11897.
PUBLIC RECORD OFFICE
זוויויו!
Reference :-
C.O. 885
10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
1.
No. 147.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
-
Gov. Jamaica,
Temple, December 9, 1862. MY LORD DUKE,
We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 18th November ultimo, stating that he was directed by your Grace to enclose for our joint consideration the correspondence noted in the margin respecting No. 70, March the legal position of the Caymans Islands in relation to the Government of Jamaica.
That the Caymans are situated about 30 leagues to the north-west of Jamaica, with castle, No. 444, which they are understood to have only casual means of communication by their fishing April 28, 1862. and trading vessels. The population of Grand Cayman, the principal island of the No. 459, Jane group, is stated to amount to about 2,000.
24, 1869. Duke of New-
6, 1867.
Gov., No. 66,
1862.
That the commissions granted by the Crown to the Governors of Jamaica extend to August 25, that island and its dependencies, but do not specify of what those dependencies consist U.8. Laws of and the only authority exercised by the Governors of Jamaica over the Cayman Islands Grand Cayman. has been the appointment from time to time of justices of the peace and officers of militia. The Caymans are not represented in the Assembly of Jamaica, and do not contribute to its revenue, nor does the Assembly legislate for the islands. The Jamaica laws in force affecting the Caymans relate merely to their trade with the Colony, and The Colonial do not involve the assumption of legislative authority over them. Attorney General, however, states that the Jamaica Statutes are "considered in force "by the justices, and perhaps by the population generally."
That, from the present papers, it appears that on the 5th December 1831 a public meeting in the Island of Grand Cayman determined to elect representatives for the purpose of framing local laws. Representatives were elected on the 10th and met on The magistrates also met and formed a separate the 31st of the same month. chamber.
That the two bodies together proceeded without the assent of the Crown or of the Governor of Jamaica to pass "Acts" professing to be enacted “by the representatives " and magistrates at Grand Cayman."
That in 1833 the authority of these chambers being questioned the magistrates and inhabitants addressed a memorial on the subject to the Governor of Jamaica. The Governor replied that he would refer the memorial to the Secretary of State, and recommended the memorialists in the meantime to proceed as theretofore in the The memorial was accordingly forwarded to this regulation of their concerns. Department, but no practical step was at that time taken in the matter by Her Majesty's Government.
That in 1837 the magistrates and inhabitants of the island" chosen by the suffrages of the people" passed a resolution in which, after reciting that they had no charter entitling them to meet under the designation of magistrates and representatives, they resolved that their public meetings should be thereafter designated meetings of the justices and vestry.
That at this time the position of affairs was again brought under the notice of this Department, and it was then in contemplation to apply to Parliament for an Act to enable His Majesty in Council to provide for the judicial and administrative govern- ment of the Caymans. Circumstances, however, appear to have prevented this intention from being carried into effect.
That from 1837 to 1840 resolutions of the vestry were substituted for Acts of the magistrates and representatives, and since 1840 no laws or resolutions have been passed.
Sir Frederic Rogers also stated that under these circumstances he was desired to request that we would take the correspondence therewith enclosed into our considera- tion, and favour your Grace with our opinion on the following points:-
1. Whether the Cayman Islands can safely be treated as within the legislative jurisdiction of Jamaica?
2. If not, whether they can safely be treated as beyond that jurisdiction, and, therefore, within the reach of the legislative powers of the Queen given by the Act. 23 & 24 Vict. c. 121. ?
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16978.-17.
25.-2 66.