3043.
PUBLIC RECORD OFFICE
Reference :-
MY LORD,
No. 2.
(JAMAICA.)
LAW OFFICERS to FOREIGN OFFICE.
We are honoured with your Lordship's commands signified in Lord Tenterden's
Temple, 7th January 1874. letter of the 31st December ult., stating that he was directed by your Lordship to transmit to us the accompanying letter from the Colonial Office and its enclosures, 22 Dec. 1873. retailing the circumstances under which certain arms and ammunition found on board a vessel called the "Village Bride," were seized and detained by the authorities of Jamaica. He also stated that before replying to the above letter, your Lordship would be glad to have our opinion upon this case in connexion with that of the Virginius," to which we should see that it in some way relates, M. de Cordova, the person interested in the "Village Bride," having been also the consignee of the
Virginius."
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In obedience to your Lordship's commands we have taken this matter into our consideration, and have the honour to
Report
That we have not before us either the local laws relating to the importation of arms at Jamaica or the Proclamation forbidding the exportation of arms without license from the Governor, but we assume that it is a proclamation against the export of arms generally.
We think it right to point out to your Lordship that the difficulty which has arisen in this case occurs through the existence of a proclamation forbidding the export of arms from a British possession, a policy_contrary to that which is now firmly esta- blished with the express approval of the House of Commons in relation to the United Kingdom, and it may be for your Lordship to consider whether there are any excep- tional circumstances in connexion with Jamaica, or our relations with Spain, which render it advisable to depart from that policy by allowing the Proclamation to continue in force.
But assuming such a proclamation to be in force in Jamaica, we are of opinion that the Spanish Government would have a right to regard a special licence given by the Governor for the exportation of arms by a person whose conduct has been such as that of M. De Cordova as a most unfriendly act.
The history both of the "Virginius" and the "Village Bride," and his connexion with these vessels, show distinctly that such an exportation, whatever colour may be put on the transaction, could have no other destination than that of Cuba.
In our opinion, the nature of the transaction cannot be in the least degree altered by giving a license for the exportation on some other vessel for a port ostensibly innocent, while there exist reasonable and almost incontestible grounds for suspecting that the ultimate destination is Cuba.
To allow the exportation of these arms in some other vessel to some port in Hayti, or elsewhere, when there can be no doubt that they are exported there to be tran- shipped for Cuba, is a merely colourable evasion, and would practically be the same thing as to give a license for their direct exportation to Cuba.
There appears to us to be only two courses proper to be taken.
(1st.) To withdraw the Proclamation altogether, and then the traffic in arms in Jamaica would, as it is in Great Britain, be an innocent traffic, in respect of which the Government would accept no responsibility.
(2nd.) Whilst the Proclamation remains in force, we are of opinion that no license
should be given to M. de Cordova, upon any condition, to export the arms. The Earl Granville, K.G.
We have, &c.,
(Signed)
HENRY JAMES. W. V. HARCOURT. J. P. DEANE.
▲ 12916.-4. 25.-12/84
CO.
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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12 PUBLIC RECORD OFFICE, LONDON