CO885-(10-11) — Page 867

3041.

3.

MY LORD,

No. 685.

(STRAITS SETTLEMENTS.)

QUEEN'S ADVOCATE to FOREIGN OFFICE.

Temple, January 31, 1871. I AM honoured with your Lordship's commands, signified in Lord Enfield's letter of the 30th instant, stating that he was directed to transmit to me a letter from Mr. Peter A. Rickmers, a native of Heligoland, requesting the interference of Her Majesty's Government, with a view to obtaining the release of his vessel the "Sophie Rickmers," which has been captured and taken into the port of Saigon by French cruizers; and he was to request that I would take this letter into my consideration and furnish your Lordship, at my early convenience, with my opinion whether any and what instruc- tions should be addressed to Her Majesty's Consul at Saigon on this subject.

In obedience to your Lordship's commands, I have the honour to

Report

That this is not a case in which your Lordship would be justified, from considera- tions either of municipal or international law, in instructing Her Majesty's Consul at Saigon to intervene. The statement of Mr. Rickmers does not show that he was qualified to become the owner of a British ship on 10th November last, when he alleges that he purchased the " Sophie Rickmers." Assuming him to be a natural born British subject, although he does not state that he was born within Her Majesty's dominions, I am of opinion that he disqualified himself to be the owner of a British ship by taking an oath of allegiance to the Free State of Bremen, and he does not show that he has complied with the requirements of the Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104. s. 18.), so as to regain a qualification. The Act 7 & 8 Vict. c. 66., to which he refers, has no application to his case; besides it was repealed prior to the 26th of July last, when he says that he conformed to its provisions. But upon the most favourable view which can be taken of Mr. Rickmers' title to be the owner of a British ship, and of the circumstances of the sale and of the registration of the vessel, I am of opinion that upon principles of International Law your Lordship would not be justified in inter- vening diplomatically on his behalf. It is for the prize court of the captors to determine whether the "Sophie Rickmers" is good prize of war, and I am of opinion that the French Prize Court, if they observe their long established practice, will not recognise the sale of an enemy's vessel made in a neutral port after the commencement of the war, the necessity of such sale being caused by the exigencies of the war, and the object of such sale being to defeat the exercise of belligerent right as regards the capture of enemy's property on the high seas.

The Earl Grauville.

I am, &c.

TRAVERS TWISS.

(Signed)

&c.

&c. &c.

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

PUBLIC RECORD OFFICE

Reference :--

PLC.O. 885

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11 PUBLIC RECORD OFFICE, LONDON

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

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