7782.
2 and 3. It seems to us immaterial whether the consent of Parliament is obtained first or afterwards. It should be given, we think, by statute and not by resolution; but it is a question of policy for the Government whether the convention should be negotiated first, or powers should be first taken to negotiate.
The Right Hon. Earl Granville, K.G., &c.
&c.
&c.
We have, &c. (Signed)
B. P. COLLIER. J. D. COLERIDGE. TRAVERS TWISS.
MY LORD,
PUBLIC RECORD OFFICE
Reference :-
TILI C.O. 885
11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 650.
(BAHAMAS)
LAW OFFICERS to FOREIGN OFFICE.
Temple, July 14, 1870. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 7th of July instant, stating that with reference to our Reports of the 10th April and 13th May,* relative to the sale at Nassau of the ship" Lilian " and her cargo, he was directed by your Lordship to transmit to us the accompanying further correspondence which had passed upon the subject, from which we would perceive that 6.0. Hư the arms taken on board the "Lilian" had already been sold to Colonel Herera, an 0.0., May 18. agent of the Spanish Government, and taken out of the Colony; that the "Lilian". herself, however, was still in custody, and the Governor had issued an advertisement for tenders for her purchase.
Mr. Hammond was pleased to request that we would take the papers into our consideration, together with the previous correspondence, which he enclosed, and that we would favour your Lordship with our opinion on the course proposed to be pursued by Governor Sir James Walker in regard to the sale of the vessel in question.
In obedience to your Lordship's commands, we have taken the papers into our consideration, and have the honour to
Report
That the Secretary of the Colonies was under a misapprehension in supposing, as suggested in Mr. Herbert's letter of May 18th last, that the opinion of the Law Officers had been seized and condemned at was based on the assumption that the "Lilian Nassau under the authority of the local revenue laws. The Foreign Enlistment Act has provided that all vessels seized under the provisions of Section VII, may be prosecuted and condemned in the like manner and in such courts as ships or vessels may be pro- secuted and condemned for any breach of the laws made for the protection of the revenues of customs and excise, or of the laws of trade and navigation; and it was in virtue of the Imperial Statute that we considered the manner of proceeding in the matter of the condemnation of the "Lilian" was to be adapted to the provisions of the local revenue laws.
If "the parties claiming as seizors," referred to in Governor Walker's letter of the 30th April 1870, give their consent to the sale of the vessel in the manner proposed by his Excellency the Governor, we do not see any practical objection to it, as it must be presumed that the provisions of the local Act requiring the vessel to be sold by public auction was intended to protect the interests of the seizors, and to secure to them that the vessel should not be sold below its fair value.
We have, &c. (Signed)
The Right Hon. the Earl Granville, K.G.
&c.
&c.
&c.
• Nos. 637 and 640.
R. P. COLLIER.
J. D. COLERIDGE. TRAVERS TWISS.
1870.
C.O., July 4 1670.
16978.-$76.
25.-5/84.