CO885-(11-13) — Page 308

MY LORD,

No. 84.

(GIBRALTAR.)

LAW OFFICERS to FOREIGN OFFICE.

We are honoured with your Lordship's commands, signified in Lord Tenterden's

Temple, 23rd March 1876. letter of the 22nd instant, stating that he was directed to transmit to us the accompanying letter from the Colonial Office, together with previous papers, on the subject of the capture by a Spanish guarda costa of the British vessel "Amalia," and the proceedings subsequently taken against certain of the crew of the guarda costa; and that he, Lord Tenterden, was to request that we would have the goodness to take these papers into our consideration and favour your Lordship with our opinion on the case, and inform you what course we considered it would be advisable that Her Majesty's Government should now take in the matter.

That Lord Tenterden was to add that, as the affair was pressing, your Lordship would be glad to receive our report as soon as possible.

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

Report

That in our opinion the proceedings against the four Spanish sailors at Gibraltar have been illegal, and the men should be at once liberated with fair compensation to them individually.

With respect to Her Majesty's Government and the Spanish Government, we submit, for your Lordship's consideration, that the present case may be of considerable use for the future.

And we are of opinion that, whilst regret may be expressed by Her Majesty's Government for the proceedings against the four men at Gibraltar, Her Majesty's Government may very properly insist upon the Spanish Government expressing their regret at the insult offered to the British flag by a Spanish Government vessel in boarding and seizing a vessel flying that flag on the high seas, and far beyond Spanish jurisdiction.

And Her Majesty's Government may further properly insist upon the Spanish Government giving directions to all their vessels to respect the British flag in future cases, and upon compensation being made to the owners of the "Amalia" cargo for any loss or expenses incurred by the seizure and return of that vessel to Gibraltar.

The Earl of Derby.

(Signed)

We have, &c.,

and her

JOHN HOLKER. HARDINGE GIFFARD.

PARKER DEANE.

▲ 12916-84. 95.--19/84.

PUBLIC RECORD OFFICE

Reference :-

CO.

• 885

12 PUBLIC RECORD OFFICE, LONDON

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

C