CO885-(10-11) — Page 835

2845/1871.

No. 663.

(NEW SOUTH WALES.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, September 27, 1870. MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 23rd instant, stating,-1st, that he was directed by your Lordship to transmit to us a letter from the War Office applying for information as to the instruc- tions that should be given to the officers commanding the Western District for their guidance in the event of a belligerent ship of war refusing to comply with the require- ments of Her Majesty's proclamation of neutrality, and he was to request that we would furnish your Lordship with our opinion as to the answer that should be returned to the War Office. 2nd, that a short memorandum that had been drawn up in the Foreign Office of some precedents bearing on the subject was enclosed for our information,

In obedience to your Lordship's commands we have the honour to

Report

That upon a ship of war belonging to either of the belligerent Powers having notice to depart from any of Her Majesty's ports, in pursuance of the instructions contained in Earl Granville's circular letter of the 19th of July, and failing to comply with the same, it will be lawful for Her Majesty's officers to use force to compel her to put to sea. In what way force should be applied must depend upon the available means, whether the guns of a battery on shore can be directed against the vessel or whether it may be necessary for one of Her Majesty's ships to intervene. In either case we think that a formal warning of 24 hours should be given to the belligerent vessel of the intention of Her Majesty to enforce her right as a neutral to prohibit a belligerent cruiser making use of British waters for any purpose other than those of the necessary subsistence of her crew or the necessary repaire of the vessel itself. We would observe that Her Majesty's proclamation would not touch this question, which is embraced in the circular of Earl Granville, unless some attempt were made to increase or augment the warlike power of the belligerent vessel.

The Earl Granville,

&c.

&c.

We have, &c. (Signed)

R. P. COLLIER. J. D. COLERIDGE. TRAVERS TWISS.

o 14978-496.

25-A/66,

STILL CO. 885

PUBLIC RECORD OFFICE

Reference :-

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- |COPYRRHT PHOTOGRAPPINUT IV

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