5507.
MY LORD,
No. 825.
(GOLD COAST.)
LAW OFFICERS to COLONIAL OFFICE.
We are honoured with your Lordship's commands, signified in Mr. Holland's
Temple, May 30, 1873. letter of the 27th instant stating that, with reference to his letter of the 26th instant enclosing a Draft Bill for amending the 150th section of the Customs Consolidation Act, 1853 (16 & 17 Vict. c. 107.), he was directed by your Lordship to transmit to us, as bearing upon the subject, a copy of extracts from a letter addressed to the Colonial Office by the Commissioners of Customs, to whom the question had been referred, whether there was any practical objection to the Amendment proposed in the 150th
section of the Customs Act.
In obedience to your Lordship's commands we have the honour to
Report
That in our opinion there is great weight in the practical objection made to the Bill by the Commissioners of Customs, but, as we have already had the honour of reporting to your Lordship, the principle of the Bill is objectionable, and on that ground the Bill should not be introduced.
We have, &c..
(Signed)
The Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
J. D. COLERIDGE. G. JESSEL.
J. P. DEANE.
NOTE BY THE LORD CHANCellor.
30, Portland Place, W.
The only question for consideration in this matter is whether the inconvenience of having to issue a general prohibition and then to relax it is greater or less than that of taking new powers, which might lead to new questions with foreign belligerents in wars in which this country may be neutral.
agree in the opinion that any new legislation on this subject might open such questions, which (indeed) can hardly be kept closed as things now are, especially after the Geneva Arbitration. It is evident that our present powers might lawfully be used in aid of neutrality, as well as to protect ourselves in case of war, but our answer to Foreign Governments has always been that we consider them to be intended for the latter purpose only, and that they have always been so used. The same answer would
be equally good if the power were extended or modified on the same principle.
It may, perhaps, be worth consideration whether an extended power expressly applicable during any war in which Great Britain may be engaged, and not in time of peace, might not be taken by legislation without incurring the risk justly apprehended by the Law Officers and the Foreign Office.
May 30, 1873.
S.
⚫ 16278-843. 25.-5/06.
PUBLIC RECORD OFFICE
Reference :-
mwimmimC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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