With reference to your minutes of the 6th and 7th instant (No. B/1/36), I do not think that any offence is committed by persons joining or encouraging others to take part on the side of Insurgents in Spain.

The Foreign Enlistment Act of 1870, even if it applies here, which is doubtful, does not prohibit persons from taking part in a civil war such as this.

It was obviously passed for the purpose of preventing Englishmen joining either side in the Franco-Prussian War.

It deals altogether with wars between two States with which Her Majesty is at peace.¹

If it is desired to prevent Irish citizens from taking part in the Spanish Civil War, legislation should be passed to effect this object.