CO885-(11-13) — Page 63

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No. 766,

(JAMAICA.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's

Temple, July 9, 1872. letter of the 3rd instant, stating that with reference to his letter of that date (we have not seen a second letter of the 3rd instant relative to the case of the "Edgar Stewart "*) he was directed by your Lordship to transmit to us the accompanying letter from the Colonial Office, enclosing a further Despatch from the Governor of Jamaica, from which we would see that in the course of the proceedings with regard to that vessel, doubts had arisen as to the interpretation of certain provisions of the Foreign Enlist- ment Act of 1870, 33 & 34 Vict. c. 90, and he (Mr. Hammond) was to request us to favour your Lordship with our opinion upon the points referred to in Sir P. Grant's Despatch.

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

Report

We are of opinion that the word " Despatch" in section 4 Sub-section 8t of the Foreign Enlistment Act, 33 & 34 Vict. c. 90, does not apply to the case of a foreign ship which comes voluntarily within Her Majesty's dominions and leaves without having come under the direction or control of any person not on board, and without having received

any equipment of any sort.

A contrary construction of the word "despatch" would lead to our interference with the commerce of foreign countries, contrary to the law of nations, and not required by the necessity of the case. The procuring equipment of a peaceful character will not make such foreign vessel liable.

The word despatch must in respect to foreign vessels receive a like construction in the other parts of the Act in which it occurs,

With respect, however, to British vessels, we are of opinion that if such vessel leave any part of Her Majesty's dominions with the intent necessary to bring her within the statute, and although there has been no communication with anyone not on board, an offence has been committed against the Act and the penal consequences will on con- viction attach.

We are of opinion that stress of weather in the last paragraph of a. 23 does not include the case of a steam vessel whose machinery has not been damaged by bad weather coming into port in fine weather for the purpose of repair when she might have chosen some other port.

The last paragraph of section 23 refers to a foreign non-commissioned ship which shall have received no equipping of a warlike character in this country, and which has come within Her Majesty's dominions without the intention of receiving or adding to her warlike equipment.

meant that her reaching and staying in Her

If so, the words "peaceful voyage

Majesty's dominions are unconnected with the intent of adding to her powers of employment in naval service.

"

4. Equipping of a warlike character in the last paragraph of a. 23 would, in our opinion, be confined to munitions of war strictly so called, and not extended to articles of ambiguous use, as coals, provisions, or tackle.

We have, &c. (Signed)

J. D. COLERIDGE. G. JESSEL.

J. PARKER DEANE,

The Earl Granville, K.G.

&c.

&c.

&o.

• Accidentally dated the 4th.

o 16978.-818.

95.-5/86,

† Should be Sub-section 4 of section 8.

PUBLIC RECORD OFFICE

Reference :-

SPEC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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