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of the points from which difficulty has heretofore arisen, certain words which we have added in the margin at the end of the first proviso of clause four (in the Solicitor General's copy of the Draft Bill) should be introduced.

Subject to this suggestion only, we think that the Draft Bill if passed into an Act will be effectual for its object, and that it may properly be introduced into Parliament. It must, of course, rest with your Grace to decide in what terms and to what extent our opinion of the 30th of April should be communicated to the Colonial Government.

His Grace the Duke of Newcastle, K.G.

&c.

&o.

&c.

We have, &c. (Signed)

WM. ATHERTON, ROUNDELL PALMER.

6230.

No. 119.

(GENERAL.)

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

10 PUBLIC RECORD OFFICE, LONDON

LAW OFFICERS to COLONIAL OFFICE.

Temple, June 23, 1862. MY LORD DUKE,

We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 6th June instant, stating that he was directed by your Grace to transmit to us a copy of a letter, which had been addressed to him by the Secretary to the Missions of the Moravian Church, relative to the status of the children born in British Colonies of missionaries who are natives of foreign states.

Sir Frederic Rogers was pleased to add that if it were the case, as your Grace apprehended, that these children would be British subjects, except in the unusual case of the parents being alien enemies, your Grace would be glad to afford to them (and, of course, to all other persons similarly circumstanced) every convenience which could prudently be given; and to request that we would favour your Grace with our opinion whether, and under what conditions, the proposed certificate, or any document equivalent to it, could be given without material risk of error or abuse, or of any inconvenience to Her Majesty's Government.

In obedience to your Grace's commands, we have taken this matter into considera- tion, and have the honour to

Report

That there can be no doubt of the title of children born under the circum- stances mentioned in Sir Frederic Rogers' letter to the character, rights, and But it appears to us that the door privileges of natural born British subjects. would be opened to serious risks of error and abuse, and that great inconvenience might in some cases arise if a system of official certificates of British citizenship were generally introduced; and we think it would be extremely difficult to lay down any xed or certain rules by which the fact of birth within Her Majesty's Foreign or Colonial Possessions might in all cases be verified, so as to enable the local authority to certify the same officially without risk of error or fraud. Upon the whole, it seems to us that it would be inexpedient to introduce any general or formal system of certifi- cates of this kind. But we see no objection to permitting the local British authorities, in cases in which any person proved to their satisfaction to be a natural born British subject may desire to have such testimony, to testify their belief of that fact in any form and manner which they may think fit. The effect of such a permission will not, as we conceive, be to commit Her Majesty's Government to require from foreign powers the recognition of the claims of any person, who may be the bearer of such a testimonial, to the character of a British subject, unless he may appear (independently of the mere fact of his having such a testimonial) to be entitled thereto.

His Grace the Duke of Newcastle, K.G.,

&c.

&c.

&o.

We have, &c. (Signed) WM. ATHERTON.

ROUNDELL PALMER.

16970.--85.

25.-2/86.

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