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PUBLIC RECORD OFFICE

Reference :-

TILLC.O. 885

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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

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3rd. Whether any other and more convenient course occurs to us of so conferring unequivocally on Honduras the character of a British Colony, at least so far as to obviate the possibility of its being questioned in any British court of justice.

In obedience to your Grace's commands, we have taken these papers into con- sideration, and have the honour to

Report

That the district or territory constituting “British Honduras" is, it appears to us, already de facto," and we think also "de jure," a part of Her Majesty's dominions. The repulse by British troops of the attempt in 1796 on the part of Spain to take possession of Honduras, followed by the revolt of the Spanish dependencies in South America, and the acknowledgment of their independence by Spain herself; the re- linquishment by Spain of all exercise, and even assertion, of dominion in that part of the world, and the open and unrestricted exercise at Honduras, for a long series of years, of authority, territorial and Imperial, by Great Britain; all these facts taken together satisfy us of the truth of the above proposition. Such being the case, and Honduras having been, in the main, peopled by natives of Great Britain and their descendante, and the local dominant body being now British, we also think that Honduras is now in effect a Colony of Great Britain; although having been originally a settlement by British subjects, within what was at the time Spanish territory, the name "settlement" was given to it, and has not since been entirely lost.

Under the peculiar circumstances, however, of Honduras having at first pertained to Spain, and never having been conquered (in the ordinary sense of the term) nor ever having been taken possession of by Great Britain solemnly and in form since the admitted Spanish dominion, we think that Her Majesty may be advised, if so pleased, to appoint under commission direct from the Crown an officer as Governor in lieu of the superintendent; and in the instruments used for this purpose, and in all other future Acts of State, the title "Colony" may be used instead of "Settlement" as heretofore. But it appears to us that it would not be advisable to make any com- munication either to the Spanish or any other foreign government, or to do any act importing a present assumption of either dominion or possession. For a doubt might appear thereby to be cast upon the existing "status" of Honduras with relation to this country; and in our view of the case any change that may be deemed expedient is matter of internal regulation only.

We think that at all events that after such a commission, and from that time forward, it would be incumbent on British courts of justice to recognise Honduras as a British Colony. For reasons already expressed we think that no objection exists to adopting the course suggested, in connexion with the transactions which have already taken place with respect to Honduras as disclosed in the accompanying printed papers. No other course occurs to us as more convenient for conferring unequivocally on Honduras the character of a British Colony.

There are two additional matters to which we beg to call attention in connexion with the points on which our opinion is desired: (1st) The necessity of conferring by express legislation on the "Governor" those powers which, by the present law, are vested in the superintendent" in the event of the one officer being substituted for the other; and (2nd) the great importance of a speedy determination of boundary, so that "British Honduras may receive a proper geographical definition.

To the Right Hon. the Duke of Newcastle,

&c.

&c.

&c.

We have, &c. (Signed)

J. D. HARDING.

WM. ATHERTON. ROUNDELL PALMER.

8618.

MY LORD,

No. 80. (TRINIDAD.)

LAW OFFICERS to FOREIGN OFFICE.

Doctors' Commons, September 16, 1861. We are honoured with your Lordship's commands signified in Mr. Hammond's letter of the 5th September instant, stating that he was directed to transmit to us a letter from the Colonial Office enclosing a Despatch from the Governor of Trinidad, reporting the arrival of the Confederate vessel "Sumter" in that Colony and what passed during her stay there and to request that we would take this despatch into consideration and furnish your Lordship with our opinion with regard to the propriety of the course pursued on that occasion by Governor Keate, and by the Commander of Her Majesty's Ship "Cadmus."

Mr. Hammond was also pleased to state that your Lordship would also be glad to have our opinion as to whether vessels of war or privateers belonging either to the United States or to the so-styled Confederate States can properly be required to leave British ports in the West Indies and British North America if the state of the weather will admit of their doing so.

The papers referred to in the Colonial Office letter, together with a copy of the letter to the Admiralty and other offices which has been laid before Parliament, were enclosed for reference.

"

In obedience to your Lordship's commands, we have taken these papers into conside. ration, and have the honour to

Report

That we do not precisely understand what was the course pursued towards the Sumter" by the Commander of Her Majesty's ship "Cadmus;" there is nothing from this officer, and Governor Keate's Despatch of August 7th only states that "Captain Hilligan has verified the character of the Sumter and the Commissions of Her Majesty's officers, and recognised her as a man-of-war."

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Governor Keate appears to have carefully avoided any such recognition whatever. We know not upon what instructions either of those officers may have acted, but, as at present advised, we see no reason to disapprove of the conduct of either. The "Sumter" certainly appears not to be a privateer, and is (we presume) a vessel of war commissioned by a "de facto" belligerent government.

Your Lordship's second question must, in our opinion, be at present answered in the negative.

Although it is competent by the law and usage of nations to Her Majesty, in common with all neutrals, to place certain restrictions upon the access of the ships of war or privateers of belligerent governments to British ports, yet Her Majesty has not (as far as we are aware) done so during the present contest, excepting only in case of their being accompanied by prizes in the (printed) instructions of June 1st herewith; at the present time therefore "expressio minus est exclusio ulterius; and Her Majesty's Government should determine upon and make public some other general instructions on the point, if this should be considered expedient on grounds of Imperial and inter- national policy; unless or until this is done, the ships of war or privateers of either party unaccompanied by prizes should not, in our opinion, be required to leave British ports by the local authorities.

The Earl Russell,

&c. &c. &c.

We have, &o. (Signed)

J. D. HARDING.

WM. ATHERTON. ROUNDELL PALMER

• 18978.-96. 95,9/86.