CO885-(10-11) — Page 423

6789.

No. 347.

(BAHAMAS.)

LAW OFFICERS to FOREIGN OFFICE.

Mr LORD,

Lincoln's Inn, June 26, 1865. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 10th instant, stating that with reference to our Report of the 6th of December last, respecting the judgment pronounced in the District Court of New Jersey in the case of the schooner " Etta" or " Retribution" he was directed by your Lordship to transmit to us a Despatch from Her Majesty's Consul at New York enclosing a printed copy of the Report of proceedings in the case of this vessel, and to request that we would take the same into consideration, and favour your Lordship with such observations as we might have to offer thereupon.

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

Report

That this, as we had the honour to state in our last Report, is a case of the first impression, but we are of opinion that upon the principles of maritime international law, applicable to such a case, the vessel was lawfully and rightly condemned. This opinion, of course, involves our assent to the very important position of law, that the ship of an enemy, which has been a commissioned ship of war cannot, during the con- tinuance of the war, be relieved from the risk of capture and condemnation in the prize court of the other belligerent, by any sale or transfer to a neutral, although such neutral may purchase her with the bona fide intention of using her for his own benefit in lawful commerce, and may, to the utmost of his power, divest her of her warlike character, and convert her into, and use her as, a merchant vessel.

We have, &c.

The Earl Russell.

(Signed)

ROUNDELL PALMER.

R. P. COLLIER.

ROBERT PHILLIMORE.

16278,-281. 95.-2/86.

PUBLIC RECORD OFFICE

Reference :-

THILLC.O.

885

10

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

་