CO885-(10-11) — Page 310

6263.

MY LORD,

No. 256.

(BAHAMAS)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, June 29, 1864. We are honoured with your Lordship's commands signified in Mr. Hammond's letter of the 16th instant, stating that with reference to our report of the 22nd of March respecting the case of the Bahamas wrecking schooner “ Dart," he was directed by your Lordship to transmit to us, together with the papers already referred to us, the correspondence as marked in the margin which has since taken place on the subject, and Mr. Hammond was to request that we would take these papers into consideration, and furnish your Lordship with 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 think the facts to which the law is to be applied may be fairly taken to be these:-

The "Dart," a neutral vessel, is duly summoned by the belligerent on the high seas to lie to, and to submit to lawful visitation and search. The "Dart" refuses to obey the lawful summons, takes refuge in flight and reaches neutral waters, throwing over- board, in order to secure her flight, portions of her cargo, a great part of which is picked up by the belligerent while floating on the high seas. We think, too, we may discard from our consideration, after reading Captain Baldwin's letter, the charges brought against him of ill treatment of British salvors who came out for the purpose of securing for themselves portions of the floating cargo. Upon this state of facts we are of opinion that Her Majesty's Government ought not to interfere in any way on behalf of the owners of the bales of cotton so thrown overboard.

Having regard to the principles of and authorities upon international law it may be questioned whether the "Dart" by her unlawful disregard of the obligations of the neutral to submit on the high seas to the right of visitation and search incident to a belligerent did not place herself pro hac vice in the condition of an enemy, and whether prima facie, the character of enemy's property did not attach to the portions of the cargo picked up by the belligerent, in which case Captain Baldwin would not have exceeded the limits of his belligerent rights in possessing himself of these portions of the cargo so thrown overboard on the high seas.

If, however, the owner of the portions of the cargo so seized considers himself to be aggrieved legal redress is open to him; he may apply for a monition in the proper American court against the seizer, and demand restitution of his property.

The Earl Russell, K.G.,

We have, &c.

(Signed)

ROUNDELL PALMER. R. P. COLLIER.

&o. &c. &o.

16278.-920. 95.-9/86.

R. PHILLIMORE.

PUBLIC RECORD OFFICE

Reference :-

C.O. 88510 PUBLIC RECORD OFFICE, LONDON

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

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