nassan for Havanna on board the screw steamer "Louisa Ann Fanny." The previous correspondence respecting this vessel was also enclosed, and Mr. Hammond was pleased to request that we would take this case into consideration, and furnish your Lordship with our opinion with regard to the proceedings of Governor Rawson in
this matter.
In obedience to your Lordship's commands we have taken this case into consideration, and have the honour to
Report
That the shipment of guns referred to in Mr. Hammond's letter appears to have taken place at Bermuda, and not at Nassau.
It is difficult for us to form an entirely satisfactory opinion upon the question, whether Lieutenant-Governor Hamley (not Governor Rawson) was well advised by his Privy Council or not, when he permitted this shipment to take place. If it should hereafter appear that the guns were really shipped for the purpose of arming the "Louisa Ann Fanny," and that the Lieutenant-Governor of Bermuda was deceived by the representations of Major Walker and of the master of the vessel, the case might possibly lead to embarrassing discussions between Her Majesty's Government and the Government of the United States considering the active interest shown in the shipment by Major Walker, a known or reported Confederate agent, it would in our opinion have been prudent for the Lieutenant-Governor to obtain from competent naval authorities a report upon the questions whether the guns proposed to be shipped were such as would be suitable for the purpose of arming that particular vessel, and whether there were or were not in the structure or fittings of the ship herself any indications of an intention to use her for any warlike purpose. And as Major Walker had expressly offered to give security in six times the value of the freight, that "no belligerent act should be attempted by the steamer," we think it would have been proper at all events to take that security before waiving the objection originally made to the shipment of the guns. It is possible that both these precautions may have been actually taken; but it is not expressly so stated in Lieutenant-Governor Hamley's Despatch of the 13th of April last.
Subject to these observations, it appears to us that the Lieutenant Governor intended to do, and to the best of his judgment did, his duty in this case. The shipment of articles contraband of war, for purposes of trade, on board a merchant vessel in a British port cannot be prohibited or interfered with, unless under a Royal proclamation prohibiting their exportation by virtue of the powers entrusted to Her Majesty by the Customs Laws Consolidation Act, which powers have not been exercised by Her Majesty during the present war. And it cannot be presumed, without evidence, that guns proposed to be shipped as cargo on board a seeming merchant vessel, are not really intended as such cargo, but are meant for an illegal armament contrary to the Foreign Enlistment Act.
The Earl Russell,
&c.
&c.
We have, &c.
(Signed)
ROUNDELL PALMER.
R. P. COLLIER. ROBERT PHILLIMORE.
Ο 16978,-81.
25.-2/87.
PUBLIC RECORD OFFICE
Reference :-
C.O.
885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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