CO885-(10-11) — Page 635

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

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of the port of Gibraltar that certain declarations were taken from his crew by the commander of the guarda costa, and that those declarations were read over to them by the Spanish authorities at Huelva. There may thus have been evidence from the may have orew before those authorities which is not before your Lordship and which furnished support to the evidence, whatever that may have been, on the part of the seizors. Whether it was proper under the circumstances of this case for the comman- der of the guarda costa to have extorted such declarations from the crew, as he is represented to have done, may be reserved for future consideration.

It appears further that an application has been made in vain by Her Majesty's Vice- "and her Consul at Huelva for a copy of the evidence, upon which the "Garibaldi cargo have been confiscated. Under these circumstances it will be proper, in my opinion, for your Lordship to direct Her Majesty's Minister at Madrid to represent to the Spanish Government that your Lordship upon the evidence which has been submitted to you on behalf of the owners is disposed to regard the seizure of the “Garibaldi" as a marine trespass, but that before your Lordship will think it right to make any demand for indemnification against the Spanish Government you are desirous to be informed upon what evidence and upon what principle of public right the Administrative Board at Huelva has decreed the confiscation of the "Garibaldi" and her cargo. Her Majesty's Minister may also be instructed to state that he reserves to Her Majesty's Government the right to bring under the notice of the Spanish Govern- ment on a future occasion the conduct of the commander and crew of the guarda costa upon boarding the "Garibaldi."

"

With regard to the general question which has been raised by the owners of the "Garibaldi as to the real limits of Spanish maritime jurisdiction in the Straits of Gibraltar and along the neighbouring seaboard of Spain, if by real limits are meant the limits of a jurisdiction which no nation may question, such limits I apprehend, are coincident with the extent of what would be termed Spanish waters, which include all waters within a marine league from Spanish land, and further will embrace all portions of sea cut off by an imaginary line drawn from one headland to another, when both those headlands belong to Spain, and are within a reasonable distance from each other.

If such

It is possible that the Spanish authorities may assert that the waters of the Gulf of Cadiz, in which the "Garibaldi" was seized, are a Spanish "Chamber." should be the case it will be proper to consider between what headlands the imaginary straight line must be drawn to constitute such a “chamber," and whether the claim will be in itself reasonable, or have any warrant in immemorial usage. But in the Straits of Gibraltar I presume no such question can arise, and each nation will be entitled to assert an exclusive jurisdiction over the waters measured seawards from its coast to the distance of a marine league. It appears, however, that the municipal law of Spain has established a zone of two leagues along its coast for fiscal purposes, and has forbidden vessels having contraband goods on board to be navigated within that zone, except under certain conditions of necessity. This limit rests, however, upon other considerations than those of absolute right.

Nations have been accustomed to concede to one another a certain exercise of police over merchant ships on the high seas beyond the limit of a marine league from their coast, with a view to prevent illicit trade, and when the municipal regulations of a state are in such matters reasonable, and its police is enforced with fairness and equity foreign nations have acquiesced in its exercise.

I am not disposed to think that a fiscal zone of two leagues, which has been adopted by Spain, is in itself unreasonable. The British Quarantine Laws (6 Geo. IV. c. 18.) take effect upon foreign vessels when they come within a zone of two leagues from the United Kingdom, and the British Revenue Laws (16.& 17 Vict. c. 107.) take effect on foreign vessels under certain circumstances when they are found within three leagues from the coast of the United Kingdom. But if this permissive police is exercised with undue severity or with injustice the comity of nations will not require the state whose subjects are harshly treated to acquiesce in its exercise. This, however, must depend upon the circumstances of each case, and it will be advisable for your Lordship in due time to ascertain what can be said in defence of the alleged misconduct of the seizors.

The Right Hon. Lord Stanley,

&c. &c. &c.

I have, &c.

(Signed) TRAVERS TWISS.

2702.

SIR,

No. 501A.

(MALTA.)

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, March 17, 1868. WITH reference to your letters of the 7th October and 13th instant, I am directed by Lord Stanley to inform you that his Lordship has consulted the proper Law Advisers of the Crown upon the subject of the petition of Carmelo and Angelo Polidano, prisoners at Malta, to be furnished with a copy of the warrant of their committal issued by the judge of Her Majesty's Consular Court in Egypt and I am now to state to you, for the information of his Grace the Duke of Buckingham, that his Lordship is advised that no sufficient grounds are disclosed for complying with the request made.

The Under Secretary of State,

Colonial Office.

16978.-951.

15.-5/86.

I am, &c.

(Signed) JAMES MURRAY.