CO885-(10-11) — Page 562

11917.

No. 442.

(MALTA.)

MY LORD,

QUEEN'S ADVOCATE to FOREIGN OFFICE.

Doctors' Commons, December 12, 1866. I AM honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 12th instant, stating that he was directed to transmit to me the accompanying Despatch and its enclosures from Her Majesty's Agent and Consul General at Tunis, setting forth the circumstances under which a sequester has been placed upon a Tunisian ship-of-war in the Port of Malta by some creditors of the Bey; and Mr. Hammond was pleased to request that I would take these papers into con- sideration, and report to your Lordship at my earliest convenience my opinion on the points raised by Mr. Wood, and as to the instructions which it would be right and proper to give him for his future guidance.

In obedience to your Lordship's commands I have taken these papers into considera- tion, and have the honour to

Report

That I am of opinion that Her Majesty's Consul General should be apprized that the exercise of civil jurisdiction at the instance of a private individual over a vessel of war belonging to a friendly State in any port or harbour of Her Majesty's Dominions ought not to be allowed. It is true that this point has never been formally decided, though it has been raised in an English Court (case of the Prinz Frederick 1. Phill, Com. Inter- national Law, p. 370).

In my opinion the principles of international and public law applicable to this question are most correctly laid down by Mr. Justice Story delivering the judgment of the Supreme Tribunal of the United States in the case of the "Santissima Trinidad."

"It stands upon principles of public comity and convenience, and arises from the presumed consent or license of nations that foreign public ships coming into their ports and demeaning themselves according to law and in a friendly manner shall be exempt from the local jurisdiction."

"But as such consent and license is implied only from the general usage of nations, it may be withdrawn upon notice at any time without just offence, and if afterwards such public ships come into our ports they are amenable to our laws in the same manner as other vessels (1. Phill. Com. International Law, p. 368.)"

It becomes, therefore, unnecessary to answer relatively to this case the second question propounded by the Consul General, and as the case is urgent. I send my report to-night.

The Right Hon. the Lord Stanley.

I have, &c. (Signed) R. PHILLIMORE.

• 16976-778. 25.--5/86.

PUBLIC RECORD OFFICE

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Reference :-

PIC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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