Messrs. Sinclair, Hamilton & Co. to Earl Russell.—(Received February 17.)
My Lord: Referring to our letters of 4th and 29th January and 3d instant, we have again the honor to request your lordship’s attention to the subject of the coals belonging to Messrs. W. Anderson, Saxon & Co., taken from Penguin island by the United States steamer Vanderbilt.
We have to state in the first place that Messrs. Anderson, Saxon & Co. had agreed to supply the Vanderbilt, and had commenced putting coals on board [Page 302] in Table bay before she left for Angra Pequena, but the colonial authorities stopped the supply because the Vanderbilt had been previously coaled (also by Messrs. Anderson, Saxon & Co.) within the prescribed time.
It will be seen from the deposition of Mr. Shephard that Captain Baldwin was told at the time that the island was British territory, when he replied, “I cannot help it; I want coal and must have it.” And no doubt the coal he appropriated from Penguin island was a very seasonable supply.
Observing that a question has been raised as to whether Penguin island is British territory, we beg to enclose copy of Sir George Grey’s proclamation, dated 13th August, 1861, which we procured from the file at the colonial office, Downing street. It will be seen that the proclamation runs that her Majesty’s dominion and sovereignty was to take effect forthwith, and in pursuance of this a lease was granted in August, 1861, of Penguin island (and other islands adjacent) to certain British merchants, who have occupied the same ever since in the undisturbed exercise of their rights as lessees, which had previously been disputed; the proclamation, however, was subject to “her Majesty’s gracious confirmation and disallowance.”
The coals were placed on Penguin island by Messrs. Anderson, Saxon & Co., in the full confidence that their property would be under the protection of the British flag; and if it be true, that by some oversight the proclamation never was confirmed, neither was it disallowed, and up to the present time the islands in question have been treated as British territory by the government authorities at the cape.
We therefore submit that it would be a gross injustice if Messrs. Anderson, Saxon & Co. are to be deprived of all protection for their property in consequence of this oversight, and trust your lordship will support the claim which has been made upon the United States government.
We have, &c.,