7135.
PUBLIC RECORD OFFICE
C.O.
Reference :-
885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 28.
(MAURITIUS.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, July 13, 1860. MY LORD DUKE,
We were honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 18th of May last, stating that he was directed by your Grace to request that we would take into consideration the accompanying papers, and favour your Grace with our opinion on them.
Sir Frederic Rogers was pleased to state that Captain Freemantle, of Her Majesty's Navy, had taken possession, in Her Majesty's name, of certain small islands called the Keeling or Cocos Islands, which had been previously occupied by an Englishman, Mr. Ross, accompanied by two or three European servants, and a number of Malay labourers introduced at his own expense for the prosecution of certain enterprises in which he was engaged, and that the only authority which was practically exercised in the islands was that of Mr. Ross.
That it is presumed that these islands must be held to be acquired by occupation and not by cession or conquest, and that the Englishmen there resident have carried with them so much of the English law as was applicable to the circumstances of the island, and, consequently, that Her Majesty had no legislative authority there.
That it is desirable to establish in them some species of legal authority, and in particular some mode of trying offences; and it is proposed to give to Mr. Ross the dignity of Lieutenant-Governor, and the power of trying minor offences and civil cases of small importance, and of sending more heinous offenders or more important cases to be tried at Mauritius.
Sir Frederic Rogers suggested that perhaps the easiest mode of effecting this would be by a qualified annexation of these islands to the Colony of Mauritius, but it was doubtful whether Her Majesty can by Her prerogative effect this annexation in respect of a possession acquired by occupation, or whether any authority short of an Act of Parliament can enable the Courts of Mauritius to try offences committed in the Keeling Islands.
That if an Act was to be passed it seemed very desirable to enable Her Majesty to take measures for the good government not only of the Keeling Islands, but of such other small acquisitions of territory as the British Government might make from time to time, without the necessity of passing a fresh statute in each case, a necessity which was both inconvenient in itself, and might sometimes invite objection or cavil from foreign powerв.
Sir Frederic Rogers added that under these circumstances it was proposed to take the following course:-
First (and immediately) by Letters Patent under the Great Seal to invest Mr. Ross with the office of Lieutenant Governor, and with the power of trying offences triable by quarter sessions and civil cases, where the value of the matter in dispute does not exceed one hundred pounds.
Next, to cause him to promulgate a proclamation announcing the appropriation of the island by Her Majesty.
Thirdly, to pass an Act of Parliament extending to this and other acquisitions of Her Majesty certain provisions already made by 6 Vict. c. 13., with regard to acquisi- tions on the coast of Africa, and enabling Her Majesty, by Order in Council, to empower the Supreme Court of any established Colony to take cognizance of all such suits, actions, or prosecutions arising in these small possessions, as it may be convenient to refer to them. Your Grace was pleased to direct drafts of these documents to be transmitted for our consideration, and to request us to inform you whether they would be effectual either in their present shape or with such modifications as might occur to us, for the purpose of providing for the maintenance of order and administration of justice in these islands, or whether we are able to suggest any preferable mode of effecting those objects.
In the consideration of this question, we were requested to bear in mind the impos- sibility of importing into a small society containing, probably, not more than a single person of education, anything beyond a rude mode of administering justice. In humble obedience to your Grace's commands, we have the honour to
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25.-2, 86,