PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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No information to which reliance can be attached is available as to the move- ments of the "Ban Righ "after she left European waters; but a telegram was received from His Majesty's Minister at Caracas on the 1st instant reporting that she was stated to be at Martinique, and that the Venezuelan Government had issued a Proclamation declaring her to be a pirate, and purporting to authorize any public ship or any private ship bearing Venezuelan letters of marque to capture her, and had offered the vessel and her cargo as a prize to the captor, together with a reward of £2,000 (Paper O). From information subsequently received from His Majesty's Minister, and from the Commander-in-Chief on the North America and West Indies Station, it appears probable that this action on the part of the Venezuelan Govern- ment was based on a suspicion or conviction that the "Ban Righ was intended to be used against them by one of the parties now in a state of rebellion against the de jure Government of the Republic under General Castro's Presidency, and was about to land arms, and possibly men, on some point of the Venezuelan coast (Papers P, Q, and R). His Majesty's Consul at Martinique, who was requested to telegraph information relative to the proceedings of the vessel during her stay at that island and her subsequent movements, reported that she had cleared under the British flag for Colon. The master and three British subjects were on board, the rest of the crew having returned to Southampton on the 2nd instant (Papers T and U).
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The register of the "Ban Righ," a copy of which (Paper V) has been obtained through the Board of Trade, shows that the vessel was built at Govan in 1870, was registered at Aberdeen in 1888, was bought by Mr. Rudolph de Paula on the 26th October, 1901, and registered in his name as sole owner on the 29th of that month. It has further been ascertained, by inquiry at the Home Office, that M. R. de Paula is a Prussian by birth, and became a naturalized British subject in 1876. The "Ban Righ" has not, so far as His Majesty's Government are aware, been handed over either to the Colombian Government or to any private Colombian citizen, nor is there any evidence to show that she has ceased to be on the British Register and entitled to fly the British flag. She was last seen, according to a recent telegram from His Majesty's Minister at Carácas, some 450 miles off the coast of Venezuela, and was stated to have been engaged in smuggling arms, but under what flag was not known (Papers R and S).
A further and separate reference will ultimately be made to you as to whether proceedings should be instituted against the registered owner, or any other persons, The for an infraction of the provisions of "The Foreign Enlistment Act, 1870." scope of the present reference is confined to the consideration of the immediate aspects of the case, and of the action which may be necessary for dealing with it. With this object, I am directed to invite your special attention to the following points:
It has been suggested that the "Ban Righ" (which, according to the public prints, has been renamed the "Libertador ") may probably commit depredations on the coasts of Venezuela while still under the British flag.. His Majesty's ship Tribune" is now at La Guaira, and the Lords Commissioners of the Admiralty have been requested by the Captain to furnish him, by telegraph, with instructions as to what action, if any, should be taken in the event of the "Ban Righ" being attacked by Venezuelan vessels of war (Paper-W)—(A) on the high seas; or (B) in the. territorial waters of Venezuela. The Captain has been given temporary instructions to the effect that no protection is to be given to the "Ban Righ" either inside or outside Venezuelan waters, but that British life and property should be protected if disturbances arise; and that further instructions will be sent if found necessary (Paper X).
It seems clear that, in these circumstances, a British man-of-war would have no legal justification for proceeding into Venezuelan territorial waters for the purpose of capturing or restraining the "Ban Righ" (even if she were otherwise justified in so doing) except at the invitation or on the appeal of the Venezuelan Government.
But the further questions arise-
1. Whether, if such an appeal be made, it is either justifiable or desirable that the "Tribune" should accede to it.
2. Whether, in the event of depredations being committed by the "Ban Righ" while she is still under the British flag, any liability on the part of His Majesty's Government to compensate persons injured thereby would arise.
3
3. If a British man-of-war should fall in with the Ban Righ" sailing under the British flag on the high seas, after she had committed acts of violence within the territory of Venezuela, or if, in such circumstances, she should visit, for the purpose of revictualling or otherwise, a British Colonial port-what action, if any, is desirable.
Search has been made in the archives of this Office for precedents which might be of assistance in dealing with these questions, but none precisely in point have been discovered.
The Admiralty have also been requested to furnish details as to any cases which appear to be relevant, but they have hitherto not been able to supply further information on the subject.
I am to request that you will take these papers into your consideration and favour Lord Lansdowne with your opinion on the questions submitted in this letter, and with any observations of a more general nature which you may be disposed to. offer on the matter.
I have, &c.,
(A.) Customs (B.) Admiralty (C.)
(D.) Customs
(E.) Admiralty
(F.) To Señor Ponce
(G.) Senor Ponce
F. H. VILLIERS.
LIST OF PAPERS.
November 8, 1901.
31
9,
"
12,
1
"
14,
31
19
14.
31
"
15,
15.
*
17
"
15,
"
21,
"
17
"
23,
35
27
22,
23
32
28,
"}
$1
30,
(II.) To Messrs. Haggard and Welby (Telegraphic)
(I.) Mr. Haggard (Telegraphic)
(J.) Mr. Welby (Telegraphic)
(K.) To Customs
(L.) Customs
(N.) Mr. Leveson Gower (Telegraphic)
(M.) Consul-General Perry (No. 22)
(0) Mr. Haggard (No. 14. Telegraphic)... (P.)
(No. 178. Confidential).. (R.) Mr. Haggard (No. 1. Telegraphic) (S.)
(No. 2. Telegraphic)
(Q.) Admiralty
(T.) To Consul Japp (Telegraphic)
(U) Consul Japp (Telegraphic)
(V.) Register of " Ban Righ." (W.) Admiralty
(X.) Admiralty to British Naval Officer, La Guaira
GENTLEMEN,
21,
"
January 1, 1902. November 26, 1901.
January
9, 1902.
12,
12,
**
10,
17
"
11,
}
71
10, 11,
91
"
FOREIGN OFFICE to LAW OFFICERS.
Foreign Office, February 8, 1902.
I HAVE the honour to transmit to you, by direction of the Marquess of Lans downe, further papers, as noted in the accompanying list, which I am to request you will take into your consideration in connection with my letter of the 18th ultimo. relative to the case of the steamship "Ban Righ."
"
From the telegrams which have been received, subsequent to the information already supplied to you, it will be perceived (Paper A) that the steamship " Liberta- lor formerly the " Ban Righ," flying the British merchant flag, has visited Savanilla. having on board the Venezuelan insurgent leader, General Matos, who declares himself the owner of the vessel.
In these circumstances Mr. Hudson, the Acting British Consul at Panamá, has inquired (Paper D) whether a protest should be made to the master of the "Bar.
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