5601.
In obedience to your Lordship's commands we have the honour to
Report
That we think the Council in framing the Law No. 10 (not No. 7, as in Mr. Holland's letter) of 1873 were acting within the powers vested in them by the Imperial Act, 34 & 35 Vict. c. 107., and that Her Majesty may be properly advised to allow this Act to remain in operation.
2. That this being our opinion, it is not necessary to answer the second question put to us in Mr. Holland's letter.
The Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
We have, &c.
(Signed)
J. D. COLERIDGE.
G. JESSEL.
SIB,
No. 828.
(GIBRALTAR.)
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, June 2, 1873.
I AM directed by Earl Granville to state to you, for the information of the Earl of Kimberley, that on the receipt of your letter of the 16th instant, his Lordship consulted the Law Officers of the Crown as to the right of the Governor of Gibraltar to forbid by proclamation the transhipment of arms and munitions of war destined for Spain, and as to the bearing which such prohibition might have upon the questions of a similar nature raised by the German Government during the late war.
The Law Officers in reply have pointed out that the difference between the case and that which formed the subject of discussion between Her Majesty's Gov- ernment and the German Government during the Franco-German War lies in the fact present that Gibraltar is a fortress in which, as appears from the third paragraph of Sir F. Williams' Despatch No. 62, arms and munitions of war are not permitted to be stored or transhipped without the special sanction of the Governor. The Law Officers are therefore of opinion that the suggested prohibition comes entirely within the authority and power of the Governor.
In these circumstances Lord Granville considers that the Governor should be in- formed that he is at liberty to issue the proclamation he suggests, should he see sufficient reason for so doing.
I am to add that Lord Granville concurs with Lord Kimberley in approving Sir F. Williams having acceded to the request of the Spanish Consul for permission to remove to Cadiz four cases of pattern arms destined for the use of the municipality of Seville.
The Under Secretary of State,
Colonial Office.
I am, &c. (Signed) E. HAMMOND.
U 16273.-286.
25,--5/06.
PUBLIC RECORD OFFICE
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