PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
MY LORD,
No. 204a.
(CYPRUS.)
LAW OFFICERS to FOREIGN OFFICE.
We are Lonoured with your Lordship's commands, signified in Sir Julian
Temple, June 11, 1879. Pauncefote's letter of the 13th ultimo, stating that he had the honour to lay before us, by direction of your Lordship, papers with reference to a project for the formation of a regiment of Turkish infantry for service in Cyprus.
That we should observe that Sir Garnet Wolseley, in his Despatch No. 122 of the 7th November 1878, which contained all the details of the scheme, proposed that that force should be called the "Cyprus Regiment of Pioneers;" that the men should be commanded by English officers, and should take the oath of allegiance to the Queen ; and further, that they should be enlisted to serve Her Majesty in Cyprus or elsewhere for a term of six years.
That the cost of this force, should the scheme be carried out, was to be defrayed out of Imperial funds, but the charge would not be included in the Army Estimates.
That, assuming that no objection existed on the part of the Porte to the recruiting in its dominions of Ottoman subjects with a view to their serving as British soldiers, and taking the oath of allegiance to Her Majesty, it became important to consider whether the scheme, as explained in Sir Garnet Wolseley's despatch, could be carried out consistently with British law, and, if not, what modifications were required therein for that purpose.
That the first question which arose was whether, having regard to the terms of section 4 of the Mutiny Act (41 Vict., cap. 10), the force in question would come under the provisions of that statute.
That Sir Julian Pauncefute was to enclose a copy of the Act of the Legislature of the Cape Colony (No. 9 of 1878) establishing the force of Cape Mounted Riflemen.
That it would be observed that, by sections 4 and 5 of that Act, that Colonial force was under the command of officers holding warrants of appointment from the Governor, and did not, therefore, it was presumed, come within the terms of section 4 of the Mutiny Act, which referred to troops "under the command of any officer having any commission immediately from Her Majesty."
That the next question which arose was whether, assuming the proposed corps of Cyprus Pioneers to be established on the same footing as the Cape Mounted Riflemen, by an Ordinance of the Legislature of Cyprus, such an Ordinance could legally provide for the enlistment of men thereunder to serve anywhere but in Cyprus, the power of the local Legislature being confined by Her Majesty's Order in Council of the 14th September 1878 to the making of laws and Ordinances for the peace and good order of the Island.
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That, assuming that the proposed force-constituted by local Ordinance, as before mentioned-would not come within the terms of section 4 of the Mutiny Act, the next question which arose was whether a Turkish subject enlisting therein would " enlist as a soldier in Her Majesty's service within the meaning of section 2 of the Act 1 Vict., cap. 29, or, in other words, whether the disability of aliens "to enlist or serve as a soldier in Her Majesty's service," which that Act partially relieved, had reference only to enlistment and service in the British army under the provisions of the Mutiny Act, or whether it was such a disability as would affect the legality of the proposed Ordinance.
That Sir Julian Pauncefote was to request that we would be good enough to take the accompanying papers into our consideration, and to favour your Lordship with our opinion on the particular questions above submitted, and generally as to whether the scheme of Sir Garnet Wolseley for the raising of the proposed force of Cyprus Pioneers could be legally carried out with or without modification.
That it was specially desirable that such a force should be raised and maintained in Cyprus, without the necessity of applying to Parliament for any legislation beyond the vote in supply.
That, in considering the questions submitted to us, your Lordship would be much obliged if, in case the present project seemed to us to involve the necessity of such
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