CO885-(11-13) — Page 223

4494.

PUBLIC RECORD OFFICE

CO.

Reference :-

885

MY LORD,

No. 14.

(TRINIDAD.)

LAW OFFICERS to FOREIGN OFFICE.

"

Temple, 13th April 1874. We are honoured with your Lordship's commands, signified in Lord Tenterden's letter of the 14th ult., stating that he was directed by your Lordship to transmit to us the accompanying correspondence relating to the case of the Violet."

That we would see that the "Violet was seized by the police at Trinidad in February 1872 for having on board arms and ammunition suspected of being intended for exportation to Venezuela at a time when such exportation was forbidden; that the jury before whom the "Violet" was tried were unable to agree upon a verdict; that acting upon the advice of the late Law Officers of the Crown, the Governor of Trinidad proposed to Messrs. Zwicher, the charterers of the "Violet," that further proceedings on the part of the Crown should be abandoned, the bail of the vessel discharged, and the arms restored, on condition that they on their part would abandon further proceedings and pay the costs; that Messrs. Zwicher had demurred to that proposal, and claimed compensation; and that eventually an arrangement had been come to by which the proceedings had been abandoned and the arms given up, the Governor undertaking to refer Messrs. Zwicher's claim to compensation to Her Majesty's Secretary of State for the Colonies, and that the Earl of Carnarvon had requested that our opinion might be taken as to whether any, and, if any, what amount of compensation should be awarded to Messrs. Zwicher.

That Lord Tenterden was accordingly to request that we would take the enclosed papers into our consideration, and favour your Lordship with our opinion as to the answer that should be returned to the Colonial Office letter of the 7th inst.

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

Report

That we think that under all the circumstances of the case reasonable compensation may properly be paid to Messrs. Zwicher and Co. for the seizure and detention of the "Violet" and her cargo.

But we think it should be distinctly intimated to these gentlemen that, in adopting this course, it is by no means to be understood that there were not ample grounds of suspicion to warrant the seizure, and that the money is paid ex gratia, and not as admission that any claim enforceable at law by them exists.

We presume that this is a solitary case, and that it cannot be relied on by others in Trinidad as furnishing a precedent.

We have not any information which will enable us to form a judgment whether or no the amount claimed by Messrs. Zwicher is a fair estimate of their loss. Unless there is some considerable exaggeration in the claim, it may be best to save further delay and expense to pay Messrs. Zwicher and Co. the sum which they ask, and that the Colonial Office letter of the 7th ult. may be answered to that effect.

The Right Hon. Earl of Derby.

(Signed)

We have, &c.,

J. B. KARSLAKE. R. BAGGALLAY. J. P. DEANE.

A 19916.-15. 25. 19/84.

12 PUBLIC RECORD OFFICE, LONDON

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