CO885-(10-11) — Page 433

7996.

No. 355.

(BAHAMAB.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, August 1, 1865. MY LORD,

We are honoured with your Lordship's commands signified in Mr. Hammond's letter of the 18th ultimo, stating that he was directed by your Lordship to transmit to us the accompanying letters from the Colonial Office, together with their several enclo- sures, respecting certain leases granted by the Government of the Bahamas in the island called Cay Sal, situated about 30 miles from the coast of Cuba, and about 100 miles from the Bahamas, the sovereignty over which island is in abeyance between this country and Spain. The agreement between England and Spain referred to in this correspondence is to be found in the diplomatic notes which were exchanged between the British Minister at Madrid and the Spanish Minister for Foreign Affairs in January and February 1835.

Mr. Hammond was also pleased to transmit a memorandum, which was drawn up in the Foreign Office in 1838, together with the accompanying volume containing the correspondence to which it refers, and to request that we would take this matter into consideration, and that we would, with reference to the contents of the letter from the Colonial Office of the 31st May last, inform your Lordship of our opinion as to any steps we may consider it desirable for Her Majesty's Government to take in the

matter.

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

Report

That although 28 years have elapsed since the letter of His Majesty's Ambassador at Madrid to the Spanish Government (January 7, 1837), good faith still, in our opinion, requires that until notice is formally given to Spain with a view to determine the understanding they arrived at between the two nations, no act of British dominion ought to be annexed over Cay Sal.

Whether it be not expedient that this arrangement should cease; that this island should be under some recognised jurisdiction, and its resources (apparently consider- able) made useful, and the possibility of its being made a depository for slaves averted, are questions of policy for Her Majesty's Government to determine.

As far as we can judge from the imperfect materials before us, we are under the impression that Her Majesty's claim to this island is preferable to that of Spain, and it is manifestly unreasonable and contrary to the interests of civilisation that an island so situated should be perpetually ex lez, and under no recognised authority, more especially as it appears that it is likely to be permanently inhabited by Europeans.

In the meanwhile, with respect to the lease to Mr. Wilson and its transfer by sale to Mr. Wiggins, we think that the best course to be taken is that suggested in the letter from the Colonial to the Foreign Office dated May 31st, 1865, and that a communica- tion should be made to Mr. Wiggins to the effect there suggested. We think it is also worthy of consideration whether it may not be proper, under any circumstances, to offer a voluntary explanation of this transaction to the Spanish Government with a view to obtain from them a concurrence in, and confirmation of, the lease to Mr. Wiggins, as an interim arrangement, so as to leave the question of title, by occupancy or otherwise, entirely unprejudiced thereby.

But if so it would probably be desirable, at the same time to urge that the question of title should itself be brought to an early settlement, and perhaps it might not be inexpedient to offer to submit the question to the arbitration of some third European power.

The Earl Russell, K.G.

We have, &c. (Signed) ROUNDELL PALMER.

R. P. COLLIER. ROBERT PHILLIMORE.

16278.-383. 35.-2/86.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

PUBLIC RECORD OFFICE, LONDON

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

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