PUBLIC RECORD OFFICE
Reference :-
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لساسانيا
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
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have a voice, if not a veto. Whether or not it is within the competency of the Crown to cede by treaty (not made to conclude a war) any part of the Imperial Dominion, is ably discussed by Mr. Forsyth, in his work on Constitutional Law. all the authorities, he questions the power of the Crown to cede territory without After reviewing parliamentary sanction; and certainly the present question is not one so unimportant that it should be passed over without notice and further consideration."
Canada has been used in this Memorandum as an illustration; the same, or nearly similar conditions may apply to other Colonies, and the general question on which further opinion is needed is, therefore, in substance this :-
Whether the Crown without parliamentary sanction, can cede the Public Defensive Works, with their armament, to the several Colonies in which they are situate?
War Office, March 7, 1872.
OPINION.
We are of opinion that we can only answer the general question above put to us, by saying that we cannot advise the Crown without the sanction of Parliament to cede the public defensive works with their armaments to the several Colonies in which they are situated.
Westminster.
March 11, 1872,
We have, &c. (Signed)
J. D. COLERIDGE.
G. JESSEL,
2623.
MY LORD,
No. 747.
(HELIGOLAND.)
QUEEN'S ADVOCATE to COLONIAL OFFICE.
Temple, March 12, 1872.
I AM honoured with your Lordship's commands signified in Mr. Holland's letter of the 8th instant, stating that he was directed to transmit to me a copy of a Despatch from the Governor of Heligoland, forwarding a Draft Ordinance to make provision for the trying of matrimonial and divorce cases in that island. That for reasons stated in the accompanying copy of a Despatch, which your Lordship proposes to address to Governor Maxse, it has been thought advisable to prepare in the Colonial Office another Draft Ordinance in lieu of the one sent home by the Governor. A copy of this second draft was also enclosed, and Mr. Holland was pleased to request that I would inform your Lordship whether in my opinion it meets the requirements of the case, and, if not, that I would make such alterations and amendments in it as I might think desirable.
Mr. Holland was pleased to add that the Draft Ordinance transmitted by the Governor is an exact copy of a Draft Ordinance which was settled by Sir R. Philli- more when Queen's Advocate in May 1865, but which it was not then thought desirable to introduce; and Mr. Holland was also to observe that having reference to the cir- cumstances of Heligoland it is necessary that this Ordinance should be as simple as possible.
In obedience to your Lordship's commands, I have the honour to
Report
That the Draft Ordinance, subject to a few amendments which I have noted in the margin, will, in my opinion, meet the requirements of the case.
To the Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
I have, &c. (Signed
TRAVERS TWISS.
P 16278.-407,
25.-5/86.