PUBLIC RECORD OFFICE
Reference :-
LLC.O.
885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
10 PUBLIC RECORD OFFICE, LONDON
Gee Mr.
·
2
subsequent warrant, which can only be founded upon sufficient primâ facie evidence of the actual commission of the offence alleged. As, however, in the present instance the arktrick's demand was based only upon the charge of "an act of piracy in seizing unlawfully the Requisi
"steamer Chesapeake,' an American steamer, off Cape Cod, and causing, while so Jon,"
8 April,
seizing illegally, the death of Owen Shaffer, second engineer of the said ship by shooting him "(which appears to us to be a charge of piracy committed on the high seas, and not also a charge of murder as distinct from piracy). The Governor of the Bahamas was, in our opinion, justified in declining to issue his warrant upon that charge, the Court of Queen's Bench in England having determined, in the case of the "Gerrity," that piracy committed on the high seas on board a United States vessel is not a ground for extradition under the Act.
We have, &c.
$865
(1
Earl Russell, K.G.
i
(Signed)
ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.
C
ท
5453.
No. 344.
(GENERAL.)
LAW OFFICERS to COLONIAL OFFICE.
SIR,
Lincoln's Inn, June 5, 1865. We are honoured with your commands, signified in Sir F. Rogers' letter of the 19th ultimo, stating that the recent decision of the Judicial Committee of the Privy Council in the case of the Bishop of Natal, of which a copy is annexed, has rendered it necessary for Her Majesty's Government to take into their serious consideration the legal position of diocesan bishops in the British Colonies, and that you, Sir, are desirous of obtaining our opinion in respect of certain inconveniences which
may apprehended from the state of the law as now disclosed.
be
That it would seem that in many cases where the Crown has assumed the power of creating Colonial dioceses, and conferring episcopal jurisdiction, no such dioceses live been created nor any such jurisdiction conforred. Hence, it becomes matter of doubt what may be the effect of various Imperial and Colonial laws which have been passed, and of instruments of endowment which have been executed, on the supposition that such dioceses and diocesan jurisdiction had a legal existence. That it also becomes a question how Colonial dioceses are to be erected and diocesan bishops appointed in future, the Royal authority having been pronounced, in many Colonies, to be insufficient for this purpose.
That it appears to Her Majesty's Government that the inconveniences to be appre- hended from this state of things will be most effectually removed by proceeding upon the following general principles :-
1. That all connexion between the Crown and the Colonial episcopate shall cease, except so far as in Crown Colonies the legislative power, herein-after mentioned, may from time to time be exercised by Her Majesty.
2. That the Colonial bishops in connexion with the English Church shall be in all respects as free and as unprivileged as other bishops (e.g., the Roman Catholic), all, of course, remaining equally subject to the enacting powers of the Colonial Legislatures.
3. That no Colonial bishop, nor any clergyman ordained by any such bishop, shall exercise his functions, nor any such clergyman receive preferment in an English or Irish diocese without permission from the diocesan.
4. That all past proceedings shall be so far ratified as to do substantial justice in respect of endowments, and to avoid questions respecting the validity of marriages; but that no such ratification shall extend to any claim of jurisdiction properly 80 called.
Sir F. Rogers was also pleased to request: (1) that we would furnish you, Sir, with our opinion whether the application of these principles will sufficiently remove any inconvenience which may be anticipated from the present state of the law, as declared in the case of the Bishop of Natal; (2) that we would inform you, Sir, in detail, what steps should be taken by way of legislation, or otherwise, to give effect to these principles.
A paper which has been drawn up in the Colonial Office, containing an account of the rise of the existing Colonial dioceses (Annex 2) with reference to the questions
now at issue, and also indicating some of the embarrassing consequences of the recent judgment, was also annexed.
In obedience to your commands we have taken this matter into consideration, and
have the honour to
Report
That we think the application of the principles laid down in Sir F. Rogers' letter will sufficiently remove any serious inconvenience which may be anticipated from the present state of the law, as declared in the case of the Bishop of Natal. For this purpose some legislation will undoubtedly be requisite, but we think that such legis- lation should be strictly limited to those objects which cannot be safely accomplished without it; and we have thought it the most convenient course to embed in the draft of a Bill, which we send herewith, the provisions which will, in our opinion, be necessary and sufficient for those purposes.
We have, &c. (Signed)
The Right Hon. Mr. Secretary Cardwell, M.P.,
&c.
&c.
&c.
16278.-175.
25.-2 86.
ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.