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1576.

PUBLIC RECORD OFFICE

Reference :---

TTIC.O. 8

· 885

10 PUBLIC RECORD OFFICE, LONDON

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

No. 236.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to FOREIGN OFFICE.

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MY LORD,

Lincoln's Inn, February 12, 1864. We are honoured with your Lordship's commands, signified in Mr Hammond's letter of the 30th ultimo, stating that with reference to our report of the 15th ultimo,* he was directed by your Lordship to transmit to us the accompanying further papers received from the Colonial Office, and from Messrs. Hamilton and Co., respecting the seizure of the British bark “Saxon" by the United States ship " Vanderbilt," and Mr. Hammond was to request that we would take this case into consideration and report. to your Lordship our opinion thereupon.

In obedience to your Lordships commands we have taken this case into consideration, and have the honour to

Report

That in addition to the report which we have already had the honour to make upon this subject, we have only to state that we infer from the papers now submitted to us that Angra Pequena (the name seems to indicate that it may have been at one time Portuguese territory) is now a deserted apot, and that the proclamation of Sir G. Grey (12th August 1861) purporting to extend the jurisdiction of the Crown over it was not previously authorised, and has never since been recognised or confirmed by Her Majesty.

If this be so, no violation of British or neutral territory appears to have taken place, and the jurisdiction of the United States Prize Court could not on that account be contested.

It seems, moreover, to have been admitted by one of the owners of the "Saxon " to Sir P. Wodehouse, that the "Saxon" had been actively engaged in taking on board part of a prize cargo landed from the "Tuscaloosa," for the purpose of conveying it to market as the property, and on account, of Captain Semmes of the " Alabama," acting in short almost as a tender to the "Alabama" for that purpose.

If these facts should be established in evidence, a grave question of international law may be raised before the Prize Court, for the solution of which perhaps no exact precedent could be found. Until such question is distinctly raised, we do not desire to express any positive opinion respecting it. But we may observe that an argument to the effect that the "Saxon " had identified herself by such conduct with the enemy's ship for the time at least would seem to us. (at present) to be not without plausibility, and we entirely agree with Sir P, Wodehouse that the case must under these circum- stances be left to the decision of the Prize Court.

With respect to the murder of the mate of the "Saxon," the previous accounts are unhappily confirmed by these papers, and certainly pecuniary compensation to the widow ought to form a part of the redress which the United States Government should be called upon to make for this atrocious act of their officer.

On the subject of the coals taken by the " Vanderbilt" from Penguin Island it does not seem to be necessary to say more than that we fail to see any justification or excuse for the lawless way in which they were appropriated by the captain of that vessel.

We collect from Sir P. Wodehouse's Despatch that the act is, not justified by the United States Consul at the Cape Colony, and that a pecuniary compensation to the owners is likely to be made; but we should, nevertheless, think it proper that some notice should be taken of this subject in the representations which Lord Lyons may be instructed to make to the Government of the United States.

We have, &c. (Signed)

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.

Q 16978,-56, 95.-2/86,

• No. 280.

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