the port of Funchal was, on his own admission, committed by the Commander of the "Gerona," in employing a Spanish schooner, moored within the port of Funchal, to signal by means of blue lights, furnished by him, the departure of the "Tornado"-a proceeding which of itself rendered the subsequent seizure invalid. The attention of Her Majesty's Government was called to that acknowledged breach of international law by Mr. Collier, in a letter which he addressed to Lord Stanley so long ago as the 30th of March, 1867 (see page 3 of Part VII, Session 1867), but no representations upon this subject appear to have yet been made by Her Majesty's Government to the Government of Portugal.

I have also the honour to transmit to your Lordship an affidavit sworn (in the absence of the master) by the first mate of the "Tornado," as to the respective positions of the "Tornado," the "Gerona," and the before-mentioned Spanish schooner in the Bay of Funchal, at 8 P.M. on the 22nd of August, 1866. Annexed to his affidavit is an Admiralty chart of that bay, from which it will be seen that the "Gerona," lying in wait for the "Tornado," was at that time within three-fourths of a nautical mile from the nearest shore.

Had the crew been allowed a fair trial in open court, before a properly constituted tribunal, they could have established the preceding facts, but no such opportunity was afforded them by the Spanish Government. At the time of the second so-called trial (the citation to which bears date August 9, 1867), the crew were dispersed all over the globe, a contingency stated to be imminent in my letters to Lord Stanley of the 23rd and the 31st of May, 1867, and their case ought not to be prejudiced by "these fresh proceedings," taken behind their backs, which Her Majesty's present Attorney-General, in his opinion dated May 27, 1868, characterized as "very strange, not to say oppressive."

In the two last-mentioned letters to which I beg leave most respectfully to refer your Lordship, the crew expressed, through me, their readiness to give any further evidence that might be required; and they implored Her Majesty's Government, as their natural protectors, to maintain their rights during their involuntary absence at sea, and to enforce the claims already formally made in their behalf by Her Majesty's Government. In conformity with Sir John Crampton's instructions of the 9th of February, 1867, the British Consul at Cadiz, when he received the "Tornado" prisoners, was careful "to avoid the waiving or relinquishing the protests, or the effect of any protests, of the British Government respecting recent proceedings connected with the prisoners, or with the 'Tornado case generally" (see page 40 of Part II, Session 1867).

With such data before them, can the present legal advisers of the Crown hesitate to admit-as Sir Robert Collier has admitted-the crew's "well-founded claim for compensation?"

I have, &c.

Sir,

No. 11.

Mr. Hammond to Mr. Forbes Campbell.

Foreign Office, April 21, 1870. I AM directed by the Earl of Clarendon to inform you that your letter of the 18th instant, upon the subject of the "Tornado," is under his Lordship's consideration.

I am, &c.

Sir,

Mr. Hammond to Mr. Forbes Campbell.

Foreign Office, April 29, 1870.

I AM directed by the Earl of Clarendon to acknowledge the receipt of your letter of the 18th instant, in which you endeavour to show that the pursuit of the "Tornado" was planned and commenced in the port of Funchal, and her seizure effected within the territorial waters of Madeira.

In reply, I am to state to you that his Lordship must decline to enter into a discussion upon this point, which is one in dispute between the claimants and the captors.

I am to add that, as Her Majesty's Government have, after full and careful consideration, finally notified to the Spanish Government their acquiescence in the condemnation

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of the "Tornado," it is manifestly out of the question that they could, under any circumstances, reopen the case.

With regard to the claims of the crew to pecuniary compensation, I am to state to you that Lord Clarendon would be glad to be enabled to inform the Spanish Government, with as little delay as possible, whether their offer of a gratuity of 1,500l. will or will not be accepted.

I

am, &c.

My Lord,

Mr. Forbes Campbell to the Earl of Clarendon.—(Received April 30.) 74, St. James's Street, London, April 30, 1870. IN behalf of the late Master of the "Tornado," I have the honour to apply to your Lordship for a copy of the document read last night in the House of Commons by Mr. Under-Secretary Otway, and stated by that gentleman to be "in the handwriting of the captain of the ship Tornado,' "" in order that I may, without delay, expose the gross imposture which appears to have been practised upon Mr. Otway, to the serious prejudice of my constituents.

Mr. Collier took the command of the "Tornado" at Leith on the 6th of August, 1866, and he was the sole master of her from that date until the time of her wrongful seizure.

Official documents show that, on her previous voyage to Hamburgh and the Faroe Islands, the "Tornado" was commanded by one Cobby-not Holmes-and was manned by a totally different crew from that with which she sailed from Leith, bound for Rio de Janeiro.

I have, &c.

D. FORBES CAMPBELL.

(Signed)

No. 14.

Mr. Hammond to Mr. Forbes Campbell.

Sir, Foreign Office, May 5, 1870. I AM directed by the Earl of Clarendon to acknowledge the reccipt of your letter of the 30th of April, requesting to be furnished with a copy of the document read on the previous evening in the House of Commons by Mr. Otway with reference to the case of the "Tornado;" and I am to state to you in reply that the paper from which Mr. Otway read extracts was a memorandum taken down by himself of a communication made to him by Mr. Holmes, which memorandum was then read by Mr. Holmes, certified by him to be correct, and signed by him. It is therefore not a public document, subject, as such, to be communicated to other persons in copy; but I am to add that Mr. Otway has expressed his willingness to show this memorandum to Mr. Bentinck, or any other member of Parliament.

I am, &c.

Sir.

The Secretary to the Admiralty to Mr. Hammond.-(Received May 6.)

Admiralty, May 5, 1870.

I AM commanded by my Lords Commissioners of the Admiralty to forward here. with, to be laid before the Secretary of State for Foreign Affairs, the inclosed letter from a Mr. W. G. Shields, requesting information relative to any compensation which may be due from the Spanish Government to a man named Gowans, who was cook of the "Tornado."

Sir,

Inclosure in No. 15.

Mr. Shiells to the Secretary to the Admiralty.

55. Dick Place, Edinburgh, May 4, 1870. AS a member of the Edinburgh Association for Improving the Condition of the Poor, I have visited and given relief to a widow of the name of Gowans, residing at 9, Morocco Close, Canongate. She has a son residing with her who is in bad health and out of employment; he was cook on board the "Tornado," and states that he is entitled to compensation from the Spanish Government for illegal detention. If such is the case I shall be obliged by your forwarding to me any documents he may require to sign, and making me aware of what procedure is necessary to procure the money.

I am, &c.

Sir,

Mr. Otway to the Secretary to the Admiralty.

Foreign Office, May 7, 1870. I AM directed by the Earl of Clarendon to acknowledge the receipt of yourletter of the 5th instant inclosing a communication from Mr. Shiells respecting the claim of Gowans, late cook on board the "Tornado," to compensation from the Spanish Government; and I am to request that you will move the Lords Commissioners of the Admiralty to refer Mr. Shiells to Mr. Forbes Campbell, of 74, St. James's Street, who has acted as agent for the crew in this matter, and who was informed that the Spanish Government are willing to allow 1,500l. to the crew of the "Tornado," but who has not, as yet, returned any answer to the communication made to him on the subject.

I am, &c.

My Lord,

Captain Collier to the Earl of Clarendon.-(Received May 9.)

120, Commercial Road, Landport, Portsmouth, May 7, 1870.

HAVING seen in the newspapers of last week a debate on the "Tornado" case in the House of Commons, and Mr. Otway's statement to the effect that the Spanish Government had awarded the crew the sum of 1,500l. for our losses, and that Her Majesty's Government had acquiesced in the same, I take the liberty of asking your Lordship if you could grant me an advance of 60l. on my share, as I have found it next to impossible to obtain command of a ship without being able to provide myself with the necessary nautical instruments, &c., all mine, as your Lordship is aware, having been detained with the ship at the time of seizure.

I have now the offer of employment if I can get just a sufficient amount for a short voyage, and I have appealed to your Lordship as a last resource, in the hope that you may see fit to grant my request, trusting by the time I return the case may be settled.

Hoping that the length of time I have been without my instruments, viz., three years and a half, will be a sufficient apology for thus troubling you, I have, &c.

Sir,

(Signed)

EDWD. M. COLLIER.

No. 18.

Mr. Otway to Captain Collier.

Foreign Office, May 11, 1870.

I AM directed by the Earl of Clarendon to acknowledge the receipt of your letter of the 7th instant, in which you request his Lordship to grant you an advance of 60l. out of

your share of the sum of 1,500l. offered by the Spanish Government to the crew of the "Tornado;" and I am state to you, in reply, that Lord Clarendon regrets that he has no funds at his disposal out of which he could make you the advance you desire.

I am to add that Mr. D. Forbes Campbell (of 74, St. James's Street), who, Lord Clarendon understands, is acting for you and the crew of the "Tornado," was informed on the 16th of November last that the Spanish Government proposed to award 1,500l. to the officers and crew of the "Tornado;" but Lord Clarendon has not yet learned from him whether this offer will be accepted.

P.S.-I am to add that, on the 29th ultimo, Mr. Forbes Campbell was requested to enable Lord Clarendon to inform the Spanish Government, with as little delay as possible, whether the above-mentioned offer will or will not be accepted.

No. 19.

Sir,

Mr. Gowans to the Earl of Clarendon,-(Received May 14.)

Edinburgh, May 10, 1870.

IN answer to your question whether or not the crew of the steam-ship "Tornado" would accept of the indemnity offered by the Spanish Government, I, as one of the crew, would beg to suggest that you accept the money offered by them. I also beg to inform you that I had one month's longer imprisonment than any of the crew; I was compelled to serve the seven officers as cook and steward, being one month longer a prisoner than the rest of the crew, and therefore expect some extra remuneration, as I suffered in my health by my protracted and cruel treatment, being rendered incapable of following my occupation as a confectioner for upwards of one year. I also beg to inform you that I lost clothes and money to the amount of 161., taken from me by the Spaniards after the ship was seized, which I expect will be refunded to me. An answer at your earliest convenience will much oblige, yours, &c.

(Signed)

JOHN GOWANS,

Cook, Steam-ship "Tornado."

Sir,

No. 20.

Mr. Hammond to Mr. Gowans.

Foreign Office, May 17, 1870.

I AM directed by the Earl of Clarendon to acknowledge the receipt of your letter of the 10th instant; and I am to refer you for a reply to Mr. Forbes Campbell, No. 74, St. James's Street, London, who his Lordship understands claims to act on behalf of the crew of the "Tornado," and who has undertaken to communicate to them the offer made by the Spanish Government.

I am, &c.

My Lord,

Mr. Forbes Campbell to the Earl of Clarendon.-(Received May 23.)

74, St. James's Street, London, May 21, 1870.

I HAVE the honour to acquaint your Lordship that I am prepared, on behalf of the master, officers, and crew of the British screw-steamer "Tornado," to accept the sum of 1,500l. sterling in satisfaction of their claim upon the Spanish Government for money, clothes, and other property stolen from them, and appropriated by the crew of the Spanish frigate "Gerona," with interest thereon; but without prejudice to their other claims upon the Spanish Government, as these are set forth in the inclosures in my letter to your Lordship of the 22nd November last.

The general denial of the Spanish Government-if entitled to any weight-is

outweighed by the sworn depositions of the "Tornado's" crew, corroborated as these are by the evidence of Mr. Consul Graham Dunlop, and of Mr. Daniel McPherson, banker at Cadiz, as well as by the reiterated admissions of Admiral Quesada, in his conversations with Mr. Consul Graham Dunlop, which have been duly reported by the latter to your Lordship's Department, but not presented to Parliament.

The master and officers of the "Tornado" had in their possession at the time of her seizure, besides considerable sums of money, valuable chronometers, watches, nautical instruments, charts, and other personal property, no portion whatever of which has been restored to them. The tools and tool-chest of the poor carpenter, Robert Kinloch, worth 501., "were seized and kept by the Spaniards," as is certified by Mr. Consul Graham Dunlop. (See page 56 of Part II of "Tornado" Correspondence, session 1867.) With reference to this very hard case, Mr. Graham Dunlop reported as follows to Lord Stanley, on March 30, 1867:

66

Among these (victims) was the carpenter of the ship, a quiet, steady, hardworking man, named Robert Kinloch, shipped at Leith, whose chest of valuable carpenter's tools, bench, vice, &c., had been kept by the Spanish officials here, and are worth about 501., as noted in the affidavit. This man was one of those wantonly placed in irons. He has been sent home, in conformity with your Lordship's orders, but will be unable to obtain employment as a sea-going ship's carpenter without a sufficient chest of proper tools, which he is unable at present to purchase.

As his case is one of peculiar hardship, and of an exceptional character, and as he is an elderly married man with a family, I beg leave most respectfully to submit it to your Lordship's consideration."

At pages 2 and 3 of Part VIII of "Tornado" Correspondence, session 1867, your Lordship may read a letter dated May 1, 1867, from Robert Kinloch, a certificate from Mr. Consul Graham Dunlop, and a letter from Mr. A. C. Stirling Murray Dunlop, M.P., assuring Lord Stanley that Kinloch "is a truly respectable man, whose statements may be relied on."

I have the honour to inclose copies of these three documents, and beg leave most respectfully to ask your Lordship whether a claim thus clearly made out is to be abandoned because, forsooth, the Spanish Government has the brazen effrontery to "reject, en bloc, the imputation brought against" the "Gerona's" crew and the Spanish officials?

With respect to the losses of Mr. Collier, and the other members of the "Tornado's” crew, I need only observe that these losses have been as clearly proved as that of poor Kinloch, and it may be said of them, Ex uno disce omnes.

14, Finnieston Lane, Glasgow, May 1, 1867.

I HAVE the honour to inclose to your care a letter from a Member of Parliament addressed to the Right Honourable Lord Stanley.

I also beg to submit the following statement for your consideration, and to inclose a copy of a certificate which I received from A. Graham Dunlop, Esq., Her Majesty's Consul in Andalusia, the original of which I can forward to you if necessary.

I joined the British steamer "Tornado" in the month of August last at Leith, and took with me my chest of tools-my own private property-worth about 50%. sterling. You are already aware of the illegal capture of the vessel and subsequent imprisonment of the crew by the Spaniards. At the time of the capture I was put in irons. For six weeks after that I was denied water to wash myself with, and could not get my clothes changed. During these six weeks I and my companions had to lie on bare floor between decks without a covering, and the Spaniards, whose hammocks were slung above, spat upon us, and used us in the most degrading way, heaping every insult upon us that they possibly could.

I was four times examined by the authorities there, but as I did not understand the questions put to me, I would not swear to anything at all, and I cannot tell what answers they might put down to my name. I offered to answer all questions they might put to me if they would examine me through the British Consul or any other Englishman who understood their language. During the time that I was there the Spaniards stole a great