7253.
PUBLIC RECORD OFFICE
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חון
C.O.
Reference :-
885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 146.
(NEWFOUNDLAND.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
We were honoured with your Lordship's commands signified in Sir J.
Royal Courts of Justice, March 29, 1889. Pauncefote's letter of the 27th ultimo, stating that he was directed by your Lordship to transmit to us papers with reference to the alleged pillage by British fishermen of the French brig "Belem," which was wrecked off the coast of Labrador in July
1887.
That the history of the case would be found fully set out in the accompanying précis, which had been prepared in the Foreign Office, but that a print of the actual correspondence which had passed upon the subject between the various Departments and Governments concerned was also annexed, in case we should desire to refer more particularly thereto.
That it would be seen that great discrepancies existed between the facts of the case as furnished to Her Majesty's Government by the French Authorities (Monsieur Jusserand, of 16th April 1888) and those adduced in evidence (1) before the Court of Inquiry instituted by the district magistrate at Harbour Grace, and (2) before the British Naval Court, which subsequently held an exhaustive investigation into the
matter.
That the Secretary of State for the Colonies, after a full consideration of the case, had been unable to find any ground upon which the Government of Newfoundland could properly be held liable to compensate the sufferers.
But that before deciding what answer should be returned to the French Government in the event of their pressing the claim for compensation put forward on behalf of the Master of the "Belem," your Lordship would be glad to be also favoured with our opinion on that point.
That copies of two memoranda by Sir Edward Hertslet, dated respectively February 8th, 1877, and April 14th, 1888, were also enclosed.
That the first of those memoranda dealt generally with various cases of outrages on foreigners in British Dominions and on British subjects abroad, while the second dealt particularly with the case of the British Vessel "Prince of Wales," which was wrecked on the coast of Brazil in 1861.
That on pp. 3 and 4 of the general memorandum of February 8th, 1877, would be found a short account of the case of the Austrian vessel "Sollicito Bocchese," which was wrecked off the coast, of Galway in February 1850, and plundered by the inhabitants of Baffin Island.
That Sir Julian Pauncefote was therefore to request that we would take the papers transmitted with his letter into our consideration, and that we would be good enough to furnish your Lordship with our opinion as to whether, having regard to all the circumstances attendant upon the wreck of the Newfoundland could properly be called upon to compensate the sufferers thereby, and, "Belem," the Government of if so, upon what grounds.
That Sir J. Pauncefote was to add that your Lordship would be glad to be furnished at the same time with any general observations which we might have to offer on the
case.
We have taken the matter into our consideration, and in obedience to your Lordship's commands have the honour to
Report
That, in our opinion, there is no evidence that the pillage complained of was caused by the neglect or default of persons in judicial or executive employment, while there is evidence that it was mainly caused by the improper conduct of the captain, and that there is, therefore, no reason to admit the claim for compensation made by the French Government.
The Marquis of Salisbury, K.G.,
&c.
&c. &c.
We have, &c.,
(Signed)
RICHARD E. WEBSTER. EDWARD CLARKE.
▲ 57014.-16. 25.-6/19.