7493.
#
gang robbery As regards the crimes and offences specified we would remark that "
are not terms known to English law, and unless these and "great personal violence terms are recognized in Siam and in the Straits Settlements, it would be better to have some terms known in both countries to express the crimes. Breach of prison, unless when the person is imprisoned for a criminal offence, should hardly be included; breach of trust, too, we should think might be omitted, and “attempts to commit any of these offences" seems too wide. It is difficult to understand how an attempt to commit perjury could be proved. The treaty might, however, properly include attempts to commit murder, rape, burglary, arson, and robbery.
We think for the above reasons that the clause is defective in form and substance, and that the treaty should not be ratified as it now stands.
The Lord Stanley,
&c.
&c.
We have, &c. (Signed)
J. B. KARSLAKE. W. B. BRETT.
T. TWISS.
No. 521.
(GIBRALTAR.)
QUEEN'S ADVOCATE to FOREIGN OFFICE.
MY LORD,
Temple, July 14, 1868. I AM honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 9th instant, stating that he was directed by your Lordship to transmit to me the accompanying letter and its enclosures from the Colonial Office relative to the proceedings of a Spanish guarda costa in intercepting and boarding a Gibraltar schooner, named the "Fanny," while on a voyage with a cargo of tobacco from that port to Oran; and to request that I would take the case into consideration and furnish your Lordship with my opinion thereupon.
In obedience to your Lordship's commands I have the honour to
Report
That the mode in which the "Fanny" had been hovering off the Spanish coast for four hours and a half before the first visit of the Spanish guarda costa was calculated, in my opinion, to excite reasonable suspicions on the part of the Spanish Custom House officers, and justified them in boarding her. Her subsequent navigation, after. they had ascertained that she was laden with tobacco, was not calculated, in my opinion, to disarm their suspicions, and unless it can be shown that there were hin- drances to the schooner prosecuting her voyage to Oran, notwithstanding that there was a favourable wind from E.N.E., and that the Spanish Custom House officers ought to have taken those hindrances into account after they left on the first occasion, I think it to be a matter of doubtful expediency for your Lordship to direct any further representation to be made to the Spanish Government.
There seems,
It is very possible that the representation of the crew of the Guarda Costa will be less favourable to the schooners than the depositions of her own crew. however, to have been some laxity of conduct on the part of the crew of the guarda costa as regards the bottle of gin which they found and drank off on board the schooner, but as that fact has been already made known to the Spanish Government it
is hardly deserving of further serious notice from your Lordship.
Lord Stanley,
&c.
&c.
I have, &c. (Signed)
TRAVERS TWISS.
0 16278.674. 95.-5/86.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO