PUBLIC RECORD
OFFICE
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
That Sir Philip Currie was to request that we would take the papers transmitted with his letter into our consideration in connection with the arguments advanced în M. Jusserand's above-mentioned note, and that we would favour your Lordship with our opinion as to (1) whether there had been any violation of commonly received maritime usage in respect of the exercise of the right of search by the Newfoundland authorities; and (2) whether it was incumbent upon Her Majesty's Government as matter of right, or desirable as an act of grace, to comply with the reiterated request of the Government of the French Republic that compensation should be made to the owners of the "Virginie "and" Amazone" in respect of any damage they might have sustained through the illegal detention of their vessels.
That your Lordship would, at the same time, be glad to be favoured with any general observations which we might be good enough to offer upon the terms of M. Jusserand's note and the present aspect of the case.
That the previous correspondence which was transmitted to us in June last was returned for convenience of reference.
We have taken the matter into our consideration, and in obedience to your Lordship's ..commands have the honour to
Report
1. That, in our opinion, there is not, independently of the provisions of Municipa. Law, any right of search in time of peace even by vessels having a national character.
That right, however, may be conferred by such Municipal Law upon any persons acting in the public service, and may be exercised from vessels whether national or commercial.
It has been decided by a competent Tribunal that the Bait Act of 1887 did authorize such search, and it therefore appears that there was not, under the circumstances, any violation of commonly received maritime usage.
2. We are of opinion that an erroneous decision by a Court of First Instance afterwards set aside upon appeal according to the course of law, does not found any claim to be made as of right against the country whose Tribunal has committed the
error.
But in this case we think the detention of the vessels from the 17th July to the 22nd August having been unlawful, Her Majesty's Government might, while making no admission upon the questions of international law raised by M. Jusserand's despatch, comply with the request of the French Republic that compensation should be made to the owners of these vessels for damages shown to have been occasioned by such detention.
We have, &c., (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
List of further Papers sent to the Law Officers, February 19, 1890.
1. M. Waddington
July 15, 1889.
4. Colonial Office
2. Law Officers Report
3. To M. Waddington
5. To Colonial Office
6. M. Jusserand
7. To Colonial Office
July 19,
39
July July 31, October 8, October 20,
23,
"
"
21
39
October 24.
"
8. To Home Office
9. To the Earl of Lytton (No. 464. Confidential)
November 19, November 19,
10. The Earl of Lytton
11. Home Office
12. Colonial Office
13. To Colonial Office
(No. 525.
Confidential) November 27,
December 9,
December 11,
December 20,
January 31, 1890.
May
6, 1882.
14. Colonial Office
15. Convention signed at the Hague
10,284.
No. 177A.
(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
We were honoured with your Lordship's commands, signified in Sir Thomas
Royal Courts of Justice, May 2, 1990. Sanderson's letter of the 22nd ultimo, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list, relative to the case of a British schooner named the "Araunah," belonging to the port of Victoria, British Columbia, which
was seized in July 1888 by the Russian merchant steamer "Alexander II.," and was subsequently confiscated by M, Grebnitzky, the Superintendent of the Commander Islands, for being unlawfully engaged in seal-bunting in the vicinity of Copper Island, a possession of the Russian Empire in the Behring's Sea.
That the circumstances under which the seizure was said to have taken place would be found set out in letters addressed to the Canadian Government by Messrs. Hall and Goepel, the owners of the 1888, and by the master of that ship in a letter to Mr. Dering, Her Majesty's Chargé Araunah," dated the 21st September and the 26th October d'Affaires at St. Petersburgh, dated the 27th August 1888,
44
That on the 30th November 1888, Sir Robert Morier furnished your Lordship with a further report upon the case, and at the same time asked for instructions withi regard to certain doubtful points, before making formal representation on the subject to the Russian Government.
That on the 30th November 1888, his Excellency wrote to Messrs Hall and Goepel. asking for information on certain points which he considered required further explanation.
That in reply to inquiries made by the Russian Government for information as to the proceedings of the Russian Authorities with regard to the " Sir R. Morier's, No. 443, of the 30th December 1888), a note was received from
Araunah M. de Giers, which appeared to Sir R. Morier to raise various questions of inter- (from national law (see Sir R. Morier's, No. 264).
That his Excellency was thereupon informed that before Her Majesty's Government could form any decided opinion as to their future action in the case, they would require to be furnished with fuller information on certain points which were indicated to him (to Sir R. Morier, No. 281, 3rd October 1889).
That M. de Giere' answer upon those points formed an enclosure in Sir R. Morier's despatch, No. 79. of the 19th October 1889.
That the whole of the correspondence had been referred to Her Majesty's Secretary of State for the Colonies, who, in a letter dated the 17th April 1890, pointed out that if the “ Araunah" at the time of her seizure was engaged in committing an offence against the local laws, within the local jurisdiction, there would seem to be nothing to show that the confiscation was not carried out with all the formalities required by the tribunal by which she was condemned, viz., that of the Intendant of the Commander Islands acting under the supervision of the Government of the Russian province of Amour.
That in connexion with the subject, Sir Thomas Sanderson was to invite our attention to our reports, dated the 19th July last and 2nd ultimo, on the cases of the French fishing schooners "Virginie" and territorial waters of Newfoundland by the Customs Commissioners of that Colony, and Amazone " which were boarded within the by them conveyed to the port of Placentia, where their respective masters were charged before the Resident Magistrate with a violation of the Colonial Bait Acts.
That Sir Thomas Sanderson was also particularly to call our attention to the three reports of the solicitor to Her Majesty's Customs, which were submitted to us in connexion with the cases of those vessels, and which dealt with the practice of this country in regard to the exercise of the right of search in territorial waters.
That Sir Thomas Sanderson was to request that we would take the papers transmitted with his letter into our consideration, and that we would, at our earliest convenience, favour your Lordship with our opinion-
1. Whether, in view of the reports of the solicitor to the Board of Customs of the 12th and 14th November 1888,† and of his further memorandum.‡ inclosed with the
* No. 177.
A 6197.-14. 95. - 6/90.
† Nos. 163 and 164.
↑ No. 1684