12860.
PUBLIC RECORD OFFICE
זת
C.O. 885
Reference :-
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 539.
(GIBRALTAR.)
ADVOCATE-GENERAL to FOREIGN OFFICE.
Temple, November 17, 1868. I AM honoured with your Lordship's commands, signified in Mr. Murray's letter of the 7th 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 Beizure by Her Majesty's ship "Skylark" of a Spanish revenue cruizer while searching a Spanish trader in British waters, and to the subsequent proceedings of the Acting Governor of Gibraltar with regard to those vessels, and Mr. Murray was pleased to request that I would take the same into my consideration and favour your Lordship with my opinion thereupon.
In obedience to your Lordships commands I have taken these papers into considera- tion, and have the honour to
Report
Sky- That it appears from the report of the commander of Her Majesty's gunboat lark" that, in consequence of a signal having been made from the signal station that his a Spanish revenue boat was boarding a British trader in British waters, he got up steam and proceeded to the vessels, and thought it his duty to detain them both, and to take them into the new mote at Gibraltar, having transferred the crew of the revenue boat into his own vessel. Upon the examination of the crews of the revenue boat and the trader before the police magistrate at Gibraltar, it appeared that Her Majesty's gunboat was not justified in detaining and taking into port either of the vessels, as the trader proved to be a Spanish vessel belonging to Estepona, and the officer in charge of the revenue boat asserted that he had gone on board the trader for water, and not for the purpose of searching her for revenue purposes, in which story ho was confirmed by the master of the trader. It may be open to question 'Sky. whether this story was altogether consistent with the facts observed from thể “. lark," but I think the British authorities were right in acting upon it. Under the circumstances, therefore, that both vessels were Spanish, and that the Spanish revenue boat had not attempted to exercise any right of search within British waters, the Governor of Algeciras would have been entitled to demand that both vessels should be given up to him, and it was a proper act of courtesy on the part of the Acting Governor of Gibraltar to anticipate any such demand by sending in the vessels to Algeciras with an explanation of the grounds of seizure. I do not consider that the letter of August 19th, 1868, which the Acting Governor of Gibraltar addressed to the Governor of Algeciras on sending back the two vessels was calculated to lead the "as she latter to suppose that the Spanish trader had been sent in to Algeciras
appeared to have been about to smuggle tobacco into Spain." The fair construction of the letter would appear to be that, although the Acting Governor had misgivings as to the conduct of the revenue boat, "he felt himself at liberty to place both vessels at the disposal of his Excellency." With regard, therefore, to the proceedings of the Acting Governor upon the view which I have ventured to take of them, I think that they were proper. But it seems to have been stated by the master of the trader before the police magistrate at Gibraltar that he had on board a cargo of tobacco, which he intended to smuggle into Spain, and the Governor of Gibraltar, who was not himself at Gibraltar at the time of the seizure, alludes to that amongst other facts in his Despatch of October 16th to his Grace the Duke of Buckingham and Chandos, which may have led his Grace to suppose that it was the motive for the Acting Governor of Gibraltar handing over the trader to the Governor of Algeciras. If his Grace's supposition should prove to be correct, it was an error on the part of the Acting Gover or to send in the Spanish trader to Algeciras in order that she should be dealt with according to Spanish law. But I do not think the circumstance of the trader having tobacco on board would have been a sufficient answer to the Spanish authorities if they had sent to demand the surrender of both vessels whilst they were under seizure, and therefore I consider that it did not preclude the Acting Governor of Gibraltar from handing over the Spanish trader to the Spanish authorities at the same time when he handed over the revenue boat.
W
The Lord Stanley,
&c.
&c.
25.-5/86.
16278.-677.
I have, &c.
(Signed)
TRAVERS TWISS.