CO885-(11-13) — Page 11

6524.

PUBLIC RECORD OFFICE

3

Reference :-

6

mimimimC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

No. 717.

(TRINIDAD.)

QUEEN'S ADVOCATE to FOREIGN OFFICE.

Temple, June 28, 1871.

MY LORD,

I AM honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 19th instant, stating that, with reference to my report of the 25th ultimo upon the subject of the blockade, by the present Government of Venezuela of part of the coast of that Republic which remains in the hands of the party opposed to the Government, he was directed to transmit to me the accompanying letter from the Colonial Office, enclosing further correspondence relating to this matter, and also to the seizure by a ship of war of the Venezuelan Government of the British vessel "Unison" for alleged infraction of the blockade, and of the British vessels "Helen and "Sophie" by the insurgent Government; that the Despatch from Mr. Middleton, already submitted to me, is also enclosed, together with some further correspondence relating to the same subject. Mr. Hammond was pleased to request that I would take these papers into my consideration and furnish your Lordship with my opinion as to the course which should be pursued in the matter.

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

Report

"1

was

That I am of opinion that a state of war exists between the Republic, of which the President has issued a notification of the blockade of certain Venezuelan ports, and the insurgents, who are in possession of those porta, and that the Government of the Republic has made known the existence of hostilities to Her Majesty's Chargé d'Affaires at Caracas in a manner sufficient to entitle it to the exercise of belligerent rights against British commerce; Her Majesty's Government will consequently not be justi- fied in objecting to the capture of British vessels on the high seas by the blockading squadron, but it may properly insist upon such vessels being sent forthwith before & prize court for the purpose of judicial inquiry, whether they have in any way infringed the belligerent rights of the captors. It follows also that the insurgents will be also entitled to the exercise of belligerent rights against neutral commerce, subject to the responsibility of making compensation where the capture shall prove to be unjustifiable. I have so little information as to the circumstances under which the "Helen " captured that I am unable to form an opinion whether her capture and detention would have proved on inquiry to have been justifiable, as much would depend upon the nature of the cargo on board the "Helen" and her destination, respecting which facts no information is given in the letter of Mr. George Werppermann. As Mr. W. Ehlers has effected his escape, and the "Helen" has also been carried away by her captain and crew, there is, in my opinion, nothing for Her Majesty's Government to do in the matter of this vessel. As regards the "Sophie," it is not clear from the same gentle- man's letter whether she has been sunk or not by her captors, but the letter states that she was pillaged, which was clearly unjustifiable. Further information may properly be required by your Lordahip as to this vessel, but I fear that no claim can be made on the Government of the Republic for compensation. The insurgents are the parties responsible to the neutral powers for any abuse of belligerent right by persons acting under their authority. With regard to the capture of the "Unison," upon the statement submitted to Her Majesty's Government, her capture was clearly unjustifiable, and unless clear evidence is forthcoming from the Venezuelan captors to rebut the affidavit made by the master and owner of the vessel at the harbour master's office at Port of Spain, Her Majesty's Government will be justified, in my opinion, in demanding from the Venezuelan Government the restitution of the vessel and full compensation for any losses incurred by the owners of the vessel, and of her cargo, and by her master and crew.

I am of opinion that the view of this case taken by Governor Longden is sound, and that Her Majesty's Government will be justified in insisting upon the restitution of the vessel and her cargo, or a full inquiry before a proper court as to the question whether or not she was captured within British waters. I venture to suggest to your Lordship that it is desirable that such seizures in British waters should be prevented in future by the presence of a British vessel of war.

The Earl Granville, K.G.

&c. &c. &c.

0 16978.-918.

23.-5/86.

I have, &c.

(Signed) TRAVERS TWISS.

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