7327.
PUBLIC RECORD OFFICE
Reference :-
wwwimmfm C.O.
885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
That no action had yet been taken on Mr. Herbert's despatch, nor had the views of Her Majesty's Government on the representations received from Messrs. Young and Higgs yet been communicated to them."
That the circumstances of the case itself were of comparatively trifling importance, and were perhaps not such as would raise much sympathy with the master of the "Admired"; but that the grounds upon which the United States authorities arrived at a decision adverse to that vessel appeared to import a claim on the part of the United States Government to exclusive jurisdiction over the waters within a radius of a marine league from the Fowey Rock.
That a question of principle of grave importance was thus involved, and that the admission of such a claim in the present case might possibly, in the future, be used as a precedent against Her Majesty's Government of rather far-reaching extent.
That Sir Philip Currie was to request that we would take the papers transmitted with his letter into our consideration, and that we would favour your Lordship with our opinion as to whether the exclusive maritime jurisdiction of the United States within a radius of three miles from the Fowey Rock might safely be admitted; or, if not, whether a representation should be inade to the United States Government on behalf of the owners of the "Admired," and, if so, in what terms such representation, having regard to all the circumstances of the case, might most advantageously be couched.
We have taken the matter into our consideration, and in obedience to your Lordship's commands have the honour to
Report
That, in the present state of our information as to the character of the Fowey Rock, and the neighbouring rocks and reefs, we could not advise the admission that the territorial jurisdiction of the United States extends three miles seaward of that rock.
In the present case Her Majesty's Government will not, by declining to press the claim of Messrs. Young and Higgs, make such an admission, as it is clearly stated by Captain Keene that, at the time when the vessel was captured, she was within three miles of the coast-line of the Cay Biscayne, which would bring her clearly within the jurisdiction of the United States.
The matter appears to have been dealt with in due course of law, and we see no reason to believe that the decision of the Collector was wrong.
We, therefore, do not advise the making of any further representation on behalf of the claimants.
We have, &c., (Signed)
LIST OF PAPERS.
RICHARD E. WEBSTER. EDWARD CLARKE.
1. Memorial, Messrs. Young and Higgs, September 10, 1888, and enclosure.
2. Colonial Office, October 6, 1888, and enclosure.
3. To Lord Sackville, No. 239, October 11, 1888.
4. Mr. Herbert, No. 379; December 28, 1888, and enclosure.
5. "Nautical Magazine," April 1878, Vol. xlvii., No. iv.
6. Adiniralty Chart of Coast of Florida, America, Map 77A.
7. Memorandum, Maritime Jurisdiction, Sir E. Hertslet, February 2, 1889.
No. 148.
(AUSTRALIA.)
LAW OFFICERS to TREASURY. (Received in Treasury letter of April 11, 1889.)
CASE.
A question has arisen as to the right of the Peninsular and Oriental Company under the contracts for the conveyance of mails existing between them and the Postmaster. General to require such time tables as will enable them to carry on the Australian Mail Service in correspondence with the India and China mails at Colombo or some other convenient port.
The East India and China mails are conveyed under a contract dated the 18th March 1887, and duly approved by the House of Commons. By this contract the Company undertake to convey the mails between Brindisi and Bombay (via the Suez Canal) once a week in each direction, and between Brindisi and Shanghai (by the same route) once in every two weeks in each direction.
On the Indian voyage the ship is required to call at Aden, and on the China voyage at Aden, Colombo, Penang, Singapore, and Hong Kong (Article 2 and Schedule).
The mails are to be conveyed between Brindisi and Bombay and between Brindisi and Shanghai within a stated number of hours (Articles 9 to 13).
The Company are at liberty to carry the India and China mails in the same vessel between Brindisi and any point of junction of the two services which they may select, the two mail services being so timed as to enable this to be done without prejudice to the stipulated periods of transit (Article 14).
Subject to this provision the actual days and hours of sailing are to be appointed by the Postmaster-General by a time-table or otherwise (Article 17), and the Postmaster- General has power to alter such days and hours from time to time without prejudice to the same provision (Article 19).
The Australian mails are conveyed under a contract dated the 19th January 1888, but not yet approved by the House of Commons. By this contract the Company undertake (Article 2) to convey the mails between Brindisi (via the Suez Canal) and King George's Sound, Adelaide, Melbourne, and Sydney, once in every fortnight in each direction (Article 2).
Vessels conveying mails are to leave Brindisi and Adelaide on such days and hours as the Postmaster-General shall appoint by a time-table or otherwise, but this requirement is made subject to the provisions of the Agreement (Art. 3). A fixed period of transit between Brindisi and Adelaide is stipulated (Art. 5). The voyage must be continued between Adelaide and the ports beyond, but this portion of the voyage is not to he performed within any stipulated time.
The Company are at liberty, at their option, to convey in and by the vessels employed in the conveyance of the Australian mails any India and China mails, and to cause the Australian mail vessels to call at such ports and places as the Company may think fit on their respective outward and homeward voyages between Brindisi and Adelaide in correspondence with the India and China mail service (Art. 7).
This power is not to interfere with the general provisions of the Agreement as to the conveyance of the Australian mails, and particularly with the accomplishment of the voyages within the stipulated period of transit; and the Company must always run' a steam vessel (other than the vessel employed under the Australian agreement) once in every fortnight each way between Suez and Colombo, whether the additional vessel does or does not carry mails.
The Postmaster-General has power, on three calendar months' notice, to alter the days, tines, and hours appointed for the departure and arrival of vessels at Brindisi and Adelaide; but this power is to be exercised subject and without prejudice to the provisions of the clause just quoted relating to the correspondence of the Australian service with the India and China service (Art. 11).
In pursuance of the provisions of these contracts, time-tables were settled by the Postmaster-General in consultation with the Company in December last. By these
A $7014.-17. 25.—4/89.