CO885-(10-11) — Page 675

entitled to his discharge we do not advise that any special law should be passed in Malta requiring local authorities to take cognisance of offences against foreign laws for the purpose of enabling them to refuse the discharge of an offender against such laws,

The Lord Stanley, M.P.,

&c. &c,

&c.

We have, &c. (Signed)

•

JOHN B. KARSLAKE. RICHARD BAGGALLY. TRAVERS TWISS.

12019.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 538.

(GIBRALTAR.)

ADVOCATE-GENERAL to FOREIGN OFFICE.

Temple, November 11, 1868. I AM honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 2nd inst., stating that he was directed by your Lordship to transmit to me the accompanying letter from the Colonial Office, enclosing a copy of a letter from the Acting Governor of Gibraltar, reporting the circumstances under which a deserter from the Spanish army, named Antonio Baey Brabo, claims protection from the Gibraltar Government as a British subject and forwarding a copy of a report on the facts of the case which has been drawn up by the Attorney General of Gibraltar, and Mr. Hammond was pleased to request that I would take these papers into my con- sideration and favour your Lordship with my opinion thereupon.

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, under the circumstances of this case, Antonio Baey Brabo has no claim to the protection of the Governor of Gibraltar against the Spanish authorities. Antonio Bay Brabo appears to have been of Spanish origin, both his parents being Spanish subjects. His mother, however, was by accident within the lines of Gibraltar in itinere at the moment of his birth, his father being at such time in Spain. Under such circumstances the child, under the law of nations, would follow the condition of its parents, and its national character would be Spanish. Antonio Baey Brabo seems always to have resided in Spain, and has come within the British lines under circumstances which entitle the Spanish Government, under an agreement with the Governor of Gibraltar of April 21, 1838 (Hertalet VII., p. 1011), to claim that he should be delivered up. I consider it would be a breach of that agree- ment for the Governor of Gibraltar to refuse to deliver up Antonio Baey Brabo, and that he is not precluded from delivering him up by the circumstances of his having been born, as aforesaid, within the British lines.

The Lord Stanley,

&c. &c. &c.

I have, &c.

(Signed) TRAVERS TWISS.

0 16278.-678. 15.-5/86.