CO885-(10-11) — Page 745

9109.

No. 593.

(BAHAMAS.)

:.

SIR,

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, August 12, 1869. I AM directed by the Earl of Clarendon to transmit to you, for the information of Earl Granville, a translation of a proclamation issued by the Captain General of Cuba, dated the 7th of July, abrogating the decree of the 24th of March last; and I am also to enclose a copy of a note which Lord Clarendon, after consulting the Law Officer of the Crown, has instructed Her Majesty's Chargé d'Affaires at Madrid to address to the Spanish Minister of Foreign Affairs, explaining the views of Her Majesty's Government with reference to that proclamation.

The Under Secretary of State, Colonial Office.

I am,

(Signed)

&c.

ARTHUR OTWAY.

TRANBLATION.

Captain General Caballero de RODAS' DECREE of July 7, 1869.

The custody and vigilance of the coasts of this island, its adjacent cays and territorial waters being of the greatest importance towards putting down the insurgent bands which have been maintained up to the present time by aid from abroad; being deter- mined to give a vigorous impulse to their persecution, and with the view of elucidating the doubts which have arisen with our cruisers with regard to the genuine interpreta- tion of the decrees published by this Government on the 9th of November 1868. February 18th and 26th, and March 24th of this year, I have determined to consolidate and amplify in this all the said orders, which are therefore abrogated, and acting under the powers with which I am invested by the Government of the nation, I decree-

Art. 1. All ports situate between Cay Bahia de Cadiz and Cape Maisi on the north side and from Cape Maisi to Cienfuegos on the south side of this island shall continue closed to the import and export trade, as well for seagoing ships as for coasters, with the exception of the ports of Saquala Grande, Caibarien, Nuevitas, Gibara, Baracoa, Quantanamo, Santiago de Cuba, Manzamillo, Santa Criz, Zaza, Casilda or Trinidad, and Cienfuegos, at which there is a custom-house. Vessels attempting to enter the ports which are closed, or to communicate with the coast will be chased, and, if captured, will be tried for violation of the laws.

Art. 2. Vessels carrying powder, arms, or military stores shall also be tried according

to the laws.

Art. 3. The conveyance of individuals in the service of the insurrection is much more serious than that of contraband, and will be considered as a decidedly hostile act; the vessel and her crew being judged in that light as enemies.

Art. 4. Should the individuals referred to in the foregoing article come armed it will

be considered as a positive proof of their intention, and they will be tried as pirates, together with the crew of the vessel.

Art. 5. Vessels captured under a flag not recognised, whether armed for war or otherwise, shall be also considered as pirates according to the laws.

►

Art. 6. In the open seas contiguous to the waters of this island, the cruisers will limit themselves (in searching vessels, which have been denounced or which may render themselves suspicious owing to their movements) to the rights designated (conceded) by the treaties of 1795 between Spain and the United States, of 1835 with Creat Britain, and with other nations subsequently; and if, in the exercise of these rights, they should fall in with vessels recognised as enemies of the integrity of the territory, they will take them into port for legal investigation and the trial which corresponds."

(Signed) CABALLERO de RODAS. Havana, July 7, 1866.

0 16278.-905. 25. -5/86.

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

11 PUBLIC RECORD OFFICE, LONDON

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