54
jurisdiction of the Chiefs cannot be legally dealt with by Her Majesty, as is, by
error, stipulated in the Treaty,
We have, &c. (Signed)
J. D. HARDING. A. E. COCKBURN, RICHARD BETHELL.
The Right Hon. the Secretary of State
for the Colonies.
• Jn.
55
Natal.
No. 48.
No. 48.
No. 47.
Slave Trade, de- tention of a vessel
suspected of being
engaged in, by
private person, not
lawful under
5 Geo. IV. c 113. *. 43.
No. 47.
Cory of a LETTER from the LAW OFFICERS of the Crows to Mr. Secretary
SIR,
LABOUCHERE.
Doctors' Commons, January 23, 1857. WE were favoured with Mr. Merivale's letter of the 18th of December last, in which he was directed by you to transmit to us a copy of a despatch from the Governor of Sierra Leone, forwarding a correspondence relative to an alleged slave-canoe seized within the waters of the Colony by the Acting Collector of Customs, and released by the Acting Judge of the Vice-Admiralty Court there.
Mr. Merivale was pleased to state, that it appears froin these papers (omitting minor points) that the canoe in question having on board articles which might raise the suspicion of her being employed in the Slave Trade, was detained by a private resident in the Colony, Mr. Davis, until the arrival of Mr. Pike, the Collector of Customis, who took possession of her.
Mr. Merivale also stated that Mr. Montagu, the Acting Judge, was of opinion (although, as he expresses himself in his letter of the 15th October, with some doubt), that the Act 5 Geo. IV, cap. 113, has not empowered "any unautho- rized person" to detain a canoe, and that the subsequent seizure by the Collector of Customs did not render valid the previous detention.
Mr. Merivale was also pleased to add, that he was directed by you to request that we would favour you with our answer to the question whether the opinion of the Acting Judge was correct.
In compliance with the request contained in Mr. Merivale's letter, we have perused the correspondence transmitted to us, and have the honour to report-
That although we are of opinion that the Statute 5 Geo. JV, cap. 113, sec. 43, does not empower any persons other than those mentioned in that section, or duly deputed and authorized as therein directed, to seize or detain vessels (including canoes) and slaves or persons; and although no subsequent valid seizure can, strictly speaking," render valid" a previous unauthorized detention; we are nevertheless of opinion that the subsequent seizure by the Collector of Customs in this case was not rendered invalid by the fact of the previous irregular detention.
The proceedings before the Judge were at the suit of the Crown upon a valid seizure by the Collector of Customs; and we do not, therefore, consider that the opinion of the Acting Judge was correct.
We have, &c.
J. D. HARDING.
RICHARD BETHELL.
The Right Hon. H. Labouchere, M.P.
&c.
&c.
J. STUART WORTLEY.
&c.
COPY of a LETTER from the LAW OFFICERS of the Cnown to Earl GREY.
MY LORD,
Doctors' Commons, July 3, 1850.
WE were honoured by your Lordship's commands contained in Mr. Meri- Aliens may be vale's letter of the 4th ultimo, in which he stated that he was directed by your empowered by the Lordship to transmit to us the inclosed copy of an Ordinance recently passed by Colonial Legisla the Legislature of the Colony of Port Natal, for imparting to aliens residing within of trust. the district of Natal some of the privileges of naturalization," in order to obtain our opinion on a question which this Ordinance appears to raise.
By section of this Ordinance, it is provided that upon taking the oath,
" and obtaining the certificate hereinafter prescribed, every alien now residing in, or who shall hereafter come to reside in the district of Natal, with intent to settle therein, shall enjoy all the rights and capacities which a natural-born subject of Her Majesty can enjoy or transmit, except that such alien shall not be capable of becoming a member of the Executive or Legislative Councils of the said district."
By the Act 12 & 13 Wm. III. cap. 2, sec. 3 (enforced by 1 Geo. I, statute 2, cap. 4, sec. 2), aliens are disabled, even after naturalization, from enjoying any office or place of trust, civil or military, and from having any grant of land from the Crown.
But by the Act 10 & 11 Vict., cap. 83, for the naturalization of aliens, it is enacted (sec. 2), "that all Laws, Statutes, and Ordinances which shall hereafter be made and enacted by the Legislatures of any of Her Majesty's Colonies or possessions abroad, for imparting to any person or persons the privileges or any of the privileges of naturalization, to be by any such person or persons exercised and enjoyed within the limits of any such Colonies and possessions respectively, shall, within such limits, have the force and authority of law, any law, statute, or usage to the contrary in any wise notwithstanding."
Mr. Merivale then stated that the question, therefore, on which he was instructed to request our opinion was, whether an alien, naturalized in Natal according to the manner prescribed in this Ordinance (which passed subsequently to 10 & 11 Vict., cap. 83), would be able to enjoy an office or place of trust (except such as are specially excepted in the Ordinance), and to take a grant of land from the Crown.
Mr. Merivale concluded by saying he was directed to subjoin a Memorandum which was drawn up in the Colonial Office on the legal state of Colonial aliens, prior to the passing of 10 & 11 Vict., cap. 83; and a Circular to the Governors of the Colonies, which was transmitted after the passing that Act; and also a copy of an opinion given by the Queen's Advocate-General, and the Attorney- and Solicitor-General, on the 25th May, 1840, on the subject of a Mauritius Naturalization Ordinance.
In obedience to the commands of your Lordship, we have taken the papers into our consideration, and have the honour to report-
That in our opinion an alieu naturalized in Natal, according to the manner prescribed in this Ordinance, would be able to enjoy an office or place of trust, except such as are specially excepted in the Ordinance, and to take a grant of land from the Crown.
The Right Hon. Earl Grey,
&c.
&c
&c.
We have, &c.
(Signed)
J. DODSON. JOHN JERVIS. JOHN ROMILLY.
ture to hold offices
PUBLIC RECORD OFFICE
Reference :-
ILTIC.O.
885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
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