7838.
PUBLIC RECORD OFFICE
Reference :-
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11 PUBLIC RECORD OFFICE, LONDON
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MY LORD,
No. 842.
(CAPE OF GOOD HOPE.)
LAW OFFICERS to COLONIAL OFFICE.
We are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 28th ultimo, stating that he was directed to transmit to us a copy of a
Temple, August 1, 1873. question proposed by Sir C. Wingfield in the House of Commons, whether the Secretary of State for the Colonies will instruct the Governor of the Cape to cause coolie vessels touching there to be examined, and the coolies on board-set free if found to be treated with cruelty or like slaves.
2. That the question applies equally to foreign and British ships, and looking to the opinion of the Law Officers in 1858, a copy of which was annexed for our information, it is apprehended that no difficulty would arise, either as regards British vessels or foreign merchantmen, in respect of any offences committed within the territorial jurisdiction of the Colony.
3. That the question, however, remains whether, consistently with the principles of International Law and comity of nations, the Colonial Legislature can enact a measure which would impose on the local authorities the duty of boarding foreign merchant vessels visiting the port in the ordinary course, and not violating the peace or good order of the port, for the purposes specified in Sir C. Wingfield's question; and Mr. Holland stated that he was to request that we would favour your Lordship with our opinion upon this point, and upon the further question whether with or without such legislation British merchantmen may be visited at the Cape or other Colonies for such purposes.
4. Mr. Holland also stated that he was to inform us that such a system of visitation is not without precedent in the Colonies, as it has recently been the practice of the Police of Malta to visit vessels plying between the North African ports and various Levantine ports of the Turkish Empire, for the purpose of ascertaining if such vessels have on board persons supposed to be in slavery, and that these visitations have taken place with the sanction of Her Majesty's Government, and have not been met with any protest on the part of the Turkish Government.
In obedience to your Lordship's commands, we have the honour to--
Report,
That in our opinion the Colonial Legislature may, consistently with the principles of International Law and the comity of nations, enact that foreign merchant vessels visiting the port in the ordinary course, and not violating the peace or good order of the port, shall be boarded, and that coolies on board who are slaves shall be set free.
Where, however, the coolies have not been slaves, but treated with cruelty only, we are of opinion that the case falls within the rules applicable to passengers generally, and that the term "set free" is neither the proper term for any remedy the subject of that cruelty may have, nor as a fact should the Colonial Legislature enact a measure imposing on the local authorities the duties suggested, or the Colonial authorities attempt to "
set free," that is take out of the ship by force, such coolies. Although the case of coolie slaves is to be distinguished from such cases as the "Creole" in 1842, still the interference of any local authority with a ship under a foreign flag, even in territorial waters, is a matter of considerable delicacy, and the enactment if made should be worded with especial care and made as public as possible.
The case of British merchantmen stands on very different grounds, and we are of opinion that they may be visited and coolies, slaves, &c., cruelly used may be at once, with or without previous legislation, set free or taken out of such ships.
We have, &c.
J. D. COLERIDGE.
(Signed)
"
G. JESSEL.
"
The Right Hon. the Earl of Kimberley,
&c.
&c.
J. PARKER DEANE.
&c.
U 16278,-842.
95,--5/86.
7842.