CO885-(11-13) — Page 702

2615.

PUBLIC RECORD OFFICE

Reference :-

TTC.O.

لتسليبيا

885

13 PUBLIC RECORD OFFICE, LONDON

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

No. 65.

(GIBRALTAR.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Royal Courts of Justice, 4th February 1886. We are honoured with your Lordship's commands signified in Sir J. Pauncefote's letter of the 5th ultimo, stating that he had the honour to transmit to us the papers* relating to a claim made by the Spanish Government for the restitution of the hulk of a Norwegian vessel, the " Hans Gude" which was found floating keel uppermost in Spanish waters by the British steamer "Hercules," and towed by her into Gibraltar, where the hulk was adjudicated upon by the Vice-Admiralty Court as a derelict, and sold, by order of that Court, on the 10th July last.

That it appeared that on the 30th April the Spanish Consul informed the Govern- ment of Gibraltar of the circumstances under which the hulk had been towed into Gibraltar by the "Hercules," and protested against the action of the Vice-Admiralty Court.

That the Spanish Consul, in his letter, stated that the bull of the wrecked, ship was in Tarifa waters and 14 miles from the shore, and was removed by the " Hercules without the necessary permission of the Spanish authorities, and that his communica- tion was to serve as a protest. That the letter was acknowledged, but that no further action was taken.

was at

That on the 19th June the Spanish Consul addressed a further letter to the Govern- ment of Gibraltar, inclosing a report by the law adviser of the commander-in- chief at Cadiz, in which the Spanish account of the facts of the case was given at length. That in that report, it was stated that the hull of the “ Hans Gude the time in the possession and custody of the Spanish authorities, and that she was forcibly removed by the "Hercules" and another British vessel, not only without the necessary permission, but in the face of the remonstrances of the Spanish officers sent to prevent the act, under the false pretence that it was done by order of the British authorities. That, further, that the Swedish and Norwegian Consul had protested against the act.

That, in reply to that communication, the Spanish Consul was informed that the hulk was in the possossion of the Vice-Admiralty Court, and that it was open to him to apply to that Court for such order as the justice of the case might require.

That that reply was not deemed satisfactory, and an interview took place between the Governor of Gibraltar and the Spanish Consul ou the 30th June, and further explanations took place, in the course of which the Consul was again urged to take steps in the Vice-Admiralty Court. That the Consul, however, abstained from doing so, and on the 10th July the bulk was sold by order of the Court, and realized only 501.

That on the 21st September the Governor of Algeciras transmitted to the Governor of Gibraltar a copy of the proceedings instituted by the Naval Jurisdiction at Algeciras, from which it appeared that it had been decided to make the claim direct to the Vice- Admiralty Court, and the Government of Gibraltar accordingly handed the proceedings to the Spanish Consul for that

purpose.

That the Consul, however, made no application to the Court.

That on the 30th October last, the Spanish Minister in London addressed a note to your Lordship, by instructions from his Government, demanding the restitution of the hulk, and that the reports on the case contained in the Colonial Office letters of the 18th November and the 17th December were thereupon obtained from Gibraltar.

That the Governor of Gibraltar, in his Despatch No, 185 (Colonial Office, the 17th December), pointed out that his Government" can in no way be held responsible or liable for acts committed by a private individual in foreign waters." But that a question would seem to arise whether, on receipt of the protest of the Spanish Consul, and on being made acquainted officially with the circumstances under which the hulk had been illegally removed out of the custody of the Spanish authorities, it was not the duty of the Governor to have brought the facts to the knowledge of the Vice- Admiralty Court through the proper Crown officer.

The Marquis de Casa Laiglesia, October 30; Colonial Office, November 18; ditto, December 17, 1885.

A 20491.-I. 25.-2/86. G. 37. Wt. 20695.