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No. 208.
(BERMUDA.)
LAW OFFICERS to COLONIAL OFFICE. MY LORD,
We were honoured with your Lordship's commands, signified in Mr. Wingfield's
Royal Courts of Justice, April 6, 1891. letter of the 7th ultimo, stating that he was directed by your Lordship to request that we would advise you upon certain questions which had arisen with respect to the naturalization of aliens in Bermuda under the Colonial Act, No. 11, of 1857.
That the Secretary of State for War having expressed a strong opinion that the possession of land in Bermuda by naturalized aliens, especially those who have been subjects of the United States of America, and who might, therefore, be hostilely affected to Great Britain, in the event of a war with the United States, would be a source of danger and embarrassment in the defence of the fortress, the Governor had been instructed to insert in all certificates of naturalization to be issued under the Act, an exception from the rights conferred on the naturalized person of the capacity to take or hold real estate in the Colony.
That upon the suggestion of the Attorney-General of Bermuda, the following words were added to the form of certificate with the object of preventing the purpose of the above-mentioned exception from being defeated by means of the acquisition of real estate by the wife of a naturalized alien, viz.: "and subject to the following proviso, namely, that nothing herein contained shall have the effect of enabling the present or any future wife of the said hereby granted to him, to take or hold real estate in these Islands."
by reason of the rights and capacities
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That the House of Assembly of Bermuda had presented a memorial to the Queen, which was enclosed for reference, complaining of the restriction thus intended to be imposed upon naturalized aliens and their wives from taking or holding real estate, which they contended was contrary to the provisions of the Act.
That as, however, the sixth section of the Act authorised the special exception in and by any certificate issued under it, of rights and capacities other than those expressly excepted by the Act, the contention of the memorialists would appear to be unsound, so far as the naturalized alien himself was concerned.
But that the Colonial Attorney-General had now expressed an opinion that the proviso added to the certificate of naturalization relating to the capacity of the wife of the naturalized alien to take or hold real estate, conflicted with section 13 of the Act, which provided that a woman married to a person naturalized should be deemed and taken to be herself naturalized “and have all the rights and privileges in the said "Islands of a natural-born subject."
That the Secretary of State for War had proposed, on the assumption that the restrictions imposed on a naturalized alien as to holding land in Bermuda could not be extended to his wife, that the Governor should be instructed to refuse for the present, at any rate, all certificates of naturalization, but that your Lordship felt some doubt whether, notwithstanding the discretion vested in the Governor by section 6 of granting or refusing a certificate of naturalization in each individual case, such a general instruction as was desired by Mr. Stanhope would be consistent with the Act.
That the questions upon which our opinion was desired by your Lordship were:- (1.) Whether the Governor might lawfully insert in all certificates of naturalization
an exception of the capacity to take and hold freehold estate in the Colony? (2.) Whether, in the absence of any provision to the contrary in the certificate of naturalization, the wife of the naturalized person would acquire, through his naturalization, any right withheld from her husband by express exception in the certificate?
(3.) Whether such wife could be precluded from acquiring such excepted right by an express declaration in the certificate; and, if so, whether the form of proviso set out in paragraph 3 of Mr. Wingfield's letter was proper and sufficient for its purpose?
(1.) Whether the Governor could lawfully and properly be instructed to refuse all
applications for certificates of naturalization?
That Mr. Wingfield was to add that your Lordship would be glad to be favoured with any further observations which it might occur to us to make upon the subject.
E 65453-11. 95,-4,91.
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