PUBLIC RECORD OFFICE
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Reference :-
C.O. 885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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3. If the matter is doubtful, whether any better course would be taken than to settle the question by Act of Parliament, reciting the doubts which exist, and enacting—
(1.) That the Acts of the magistrates and representatives and resolutions of vestry shall be deemed to be, and to have been, in force in the islands from their passing.
(2.) That, except as affected by these Acts and resolutions, the law of Jamaica shall be deemed to be in force in the said islands, so far as the same shall be applicable to the circumstances thereof.
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(3.) That it shall be competent to the Legislature of Jamaica to make laws for the Caymans, and therein to give to the justices and vestry or other body or bodies therein such power of legislation for local purposes as to them may seem fit, provided that no regulations hereafter made shall be of force without the consent of the Governor, and shall be liable at any time to be annulled by him.
In obedience to your Grace's commands, we have taken these papers into considera- tion, and have the honour to
That-
Report
1. We think that the Cayman Islands cannot be safely treated as within the legis. lative jurisdiction of Jamaica.
2. Assuming (as we do) that these islands might safely be treated as beyond the legislative jurisdiction of Jamaica, we still think it doubtful whether they come within the legislative powers of the Queen, given by the Act 23 & 24 Vict. c. 121., extend- ing to "all possessions of Her Majesty not having been acquired by cession or conquest, &c., &c.," the provisions of 6 & 7 Vict. c. 13. For, with respect to the Caymans, it does not very clearly appear how they were first acquired; and the just inference from the authority exercised within them (by appointing justices of the peace and officers of militia) by the Governors of Jamaica seems to be that although the powers of the House of Assembly in Jamaica were limited, under the Royal Orders by which it was established, to the local government of that island, the Caymans were, nevertheless, within the commission of the Governor for the time being of Jamaica as being "dependencies" of Jamaica at the time of the first acquisition of Jamaica by the British Crown. If so, there is, at least, too much ground for contending that Jamaica is a possession acquired by conquest, and that its dependencies must be so too, to make it prudent to act upon the contrary supposition as to the Cayman Islands (see Barrett v. Beaumont, 1 Moore's P.C. cases, p. 59, and 1 Burge's Foreign and Colonial Law, p. 33 of the Preliminary Treatise). Another reason for proceeding by Act of Parliament is that it may be doubted whether it would be competent for Her Majesty (if the case clearly fell within the statutes referred to) either to confer by Order in Council a legislative power over the Cayman Islands on the existing Legis- lature of Jamaica, or to give a general legislative power (subject to the consent of the Governor of Jamaica) to any local assembly of the Cayman Islands, one or other of which courses seems to be considered expedient.
3. Under these circumstances we are of opinion that the best course will be to settle the question by an Act of the Imperial Parliament, the provisions of which should be such as are suggested in Sir Frederic Rogers' letter.
His Grace the Duke of Newcastle, K.G.,
We have, &c. (Signed)
WM. ATHERTON. ROUNDELL PALMER.
12182.
No. 148.
(Hong Kong.)
LAW OFFICERS to FOREIGN OFFICE.
Temple, December 9, 1862. MY LORD,
We are honoured with your Lordship's commands, signified in Mr. Layard's letter of the 6th instant, stating that he was directed by your Lordship to transmit to us, together with the previous papers, a letter from the Colonial Office enclosing a copy of a letter from Sir Hercules Robinson commenting upon the measures proposed to be taken at Hong Kong for preventing the Chinese insurgents from obtaining arms and military stores from that port, and to request that we would take the letter into consideration and furnish your Lordship with any observations we may have to offer thereupon.
In obedience to your Lordship's commands we have taken this letter into considera- tion, and beg to
Report
That we are of course unable to decide whether the opinion of Mr. Bruce or of Sir H. Robinson be well founded as to the supply of arms to the Taepings from Hong Kong. But assuming the fact to be that arms are so supplied, we think that the Governor of Hong Kong should exert his authority for the suppression of the traffic, by the issue of a prohibitory Ordinance and by endeavouring to enforce it, and we should hope that, those endeavours, aided by the order to be issued by Mr. Bruce, might abate the evil complained of; at all events such a course would evince to the Chinese Government the sincerity of our desire to deter British subjects from affording aid to the rebels. We see no reason why a similar course should not be adopted at Singapore.
We have, &c.
The Earl Russell, &c. &c.
0 16278.-38. 25.-8/86.
(Signed)
W. ATHERTON. ROUNDELL PALMER. ROBERT PHILLIMORE.
&c.
&c.
&c.