15522.
PUBLIC RECORD OFFICE
Reference :-
TTTTTC.O.885
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14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
SIR,
No. 145.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
July 17 1897.
a
WE were honoured with your commands signified in Sir John Bramston's letter of the 12th instant, stating that he was directed to transmit to us for our consideration a copy of a despatch from the Governor of Newfoundland enclosing correspondence respecting the vessel "Stark," stated by the Consul-General for Spain at Montreal to have left Charlottetown, Prince Edward Island, with warlike stores on board for the use of the Cuban insurgents.
Sir John Bramston further stated that you would be obliged if we would advise you, whether, in the circumstances set forth in the letter from the Spanish Consul at St. John's, dated the 5th June, the Governor would have been justified in detaining the "Stark" in the event of her entering a Colonial port.
We have taken the papers into our consideration, and in obedience to your commands have the honour to
Report-
That the circumstances set forth in the letter from the Spanish Consul at St. John's, of the 5th June, would not, in our opinion, have justified the Governor in detaining the "Stark" in the event of her entering a Colonial port.
We assume for the present purpose that the "Stark" was a vessel in the service of a Foreign State at war with a friendly State.
What was done at Charlottetown apparently amounted to an offence under Section 10
of the Foreign Enlistment Act, by increasing the equipment of the vessel. This exposed the persons implicated to punishment, but did not render the vessel liable to forfeiture or detention.
}
The letter of the Spanish Consul does not show any equipment within Section 8 of the Foreign Enlistment Act, but merely an increase of equipment within Section 10, nor does it show the preparation of an expedition within Section 11.
It follows that the vessel could not, on the materials before us, have been properly detained.
We have endeavoured to indicate the principle by which such cases must be governed, but of course the application of this principle must depend on the special circumstances of each case.
The Right Hon. Joseph Chamberlain, M.l'.,
&c.,
&c.,
&c.
We have, &c.,
RICHARD E. WEBSTER.
ROBERT B. FINLAY.
No. 16.
July 12.
14224-25-7 97 W1 20260 DAS 3.