2
His Lordship arded that the goods in question had all along been at the disposal of the owner, and that the only disability attaching to them was that they could not, on the ground which had now been removed by M. Boureart's assurance, be carried by a British ship.
A copy of this note was sent to the Colonial Office on the same day (Paper H), th a view to the necessary instructions being given to the authorities in Natal.
A letter on the subject (Paper J) has now been received from that Department, covering a copy of a telegram fron Her Majesty's Consul at Lourenço, Marques, to the effect tlint Mr. Bridler cannot give any guarantee that the goods in question, will not go to the Transvaal Republic. This statement may be compared with the language used in M. Boureart's note of the 24th January, in which he alludes to the goods as being 'destinées, selon les affirmations de Mr. Bridler, à être vendues sur place, et non pas à être importées au Transvaal," and further on as having been "réservées selon la déclaration du réclamant à la consommation locale dans le territoire neutre," and with that which he employs in his note of the 31st January, in which he speaks of Mr. Bridler as a person "qui faisait simplement venir dans un port neutre des marchandises destinées à la consommation locale.'
**
M. Bourcart has now pointed out that no reply has been given to the request contained in his note of the 24th January that compensation should be granted to Messrs. Bridler and Co., and he presses for an answer on the point.
I have the honour to request you to favour Lord Salisbury with your views as to the answer which should be returned to M. Boureart's request that Mr. Bridler may receive compensation, together with any general observations on the case which you may desire to offer.
(A.) M. Boureart
(B.) Dilto
(C.) To ditto
(D.) To Colonial Ollice
(E.) Colonial Office
(F.)
Ditto
(G.) To M. Bourcart
(H.) To Colonial Office
(1.) Colonial Offico
(J.)
Ditto
I have, &c.,
FRANCIS BERTIE.
List of Papers.
January 24, 1900 January 31, February 3, February 3, February 9, February 26,
11
11
"
March 10, *
March to, March 16, 11 March 20,
11
13081.
SIR.
No. 32.
(TRINIDAD.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
April 27, 1900. We were honoured with your commands signified in Mr. C. P. Lucas's letter of the 14th instant, stating that he was directed by you to transmit to us a copy of a Convention for reciprocal tariff arrangements between Trinidad and the United States of America, and to request us to favour you with our opinion on the question whether, if that Convention was ratified, Article IV. thereof would, or would not, preclude Trinidad from granting most-favoured nation treatment (which must, of course, include the tariff to be granted under the Convention to the United States) to countries not possessing it at present, or renewing the grant of such treatment to countries whose right thereto might expire during the term of the Convention.
We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
rates
Report-
That in our opinion Article IV. will preclude Trinidad from granting most-favoured nation treatment (in respect of the tariff rates granted under the Convention to the United States) to countries not possessing it at present, and from renewing the grunt of such treatment to countries whose right thereto may expire during the term of the Convention.
We have, &c.,
The Right Honourable J. Chamberlain, M,P.,
&c.,
&c.,
&c.
RICHARD E. WEBSTER. ROBERT B. FINLAY.
Report.
In our opinion the claim for damages should not be entertained.
It should be pointed out that, in view of the attitude of Messrs. Bridler, it is more than doubtful whether the goods were really destined for consumption at Lourenço Marques, as was assumed when it was decided that their transit might be permitted, and that, in any case, damages cannot be claimed for the detention, as there was abundant ground for suspicion that the destination of the goods was such that they could not be lawfully carried by a British vessel according to the law of the flag,
Royal Courts of Justice,
RICHARD E. WEBSTER.
ROBERT B. FINLAY.
April 7, 1900.
6745-25—4.1900 W 321 D&S 5
PUBLIC RECORD OFFICE
'' '''
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TOPage 31
13213.
Sin,
No. 33.
(GIBRALTAR.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice,
April 28, 1900.
We were honoured with your commands signified in Mr. Lucas's letter of the 21st instant, stating that, with reference to our Report of the 1st of February last, on Govr the Draft Order in Council extending the Aliens Order in Council, Gibraltar, 1885, he Conf., 12 was directed by you to transmit to us the accompanying Despatch from the Governor April, 1900. of Gibraltar, enclosing an amended Draft with copy of a Memorandum explaining its provisions. That copies of our previous Report and of the Aliens Order in Council were also enclosed.
That Mr. Lucas was to state that you concurred in the view expressed in the 5th paragraph of the enclosed Despatch, as to the necessity of regulating the right of residence of the children of other than native-born British subjects, and that he was to request us to take these papers into consideration, and to favour you with our opinion :
Whether the amended Draft was proper and sufficient for its purpose, and, if not, as
to what amendments were desirable.
We have taken the papers into consideration, and, in obedience to your commands, have the honour to
t
Report
That, in our opinion, the amended Draft is proper and sufficient for its purpose.
The Right Honourable Joseph Chamberlain,
&c., &c.,
&c.
We have, &c.,
RICHARD E. WEBSTER.
ROBERT B. FINLAY.
Colonial Secretary,
Mr. A. M. COLL to COLONIAL SECRETARY.
I have the honour to return the Confidential Despatch of the 16th February lust, with regard to the "Extension Aliens Order," and respectfully submit the accom- panying draft and observations,
If I understand the opinion given by the Law Officers correctly, the objection to the original draft is to the form in which it was drawn, and not to the principle to which it is desired to give effect. I have therefore re-drawn the proposed law, in accordance with the instructions received, by extending the provisions of the Aliens Order in Council to British subjects who are not natives of Gibraltar or employed in Gibraltar in Her Majesty's Service and their families, subject to certain limitations, to which I will refer hereafter. and by giving the Governor the power to expel and exclude from Gibraltar undesirable persons, his certificate being final.
Under clause 2 the Governor will be able by rule to regulate the admission and residence of persons subject to the Order without bringing them under the permit system. Persons on a temporary visit might be allowed to enter without any formalities beyond giving their name and address, unless they are immigrant paupers, and residents might simply be registered in the Police Office, unless in any particular case or class of cases otherwise require‹l.
The proviso to clause 2 is intended for daughters of natives or persons employed in Her Majesty's Service 'marrying British subjects other than the above, and for sons upon
6822-25-1900 WL 324 D & S 6