property was stolen and appropriated" by the crew of the "Gerona," but that these fiftytwo persons did not comprise the entire ship's company. The total number of the "Tornado" prisoners detained at Cadiz was fifty-eight. Of these, however, six persons escaped robbery, and did not therefore join in the before-mentioned affidavit. Their names are, William Drew, W. C. McPherson, Alexander Reid, John Simpson, Peter Garrioch, and John Woods. I may add that three of the above-mentioned fifty-eight prisoners were Portuguese subjects. From them I hold no powers, and on their behalf I put in no claim, because the Government of Portugal, although well aware that the "Tornado" was pursued and seized while within the neutral waters of Madeira, has seen fit to wink at that flagrant violation of its ex-territorial jurisdiction, and has hitherto failed to demand from Spain the reparation to which it is entitled, and which it is, indeed, bound to demand under its Treaties with this country.

For the sake of clearness, I beg leave to inclose a list of the fifty-five members of the crew for whom I am empowered to act, specifying the capacity in which each person was engaged.

As regards Mr. Hammond's explanation of the odd circumstance of Lord Stanley's informing Sir John Crampton, on the 18th of September, 1866, that "Mr. Campbell" was about to proceed to Madrid, I am still unable to comprehend how a statement unauthorized by me and contained in a letter from Messrs. Isaac, Campbell, and Co. to Lord Stanley, which was dated the 29th of September, 1866, and received at the Foreign Office only on the 1st of October, 1866, could have led his Lordship to write what he did, thirteen days prior to the receipt of that letter.

LIST of the Crew of the British screw-steamer "Tornado," detained Prisoners at Cadiz.

Sir,

Mr. Hammond to Mr. Forbes Campbell.

Foreign Office, March 9, 1870.

I AM directed by the Earl of Clarendon to acknowledge the receipt of your letter of the 28th ultimo, referring to the proposal that the case of the crew of the "Tornado "

should be submitted to the arbitration of His Majesty the Emperor of the French, or to some other impartial umpire; and in reply I am to refer you to the answer on this point contained in my letter of the 29th January, from which Lord Clarendon cannot depart.

I am, &c. (Signed)

E. HAMMOND.

No. 3.

My Lord,

Mr. Forbes Campbell to the Earl of Clarendon.-(Received March 19.)

74, St. James's Street, London, March 18, 1870.

I HAVE the honour to apply to your Lordship for copies of the Spanish text of the despatch of the Commander of the frigate "Gerona," dated 22nd August, 1866, and of the despatch addressed by the Vice-Consul of Spain at Madeira to the English Consul there, dated 29th August, 1866, translations of which are given at pages 12 and 17 of Part I of "Tornado" Correspondence, 1867.

On reference to page 42 of Part II of said Correspondence, I find that Mr. Hammond transmitted the Spanish text of the former, of these documents to the owners of the "Tornado," on the 26th of February, 1867. I have, however, been unable to obtain access to that copy, and am thus reluctantly compelled to make application to your Lordship for copies of the Spanish text of both these important documents, which establish facts whereby, as I am advised, the capture of the "Tornado" was rendered invalid ab initio.

Foreign Office, March 22, 1870.

IN reply to your letter of the 18th instant, I am directed by the Earl of Clarendon to inclose herewith copies of the Spanish text of the letter of the Commander of the "Gerona," dated the 22nd of August, 1866, and of the despatch addressed by the ViceConsul of Spain at Funchal to the British Consul at that place.

No. 5.

I am, &c. (Signed)

E. HAMMOND,

My Lord,

Mr. Forbes Campbell to the Earl of Clarendon.-(Received March 31.)

74, St. James's Street, London, March 30, 1870.

I HAVE the honour to acknowledge the receipt of Mr. Hammond's letter to me of the 22nd instant, inclosing copies of the Spanish text of the official despatch of the Commander of the "Gerona," dated the 22nd of August, 1866, and of the despatch from the Vice-Consul of Spain at Funchal to the British Acting Consul at that place, dated the 29th of August, 1866; and I beg leave to offer your Lordship my thanks for your courtesy in putting me in possession of the original Spanish of these documents.

Your Lordship will, I trust, pardon my pointing out a few of the inaccuracies and discrepancies in the translations of the before-mentioned documents, as laid before

Parliament.

For instance, in the Spanish Vice-Consul's despatch, of which two translations have been published, the one at page 3, and the other at page 17 of Part I of the "Tornado" Correspondence, Session 1867, the Spanish word "desahogando" is translated, in the former "with steam up," and in the latter "weighing anchor." "Desahogando" really means "lying."

In the same despatch the words "sin embargo de ser de primera marcha el ya citado 'Tornado'" are translated, at page 3, "without stopping the first course of the Tornado," and at page 18, "notwithstanding that the above-mentioned Tornado was some distance

off." I submit that the correct translation is, "notwithstanding that the aforesaid "Tornado' is of first class speed," or remarkably fleet.

Again, at page 3, the Spanish expression "el practico" is twice erroneously translated "a pilot," but at page 18 it is correctly translated," the health authorities."

The translation at page 3 runs as follows, "The Tornado was sent to Cadiz, manned by the Lieutenant Don M. de Bustillo, 1 ensign, 4 midshipmen," &c.; while that at page 13 says, "The Tornado' was manned to Cadiz by the first lieutenant, Don Manuel Bustillo, a second lieutenant, four marines," &c.

In the official despatch of the Commander of the "Gerona," the Spanish words "a las seis y cuarto" are rendered "half-past six," instead of a "quarter-past six" o'clock.

The Spanish phrase, "Al poco de aguantarme (se) en esta disposicion," which occurs in both documents, is translated at page 3, "after a short stay in that position;" at page 13, "I had been carrying out this plan but a short time;" and at page 18, "he had been advancing in this manner but a very short time." Thus, according to one version, my Lord, the Commander of the "Gerona" was stationary, according to another version he was "advancing," and according to the third version he was "carrying out a plan.”

I might point out many other equally gross inaccuracies, but the foregoing are sufficient to show how necessary it is that fresh faithful translations of these two important documents should accompany the further papers promised to the House of Commons by Mr. Otway.

The translations in question fill but two pages of the Blue Book, and I cannot forbear from observing that if the translations of the " Auditor's Report," which occupies 18 pages, and of other lengthy and barely intelligible Spanish legal documents, presented to Parliament, have not been prepared with greater care and accuracy than the two translations which I have examined and found to be faulty, they are indeed entitled to little or no reliance, and they may have misled the Law Officers of the Crown in the opinions they have been led to form on the "Tornado" case.

I have, &c.

(Signed)

D. FORBES CAMPBELL.

No. 6.

Mr. Forbes Campbell to Mr. Hammond.

Foreign Office, April 1, 1870.

Sir, I AM directed by the Earl of Clarendon to acknowledge the receipt of your letter of the 30th ultimo, in which you point out certain errors in the translations laid before Parliament of the two Spanish documents relating to the "Tornado," copies of which were furnished to you on the 22nd ultimo.

I am, &c.

(Signed)

E. HAMMOND.

No. 7.

Sir,

The Earl of Clarendon to Mr. Layard.

Foreign Office, April 4, 1870.

I TRANSMIT to you herewith a copy of a letter from Mr. Forbes Campbell, calling attention to certain errors in the translations laid before Parliament of two Spanish documents which formed inclosures in Sir J. Crampton's despatch of the 12th September,

1866.

I have to instruct you to ascertain by whom these translations were made; and if the gentleman who made them is still at Madrid, you will place them in his hands, together with Mr. Forbes Campbell's letter, for any observations he may have to make thereon.

(Signed)

I am, &c.

CLARENDON.

*No. 5.

My Lord,

No. 8.

Mr. Layard to the Earl of Clarendon.-(Received April 22.)

Madrid, April 9, 1870. IN obedience to instructions contained in your Lordship's despatch of the 4th instant, I have made inquiries as to the author of the translations of which Mr. Forbes Campbell complains, and I find that they were made by Mr. Hunt, the Clerk and Assistant to this Legation.

That gentleman has addressed a letter to me on the subject, a copy of which I inclose.

The inaccuracies pointed out by Mr. Forbes Campbell appear to be of no great importance; but I would venture to call your Lordship's attention to the necessity of obtaining the assistance of a professional translator, for whose services no charge is now allowed, when legal and other documents containing technical terms are to be translated, and especially when questions of gravity might arise upon their meaning.

The additional experience which Mr. Hunt has now acquired in the Spanish language enables him to translate, no doubt, with perfect accuracy any ordinary paper; but even he would probably be at fault if words only used by lawyers, seamen, or others in a technical sense were to occur, and the risk would be much increased if, in his absence, a Second or Third Secretary, who had only been in Spain a few months, had to translate them.

I cannot close this despatch without bearing testimony to the zeal and ability of Mr. Hunt, and of the great value of his services to Her Majesty's Legation, from which, during a period of nearly four years, he has only been absent for three months.

I have, &c.

WITH reference to the letter addressed by Mr. Forbes Campbell to the Earl of Clarendon, copy of which is inclosed in his Lordship's despatch to you of the 4th instant, I have to state that the translations of the "Tornado" documents therein mentioned were made by me.

Mr. Campbell complains of " inaccuracies and discrepancies" in the said translations. I would beg leave to state that I had, at the time of making them, been present but three months at this post, my first and only one in a Diplomatic Chancery; that, although then possessing a knowledge of the Spanish language, which I had acquired in the course of a residence of some years at Monte Video, I had not the official experience necessary for a complete acquaintance with technical expressions; and that, in consequence of the absence of a sufficient staff at this Legation (Mr. Baring, Attaché, and myself being the only two persons present in this Chancery at that time, and for months afterwards), the said translations had to be done hastily, and by dictation, that being the only means of preventing the other work, at all times heavy, from coming to a complete standstill. In support of this latter assertion I may state that, in order not to impede the progress of business, we (Mr. Baring and myself) remained at work on the said translations for the greater part of one night, i. e., until very nearly 3 o'clock A.M.

Some of the inaccuracies mentioned by Mr. Forbes Campbell occur in the translation of technical terms; others are evidently nothing but clerical errors, and the rest appear to concern mere detail, and not to affect the general bearing and sense of the documents.

With all deference to Mr. Forbes Campbell's judgment, I would venture to point out that in two instances at least I conceive him to be mistaken. The first meaning of the word "practico" is certainly "a pilot," and Mr. Forbes Campbell states that such a translation is erroneous. As to the word "desahogando," which Mr. Forbes Campbell positively asserts to mean "lying," I have consulted the Maritime Dictionary at the Ministry of Marine, and neither that word, nor the verb "desahogar," of which it is the present participle, is set down therein. The past participle "desahogado" I did indeed find, and it has no reference to "lying," but means "going before the wind," or "having sea-room.' Mr. Forbes Campbell appears to draw the inference that if there are mistakes in the said documents, the other translations in the case "are entitled to little or no reliance." I hope I may be pardoned if I venture to say that under the circumstances such an inference appears to be unjustifiable, and that it is, to say the least of it, surprising that Mr. Forbes

Campbell should have suffered years to elapse, and the case of the "Tornado" to have been almost fully disposed of before suspecting, and minutely searching for errors which may, he now supposes, "have misled the Law Officers of the Crown in the opinions they have been led to form on the Tornado' case."

In conclusion, I need not assure you how very much I should regret that errors made by me should in any way have caused prejudice; but the mistakes complained of are attributable only to my official inexperience at the time, and to the very insufficient number of hands then available at this Legation, but not in any way to carelessness and inattention on my part.

Foreign Office, April 18, 1870.

I HAVE received your despatch of the 8th instant, inclosing a copy of a letter addressed to you by Mr. Hunt with regard to the inaccuracies in the translations of the "Tornado" correspondence, to which Mr. Forbes Campbell has called attention; and I have to state to you that I accept Mr. Hunt's explanation as satisfactory.

No. 10.

I am, &c.

Mr. Forbes Campbell to the Earl of Clarendon.—(Received April 19.)

My Lord, 74, St. James's Street, London, April 18, 1870. WITH reference to the circumstances under which the seizure of the "Tornado" took place, I have now the honour to lay before your Lordship what appears to me to be conclusive evidence that the pursuit of that vessel was planned and commenced in the port of Funchal, and her seizure effected within the territorial waters of Madeira.

The report to the Spanish Minister of State (see page 11 of Part I of Tornado Correspondence, Session 1867) and the despatch (see page 12) from the Vice-Consul of Spain to the Civil Governor of Funchal, written "an hour-and-a-half" after the "Tornado" had sailed, and dated "Funchal, August 22, 10 P.M.," clearly establish the material fact that the "Tornado" left the Bay of Funchal " at half-past 8 on the night of the 22nd" of August, 1866.

The Commander of the "Gerona," in his official despatch (see page 13) asserts that "at half-past 10 at night" the "Tornado" was "four miles to the north of Cape Tristao." In disproof of that assertion I beg leave to refer your Lordship to the accompanying Admiralty chart of the Island of Madeira, from which it will be seen that, as is thereon certified by Captain Richards, R.N., the Hydrographer of the Admiralty, the distance from the Bay of Funchal to the place where Commander Escalera ålleges the seizure of the "Tornado" to have been effected, is no less than 32 nautical miles.

As the time occupied in the pursuit was, according to the Spanish report to the Minister of State, only two hours, namely, from "half-past 8" till "about half-past 10 o'clock," Commander Escalera attributes to the "Tornado" a speed of nearly 16 nautical miles an hour-a rate which no screw steamer afloat in 1866 was capable of performing.

It must moreover be borne in mind that the "Tornado" is a screw steamer of only 963 tons, and 350 horse-power, nominal, and that, being deeply laden with coal, required for her consumption on the passage to Rio de Janeiro, she was in bad trim. Her officers have sworn that her real rate of speed on the night in question was about 103 or at the outside 11 nautical miles an hour, and, as is set forth in the affidavit of the master and four of the officers (see page 8 of Part VII, Session 1867), the seizure was effected off Punta Faja da Ovelha, at a less distance than 2 nautical miles from the nearest shore, and consequently within the waters of Madeira. The correct spot is marked A on the accompanying chart of that island, and its distance from the nearest shore is certified by the Hydrographer of the Admiralty to be one and two-thirds (13) of a nautical mile.

I have further to remind your Lordship that a flagrant violation of the neutrality of