CO885-(10-11) — Page 389

2909.

PUBLIC RECORD OFFICE

TIT

Reference :-

C.O. 885

No. 317.

(BAHAMAS.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, March 18, 1865. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 11th instant, stating that with reference to our report of the 12th January last*, respecting the seizure of the "Mary" late "Alexandra" at Nassau, he was directed by your Lordship to transmit to us, together with the previous papers, a note from Mr. Adams, representing that the United States Government is informed that that vessel, even if condemned and sold under judicial process for a violation of neutrality, may be bought in by the same parties first interested in her, and started again in the guise of a merchantman on her original errand to carry on war against the United States, and Mr. Adams states that he is requested to remonstrate against giving permission to that vessel to depart from Nassau without abundant security that she is not to be used for the hostile purpose indicated.

Mr. Hammond also annexed a letter from the Colonial Office, from which it will be seen that, in consequence of the communication to that Department of a copy of Mr. Adams' note, the Governor of the Bahamas would be instructed by the mail of that evening not to sell the "Mary" until he shall receive further orders from Her Majesty's Government, and Mr. Hammond was accordingly to request that we would take this matter into our consideration and furnish your Lordship with our opinion what those further orders should be.

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

Report

That it is in our opinion competent to Her Majesty's Government to direct, if they should think fit, an indefinite postponement of the sale of the "Mary" in the event of her condemnation, or (if it should be thought more expedient) permanently to retain that vessel for Her Majesty's service unsold.

The only law upon the subject that we are aware of is 16 & 17 Vict. c. 107. s. 228, under which the Commissioners of Customs would (we presume) always act upon such directions as they might receive, in any particular case, from the Lords of Her Majesty's Treasury.

Assuming that it might be desirable eventually to sell this vessel (in the supposed case of her condemnation), we should be disposed to recommend the postponement of any such sale either till the termination of the present war or (at least) until such a period shall have elapsed as to render it no longer probable that it would be the object of any person to purchase her for the war service of the Confederate States.

If, however, there should be any serious objection to this course, we think it ought to be made one of the conditions of any sale at Nassau that the purchaser shall give substantial security against the use of this vessel, either by himself or by any person deriving title from him, in aid of the war service of the Confederate States within such a period of time from the sale as may be thought sufficient.

Such security was, we believe, required, and was given (not indeed by any purchaser, but by the owners to whom the ship was restored) in the case of the "Pampero," seized last year in the Clyde.

The Earl Russell.

We have, &c. (Signed)

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

J

0 16278.-271. 25.-2/86.

• No. 299.

10 PUBLIC RECORD OFFICE, LONDON

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