7339.
hálnimuilm
PUBLIC RECORD OFFICE
། ། ༄། ། ། །
Reference :-
C.O. 885
10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
MY LORD,
No. 25.
(MAURITIUS.)
LAW OFFICERS to FOREIGN OFFICE.
Doctors' Commons, July 6, 1860. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 11th May last, stating that he was directed to transmit to us the accompanying papers upon the subject of the criminal jurisdiction hitherto exercised by foreign consuls in the Island of Mauritius, and to request that we would take these papers into consideration and report to your Lordship our opinion as to the course which it is expedient to pursue with regard to this practice.
In compliance with your Lordship's instructions we have taken these papers into consideration, and have the honour to
Report
That foreign consuls have no legal power or right whatsoever to order, or to authorise the arrest, detention, imprisonment, or punishment of any person whatsoever in any British prison or place of confinement; or to require or receive the assistance of the British authorities in carrying out within British jurisdiction, any sentence or order whether criminal or civil, which they may pronounce or issue, excepting in the case of desertion, and then only when, in accordance with the "Foreign Deserter's Act, 1852," 15 & 16 Vict. c. 26, Her Majesty has issued an Order in Council relating to the particular Government in question, and when the consul of such Government may regularly apply to the competent magistrate under the provisions of that statute and the Order in Council issued in accordance therewith.
The illegality and impropriety of allowing foreign consuls to exercise and enforce criminal jurisdiction in the Queen's dominions, much more of aiding them in so doing, is too obvious to require any further remarks on our part; a remarkable specimen of the serious abuses to which any such system is liable may be found in paragraph 14 of the Procureur General's letter of the 4th January 1860; from which it appears that the United States Consul at the Mauritius was in the habit of requesting the Colonial authorities to imprison offenders of his nation for indefinite periods, which requests were apparently always implicitly complied with; and the practice was only abandoned on the application of the present Procureur General.
It is painful to find that such unjustifiable practices should have been permitted and sanctioned by British authorities, under colour of British law, in a British Colony.
The consuls, gaolers, and all others concerned in such illegal and unjustifiable pro- ceedings, will, in our opinion, incur a severe criminal and civil responsibility in any British Court, and probably in any Colonial Court, before which civil or criminal pro- ceedings may be instituted by any party aggrieved.
It must, however, be clearly understood that our observations apply to British autho- rities assuming to carry into effect the orders or sentences of foreign consuls, as, for instance, by arresting or confining in British custody any persons against whom foreign consuls may assume to pass criminal or quasi-criminal sentences.
As regards all civil disputes, even as to fines, pecuniary penalties, confinement or restraint inflicted by consuls on board the ships of the nation which they represent, we do not recommend any summary or active interference whatsoever by the British authorities. If any such cases should become the subject of judicial investigation or of any legal proceedings whatsoever before any British civil or criminal tribunal, or any British magis- trates, the British executive authorities will of course give effect to the process and directions of such tribunals or magistrates; but otherwise they ought not to interfere until regularly applied to and put in motion in a legal and formal manner.
We would suggest that instructions in this sense should be sent to the Mauritius and that having regard to the usage which is stated to have so long (howsoever) prevailed in this Colony, reasonable notice (say three months) should be given by the Governor to the consuls by circular in the above sanse; and that during that interval great caution be used in carrying out any consular sentence.
The note of M. de Chateaurenard should also be answered in the same sense.
The Lord John Russell, M.P.
We have, &c.
(Signed)
J. D. HARDING.
R. BETHELL. W. WHARTON.
o 16978,-(97. 25.-2/86.