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their professed destination, although the ship might clear out for that port, unless boul were taken in each case for the due landing of the goods at that port, inasmuch as there is practically nothing to prevent a slip clearing out at the Custom-house for one place and proceeding to deliver her cargo elsewhere.

"In order to prevent effectively such a violation of the terms of the Proclamation, it would bo necessary to obtain security in each case from the exporter of arms for their due landing at the port designatel, so that all exporters of arms would be required to submit to the same restrictions and regulations under the limited Proclamation as under the more general one."

The Law Officers replied to the Colonial Office reference as follows, under date of the 28th of May, 1873 :---

"In obedience to your Lordship's command, we have the honour to report :-That in our opinion the inclosed draft Bill"should not be submitted to Parliament, because if the provision contained in that Will became law, Her Majesty might, in the event of a war, in which Great Britain was neutral, be required by either belligerent to issue the proposed Proclamation or Order in Council.

"The prohibition, if the request were complied with, we conceive would introduce a restriction upon the commerce of this country entirely new in International Law, and most difficult to carry out.

"If on the other hand the request were not complied with, the refusal would expose the Govern- ment of the day and Her Majesty to charges of partiality and breach of neutrality.

"We are unable to suggest any modification which would, by its introduction, make the proposed Bill of use, and not occasion more inconvenience than it would produce advantage.

"We have, &e, (Signed) *J. D. COLERIDGE.

"G. JESSEL.

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Commons in relation to the United Kingdom, and it may be for your Lordship to consider whether there are any exceptional circuínstances in connection with Jamaica or our relations with Spain which render it advisable to depart from that policy by allowing the Proclamation to continue in force,

“But assuming such a Proclamation to be in fores in Jamaica, we are of opinion that the Spanish Government would have a right to regard a special licence given by the Government for the exportation of arms by a person whose conduct has been such as that of M. de Cordova as a most unfriendly act.

The history both of the "Virginius" and the "Village Bride" and his connection with these vessels show distinctly that such an exportation, whatever colour may be put on the transaction, could have no other destination than that of Cuba.

a

In our opinion the nature of the transaction cannot be in the least degree altered by giving license for the exportation ou sotue other vessel for a port ostensibly innocent while there exist reasonable and almost incontestible grounds for suspecting that the ultimate destination is Cuba,

"To allow the exportation of these aruns in one other vessel to some port in Hayti or elsewhere when there can be no doubt that they are exported there to be truus-shipped for tula, is a merely colourable evasion, and would practicably be the same thing as to give a licence for their direct exporta- tion to Cuba.

“There appears to us to be only two courses proper to be taken :—

"1. To with lraw the Proclamation altogether, and then the traffic in arms in Jamnica would, as it is in Great Britain, be an innocent traffic in respect of which the Government would accept no responsibility.

2. Whilst the Proclamation remains in force, we are of opinion that no licence should be given to M. de Cordova upon any condition to export the arms.

"J. PARKER DEANE."

(Confidential.)

"Sir,

" HENRY JAMES.

"W. V. HARCOURT.

"We have, &c. (Signed)

}

"J. P. DEANE.

PUBLIC RECORD OFFICE

C.O.8

Reference -

885

3 PUBLIC RECORD OFFICE, LONDON

"The Right Hon. the Eark of Kimberley,

&c.

&c.

&e."

In view of these opinions, the Bill was not proceeded with,

II.

So much for the law and practice in the United Kingdom. In the Colonies the law or practice has been somewhat different.

In some instances, Colonies possess Acts conferring on the Governor powers more extended than, or varying from, those given to the Queen by the 150th section of the Customs Consolidation Act; or where the local law is based upon that model, as is most frequently the case, it has been put in use for objects and in a manner at variance with the principles guiding the Government of the United Kingdom. Instances of such variation from Imperial law or practice came under the notice of the late Law Officers of the Crown, and after having more than once commented upon them unfavourably, they, on the 7th of January, 1874, addressed a formal representation upon the subject to Earl Granville, which, with the letter from the Foreign Office inclosing it to the Colonial Office (17th of March), is here set

out :-

The Law Officers of the Crown to Earl Granville.

Temple, January 7, 1874.

"My Lord,

"We are honoured with your Lordship's commands signified in Lord Tenterden's letter of the 31st December, stating that he was directed by your Lordship to transmit to us the accompanying letter from the Colonial Office and its inclosures, detailing the circumstances under which certain arms and ammunition found on board a vessel culled the “Village Bride" were seized and detained by the authorities of Jamaica. He also stated that before replying to the above letter our Lordship would be glad to have our opinion upon this case in connection with that of the "Virginius," to which we should see that it in some way relates, M. de Cordova the person interested in the *Village Bride" having been also the consignee of the “ Virginius."

"In obedience to your Lordship's conmands we have taken this matter into our consideration and have the hour to Report-

That we have not before us either the local laws relating to the importation of arms at Jamaica or the Proclamation forbidding the exportation of arms without licence from this Government, but we' assume that it is a Proclamation against the export of arms generally.

"We think it right to point out to your Lordship that the difficulty which has arisen in this case occurs through the existence of a Proclamation forbidding the export of artus from a British pressession, a policy contrary to that which is now firmly established with the express approval of the House of

See the Law at the top of page 8 of this Memorandum. It authorizes prohibitions to particular places; but the prohibition was in fact general.—E. F.

The Foreign Office'to the Colonial Office.

"Foreign Office, March 17, 1874. "I am directed by the Earl of Derby to state to you that Earl Granville referred to the late Law Officers of the Crown your letter of the 22nd of December last, relative to the seizure and detention at Jamaica of certain arms and ammunition found on board the Village Bride;" and I aru to transmit to you, for the information of the Earl of Carnarvon, a copy of the Law Officers' Report upon the subject.

"Lord Carnarvon will see that this Report tends to throw some donht upon the policy which has hitherto on many occasions been pursued by the Governors of British Colonies of prohibiting the export of arms from the Colonies under their jurisdiction, on account of the existence of a state of hostilities in neighbouring countries, such a policy being, as pointed out in the Report, contrary to that which is now firmly established, with the express approval of the House of Commons, in relation to the United Kingdom.

“The question thus raised is a large and important one, and, in order that it may be carefully considered by Her Majesty's Government, I am to request that you will move Lord Carnarvon to cause Lord Derby to be furnished with a complete statement showing the powers enjoyed by the Governors of Her Majesty's different Colonial Possessions in regard to prohibiting the export of arms, the instructions which have been from time to time given to thon upon the subject, the occasions upon which they have exercised those powers, and the circumstances under which they have so exercised, them.

"I am, &c.

(Signed)

TENTERDEN.”

In compliance with the request contained in the Foreign Office letter, the Colonial Governments were desired to supply the Secretary of State with a statement of the powers which are possessed by them to prohibit the exportation of material of war, as well as of the occasions on which, and the circumstances under which, those powers had been exercised.

Answers have now been received to this Circular from all the Colonies except St. Lucia, Sierra Leone, Gambia, Heligoland, and New South Wales, but as it is believed that the answers from these particular Colonies would be of no great importance in the general consideration of the question, the answers already received have been analysed. It appears from the answers to a previous Circular (1 December, 1870) that of these Colonies, Saint Lucia, New South Wales and the Ciambia possess the usual powers of prohibition.

In the following Colonies there is no law authorizing the Local Government to prohibit the export of arms :-

Gibraltar (which, however, has power to forbid the export of arms). Gold Coast.

Montserrat.

Newfoundland.

Nevis.

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