PUBLIC RECORD
OFFICE
Reference :-
PLLC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
In England the ecclesiastical registers belong to the clergyman for the time being of the parish in which they are kept; the civil registers to the Registrar General. If, therefore, the case is to be determined by English statutes or English analogy the register will belong, if an ecclesiastical register, to the clergyman of Norfolk Island, if a civil one to the registrar or chief registrar, if there be more than one, of the same place. The clergyman or the registrar, as the case may be, would have a right in this country to demand the book under the circumstances mentioned by the Earl of Belmore from the creditors of Mr. James. But in the absence of any information as to the laws or regulations of the Colonies on this subject we are unable to afford your Lordship any more complete or satisfactory answer to the questions of Sir F. Rogers.
We have, &c. (Signed) R. P. COLLIER.
The Right Hou. Earl Granville, K.G., &c.
&c.
J. D. COLERIDGE.
18109,
MY LORD,
No. 615.
(ВАНАМАН.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, November 30, 1869. We are honoured with your Lordship's commands signified to us in Sir Frederic Rogers' letter of the 24th instant stating that he was directed by your Lordship to transmit to us copies of two Despatches from the Governor of the Bahamas reporting the circumstances which led to the detention at the Bahamas of a steamer sailing under the flag of the insurgents in Cuba and claiming to be a Cuban Government vessel.
Sir Frederic Rogers was desired to refer us to the Attorney General's and Solicitor General's Report of the 7th May last, and he was to request that we would favour your Lordship with our opinion on the advice given to Sir J. Walker by the local Attorney General in his report dated 17th October enclosed in No. 225 of the same date, and also as to the instructions which should be given to the Governor of the Bahamas.
In obedience to your Lordship's commands we bave the honour to
Report
That the "Lilian appears to be a ship of war professedly in the service of the Cuban insurgents, a service unrecognised by the British Government. No overt Bot of violence appears to have been committed by her on the high seas; but the avowed character is sufficient to justify the Governor of the Bahamas in refusing her entrance to British waters, except in case of necessity and on grounds of humanity alone.
As far as we can judge on the facts before us it would have been better simply to warn her off and not to take forcible possession of her. But as things now are the proper course we think would be that her commander should be informed that the Governor cannot give him any clearance, but that the "Lilian" may continue her voyage on condition that she neither coals, nor in any way directly or indirectly aug. ments her warlike force within British jurisdiction, and that she does not in departing commit any actual or constructive breach of English Municipal Law. The commander should be further warned that if these conditions are violated the "Lilian
" will be captured,
We think it would also be proper that till she finally leaves the waters of the Bahamas she should be watched by a superior force so as to prevent any breach of English or Colonial law.
These measures appear to be necessary because the "Lilian is not acting under the authority of any power responsible to the British Government.
" rather
We assume that there are no political reasons for detaining the "Lilian than releasing her. We say this because, as she belongs to no recognised belligerent power and has chosen voluntarily to enter British waters, she may be detained as an Act of State without any violation of international law or comity.
We have, &c. (Signed) R. P. COLLIER,
The Right Hon, Earl Granville, K.G.,
&c.
&o.
&c.
• No. 561.
• 18978-3$7.
25.---5/86.
J. D. COLERIDGE, TRAVERS TWISS.