11142.
No. 604.
(BAHAMAS)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Temple, October 4, 1869. We are honoured with your Lordship's commands, signified to us in Sir Frederic Rogers" letter of the 28th September last, stating-
Ist. That he was directed by your Lordship to transmit to us copies of two Despatches from the Governor of the Bahamas of the 16th and 19th of August, with their enclosures, relating to the proceedings in the case of the "Salvador," and con- taining a copy of the decree of the Judge of the Vice Admiralty Court.
2nd. That the decree was one of considerable importance, involving, as it did, questions upon the proper construction of the Foreign Enlistment Act, and Sir F. Rogers was pleased to request that we would take these papers into our consideration and favour your Lordship with our opinion-
1. Whether the decree of the Judge of the Vice Admiralty Court is correct.
2. If erroneous, in what respects is it erroneous.
3. Whether if the decree is erroneous an appeal could be prosecuted with a reasonable prospect of success.
4. What further proceedings, if any, should be taken under the 6th section of the Foreign Enlistment Act.
In obedience to your Lordship's commands we have taken the papers into our consideration, and have the honour to
Report
That-
1 and 2. We are of opinion that the decree of the Deputy Judge of the Vice Admiralty Court is not correct in deciding that the proof failed to show that the parties who were transported in the "Salvador" to Cuba were in the service of persons assuming to exercise the powers of Governors (? Government) in that Island.
3. We think that an appeal from this decree may be prosecuted with a reasonable prospect of success.
4. As service has been effected on the master of the "Salvador," we think that the proceedings under section 6 of the Foreign Enlistment Act should be' continued, but in the present state of our information it is impossible to answer this question more in detail.
The Right Hon. the Earl Granville, K.G.,
&c.
&c.
&c.
We have, &o.
(Signed)
R. P. COLLIER.
J. D. COLERIDGE. TRAVERS TWISS.
0 16978,-893.
25,-5/65.
།༴། ། །
PUBLIC RECORD
OFFICE
C.O. 885
Reference :-
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
i