PUBLIC
RECORD OFFICE
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Reference :-
C.O.88
16 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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recovered by its owners. A claim of Mr. P. G. McKinnon, in respect of some minting machinery, has been presented to the Russian Government, but has been returned within the last few days with an intimation that he should present a petition "to the competent Prize Court (see Sir C. Hardinge's No. 107, Treaty, August 21, 1905). The owners of the vessel have formulated a claim for detention amounting to £24,421 15s. 6d. with interest at the rate of 4 per cent. per annum until payment. It has been examined, and Sir Charles Hardinge was about to be instructed to present it to the Russian Government. In consequence, however, of the views set out in his despatch No. 106, Treaty, of the 12th August (see "Oldhamia" case) action has for the moment been suspended.
It will be observed that Sir Charles Hardinge expresses the opinion that if he does present the claim, the Russian Government will be certain to reply that it must be pursued in a Prize Court. On the other hand, the same considerations are present in this case as in that of the "Allanton," that is to say, the Vladivostock Prize Court is not available, and the Russian Government have not designated any other Court as the one in which such claims should be brought, and as the Supreme Court have held the seizure to be justifiable, there is little hope of a Port Prize Court entertaining the claim.
The judgment of the Vladivostock Prize Court as well as that of the Supreme Court, a Memorandum on the early history of the case of the "Calchas," to which is attached certain public statements by His Majesty's Ministers, and the more recent papers, including the claim on behalf of Mr. Mackinnon, will be found in packet (D).
The “Cilurnum.”
This vessel, the property of a Newcastle ship-owner, was proceeding from Shanghae to Kobé in June last with a cargo of beans, cotton, and antimony. She was stopped by the Russian cruiser Rion" (formerly the Volunteer fleet ship Smolensk ") on the 3rd June, 1905, and the captain of the latter vessel threw overboard, for the purposes of destruction, such cargo on board the “Cilurnum,” as be considered to be contraband, viz., 130 bales of cotton.
The papers are annexed (packet E), and especial attention is drawn to Sir C. Hardinge's despatch No. 100 of the 6th August and the Minutes thereon. It will be noticed that by sending the papers to the President of the Libau Prize Court, the Russian Government must hold a primâ facie opinion that the Port Prize Court at that place is competent to deal with it.
The "Hipsang."
This case has already been before you on a previous occasion. The vessel was the property of the Indo-China Steam Navigation Company, and was shelled, torpedoed, and sunk by the Russian destroyer No. 7 on the 16th July, 1904.
His Majesty's Government instructed Sir. C. Hardinge on the 16th August, 1904, to call the attention of the Russian Government to a statement of the circum- stances attending the sinking of the vessel, which had been furnished by the Indo- China Steam Navigation Company, and to inform them that, in the event of the telegraphic account being confirmed, His Majesty's Government could only regard her destruction as an act which was wholly unwarranted by the circumstances, and would submit such claims as might seem proper in due course. A claim for £47,679 was accordingly presented to the Russian Government on the 12th March, 1905, and was referred by the latter to a Special Commission.
The Russian Commission decided that the case was one for a Prize Court (Vladivostock), and returned all the papers to His Majesty's Ambassador on the 31st May, 1905. His Majesty's Government contended that it was not a case for a Prize Court there being no charge whatever against the vessel-and proposed to send back all the papers to the Russian Government and request the settlement of the claim. The Law Officers were consulted, and concurred, and a despatch was sent to Sir C. Hardinge on the 11th July, who has since again presented the claim with an expression of the views of His Majesty's Government. The last note which Sir C. Hardinge addressed to the Russian Government will be found in His Excellency's despatch No. 86, Treaty, of the 16th July. The Russian Government, as will be seen from Sir C. Hardinge's telegram of the 10th August and from his despatch No. 104 of the same date, are in no wise convinced by the arguments advanced by His Majesty's Government, and maintain that the matter must be brought before a Prize
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Court. The papers referred to above are inclosed (packet F). Sir C. Hardinge has throughout held the view that this case, unlike others, was entirely one for settle- ment between the two Governments.
The "Oldhamia."
The managing owners of this vessel are Messrs. Sivewright, Bacon and Co., of Manchester. The vessel was bound from New York to Hong Kong with a cargo of case oil, shipped by the Standard Oil Company of America. The cargo was, how- ever, destined for Japanese ports, at which it was to be discharged en route.
The vessel was seized by the Russian cruiser "Oleg" on the 18th May; all the officers and the whole of the crew were transferred to Russian ships, and a prize crew took entire possession of the vessel, which was ordered to Vladivostock, escorted by the converted cruisers "Kuban" and "Terek."
The captain and three men were captured by the Japanese on board the Russian hospital ship "Orel and released, and the remaining twenty-nine were subse- quently landed at Swatow by a coasting steamer to which they had been transferred.
Nothing was heard as to the fate of the vessel until the 20th July, when informa- tion was received from His Majesty's Minister at Tokio that she had been wrecked off Iterup Island (Kurile Islands) and burnt by the prize crew.
On the 29th July Sir C. Hardinge forwarded a communication from the Russian Government, giving particulars of the transfer of the officers and crew of the "Oldhamia" after her seizure. The communication added that the vessel's papers were on board the Russian cruiser "Oleg," at present interned at Manila.
Lord Lansdowne was advised that the facts contained in the master's statement (see inclosure in Sir C. MacDonald's No. 33, Treaty, June 10, 1905) showed an intention on the part of the Russians to appropriate the vessel immediately and not to take her into port for the purposes of adjudication, and that therefore the claim of the owners could he dealt with diplomatically.
Sir C. Hardinge has reported that arrangements are being made for the claim of the American owners of the oargo to be dealt with in a Prize Court, and he has urged upon the Secretary of State the advisability of making the owners of the vessel put forward their claim in the same way and of declining to present the claim diplomatically until efforts have been made to secure adequate compensation through the Prize Court.
These views were set out in a semi-official letter to the head of the Treaty Department in this Office, and were submitted unofficially to the Solicitor-General, who was disposed to agree with Sir Charles Hardinge.
A further despatch has now been received (No. 106, Treaty, of the 12th August), in which the view is again most strongly pressed that His Majesty's Government would not be well-advised to deal with this case at present through the diplomatic channel.
The papers above referred to are inclosed in packet (G).
The "St. Kilda and the "Ikhona."
The "St. Kilda," the property of Messrs. Rankin, Gilmour, and Co., was bound, from Hong Kong to Japanese ports with a cargo of sugar, rice (38.000 bags), rape cake, copra, cotton, and other general merchandize; she was sunk by the " Dnieper (late "Petersbourg ") in the China Sea about the 5th June, 1905. The Chinese crew and mails were transferred to the Dutch steamer "Flores" and landed at Singapore. The European officers and engineers were detained on board the "Dneiper" until her arrival at Port Said, when they were handed over to the Senior British Naval Officer.
The claim of the owners of the vessel has been received and amounts to £36,950, and those on behalf of the charterers, the native crew, and the shippers amount to about £23,000.
Messrs. Parker, Garrett, and Co. have notified that the claim in respect of the cargo is being prepared, and they were told on the 25th July that it will be supported by His Majesty's Government.
It was proposed to send in the owners' claim at once without waiting for those in respect of the cargo, which would have formed the subject of a further claim.
From later information received from Hong Kong and Singapore, through the
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