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In obedience to your Lordship's commands we have taken the matter into our con- sideration, and have the honour to

Report

PUBLIC RECORD OFFICE

To Tz Ti

Reference :-

mimimC.O.

·885

14 PUBLIC RECORD OFFICE, LONDON

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

1. That, in our opinion in the existing circumstances the action of the Government of Newfoundland ought not to be supported.

It appears, on the whole, pretty clear that the goods in question were necessaries for the French Fishing Industry, and, looking to the fact that no exaction of duty has apparently ever previously been enforced in respect of such necessaries, and to the (unratified) arrangement of the 14th November 1885, which in Article 16 contains provisions exempting such necessaries, we do not think the Government would be wise without previous warning, and negotiation in insisting on the payment of the duties in question.

II. As to the protest of the French Government we respectfully suggest that Her Majesty's Government should, in the first place, determine whether they intend to support the Newfoundland Government in the future if they should depart from the previously pursued course of exemption, and if so, they should so notify the French Chargé d'Affaires, but as to the recent action of the Newfoundland Authorities taken: without notice, we do not think (as already stated) that it should be persisted in.

III. As to the right to exact duty on necessaries brought within Newfoundland or its territorial waters, we can only say that, apart from the unratified agreement, and the course hitherto adopted (both facts of great importance, especially as affecting the policy to be pursued), we find nothing in the papers before us to warrant the French Government in the exemption they apparently claim as a right; but the matter is one which requires fuller consideration than we have yet been able to give to it.

We think, therefore, the right of exemption claimed should be denied, but it would. we think, be desirable if some method could be devised for definitely settling by arbitration this, amongst other disputed questions, which have arisen between Her Majesty's Government and that of France, in reference to the Newfoundland Coast.

We have, &c. (Signed) C. RUSSELL.

JOHN RIGBY.

The Right Hon, the Earl of Rosebery, K.G.

&c.

&c.

&c.

435/94.

MY LORD,

No. 40A.

(GRENADA.)

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice, July 22, 1893. We were honoured with your Lordship's commands signified in Sir T. Villiers Lister's letter of the 27th ultimo, stating that he was directed to transmit to us papers relating to the claim of Mr. Christian Philip, a British subject, against the existing Government of Venezuela, for compensation in respect of a cart and eight mules taken from him by force April and May 1892, for the use of the Government troops, by Generals Luengo and Aniseto Cotua, who were in command of divisions of the forces of Venezuela under the Government of Dr. Palacio.

That the Government having been worsted by the revolutionary troops, another Administration was formed at Caracas under the Presidency of General Crespo, and that it was against General Crespo's Government that the present claim was advanced by Mr. Philip.

That the circumstances under which Mr. Philip's mules and cart were seized were explained in the document marked (A),* and that your Lordship was disposed to think that the claim was prima facie a good one on the merits, and that as it was understood that the value of a good cart-mule in the district where the seizure took place might be estimated at from 301. to 401., and that the cost of a cart was about 501., it did not appear that the damages, which were laid at 4001., and included the cost and expenses incurred by Mr. Philip in endeavouring to obtain the restitution of his property, were in any degree excessive.

But that in the present case a further question arose which it was necessary to consider, in regard to the responsibility of the existing Government of Venezuela for the acts of their predecessors.

That, as bearing on this point, Sir T. Villiers Lister was to call our attention to the view taken by Lord John Russell as to the non-settlement of claims of British bond- holders and others by the Mexican Government some thirty years ago.

That in writing to Sir C. Dilke on the 30th March, 1861, with reference to the non- payment of the loss sustained by the bondholders of a large sum of money belonging to them which had been deposited for security in the house of Her Majesty's Legation at Mexico, his Lordship had said :-

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Her Majesty's Government will not admit as an excuse for hesitation in this respect the plea that the robbery was committed by the late Government, for as regards this, as, indeed, all other claims, Her Majesty's Government cannot admit that the party who committed the wrong is alone responsible for wrongs done to British subjects by any party or persons at any time administering the powers of Government."

That during the sitting of the Commission appointed under the Claims Convent on with Venezuela of the 21st September, 1868, numerous claims were brought forward by British subjects on account of losses sustained by them for cattle, horses, and mules seized by the Government troops, and sums were awarded by the Commissioners and Umpires, although it was not clear from the record whether the Government holding office at the time when the awards were given was the same as that which was in office when the seizures were made.

That on the 6th March, 1854, the Venezuelan Government had issued a Decree declaring the Republic exempt from the obligation to make good to foreigners the damages and losses which their property might suffer in consequence of political commotions, but that the Law Officers of the Crown had expressed an opinion, on the 25th February, 1861, that such obligation, if it existed, was based on international law, which it was not competent to any State to abrogate by its own legislation.

0 79871.

• Governor of the Windward Islands, February 16, 1893. 25.-1/94. G. 21. E. & S.