PUBLIC RECORD OFFICE
19
Reference :-
TLC.O.
ויוייוז
885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Gov. Bayley,
No. 53, 13 May.
2
miles of the land;" but, assuming the inference to be correct, in fact such a capture would not be objectionable as occurring within British waters, which extend to the distance of three miles only from the shore. We have with reference to other Despatches and papers submitted to us advised more than once on the case of the Bermuda," which vessel has been carried in for adjudication before the prize court, "Ella Warley," we are and with reference to the capture of that vessel and of the unable to suggest any particular instructions or directions as proper to be given to the Governor of the Bahamas.
4
The question raised in the case of the "Time" is one of importance, and, as it appears to us, requiring prompt attention on the part of Her Majesty's Government. The principal matter of fact to be ascertained is, whether the restriction to which Messrs. Adderley have been subjected is one that is universally imposed on shippers under the like circumstances, or was exceptional in the particular case of those gentle- men. If the latter, and if it is not sanctioned by the letter of any general law in force at New York, the requiring of the bond was unwarrantable, and formal representations should be made on the part of Her Majesty's Government to that of the United States, and full explanations required. Should it be found, however, that the letter of the law so in force sanctions the act of the Customs authorities, or that such act was done in obedience to the directions of the executive, applicable alike to all exporters of coal, and for the purpose of preventing military supplies from reaching the Confederates (and it is to be observed that coal is an article ancipitis usus, which may or may not be destined to warlike purposes), then we think that no such ground of complaint exists as renders it the duty of Her Majesty's Government to interfere. We would add that the intercepted letter, of which a copy has been handed by Mr. Seward to Lord Lyons, and which would seem to implicate Messrs. Adderley in transactions with Confederates by means of their ships and cargoes, ought not, in our opinion, to be allowed to alter the course to be adopted towards those gentlemen by Her Majesty's Government.
We have, &c. (Signed) WM. ATHERTON.
ROUNDELL PALMER.
The Earl Russell.
6641.
MY LORD DUke,
No. 123.
(BRITISH COLUMBIA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, July 5, 1862. We are honoured with your Grace's commands, signified in Sir Frederic Rogers letter of the 3rd July instant, stating that he was directed by your Grace to submit the following matter for our consideration, viz. :-
That discoveries of gold, which are attracting large numbers of mining adventurers, having recently been made in British territory lying north of British Columbia and to the east of a strip of coast belonging to Russia, and this territory not being within tho limits of the legislative authority of any of Her Majesty's possessions abroad it, therefore, becomes necessary for Her Majesty's Government to take steps to ensure the maintenance of the public tranquillity there, to establish regulations for the occupation of the soil and the working of the gold fields, and to raise such small revenue as might be sufficient for the payment of magistrates and other necessary public officers.
Sir Frederic Rogers was pleased to add that your Grace apprehended that the Act of Parliament 22 & 23 Vict. cap. 26., "To make further provision for the regulation of the trade with the Indians, and for the administration of justice in the North-western Territories of America," would be applicable to the territory now in question; but it appeared to your Grace that, practically, it would be inconvenient to make use of that enactment, first, because the justices of the peace who are to administer justice must be appointed (as your Grace understands) by Her Majesty, and consequently from this country, whereas it would be convenient that appointments should be made promptly and pro re natá on the spot; secondly, because it gives no power of raising money to pay such justices.
That for these reasons your Grace believed that it would be found preferable to proceed by Order in Council under authority of the Act of Parliament 6 & 7 Vict. cap. 13., which was rendered applicable to the present case by 23 & 24 Vict. cap. 121., and your Grace has accordingly caused a draft of such Order to be prepared in your Department, a copy of which was annexed to Sir Frederic Rogers' letter; and he was pleased to request that we would favour your Grace with our opinion whether this mode of procedure appeared to us the one best adapted to secure the objects in view, and, if so, whether the draft Order in Council is proper and sufficient for the purpose.
In obedience to your Grace's commands we have considered these papers, and have
the honour to
Report
That we think the mode of procedure proposed by your Grace is the one best adapted to secure the objects in view, and the draft Order in Council (to which we have affixed our initials) is, in our opinion, proper and sufficient for that purpose.
We have, &c.
(Signed)
&c.
His Grace the Duke of Newcastle, K.G.
&c.
&c.
WM. ATHERTON.
ROUNDELL PALMER,
0 102:8-789. 25.-2'86.