CO885-(10-11) — Page 352

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11485.

No. 286.

(BARBADOS.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, December 6, 1864. MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 29th ultimo, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office and its enclosures, consisting of three Despatches from the Governor-in-Chief of the Windward Islands, and a letter addressed to your Lordship by Mr. Roach, a resident of Barbados, in which he claims the interposition of Her Majesty's Government in procuring compensation for the loss he has sustained by his vessel, the brigantine" Madeira," being run down by the United States steamer "Clyde" in October 1863.

Mr. Hammond was therefore to request that we would take Mr. Roach's application into our consideration, and favour your Lordship with our opinion thereupon.

In obedience to your Lordship's commands, we have taken these papers into our consideration, and have the honour to

Report

That according to the statements of the master and mate it would appear that the United States steamer "Clyde" was, according to the rules of the sea, solely to blame for this collision, but in all probability the "Clyde" has a different story to tell, and the matter is one which can only properly be decided by a judicial investigation. The proper course for Mr. Roach to pursue would be to proceed against the "Clyde" in a court in the United States which exercises Admiralty jurisdiction. If, indeed, the United States Government were to refuse to allow process of court to issue at the suit of a private individual against a ship belonging to the State, there might be some grounds for the interference of Her Majesty's Government on behalf of Mr. Roach, but at present we are of opinion that Mr. Roach should be apprised that he must endeavour to obtain legal redress in the manner which we have the honour to point out to your Lordship.

We have, &c.

The Earl Russell.

(Signed)

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

16378.-208. 25.-2,86

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

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