CO885-(10-11) — Page 255

No. 207.

(BAHAMAS)

།། ་། ། །

PUBLIC RECORD OFFICE

6

19

Reference :-

m

C.O.

885

10

PUBLIC RECORD OFFICE, LONDON

|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

MY LORD,

LAW OFFICERS to FOREIGN OFFICE.

Temple, August 1863. We are honoured with your Lordship's commands, signified in Mr. Layard's letter of the 6th August instant, stating that he was directed to transmit to us the accompanying further papers respecting the case of the "Margaret and Jessie,” viz., a letter from the Colonial Office enclosing a copy of a Despatch with other documents August 4. from the Governor of the Bahamas, and a letter and its enclosures from Mr. W. Wilson, the Commander of the "Margaret and Jessie," in which, on behalf of the owner of that vessel, he prefers a claim against Her Majesty's Government on account of the attack made upon her by a United States cruiser within the maritime jurisdiction of the British Crown, and Mr. Layard was to request that we would take the enclosed papers into consideration, and report to your Lordship our opinion thereupon.

In obedience to your Lordship's commands, we have taken these papers into con- sideration, and have the honour to

Report

That we have already reported to your Lordship our opinion upon the merits of this case as between the Government of the United States and the Government of Great Britain, and we think that adequate (and, if possible, prompt) reparation_ought to be obtained from the Government of the United States in the shape of such a pecuniary payment as will enable Mr. Trenholm to receive, through the instrumentality of Her Majesty's Government, reasonable compensation for the loss sustained by him. But we do not think that Her Majesty's Government can be advised to adopt without much more investigation Mr Trenholm's own estimate of that loss at the enormous sum of 69,1381

The demand which Mr. Wilson makes upon Her Majesty's Government (and which is less distinctly implied in the extraordinary heading of the claim under Mr. Tren- holm's signature) seems to be that Her Majesty's Government should in the mean time, and before recovering any compensation from the Government of the United States, take upon themselves the liability to make good Mr. Trenholm's loss, as if they had committed and not been aggrieved by the act of violence which has been done in this case.

We are of opinion that while Mr. Wilson is informed that Her Majesty's Govern- ment are taking, and will not omit still to take, such steps as they deem to be required for the honour and dignity of Great Britain, and which they trust will result in their obtaining for Mr. Trenholm from the Government of the United States adequate com- pensation, he should also be informed that they peremptorily decline to recognise the principle of the pecuniary responsibility of Her Majesty's Government, for which in his letter he appears to contend.

Mr. Trenholm is under the circumstances entitled to the same protection from Her Majesty's Government which would have been extended to one of Her Majesty's own subjects, or to the subject of any neutral power.

He cannot be entitled to more.

The Earl Russell,

&c,

&c.

We have, &o. (Signed)

WM. ATHERTON. ROUNDELL PALMER. ROBERT PHILLIMORE.

2

the capture was hovering off the Spanish coast, I see no reason why the same course should not be pursued in the present case; but if this question be still open, I adhere to the opinion which I have had the honour to express.

I have, &c.

(Signed) ROBERT PHILLIMORE. To the Right Hon. the Earl Russell, K.G. &c.

&c.

&c.

8692.

PUBLIC RECORD OFFICE❘ Reference -

COPYRIGHT PHOTOGRAPH-NOT TO

0 16270.-161.

95.-9/06,

}