5898.
TREET
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 644.
(SOUTH AUSTRALIA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, May 31, 1870. We are honoured with your Lordship's commands, signified to us in Mr. Holland's letter of the 14th instant stating:
"L
1st. That he was directed by your Lordship to transmit to us the enclosed tran-
script of a reserved Bill of the Legislature of South Australia, entitled "An Act to No. 19 of prevent public contractors being returned to or sitting or voting in Parliament," 1870. together with copy of the report of the local Attorney General upon the subject
of it.
}
2nd. That he was desired to request that we would favour your Lordship with our opinion whether, having regard to the 34th section of the South Australian Constitution Act, 1855-6, a copy of which was transmitted for reference, the objection taken to that Bill by the Attorney General, on the ground that it had not been properly passed, was a valid objection.
3rd. That he was to state that by the 14th section of the Constitution Act the Assembly consists of 36 members.
In obedience to your Lordship's commands we have the honour to
Report
That, in our opinion, the objection referred to, taken by the Colonial Attorney General, is without foundation, but we think it upon the whole safer that the Bill should lie upon the table of both Houses for 30 days before the Royal Assent is given, as it appears to us at least doubtful whether it be not within 18 & 14 Vict. c. 59. a. 32.
We have, &c. (Signed)
The Right Hon. Earl Granville, K.G.
&c.
&c.
&c.
R. P. COLLIER.
J. D. COLERIDGE.
16978-658.
35.-5/80.
Page 810Page 811
9616.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 645.
(New South Wales.)
H. C. ROTHERY, ESQ., to TREASURY.
To the Right Honourable the Lords Commissioners of Her Majesty's Treasury.
MAY IT PLEASE YOUR LORDSHIPS,
In obedience to your Lordships' commands, conveyed to me in Mr. Stronge's letter of the 7th ultimo, I have carefully perused the letter from the Colonial Office. with its enclosures, including a Draft Bill to facilitate the conviction of persons guilty of offences against the South Sea Islanders, and having been requested to report to your Lordships, not only on the Draft Bill, but on the subject generally, I venture to submit the following remarks for your Lordships' consideration.
It appears from Sir F. Rogers' letter that both the Earl of Clarendon and Lord Granville consider it to be of great importance to check a practice which prevails of kidnapping the natives of the South Sea Islands, and also the abuses which have been reported in connexion with the introduction of natives into some of the Australasian Colonies, and as, in their Lordships' opinion, it is a matter rather of Imperial than Colonial interest, they request your Lordships to sanction the payment out of the Imperial funds of the expenses which would attend the prosecution of the offenders.
On the policy of the measure it is quite unnecessary to speak, as that would seem to have been fully considered and determined upon by Her Majesty's Government. I will only observe that, if the statements which have been made on the subject can be relied upon, the acts which have been committed by some of these miscreants are of so atrocious a character as to require the most severe measures of repression, acts which concern not only the interests but the character of this country, and which would, I venture to think, justify the employment of Imperial funds for its suppression.
I should here observe that this is not the first occasion on which this question of kidnapping the natives in the South Seas has come under my attention. In the early part of the present year I was consulted by Mr. Holland, the present Under Secretary of State for the Colonies, in regard to the heads or articles of a measure to be framed for suppressing it. Those articles, however, had reference only to the powers which it would be proper to confer upon Her Majesty's cruizers to enable them to detain vessels engaged in this traffic, to the courts before which they should be taken for adjudication, to the mode of procedure, to authorising the Lords of the Treasury, if they should think fit, to relieve the captors from the payment of any costs and damages in which they might be condemned, and to other matters of this description.
These articles I settled, in conjunction with Mr. Holland, as instructions for the draftsman who might be employed to draw the Bill. They do not, however, appear to have been forwarded to your Lordships, and I understand from Mr. Holland that in the present state of the case it has not been thought necessary to do so, although when the Bill has been framed it appears to me that it should be submitted in its entirety to your Lordships, as there are provisions in connexion with the seizure of the vessels which might involve the expenditure of Imperial moneys, and which would require your Lordships' concurrence. I mention these circumstances as it is quite clear that the draft of the Bill which is now submitted to your Lordships deals only with a very small part of the subject, and is quite insufficient to attain the objects which Her Majesty's Government would seem to have in view, namely, to prevent the kidnapping of natives from the South Sea Islands and their conveyance in British vessels to some of the Australasian Colonies.
"
With these preliminary remarks I proceed to consider the details of the Draft Bill which has been submitted for your Lordships' consideration.
And first it should be observed that the object of the proposed measure is, as stated in the preamble to the Bill, to prevent "the commission by British subjects of criminal outrages upon natives of Islands in the North and South Pacific Islands," which would include, as is no doubt intended, not only the kidnapping of the natives, but also the abuses which frequently attend their introduction into some of the Australasian Colonies. The offences are set forth in an opinion of the Law Officers, which was shown to me by Mr. Holland, and should, I venture to think, be clearly
o 16978.-788. 25.-5/86.