"
PUBLIC RECORD OFFICE
C.O.
Reference -
.885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
1.
No. 52.
Same might be done by Order ía Conoril.
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request that we would favour you with our advice for your guidance on the following subject :—
The French Government have been for some time in treaty for the purchase of the lands on which the tomb of Napoleon at St. Helena, and his residence at Longwood, stand; and that it was proposed, in correspondence on the subject between the two Governments, that a French gentleman, named by that of France, should become the proprietor of the soil, and conservator of the house and monument, and that for this purpose he should have conferred on him "such of the privileges of naturalization within the Colony of St. Helena (under the Alien Act 10 & 11 Vict., cap. 83, sec. 2) as would enable him to hold the lands in question."
Mr. Merivale was pleased further to say that the French Government have since expressed a wish, "that the Act of the Legislative Council which shall operate the transfer, shall vest the land either in the person of the Emperor or in his Government.
Having regard to the terms of the Alien Act, Mr. Merivale further stated, that he was to request that we would inform you whether this purpose can.be legally effected; and if it can, that we would specify, for the guidance of the Governor, the outlines of the provisions which we think adapted for the purpose.
In obedience to the request contained in Mr. Merivale's letter, we have taken the matter into consideration, and have the honour to report that it appears to us that the object proposed may be effected by an Act of the Legislature of St. Helena.
It would be more convenient, and more in accordance with the rules of English law as to the tenancy of land, that the tomb and the enclosed piece of ground within which it stands, should be vested, by an Act of the Legislature of St. Helena, in certain persons as trustees for the French Government, on whom the privilege of being a Body Corporate might be conferred, and whose rights and duties, with regard to the subject of their trust, might be defined, according to the wishes of the Emperor, in the instrument of incorporation; but, if a different mode is more acceptable to the French Government, there can be no difficulty in passing an Act of the Legislature of St. Helena vesting the tomb, &c., in the present Emperor and his heirs for ever, as his and their absolute property; and for that purpose conferring on the Emperor and his heirs the privileges of naturalization within the Island of St. Helena.
If this simple mode of procedure be preferred, the tomb and its appur- tenances will belong to the Emperor and his heirs, in the same manner as a private estate would belong if, being naturalized, he had purchased an estate within the island; but it is possible that some special powers and exemptions may be desired to be obtained by the French Government with regard to the care and superintendence of the tomb, and we would, therefore, suggest that the French Government be requested to state more fully its intentions as to the future superintendence and control of the property, which will enable us to state more specifically what particular clauses or provisions it will be desirable that the proposed Act of the St. Helena Legislature should contain.
We have, &c.
The Right Hon. H. Labouchere, M.P.,
&c,
&c.
&c.
(Signed)
No. 52.
J. D. HARDING. RICHARD BETHELL,
Copy of LETTER from the LAW OFFICERS of the CROWN to Mr. Secretary LABOUCHERE.
SIR,
Doctors' Commons, December 19, 1857. WE were honoured with Mr. Merivale's letter of the 8th of December instant, in which he stated that with reference to our letter of the 31st of March last, on the subject of the proposal of the French Government to obtain the property in the tomb of Napoleon, and his residence at Longwood, he was
59
directed by you to request that we would take into consideration the inclosed copy of a further communication from the French Government on the subject, and favour him with our opinion, whether the desire therein expressed can be legally carried into execution; and if so, to point out in what manner.
In compliance with the request contained in Mr. Merivale's letter, we have taken into consideration the further communication from the French Govern- ment, and have the honour to report-
That according to the principles of the English Law of Real Property, there are no means of conveying the property in question to the French Govern- ment, otherwise than by transferring it to the Emperor and his heirs.
This latter form of transfer will be legal. An Order in Council directing that the estate shall be assured to the Emperor and his heirs, will be proper to
be made, having regard to the Statute of 1833, by which the Island of St. Helena 3 & 4 Wm. IV,
is vested in the Crown, to be governed by Orders in Council.
The Emperor may then, by an Imperial Decree, declare that he holds the property in trust for the French nation, or otherwise, as His Majesty may think fit.
We have, &c. (Signed) J. D. HARDING.
The Right Hon. H. Labouchere, M.P.,
&c. &c.
&c.
No. 53.
RICHARD BETHELL. HENRY S. KEATING.
Cory of a LETTER from the QUEEN'S ADVOCATE to Lord STANLEY,
MY LORD,
Doctors' Commons, March 9, 1858.
c. 85, s. 112.
No. 53.
I AM honoured with Mr. Merivale's letter of the 23rd February ultimo, Slave Trade, vessel stating that he was directed by Mr. Labouchere, Her Majesty's late Secretary condemned as
of State for the Colonies, to send me copy of a despatch from the Governor of engaged in, cannot St. Helena, reporting, for approval, proceedings which he has taken as to the be sold to private disposal of a captured slaver, brought in by Her Majesty's ship "Alecto;" and persons. to request that I would report my opinion whether that approval can be properly given (regard being had especially to the provisions of the Statute 2 & 3 Vict., cap. 73, sec. 5), and, if not, to state the reasons why such approval must he withheld, and to suggest instructions for the Governor's guidance.
In obedience to the above commands, I have the honour to report- That having regard to the Statute 2 & 3 Vict.. cap. 73, I am of opinion that approval cannot be given to the proceedings and proposal of the Governor of St. Helena.
The requirements of the Statute (sec. 5) are imperative: "Any ship or vessel condemned," in accordance therewith, "may be taken into Her Majesty's service," on payment of a proper price; but if "not so taken," she must be broken up and entirely demolished, and the materials publicly sold in separate parts. Neither of these courses has been followed in the present case.
The object of the Statute seems to have been, to provide that condemned slavers should be either destroyed, or taken into and retained in " Her Majesty's service," in order to prevent the possibility of their being ever again employed as alavers. The allowing them to be either purchased (whole), in the first instance, by private persons, or to be resold out of Her Majesty's service to private persons, would not, therefore, in my opinion, be reconcileable with the words, or with the spirit and intention, of the Statute.
The purchase of this vessel by Messrs. Solomon and Co. was in violation of the Statute; but as this was (apparently) done under the authority and with the approbation of the Governor, I can only suggest that he should be instructed to repurchase her at the same price, but that she must be either broken and the materials sold in separate parts, or "taken into Her Majesty's service," and
up, kept in that service.
The Bishop, Messrs. Solomons, or any other persons, may be permitted the occasional use of her, whilst in Her Majesty's service, for such purposes and
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