CO885-(11-13) — Page 318

7176.

PUBLIC RECORD OFFICE

CO.

Reference :-

MY LORD,

No. 94.

(GIBRALTAR.)

LAW OFFICERS to FOREIGN OFFICE.

WE were honoured with your Lordship's commande, signified in Lord

Temple, 10th May 1876. Tenterden's letter of the 10th of April last, stating that, with reference to our report of the 23rd of March last, he was directed by your Lordship to transmit to us further correspondence relating to the case of the "Amalia," a British ship lately captured by a Spanish guarda costa while on a voyage from Gibraltar bound for Oran, and which vessel was subsequently retaken by her crew, who took her and the four Spanish sailors placed on board into Gibraltar, where the captors were charged with piracy, That we would see that, in accordance with the advice contained in our above-men- tioned report, the four Spaniards had been set at liberty, and that Her Majesty's Minister at Madrid had been instructed, in informing the Spanish Government of their release, to make a strong representation as to the capture of the “ Amalia.” further action therefore appeared to be called for at present, but that your Lordship would be glad to be favoured with our opinion upon the proceedings taken in the matter by the authorities at Gibraltar under the advice of the Attorney-General of the Colony.

Lord Tenterden was also pleased to say that the previous papers were enclosed for convenience of reference.

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

Report

That no

That the proceedings taken by the authorities at Gibraltar against the Spanish sailors do not, in our opinion, admit of any justification, for we are unable to agree with the Attorney-General at Gibraltar that there was a prima facie case of piracy, and without this supposed piratical act there was no foundation for the proceedings.

The Earl of Derby,

&c.

&c.

We have, &c., (Signed)

JOHN HOLKER. HARDINGE GIFFARD. J. PARKER DEANE.

▲ 12916.-97. 15,—12/84

885

12 PUBLIC RECORD OFFICE, LONDON

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

6347.