CO885-(10-11) — Page 306

5157.

No. 252.

(ANTIGUA.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, June 1, 1864. MY LORD,

We are honoured with your Lordship's commands signified in Mr. Hammond's letter of this day's date, stating that he was directed by your Lordship to transmit to

1864.

us therewith a letter from the Board of Admiralty, enclosing a Despatch from Vice Admiralty, Admiral Sir James Hope, reporting certain directions which he has given in regard to May 28, the Confederate steamer "Florida," and also a letter from the Colonial Office on the Colonial

Office, May same subject.

Mr. Hammond was also pleased to state that Mr. Secretary Cardwell would much 28, 1864. wish to be enabled to send instructions to the Colonial Governor, by the mail which is made up to-day for the West Indies, and that he was accordingly to request that we would take the matter into consideration, and, if possible in the course of the day, report to your Lordship our opinion as to any communication which should be made by your Lordship either to the Board of Admiralty or to the Colonial Office in regard to the course adopted by Sir James Hope.

In obedience to your Lordship's commands, we have taken this matter into our imme- diate consideration, and have the honour to

Report

PUBLIC

RECORD OFFICE

C.O.

Reference :--

885

PUBLIC RECORD OFFICE, LONDON:

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

A neutral is not

That although the propositions of law relied upon by Admiral Hope in his confiden- are perfectly accurate, and tial communication to the Commander of the "Florida though it would be necessary for Her Majesty's Government to treat as unlawful the destruction of any British vessel by a Confederate cruiser, in the circumstances supposed by him (if such a case were to occur), we are nevertheless of opinion that the Admiral has fallen into error, both in requiring any engagement from the Confederate Captain on this subject, and also in proposing to cause the exclusion of the "Florida ” from British Colonial ports, if such an engagement is declined. entitled to assume a priori that a belligerent will act contrary to International law, and still less to require security in the shape of an engagement against such a con- tingency. The circumstances as to the "Martaban" do not appear to us sufficient to introduce any exception, in the present case, to the general rule. Again, if there were any conduct of the Confederate Captain which might require an exceptional course of action on the part of Her Majesty's Government, we conceive that it would not be within the province of the Admiral on the station, or of any Colonial Governor to We therefore determine in what manner that conduct ought to be resented or met. think that it would have been a grave error if, in the event of the actual destruction at sea by a Confederate cruiser of a merchant ship bearing British colours or papers, the Admiral had (as he seems to have contemplated doing) treated the capturing vessel as an enemy and taken her, with a view to condemnation, into a British port. It would be for the British and the Confederate Governments, in such a case, to discuss between them the question, and to decide, first, whether the ship destroyed was under the actual circumstances entitled to British protection (false colours and papers being not unfrequently assumed), and secondly, what the nature and amount of the proper reparation ought to be.

The Earl Russell, K.G.

We have, &c.

(Signed)

ROUNDELL PALMER. R. P. COLLIER.

R. J. PHILLIMORE

0 16978.--104 20.-2/86.