4493.
MY LORD,
No. 15.
(Jamaica.)
LAW OFFICERS to FOREIGN OFFICE.
Temple, 18th April 1874. We are honoured with your Lordship's commands, signified in Lord Tenterden's letter of the 9th ultimo, stating that with reference to a report which was received in December last from our predecessors in regard to the proceedings of the authorities at Jamaica with regard to the steamer " Virginius," he was directed by the Earl of Derby to transmit to us the accompanying letter from the Colonial Office, forwarding a report from the Governor of Jamaica upon the subject.
That Lord Tenterden was also to transmit to us the accompanying printed corre- spondence in the matter, which, for our convenience, had been marked with reference to the papers alluded to by the Governor in his report, together with certain papers connected with the case of the "Edgar Stewart," a vessel to which he also referred.
That he was to request that we would take those papers into our consideration, and favour your Lordship with our opinion as to whether the proceedings of the Governor of Jamaica, as regards the "Virginius," should be approved.
In obedience to your Lordship's commands, we have the honour to
Report
That the Governor of Jamaica was placed in a position of very considerable difficulty, for whilst, on the one hand, the circumstances which were brought to his notice were such as to give rise to very grave suspicions that an offence against the Foreign Enlistment Act was about to be committed, it is, on the other hand, difficult, if not impossible, to point out in what respect such an offence was committed as would have justified the detention of the “ Virginius"; and, as far as the materials before us enable us to judge, we are of opinion that if the ship had been arrested a conviction could not have been obtained.
Under all the circumstances of the case, we advise your Lordship that the approval of his conduct in relation to the "Virginius" should not be withheld.
The Earl of Derby,
&c.
&c.
(Signed)
We have, &c.,
JOHN KARSLAKE. R. BAGGALLAY.
J. PARKER DEANE.
▲ 1991616. 95,-19/84.
PUBLIC RECORD
OFFICE
CO. 885
Reference :-
12 PUBLIC RECORD_OFFICE, LONDON
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