CO885-(13-15) — Page 2

PUBLIC RECORD OFFICE

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Reference :-

C.O.

885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

| COPYRIGHT PHOTOGRAPH-NOT IU|

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(3.) Whether the Governor possessed, by virtue of his office, and independently of any specific delegation, a general power of dispensing provisionally, and subject to the declaration of the Queen's pleasure, with the services of an officer appointed during pleasure, whose continuance in office he believed to be dangerous or detrimental to the public interests.

And that Mr. Bramston was to request that we would further state whether, in our opinion, under the circumstances placed before us, the interdiction issued against Mr. Hensman was valid, so as to render legal the official acts done by Mr. Burt after his appointment to perform the duties of the Attorney-General, and that we would favour with

you

observations that might occur to us either on the general questions submitted, or on this particular case.

any

In compliance with the request contained in Mr. Bramston's letter, we have the

honour to

•

Report

(1 and 2.) That in our opinion an order of interdiction is not necessarily invalid, because it is not issued in connexion with proceedings for the suspension of an officer; and that the Governor is empowered to interdict an officer under any circumstances which appear to him, in his discretion, to demand that, in the interests of the service, such officer should instantly cease to exercise the powers and functions of his office.

(3.) We are further of opinion that the interdiction against Mr. Hensman was valid, and therefore rendered legal the official acts done by Mr. Burt after his appointment as acting Attorney-General.

The Right Hon. E. Stanhope, M.P.,

&c.

&c.

&c.

We have, &c.,

(Signed)

RICHARD E. WEBSTER, EDWARD CLARKE.

21,231.

No. 78.

(JAMAICA.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

November 13, 1886, We were honoured with your Lordship's commands, signified in Sir J. Paunce- fote's letter of the 8th ultimo, stating that he was directed by your Lordship to transmit to us the papers noted relating to the proceedings of the Commander of the Spanish war vessel Almandarez off the shores of Jamaica.

That it would be seen from the despatch from the Spanish Consul at Kingston to the Colonial Secretary, dated July 19 (a copy of which was enclosed in the letter from the Colonial Office of the 20th instant), that the Commander of the Spanish vessel claimed the right of despatching armed boats from a man-of-war stationed in British territorial waters to the nearest point beyond the territorial limit, in order to patrol there, without thereby infringing the privilege of those waters.

That the Governor of the Colony, however, in the reply which he caused to be addressed on the 16th of August to that communication, stated "that it is considered a "breach of international law, and an irregular use of territorial waters that boats should pass from a man-of-war within our territorial limits, or from the shore, with a "view to aggressive action outside the limits."

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That your Lordship entertained some doubt as to whether that statement was not too broadly expressed, apart from the particular circumstances of the present case, in which there might be just grounds of complaint of the action of the Spanish Com- mander, and that your Lordship would be glad to be favoured with our opinion as to whether the Governor's letter should be approved in its entirety.

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

Report

That, in our opinion, the language of the passage quoted from the letter of the Colonial 'Secretary of the 16th August is not applicable to the circumstances of the

present case.

Although it is the undoubted right of every nation to patrol the high seas for the purpose of guarding its national and commercial interests, the stationing a vessel of war in the territorial waters of a foreign state, and making that vessel the base of operations of an armed patrol along the limits of these territorial waters, is an irregular and inconvenient use of those waters, and a practice which would justify the withdrawal of the permission by virtue of which the vessel-of-war is allowed to remain in such territorial waters.

The Earl of Iddesleigh,

&c. &c.

&c.

We have, &c., (Signed)

RICHARD WEBSTER. EDWARD CLARKE.

▲ 20491.--44. 15.-11/86,

PUBLIC RECORD OFFICE

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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

No. 78.

(JAMAICA.)

LAW OFFICERS to FOREIGN OFFICE.

November 13, 1886.

‣ honoured with your Lordship's.commands, signified in Sir J. Paunce- the 8th ultimo, stating that he was directed by your Lordship to the papers noted relating to the proceedings of the Commander of the 88el Almandarez off the shores of Jamaica.

d be seen from the despatch from the Spanish Consul at Kingston Secretary, dated July 19 (a copy of which was enclosed in the letter ial Office of the 20th instant), that the Commander of the Spanish he right of despatching armed boats from a man-of-war stationed in al waters to the nearest point beyond the territorial limit, in order to thout thereby infringing the privilege of those waters.

vernor of the Colony, however, in the reply which he caused to be , 16th of August to that comniunication, stated "that it is considered a ernational law, and an irregular use of territorial waters that boats 'om a man-of-war within our territorial limits, or from the shore, with a Baive action outside the limits." rdship entertained some doubt as to whether that statement was not essed, apart from the particular circumstances of the present case, in ht be just grounds of complaint of the action of the Spanish Com-

t your Lordship would be glad to be favoured with our opinion as to ernor's letter should be approved in its entirety.

o your Lordship's commands we have the honour to

Report

opinion, the language of the passage quoted from the letter of the ry of the 16th August is not applicable to the circumstances of the

the undoubted right of every nation to patrol the high seas for the ding its national and commercial interests, the stationing a vessel of torial waters of a foreign state, and making that vessel the base of armed patrol along the limits of these territorial waters, is an convenient use of those waters, and a practice which would justify f the permission by virtue of which the vessel-of-war is allowed to rritorial waters.

desleigh,

We have, &c., (Signed) RICHARD WEBSTER.

EDWARD CLARKE.

~

-11/86,

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