CO885-(11-13) — Page 392

52.

No. 156.

(TURK'S ISLAND.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Temple, 21st December 1877. We were honoured with your Lordship's commands, signified in Sir J. Pauncefote's letter of the 13th December, stating that he was directed by your Lordship to transmit to us the papers noted in the margin respecting the claim of Mr. Godet, of Turk's Island, for compensation at the hands of the Government of St. Domingo for the loss of his vessel the "Brisk," and her cargo, under the circumstances therein detailed; that the facts of the case, as gathered from those papers would appear to be as follows:—

On the 20th of September 1876 the British schooner "Brisk," while on a voyage from Turk's Island to Cape Haitien laden with a cargo of salt, was seized by two Dominican armed vessels off Fort Liberté, where she was to touch on her voyage. At that time the president of St. Domingo, Espaillat, was striving to hold the country against the two' revolutionary parties of Baez and Gonzaleg. The "Brisk was captured by order of an officer of Gonzaleg's, the object of the seizure being to arrest a passenger on board the schooner named Ritchie, an American citizen, who was suspected of having bought arms and ammunition for the party of Baez.

On reference to the map contained in Major Stuart's Despatch No. 34, of the 29th of October last, it would be seen that the place of capture was in Haitien waters.

That the "Brisk" immediately after her seizure was ordered by the seizers to be taken to Port Plata, and on her voyage to that port she encountered a storm and was lost with all on board.

That the party of Baez were now in power; and the question arose whether, under the circumstances above stated, Her Majesty's Government could claim reparation from the existing de facto Government of St. Domingo for the outrage committed by the Gonzaleg party on the British flag, and compensation to the owner of the "Brisk" for the loss of his vessel and cargo.

That Sir Julian Pauncefote was to request that we would favour your Lordship with our opinion thereon.

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

Report

That in our opinion no claim for compensation to the owner of the "Brisk," nor reparation for the outrage committed on the British flag by the Gonzaleg party, can be claimed from the existing Government of St. Domingo.

The Earl of Derby,

&c.

&c.

}.

▲ 12916.-152. 25.-12/84.

We have, &c., ` (Signed)

JOHN HOLKER.

HARDINGE S. GIFFARD.

J. PARKER DEANE.

PUBLIC RECORD OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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