8894,
PUBLIC RECORD OFFICE
π l l l l l l l l l
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 586.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, August 6, 1869. We are honoured with your Lordship's commands, signified to us in Sir F. R. Sandford's letter of the 2nd instant, stating that he was desired by your Lordship to transmit to us copies of a Despatch from the Governor of Jamaica, No. 159 of the 9th July, and of the enclosures thereto, relating to the seizure of arms and ammunition on board the American schooner "Grapeshot, and also copies of another Despatch from the Governor, No. 158 of the 9th July, and its enclosures relating to the seizure of arms and ammunition on board the British schooner "La Have.'"
That a copy of the Jamaica Customs Act, 17 Vict. cap. 2., was annexed for reference, and our attention was requested to the 12th section, by which so much of the Imperial Customs Act (16 and 17 Vict. c. 107.) as relates to British possessions is declared to be in force in Jamaica, as well as to the sections 37, 38, and 42, which were referred to by the Governor and the local Attorney-General.
Sir F. R. Sandford was pleased also to say that your Lordship desired to be favoured at our earliest convenience with our opinion:-1st. Whether the seizure of the goods on board the "Grapeshot" was legal, and if so, on what grounds? 2ndly. Whether the seizure of the goods on board the "La Have" was legal, and if so, on what grounde ? 3rdly. Whether, irrespective of the Customs Act, there was any ground which would have justified the Governor in seizing and detaining these arms and ammunition?
In obedience to your Lordship's commands, we have taken the questions submitted to us into our consideration, and have the honour to
Report
That in our opinion the seizure of the arms on board the American vessel "Grapeshot" is not justified by either the Imperial or Colonial Act.
We say this on the assumption that the Collector-General is right in point of fact in stating, as he does in his letter of 5th June 1869, that “it did not appear that the fire- "arms were intended to be landed in Jamaica.” It seems to us, therefore, that they were not imported or brought into the island within the true meaning of the Colonial Act above referred to.
It may, however, deserve consideration whether, inasmuch as actions have been brought in the Courts of the Colony to recover these arms and damages for their seizure, the Colonial Office is bound to interfere before the result of those legal proceedings is arrived at.
Our opinion as to the cargo of the "La Have" is the same as that which we have expressed as to the cargo of the “ Grapeshot."
It does not appear from the Despatch of Sir J. P. Grant that the cargo was ever intended to be imported or brought into Jamaica at all, and that it was only brought there under the compulsion of a Spanish ship-of-war,
It does not appear to us, therefore, that according to the true construction of the Imperial and Colonial Acts either of them have been broken.
We think it right to draw the attention of Her Majesty's Government to the fact of the capture of the "La Have "by the Spanish vessel on the high seas, which, as the Cuban insurgents are not recognized as belligerents, appears to be unjustifiable.
We are of opinion that there are no grounds, irrespective of the Customs Acts, under which the seizure could be justified.
The Right Hon. Earl Granville, K.G.
We have, &o. (Signed)
R. P. COLLIER.
J. D. COLERIDGE.
T. TWISS.
&c.
&c.
o 16978.708.
95.-5/66.
&c.
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