SIR,
No. 117.
(GIBRALTAR.)
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, November 25, 1876. WITH reference to your letter of the 3rd ultimo and to previous correspondence relative to the case of the "Virgen del Carmen at Gibraltar, I am directed by the Earl of Derby to request that you will inform the Earl of Carnarvon that his Lordship has thought it advisable to consult the Law Officers of the Crown as to the course that should be pursued with regard to sailors belonging to Spanish guarda costas who may be found on board vessels illegally captured by the guarda costas, and recaptured by Her Majesty's Naval Forces.
Lord Derby is advised that in such a case the question becomes one between Her Majesty's Government and that of Spain, as soon as the magistrate before whom the case is brought is satisfied that the offenders are sailors of the Spanish Navy who have acted under the orders of their superior officer, for whose acts the Government of Spain is responsible.
The magistrate conducting the inquiry should always require the attendance of the Spanish Consul or of some other responsible Spanish official. The declaration of this official, that the accused are sailors of the Spanish Navy who have acted under orders, should, in most, if not in all, cases, till there is reason to distrust the good faith of the official or of the Government on whose behalf he may be assumed to act, be accepted, and the accused be released on the assurance of the official that they shall be produced if any further inquiry is necessary or desirable.
In the event of the Consul or other official not choosing to attend, the magistrate need not assume that the accused are sailors of the Spanish Navy, acting under orders, nor need the magistrate in such a case hesitate to send the accused to prison during the inquiry, and tiil such time as may be sufficient to satisfy him that the accused are persons in the service and under the orders of their Government.
A statement to that effect made at any time by the Spanish Consul or other official should be sufficient to procure the release of the accused from confinement.
The security should not, Lord Derby is advised, be a money security in the nature of a bail, but the written assurance of the person acting on the responsibility of the Spanish Government, so that, if the accused are at any time required and not produced, the two Governments may be brought face to face.
Should this written assurance not be given, the magistrate may, Lord Derby is advised, detain the accused, not by way of punishment, but for the purpose and during the time of the inquiry.
I am to request that you will move Lord Carnarvon to cause the opinions above stated to be communicated to the Governor of Gibraltar for his information and guidance.
The Under-Secretary of State,
Colonial Office.
I am, &c., (Signed) JULIAN PAUNCEFOTE.
12916.-116. 25, -12 84,
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-| COPYRIGHT PHOTOGRAPH-NOT TO
·