PUBLIC RECORD OFFICE
Reference :-
moil
TLC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
2
the precedent of 1856 creating the Bishop of Kingston is of questionable validity, and is not one which we would advise your Grace to follow.
We have, &c.
(Signed)
His Grace the Duke of Buckingham and Chandos,
&c.
&c.
&c.
JOHN B. KARSLAKE. WM. BALIOL BRETT. TRAVERS TWISS.
8919.
i
MY LORD,
No. 528.
(GIBRALTAR.)
ADVOCATE-GENERAL to FOREIGN OFFICE.
Temple, August 8, 1868. I AM honoured with your Lordship's commands, signified in Mr. Egerton's letter of the 4th instant, stating that, with reference to my report of the 14th ultimo,* relative to the boarding of the Gibraltar schooner "Fanny" by a Spanish revenue cruizer, he was directed by your Lordship to transmit to me therewith, together with the previous papers, a letter from the Colonial Office requesting to be informed what are the particular statements in the depositions on which the view taken by me of the case is founded, and to which the Governor of Gibraltar's attention should be called, and Mr. Egerton was pleased to request that I would take the same into my consideration, and favour your Lordship with my opinion as to the answer, which should be returned to the Colonial Office.
In obedience to the commands of your Lordship, I have taken these papers into consideration, and have the honour to
Report
That upon the view which I have taken of the depositions of the master and crew of the schooner "Fanny "—and it may be observed that their depositions are ex parte and may be presumed to present the most favourable view of their case,-I consider it to be established that the "Fanny" left the Bay of Gibraltar on the 16th of June Her destination is alleged to have been for 1868 with a steady breeze from E.N.E.
At half-past 3 p.m., having been 4 hours at sea, the Oran, with a cargo of tobacco. "Fanny" was only distant 3 miles from Europa Point bearing N.W. by N. She was at this time boarded for the first time by the Spanish revenue boat. If, as his Grace the Duke of Buckingham gathers from the papers, the "Fanny " had been making from two to three miles an hour during this interval of time, she ought to have been from 10 to 12 miles distant from the Spanish coast, if she had been making the beat of her way to Oran. I am therefore led to the conclusion that the "Fanny" must have been tacking about-in other words, was hovering off the Spanish coast-under circumstances which might reasonably warrant the Spanish revenue boat in visiting and overhauling her.
The first visit of the revenue boat seems to have lasted about 10 minutes, and their conduct, with the exception of taking away a bottle of gin from one of the crew, does was at once allowed to proceed not seem open to any fair complaint, as the "Fanny on her voyage.
"
After the lapse of an hour the "Fanny" is represented by her master and crew to have advanced on her alleged destination to Oran only half a mile. It is not stated since she left that the wind had become unfavourable in any way to the "Fanny Gibraltar, and no explanation is offered for her continuing thus to hover off the Spanish coast. The officer in charge of the revenue boat on boarding her the second time seems to have decided to take her to Algeciras, and altered her course for Cabreta Point. After keeping her on this course for about a quarter of an hour, no reason being stated by the master of the "Fanny" for the officer's change of purpose, he is represented to have left the "Fanny." At this stage of the case there is a conflict of evidence between the master and the mate of the "Fanny." The mate states that, after the Spaniards left her on this occasion, she proceeded towards Gibraltar in order to report the circumstances, and had proceeded for about half a mile when the revenue On the other hand the master in his boat returned and boarded her a third time. statement made at Gibraltar on the 17th June 1868, says, that he was at the distance of three and a half miles from Gibraltar when he was boarded the second time, and the third time about four miles. He also says that he had proceeded about half a mile upon his course after the Spaniards had left him, for the second time, before the boat, for the third time, returned and boarded him. The master and mate are thus in direct > was conflict as to the course of the "Fanny" after the Spaniards left her on the second occasion. It may be observed that during the whole of this time the "Fanny
016278-675.
25.-5/06
• No. 521.