C.C.D
PUBLIC RECORD OFFICE
། ག །ག। ; ·།
C.O.
Reference :-
• 885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
through British waters in the custody of foreign cruisers, whether the original capture by such cruisers were rightful or not.
The conveyance of these captured British vessels, by the United States officials or cruisers, through British waters would undoubtedly constitute a violation of the sovereignty of Great Britain, and would justify a demand for the subsequent restoration of the vessels. Whether their capture was, in the first instance, rightful or not, is quite immaterial.
We concur in the opinion of the Law Officers, dated 2nd October 1876, and 2nd June 1877*, to which your Lordship has been good enough to call our attention.
We think it right to add, that it is of course a grave question of policy whether the legal right should be asserted in this case.
The Marquis of Salisbury, K.G.,
&c,
&c.
•
&c.
• Nos.
We have, &c.,
(Signed)
RICHARD E. WEBSTER,
EDWARD. CLARKE.
15159
No. 124A.
GIBRALTAR.
LAW OFFICERS to COLONIAL OFFICE.
[Petition of Right of P. Orfila.]
Royal Courts of Justice, MY LORD,
We were honoured with your Lordship's commands, signified in Mr. Wing-
July 27, 1888. field's letter of the 23rd instant, stating that he was directed by your Lordship to lay before us the enclosed l'etition of Right which had been transmitted by the Governor of Gibraltar with a copy of the Governor's despatch and a report thereon by the Attorney-General of Gibraltar.
That Mr. Wingfield was also to enclose a copy of a letter from the War Office, to whom the petition was referred for observations, and of a minute by the Treasury Solicitor, with the plan referred to in the War Office letter, and the printed docu- ments annexed to the minute.
That Mr. Wingfield was also to forward a copy of "The Sanitary Order in Council Gibraltar, 1883," and to call our attention to Clauses 2, 34, and 160 to 174 relating to the public highways in Gibraltar.
That Mr. Wingfield was to request that we would be pleased to inform your Lordship what advice should, in our opinion, be given to Her Majesty upon the petition.
We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to
Report--
That it is clear that your Lordship cannot legally advise Her Majesty to grant her fiat, the claim being for damages for a wrong. Nor does it appear that any nactment exists in Gibraltar for the trial of a Petition of Right there.
}
If
The suggestions of the Counsel, Law Officer, and Judge are misconceived. a Petition of Right were presented the Sanitary Commissioners could not be joined, unless by virtue of some local enactment.
If the Governor thinks that the plaintiffs have a case, the proper course is for him to obtain a report from some impartial person, and to submit it with his observa- tions to the authorities here, with a view to compensation being voluntarily given.
We have, &c.,
RICHARD WEBSTER. EDWARD CLARKE,
The Right Honourable
1.
Lord Knutsford,
&c.,
&c.,
&c.
A
25 Wt 1649 606 D&S 5
LA
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