CO885(2-3) — Page 561

British Honduras.

Canada.

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The following Colonies possess laws on the subject, which follow mutatis mutandis the 150th section of the Imperial Customs Consolidation Act, the supplementary provisions respecting machinery varying in each case according to the local system of law and procedure. It may be observed that the Colonies were invited to adopt this section by a Circular despatch from the Duke of Newcastle of

1861, issued upon the occasion of the exercise by Her Majesty of her powers during the American war, and again by a Circular despatch from Lord Kimberley of the 1st December, 1870.

In those Colonics marked with an asterisk (*) in this list, the Government reports that it has never exercised its powers of prohibition.

Antigua-Act No. 3 of 1871.

• Bahamas-Act 36 Vict., c. 8, s. 151.

• Barbados-Trade Act 1870, el. 32.

* Berinuda-Act No. 3 of 1862, rendered perpetual by Act No. 6 of 1864.

British Honduras-Act No. 4 of 25 Vict., aided temporarily by Act No. 10

of 30 Vict., which has now expired.

Canada-Act 31 Vict., c. 6, s. 124.

Ceylon-Ordinance No. 17 of 1869, s. 95.

* Dominica-Act of 5th May, 1871.

Hong Kong-Ordinance No. 3 of 1862.

Natal-Act No. 8 of 1862.

New Zealand—Customs Act No. 40 of 21 and 22 Vict., s. 122.

* Queensland-Customs Act No. 1 of 1873, s. 147.

St. Helena-Act No. 2 of 1871.

• St. Kitts-Act No. 222 of 15 September, 1865, s. 10.

* St. Vincent--Act No. 178, April 1862..

South Australia-Customs Acts 1864, s. 119.

Tasmania---Act No. 3 of 1861, s. 104, being a re-enactment of Act 3 of 1860.

* Tobago-Act No. 11 of 26 Vict.

Victoria-Act No. 13 of 21 Viet., s. 123 (all goods).

* Virgin Islands-Ordinance No. 2 of 1871.

• Western Australia-Act 35 Vict., c. 9.

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The powers possessed by the Government of British Honduras under the local Act 25 Vict., c. 4, have been frequently exercised. The following is a list of the Proclamations on the subject, with the duration of each :--

1. July 25, 1866; 3 months.

2. October 10, 1866; 3 months.

3. January 11, 1807; 3 months.

4. April 3, 1867; 3 months from April 17, 1867.

5. August 12, 1873; 6 weeks.

6. September 19, 1873; 6 weeks.

7. November 3, 1973; 14 days.

The first four Proclamations were issued in consequence of Indian raids upon the north-west frontier of the Colony. The last three were issued upon the occasion of a civil war in Spanish Honduras aud in consequence of a rebel General (Palacios), who had collected munitions of war in the United States, having consigned them in transitu to a merchant at Belize. These Proclamations attracted the attention of the Law Officers at the time, and they raised objections to them similar in character to those afterwards urged by them in their letter to Lord Granville of the 7th of January, 1874.

The power given by the present Canadian Act 31 Vict., c. 6, s. 124, has not been exercised. But a similar power given by a previous Act 27 Vict., c, 41, was exercised in respect of anthracite coal by a Proclamation dated the 4th of August, 1864. The history of the transaction, which resulted in this Proclamation, įs as follows:-

The United States Government in 1863 prohibited the exportation of anthracite coal, which they believed to be an article of value to the Southern cruizers. Not only did they prohibit its export by sen, but also along their interior froutier, otherwise the prohibition against exportation by sea would have been nugatory. This bore hardly upon certain Canadian iron-founders, who represented. their grievances to Lord Lyons; and after negotiations and correspondence, Lord Lyons,

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at the suggestion of the Canadian Privy Council, obtained a promise from the United States Government to modify its Proclamation, so as to admit of the introduction of anthracite coal into Canada by land upon condition of the Canadian Government prohibiting its export from the Colony. The proposal of the Canadian Privy Council was pronounced unobjectionable in a letter from the Foreign Office to the Colonial Office of the 1st of June, 1864, and assented to in a despatch from Mr. Secretary Cardwell to Lord Monck of the 10th of that month.

Thus the Canadian Government used its powers to further the operation of one belligerent against another in order to relieve the distress of certain manufacturers. It may be doubted whether this was a use of the power which would have commended itself to the approbation of the late Law Officers.

Subsequently on the 22nd of November, 1864, a further Proclamation was issued prohibiting the export of arms generally. The reason for this latter Procla- mation is to be gathered from the following Minute of the Canadian Privy Council, upon which it issued :—

Copy of a Report of a l'ommittee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council on the 22nd Niwember, 1864.

“On a Memorandum, dated 22ud instant, from the Honourable Attorney-General, Upper Canada, stating that it having come to his knowledge that certain ammunition, shell, and solid shot, and a certain gun-carriage, had been prepared at Guelph, in Upper Canada, and packed in laoxes for the purpose of being sent, coastwise, from Collingwood to Spanish River, under circumstances which laid him to suspect they are intended to be used against the shipping of the United States; he, the Attorney- General recommends that a Proclamation do immediately issue, unler the Statute 27 Vict., cap. 4, for prohibiting the exportation, or the carrying constwise, or by land navigation of artus, atumunition, gun- powder, and military and naval stores, and any article manufactured for the purpose of forming part of any kind or deseription of arms or for the purpose of mounting the same.

"The Committee advise that a Proclamation issue to the above effect forthwith.

(Signed) "W. A. HIMSWORTH, Clerk, Privy Curacil.

"To the Honourable the Minister of Justice,

&c.

&c.

&c."

"Certified,

Both Proclamations were revoked by one bearing date the 16th of June, 1865, the war having concluded.

The powers possessed by the Ceylon Government under the Local Ordinance No. 17 of 1869, s. 95, were put in force by a Proclamation dated the 21st of May, 1873, forbidding the export of munitions of war to Acheen. This was issued at the request of Count Loudon, Governor-General of the Netherland Indies.

It was recalled under instructions from the Secretary of State, dated the 25th September, 1873, the Law Officers having reported it to be objectionable on account of the prohibition not being general but special.

The powers possessed by the Hong-Kong Government under the Local Ordinance No. 3 of 1862, were put in force by a Proclamation of Lieutenant- Governor Mercer, dated the 28th of February, 1863, and continued twice for twelve months at each extension by two further Proclamations of Sir Hercules Robinson, dated the 27th of February, 1864, and the 24th of February, 1865. The Proclamation was free from objection technically as being general in terms, but the following letter from the Foreign Office, in consequence of which the Local Government was instructed to act, will show that the object aimed at was to thwart the operations of one party in a civil war then progressing in a neigh- bouring State, and not the protection of Great Britain or its dependencies against aggression.

"Sir,

Foreign Office by Colonial Office.

"Foreign Office, November 13, 1862. "I am directed by Earl Russell to transmit to you herewith, a copy of a despatch from Her Majesty's Minister in Chin, setting forth the inconvenience which arises from the facility with which the Chinese Insurgents obtain arms and military stores, and I am to request that you will submit to the Duke of Newcastle whether the Governor of Hong Kong might not be instructed, through the Anal Legislature or otherwise, to take steps for preventing the exportation of warlike stones of any kil to districts either in the possession of or accessible to the lusurgents, or generally to the ports of

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Ceylou.

Hong Kong.

PUBLIC RECORD OFFICE

Reference -

TTTC.O.885

3 PUBLIC RECORD OFFICE, LONDON

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