9677.
No. 596.
(CANADA.)
SIB,
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, August 26, 1869. WITH reference to your letter of the 6th instant, upon the subject of the claim of Mr. Fergusson for compensation on account of the destruction of his property in Cuba, I am directed by the Earl of Clarendon to transmit to you, for the information of Earl Granville, the accompanying copy of a Despatch, which, after consulting the proper law adviser of the Crown, Lord Clarendon has addressed to Her Majesty's Chargé d'Affaires at Madrid upon the subject.
The Under Secretary of State, Colonial Office.
I am, &c.
(Signed)
ARTHUR OTWAY.
SIR,
No. 74.
Mr. OTWAY to Mr. FFRENCH.
Foreign Office, August. 26, 1869.
WITH reference to my Despatch, No. 34, of the 12th ultimo, upon the subject of Mr. Fergusson's claim to compensation for ill-treatment and damage to his property in Cuba, transmit to you herewith a copy of a letter from the Colonial Office, enclosing further documents relative to this case.
I have consulted the proper law adviser of the Crown upon these documents, and I have now to inform you that Her Majesty's Government are still of opinion that, under the circumstances of the case, they cannot claim of right that Mr. Fergusson should be indemnified by the Spanish Government for the destruction of his property. The property in question had been left by him in the country house of Mr. Vicente Aquilera, a Spanish subject, who was, or was suspected to be, one of the chiefs of the insurgents, and it appears that the troops of the Government in a sally against the insurgents sacked the house of M. Aquilera, possibly with design as regards the destruction of M. Aquilera's property, but not, as far as can be gathered from Mr. Fergusson's protest, with any knowledge that Mr. Fergusson had property stored in the house, or with any intention to injure Mr. Fergusson. As, however, it appears from Mr. Fergusson's protest that he was prevented by the Governor of Manzanilla from proceeding to the plantation of St. Gertrude's some time prior to the sally of the troops, when he intended to give notice to, and terminate his engagement with, M. Aquilera, I have to instruct you to submit to the consideration of the Spanish Government the equity of making some compensation to Mr. Fergusson for his losses, of which it appears that undeniable proof has already found its way into the hands of the authorities themselves at Manzanilla.
R. P. Ffrench, Esq.
I am, &c. (Signed) A. OTWAY.
16278.-904.
95-5/86.
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PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
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