SU SEDEL
10765/1885.
PUBLIC RECORD OFFICE
Reference :-
TTLETICO.
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
MY LORD,
No. 280A.
(STRAITS SETTLEMENTS.)
LAW OFFICERS to FOREIGN OFFICE.
We are honoured with your Lordship's commands, signified in Sir J. Paunce-
Temple, November 11, 1882. fote's letter of the 28th ultimo, stating that he transmitted two Despatches from Her Majesty's Minister at Madrid relating to the arrest, imprisonment, and liberation of the master of the Spanish steamer Leon XIII." when at Singapore, in March
66
last.
That the facts of the case were clearly stated in Mr.-Morier's note to the Spanish Minister of the 17th June last, a copy of which would be found in his Despatch No. 62, and the reply of the Spanish Government in his Despatch No. 112, together with Mr. Morier's comments thereon. That the draft of an instruction was enclosed, which your Lordship proposed to address to Mr. Morier; and that we were requested to favour your Lordship with our opinion as to whether such instruction was right and proper under the circumstances.
In obedience to your Lordship's commands we have the honour to
Report
That, in our opinion, the instruction is right and proper under the circumstances. But, as there is some plausibility in the view put forward by the Spanish Minister, that if the Court at Singapore had proceeded to inquire into the charges made by the master against the engineers, they would have been assuming jurisdiction in a case in which the jurisdiction really rested with the Spanish Courts, we suggest that it would be well, in answer to the reply of the Spanish Government, again to point out specifi- cally that this view is founded upon a misapprehension.
If the master of the "Leon XIII." had produced the prisoners in obedience to the writ of habeas corpus, and had shown the Court that he was detaining them in custody upon the charge of an offence committed on board his vessel whilst on the high seas, with a view to their being tried by the Spanish authorities at the port to which he was proceeding, the Court at Singapore would no doubt have remitted them to his custody, in order that they might so be dealt with according to law, the only question raised upon the writ of habeas corpus being whether they were lawfully in custody.
We have, &c. (Signed)
HENRY JAMES. FARRER HERSCHELL. J. PARKER DEANE.
• Mr. Morier, No. 62, June 20; No. 112, September 15, 1882.
0 16978.-580.
95.-8/85.
.