CO885-(13-15) — Page 463

18939.

(Confidential.)

MY LORD,

No. 111A.

(BRITISH NORTH BʊRNEJ.)

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice, July 2, 1896. WE were honoured with your Lordship's commands, signified in Sir P. Anderson's letter of the 19th ultimo, transmitting to us, by your Lordship's direction, the papers, noted in the enclosed list, relating to proceedings in coexion with certain deserters from the Spanish Army in the Philippines, who had! .ken refuge in the territory of British North Borneo.

In obedience to your Lordship's commands we have taken the papers into our consideration and have the honour to-

Report-

That, we agree in the condemnation by the Company of the stratagom employed by Mr. Jones to induce the mutineers to lay down their ares.

We do not think that any fault could have been found with the Company for merely handing over the mutineers to the Spanish Comm. dore, ground for supposing that such a surrender would be contrary to the laws of British It appears that there is no North Borneo. It is quite clear that any State, unless it has fettered its action by its own municipal laws, is at liberty to arrest foreign criminals who have landed on its territory, and to hand them over to the authorities of their own country. This may be a necessary measure of self-protection.

It does not sufficiently appear whether there is anything in the laws of British North Borneo which rendered a trial necessary before handing over the mutineers to the Spanish Commodore. Of course, if there is, the municipal laws of the territory have been violated, but we must point out that any trial would, under the circumstances of the case, have been a mere formality. There appears to be not the slightest doubt that the men were mutineers, who had murdered their officers, and who had established themselves in the territory of British North Borneo, with arms and ammunition, under such circumstances as to be a source of terror and disturbance in the neighbourhood.

The British North Borneo Company has no relations with foreign Powers, and the phrase "Comity of Nations" is not strictly applicable as between the Company and Spain. The question of international relations is for the protecting Power, viz., Great Britain.

We think that the authorities of British North Borneo were justified in availing themselves, without previous communication with Her Majesty's Government, of the offer of the Spanish Commodore to assist in arresting the mutineers. The case was one of emergency, and disaster might have ensued if the delay necessary to communicate with Her Majesty's Government had been permitted. under which the assistance of the Spanish Commodore was rendered were most The circumstances unfortunate, but if proper precautions had been taken, we see no reason to think that it would have been improper for the authorities of British North Borneo to accept Spanish aid.

The Marquess of Salisbury, K.G.

We have, &c.

RICHARD E. WEBSTER. ROBERT B. FINLAY.

90536.-28. 25.-8/96.

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

14 PUBLIC RECORD OFFICE, LONDON

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

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