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PUBLIC RECORD OFFICE

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PUBLIC RECORD OFFICE, LONDON

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that, although the questions put to us refer more immediately to the right of the Sovereign of Great Britain of making pence and war with reference to louia, and if such right exists, to the mode in which it should be exercised, yet we infer, from the reference to the case of the "Leucade," and the judgment of Dr. Lush- ington thereon, that it is desired that we should state our view as to the liability. of vessels belonging to Ionians, trading with an enemy of this country, to seizure and condemnation.

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As regards the right of the Sovereign of Great Britain to prescribe to the Ionian State its course of political action, we fully adhere to the opinion contained in our report of May 19, 1854, as to the relation of the Ionian Islands to this country. We are, however, of opinion that a mere declaration of war by the Sovereign of Great Britain, will not have the effect of placing the Ionian Republic in a state of warfare with the foreign Power against which such decla- ration of war is made. It is necessary to observe that the relation between the Crown of Great Britain and the Ionian Republic is certainly anomalous in its character, and questions regarding it scarcely admit of being tried by the appli- cation of ordinary rules and principles. The right of appointing the Supreme Governor of the States, the military occupation and possession of the islands, the command of the Ionian forces, and the power of augmenting them in time of war, the right of conducting all the foreign relations of the Republic, and the power of convoking and dissolving the Senate, are the chief prerogative rights secured to and vested in the Crown of England by the Treaty of Paris and the Charter of the Ionian States; and we think they necessarily involve the power of declaring war and making peace. On the other hand, the internal govern- ment of the country is in the hands of the Ionian Legislature and of the Senate, in the latter of which bodies (independently of the British Commissioner), the Civil Executive is rested. Thus the lonian State is, as regards its foreign relations, dependent on this country, while with reference to its internal govern- ment it remains an independent State. Hence a double Executive: the British Commissioner representing the State in its foreign relations and military government, the Senate conducting the civil affairs of the country.

It becomes necessary to bear in mind this distinction and division of powers in considering the effect of what has hitherto been done with respect to the relation of Ionia towards Russia, or what it may be further necessary to do. It appears that all that has hitherto been done is that Her Majesty's proclamation of war against Russia, as Sovereign of Great Britain, has been transmitted to Ionia, and has there been published by the Senate for the guidance of Ionian subjects.

It appears to us that this is insufficient to place the Ionian State in a state of war with Russia. The lonian Senate possessing no authority whatever with reference to the foreign relations of the country, no Act of theirs can have any efficacy towards placing the subjects of Ionia in a state of warfare with Russia. A proclamation of war, or an Act of which the purpose is to place fonia in such a relation, should proceed either immediately from the Sovereign of Great Britain as the Protecting Power, or from the Lord High Commissioner as the repre- sentative of the Sovereign in Ionia, with reference to the external relations of the country. It remains to be considered whether a mere declaration of war by the Sovereign of Great Britain as such, produces any, and what, effect with reference to the inhabitants of the Ionian Islands. By the Criminal Code of the Ionian State, it is declared to be high treason in an Ionian subject to adhere to the enemies of the Ionian State or of the Protecting Power. We have no doubt, that after Her Majesty's declaration of war, an lonian subject entering into the service of Russia, or otherwise assisting the enemy, would be guilty of high treason, and liable to be punished accordingly. This, however, does not lead to the conclusion that lonian subjects are prohibited from trading with an enemy of this country. The Criminal Code to which we have referred minute in its enumeration of the particular acts which amount to an adhering to the foreign enemy. It does not include amongst them the trading with the enemy; and, although by the general laws of this and other countries, the act of trading with an enemy, though not amounting to treason, is, nevertheless, prohibited as incompatible with the duties of the subject during war; yet as the relation of the fonians to Her Majesty is not that of subjects, we think it more than doubtful whether such a principle would apply to them as flowing by implication from the provisions of the Criminal Code to which we have above referred. No

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doubt, if by the exercise of the power vested in the Sovereign of determining the foreign relations of the Ionian State, the latter should be placed in a state of warfare with Russia, the right of trading with the enemy would, thenceforth, be determined; but it must be borne in mind that by the Order in Council of the 15th April, 1854, liberty has been given even to British subjects to trade with the enemy, provided such trade be tot carried on in British vessels; under such circumstances, it would probably be thought right (if lonia should be placed in a state of war with Russia) to extend a similar permission to Ionian subjects.

With regard to the case of the "Leucade," upon which the question as to the relation of Ionian subjects to this country has more immediately arisen, we are of opinion that that vessel was not properly subject to seizure and condemnation. Firstly, because, for the reasons we have above detailed, we do not consider Ionians as British subjects, or as prohibited under existing circumstances, from trading with the enemy; secondly, because if Ionians were to be considered as British subjects and prohibited from so trading, they would be entitled to the benefit of the concession to the British subjects of the right to trade with the enemy otherwise than in British ships; and we are clearly of opinion that in no sense can an Ionian vessel be held to be a British vessel. Therefore, although we cannot bring ourselves to concur in much of the reasoning in the judgment of the learned Judge of the Admiralty Court in the recent case of the "Leucade," we find ourselves compelled to concur in the conclusion at which he has arrived, that the ship of an lonian subject trading with Russia, but without breaking blockade, is not, under existing circumstances, liable to seizure and condemnation.

We have, &c. (Signed)

The Right Hon. Lord J. Russell, M.P.,

&c.

&c.

&c.

No. 59.

J. D. HARDING. A. E. COCKBURN. RICHARD BETHELL.

No. 59.

COPY of a LETTER from the LAW OFFICERS of the CROWN to Mr. MERIVALE.

SIR,

Temple, August 21, 1855. WE were favoured with your letter of the 23rd ultimo, stating you were The Queen can, by directed by Lord John Russell to refer us to the following passage in our Report Her Declaration, of the 17th July on the case of the "Leucade:"-

place the Ionian

another country.

"A proclamation of war, or an act of which the purpose is to place Ionia Republic in a state in such a relation (i.e., of warfare with Russia), should proceed either imme- of hostility towards diately from the Sovereign of Great Britain as the protecting Power, or from the Lord High Commissioner as the representative of the Sovereign in fonia, wit. reference to the external relations of the country."

You also stated you were to request that we would inform Lord John Russell whether it is our intention by this passage to affirm that the Queen as protecting Power has the right to constitute by her own act this state of hostility.

And whether, if such is our opinion, the annexed draft of a Declaration* * vii» Appendix (with any amendment we might suggest), appears to us sufficient to constitute No. 4. such a state. Or in the event of our being of opinion that the Lord High Commissioner should be instructed to issue a Declaration, what is the form we should suggest for this purpose.

In obedience to his Lordship's commands, we have the honour to report that it was cur intention by the recited passage of our former Report, to affirm that the Queen, as protecting Power of the Ionian States, has the right to con- stitute by her own act a state of hostility between that country and any other State.

The proposed draft of a Declaration, with the amendments we have sug- gested (und we have thought it right to omit all the recitals, as uncalled for and inexpedient), will, in our opinion, be sufficient to constitute such a state of hostility.

But we think it advisable that the Lord High Commissioner should issue a Proclamation in the islands, setting forth Her Majesty's Declaration, and calling

A.