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The questions relating to the safety of the fortress of Gibraltar and the shipping in port are so important and delicate that we think no attempt should at present be made to define exactly the limits within which the Governor may act.
We think it quite right that the Governor should be instructed to enforce the Proclamation of neutrality only within the line marked in the Bay, and up to the three- mile limit elsewhere, but no admission should be made which might hamper the right of the Governor to take action in any part of the Bay which may be essential for preventing injury to the fortress or shipping.
We have, &c.,
The Right Hon. J. Chamberlain, M.P.,
&c., &c.,
&c.,
RICHARD E. WEBSTER. ROBERT B. FINLAY.
20402.
PUBLIC RECORD OFFICE
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C.O.
Reference :-
885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO |
No. 1863.
BRITISH HONDURAS.)
LAW OFFICERS to FOREIGN OFFICE.
Royal Courts of Justice, MY LORD,
August 23, 1898. WE were honoured with your Lordship's commands signified in Sir Thomas Sanderson's letter of the 10th instant, transmitting to us papers relating to questions of navigation in the territorial waters of Mexico and British Honduras, and requesting that we would favour your Lordship with our opinion on the following questions :-
1. Whether the Mexican authorities may lawfully carry through British waters to the west and south of Ambergris Cay, British subjects and British ships seized in Mexican territory or Mexican waters for an alleged breach of Mexican Customs or Revenue law.
2. Whether British subjects and British ships so seized may be detained on board or in the vicinity of the Floating Station for an indefinite time without being taken before some Mexican tribunal for trial or condemnation.
3. How far British vessels proceeding to places on the British side of the Hondo, and without any intention of stopping at any place in Mexican territory, but having of necessity in the course of their voyage to pass through Mexican waters in consequence of the fact that the channel leading to and through the bar of the Hondo river is situated in Mexican waters, are liable to be stopped and searched by Mexican authorities in Mexican waters.
4. How far such vessels are bound to comply with Mexican regulations in respect
of the papers which they should carry.
5. How far every such vessel so provided is liable to be searched in spite of the fact that it is provided with the papers required by the Mexican authorities.
6. In the event of the Mexican Government, with the object of subjugating the Indians, sending transports and ships of war and military stores through the territorial waters of British Honduras, what attitude is to be taken by the Government of the Colony.
7. Are such vessels to be allowed to pass at all through the territorial waters of the Colony.
8. If so, are they to be allowed to pass unquestioned, and as a matter of course,
or should they be forinally called upon to ask permission.
9. In the event of such vessels being allowed to pass through the territorial waters
of the Colony, what steps, if any, should be taken if such vessels have on board Santa Cruz Indians who have been taken prisoners by the Mexican troops.
We have taken the papers into our consideration, and in obedience to your Lordship's commands have the honour to
Report-
1. THAT the Mexican authorities may not lawfully carry through British waters British subjects or ships seized in Mexican territories or waters for breach of Mexican Customs or Revenue law. This can be done, if at all, only by arrangement with the British Government.
The British Government would be entitled to demand and enforce the release of any British subjects or vessels carried through British waters without the consent of Her Majesty's Government.
A difficulty might arise in the case of British subjects carried as prisoners on board of a Mexican Revenue cutter, but this may be met by granting permission to such vessels to pass only on the terms that no attempt is made to carry British subjects on board as
prisoners.
2. Such itdefinite detention would be legitimate ground for diplomatic remonstrance. The Mexicans ought to have a Court capable of dealing with such cases accessible without passing through British territorial waters if they desire to excrcise their right of
seizure.
391-25-9,98 Wt 21618 D&S
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