*
PUBLIC RECORD OFFICE
Reference:
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
+
Righ" against the use of the British flag, and whether the local authorities at Savanilla should be informed officially that the "Libertador " is not a British vessel, in order to avoid responsibility, in the event of complications between Venezuela and Colombia, arising out of an abuse of the British flag.
There being, however, no information to show that the steamer has changed hands or ceased to be a British vessel, Mr. Hudson has been instructed (Paper E) to endeavour to ascertain-
1.
Whether she has been purchased by General Matos or any one else; if so, by whom, when, and where, and if transferred by bill of sale? and
2. Whether she is under charter to General Matos or any one else, and if so, what are the terms of charter?
Mr. Hudson reports (Paper F) that His Majesty's ship "Psyche " has proceeded to Savanilla for the purpose of investigating the matter, and the result will be duly communicated to you.
I am at the same time to transmit to you a letter from the Colonial Office (Paper G) inclosing copies of correspondence from the Governor of Trinidad on the subject of the Ban Righ." His Excellency inquires what action should be taken in the event of that vessel arriving in the Colony.
This being one of the questions raised in my previous letter, Lord Lansdowne awaits your reply thereto before returning an answer to the Secretary of State for the Colonies on this point.
Mr. Chamberlain has, in the meantime, been informed of the inquiries which have been addressed to the Acting Consul at Panamá, and a copy of your Report, when received, will be forwarded to the Colonial Office for his confidential infor ciation.
I have, &c.,
F. H. VILLIERS.
P.S. Since the above letter was written, the accompanying telegram (Paper H) has been received from the Acting Consul at Panamá.
A further telegram, copy of which is also inclosed (Paper I), has since been sent to Panamá, and a copy of the reply will be communicated to you as soon as it is received.
LIST OF PAPERS.
F. H. V.
(A.) Telegram from Acting British Consul, Panamá... January 27, 1902. (B.)
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5+
31
27,
}}
12
to
29,
"
}}
"J
from
30,
31
*
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21
to
"
"
31
23
February 1,
from
3.
19
+
11
January 31, February 7,
"
"
(G.) Colonial Office
(H.) Telegram from Acting British Consul, Panamá (I.)
to
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»
FOREIGN OFFICE to LAW OFFICERS.
Foreign Office, March 6, 1902.
GENTLEMEN,
I HAVE the honour to transmit to you, by direction of the Marquess of Lans downe, further papers, which I am to request that you will take into consideration with those already before you, relative to the proceedings of the steamship "Ban Righ."
You will observe from the last paragraph of the Colonial Office letter of the 5th March, that the contingency of the vessel's arriving in British waters may now
• Colonial Office, March 5, 1902. Mr. Haggard, No. 13, Telegraphic, March 5, 1902.
5
arise at any moment, and I am therefore to request that you will be good enough to favour Lord Lansdowne with your opinion on the various points involved at your earliest possible convenience.
I have, &c.,
LIST OF PAPERS SUBMITTED SEPARATELY. Telegram from Acting British Consul, Panamá Board of Trade
"1
Mr. Haggard, No. 10
No. 12
Acting British Consul, Panamá, No. 2, Political Admiralty
Colonial Office
Telegram to Mr. Haggard, No. 12 Telegram from Mr. Haggard, No. 15 Colonial Office
"
11
T
Telegram from Mr. Haggard, No. 16 Mr. Haggard, No. 26 Telegram from Mr. Haggard, No. 20
Report.
F. H. VILLIERS.
February 11, 1902.
"
11, 14,
13
January 24,
February 3,
JJ
25,
33
18,
"
19,
>
March
6,
9,
11,
12,
11
11,
19
February 18, March 14,
>>
We have delayed answering your letter as additional instructions have from time to time been sent to us until within the last few days. The information received in the last batch of documents puts an entirely new aspect on the case, that the "Ban Righ," under the name of the "Bolivar," is flying the Colombian It now appears national flag, and is ostensibly at least a Colombian man-of-war. Under these circumstances His Majesty's Government ought not to direct any action against this vessel even if the Venezuelan Government request that such action should be taken. If she is a Colombian public vessel any such action would be an act of war against Colombia.
There is no liability on the part of His Majesty's Government for any depredation committed by this vessel. The circumstances under which she was permitted to leave this country are such that no charge of negligence can properly be put forward by the Venezuelan Government against His Majesty's Government; and any use which has been made of the British flag since her arrival at Martinique, and the transfer there effected, has been merely a wrongful act for which His Majesty's Government is not responsible. The use of the British flag would render the vessel liable to seizure, but as she is now stated to be a Colombian public vessel no attempt should be made to enforce this liability.
It would appear that this vessel is carrying on hostile operations against the Venezuelan Government. Under these circumstances she ought not to be allowed to coal, or in any way fit out, in British ports, or in any way to use any British port as a base for her operations. If a state of formal war existed between Venezuela and Colombia, à Colombian man-of-war would be allowed to coal at a British port only for the purpose of proceeding home,* and would not be allowed to coal repeatedly except after adequate intervals. The fact that, although no formal war exists, she is engaged in hostilities of an irregular description seems to us to be sufficient ground for excluding her from British ports altogether unless she were in actual distress. His Majesty's Government cannot permit the British 'olonies to be made a base for operations of this description.
Royal Courts of Justice,
March 19, 1902.
R. B. FINLAY. EDWARD CARSON.
* ie., to the nearest port of her own nation.-W.E.D.
13113
B
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