HL Deb 31 May 1867 vol 187 c1368

In answer to The Marquess of CLANRICARDE,

THE EARL OF DERBY

said, that he should in a very short time be able to lay before the House some papers relating to the case of the Tornado. At the present time it would not be proper to enter at length into the subject introduced by the noble Marquess; but he might say that the Spanish Government had, in the first instance, in answer to our inquiries whether a new trial would be granted, said that they could say nothing then, but would await the result of the appeal to the superior Court and abide by it, whatever it might be. We answered that it would rest entirely with the Spanish Government to say before what tribunal the case should be heard, but that we absolutely insisted upon the nullity of the former proceedings, and upon having a new trial at which the parties concerned might be heard. I am happy to say that we received from the Spanish Government an intimation that their superior Court had, upon consideration of the case, adjudged the proceedings null and void, upon the ground that the case should not have been treated judicially, but administratively; consequently, if a new trial were to take place, it must be before a different tribunal. In the meanwhile the Spanish Government had not refused a new trial. He believed it was the owners of the Tornado that had protested against a new trial, desiring that the case should be decided in their favour on technical grounds, and not according to its merits. On that point Her Majesty's Government did not think that they ought to support their claim. A new trial would, however, take place, and it was to be hoped that it would result in a satisfactory solution of the question.