CO885-(10-11) — Page 40

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PUBLIC RECORD OFFICE

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TPEPEC.O.

885

10

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PUBLIC RECORD OFFICE, LONDON

MY LORD,

No. 21.

(BRITISH GUIANA.)

QUEEN'S ADVOCATE to FOREIGN OFFICE.

Doctors' Commons, June 1, 1860. I AM honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 15th May ultimo, stating that he was directed to transmit to me the accompanying papers upon the subject of the wish expressed by the French Govern- ment, through the French Ambassador at this Court, that some arrangement should be made between the two Governments with reference to the disposal of the boats in which French prisoners at Cayenne escape to British territory, and to request that I would take these papers into consideration, and report to your Lordship my opinion as to the manner in which it would be advisable for Her Majesty's Government to deal with this question.

In obedience to your Lordship's commands, I have taken these papers into con- sideration, and have the honcur to

Report

That the best manner in which Her Majesty's Government can deal with this question will be, in my opinion, to instruct the Governor of British Guiana to use his best exertions to acquire possession of any boats which may be brought into that Colony by persons escaping from Cayenne, paying (if necessary) any trivial sum of money for that purpose, and to restore such boats to the French colonial authorities in each instance in which he may be able to acquire such possession thereof.

There appear to me to be considerable difficulties in the way of any international convention on the subject; very few instances of the carrying off of boats appear to have occurred, and any convention to provide for such cases would be uni-lateral, inasmuch as it does not appear that any boats are off from British Guiana to Cayenne. I know of no precedent for any such convention, and it could only be carried out by a colonial law which would not be free from legal difficulties owing to the various circumstances under which such boats may be carried off, and the different claims which would be made to them.

Count Persigny may be informed that Her Majesty's Government is anxious to afford every facility, as far as lies in its power, to the restoration of these boats; and that it is happy to observe that only one case appears to have occurred in which the Governor has been unable to comply with the request of the French authorities. That in another case (being apparently the case alluded to by M. de Persigny) the Governor acquired the boat from some Kroomen, and sent her back to Cayenne in good order, for which he received the courteous acknowledgment of M. de Montravel on the 17th November 1859, but that owing to the peculiar circumstances, and for legal reasons, Her Majesty's Government must, with regret, decline entering into any convention for this purpose.

The Lord John Russell.

I have, &c. (Signed)

J. D. HARDING.

0 16278.---802. 25.-2/86.

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