12358,
No. 672.
(ВАНАМАН,)
DIE,
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, November 21, 1870.
WITH reference to your letter of the 23rd of September last, I am directed by Earl Granville to transmit to you, for the information of the Earl of Kimberley, a copy
of a Despatch which his Lordship, after consulting the proper Law Adviser of the
Crown, has addressed to Mr. Dunlop on the subject of the seizure of the British ship
16
John Gray" by the Spanish vessel of war "Criollo."
The Under Secretary of State,
Colonial Office,
I am, &c. (Signed) E. HAMMOND,
PUBLIC RECORD OFFICE
6
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
SIB,
Earl GRANVILLE to Mr. DUNLOP.
Foreign Office, November 21, 1870. WITH reference to your Despatch No. 52 of the 3rd ultimo, and to previous correspondence, relating to the seizure of the British schooner " John Gray" by the Spanish gunboat "Criollo," I have to acquaint you that I have considered the case, in communication with the proper Law Adviser of the Crown, and that I am of opinion that Messrs. Williams, of Inagua, the asserted owners of the "John Gray," have not, at present, made out a case which would warrant Her Majesty's Government in supporting a claim on their part against the Spanish Government for compensation on account of the detention of their vessel by the Spanish gunboat. It appears, from the report of the Commander of the gunboat, that the “John Gray" endeavoured to avoid his visit, and that she had no national flag on board nor any papers to prove her nationality.
Under these circumstances, considering the disturbed state of the Island and the locality in which the "John Gray" was found, it seems evident that there was probable cause for the Commander of the gunboat taking her into port for inquiry.
your
From Mesara. Williams' letter of the 2nd of August last, which is enclosed in Despatch No. 52 of the 3rd ultimo, it does not appear that after purchasing this vessel those gentlemen had taken the proper precaution of having her registered before they sent her on her fishing excursion, and, as far as is shown by the evidence in this case, I do not consider that a mere license to fish, granted by the authorities of Inagua can be regarded as a proper substitute for a British certificate of registry.
The case of the crew, on the other hand, divides itself into two parts. Their detention was in consequence of the "John Gray" having been sent to sea without a national flag and without proper ship papers, and they are not entitled, in my opinion, to any compensation from the Spanish Government on that account, but, on the other ground of undue severity in the treatment to which they were exposed, they have prima facie cause of complaint. I have accordingly to instruct you to ask for some explanation from the proper Cuban authorities as to the circumstances under which it was thought necessary by the port authorities at Baserios to march the crew bound with cords through the streets and to consign them to prisen as common malefactors, the Commander of the guuboat having alleged no misconduct on their part.
I am, &c. (Signed) GRANVILLE, A. G. Dunlop, Esq.
&c.
P
O 16278.-016.
25.- 5/26,
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