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3882.

PUBLIC RECORD OFFICE

Reference :-

EPERNIC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 637,

(ВАНАМАН.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, April 1870.

We are honoured with your Lordship's commands, signified to us in Mr. Ham- mond's letter of the 2nd instant, stating-

1870.

G.O., March 18, Admy, March 95

1st. That he was directed by your Lordship to transmit to us the accompanying correspondence as marked in the margin, from which we would perceive that consider Co., March able embarrassment had been caused to Her Majesty's Government by the assumed Enclosure to necessity of selling on the spot, and without delay, vessels which had been seized 1970 and condemned at Nassau for breaches of the revenue laws of the Colony, the result Foclosure from being that in the absence of competition such vessels are likely in many instances to 0.0. March al be purchased by agents of the Cuban insurgents.

1870.

Knalosure frota

C.O., March 21,

2nd. That he was to request that we would take those papers into our consideration, 1870. and that we would favour your Lordship with our opinion as to whether Her Majesty's Government have any power of preventing or delaying the sale of such vessels.

In obedience to your Lordship's commands we have taken the papers into our con- sideration, and have the honour to

Report

That it appears that the "Anna" was condemned by default at the instance of the Colonial Attorney General, acting under the instructions of the Governor of Nassau. We are of opinion that the court had ample discretion, under the Colonial Revenue Act 17 Viot. c. 3. s. 66, to comply with any prayer which the Attorney General might have thought proper to make with a view to defer or otherwise regulate the sale by auction of the vessel so that she should not pass into the hands of the Cuban insurgents or their agents.

Under the peculiar circumstances of the presence of so many Cuban insurgents in the islands, and the frequent attempts on their part and on that of their agents to violate the Foreign Enlistment Act, we think it would be a reasonable exercise of the discretion of the court for it to make an order, if prayed, in any similar case that one of the conditions of the auction should be that the buyer should give security against the vessel being employed in any way contrary to the provisions of the Foreign Enlist- ment Act, failing which security being given the sale should be avoided and the further directions of the court taken.

(Signed)

The Right Hon. the Earl of Clarendon,

&c.

&c.

&c.

We have, &c.

R. P. COLLIER.

J. D. COLERIDGE. TRAVERS TWISS.

@ 16978.----377.

95,--5/88.

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