CO885-(10-11) — Page 161

PUBLIC RECORD

OFFICE

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·885

10 PUBLIC RECORD OFFICE, LONDON

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mentioned in the following section. And those are lands of natives belonging to them "in common as tribes or communities," and of which the extinguishment shall have been obtained by Her Majesty.

Under the 53rd section we think it competent to the General Assembly to make laws respecting lands belonging to natives (if any such there be) not occupied, &c. by them "in common as tribes or communities" as described in the 73rd section,

But we think the provisions of the proposed Colonial Act are repugnant to the 73rd section of the Constitutional Act, as sanctioning the acquisition by others than Her Majesty of such lands as the 73rd section refers to.

It appears to us that the proposed Draft Bill to be laid before the Imperial Parlia- ment will be sufficient for the purpose of enabling the Legislature of New Zealand to pass the proposed law.

We have, &c.

His Grace the Duke of Newcastle, K.G.

&c.

&c.

&c.

(Signed)

WM. ATHERTON. ROUNDELL PALMER.

6885.

MY LORD,

No. 122.

(ВАНАМАВ.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, July 4, 1862. We are honoured with your Lordship's commands, signified in Mr. Hammond'a letter of the 18th ultimo, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office enclosing copies of Despatches from the Governor of the Bahamas, in which he requests instructions with reference to the circumstances attendant upon the capture of the steamera "Bermuda" and "Ella Warley' United States' cruisers, and also to the alternative given by the United States authorities to the agents of the schooner "Time" of either discharging the cargo or giving bonds for it.

by

And to request that we would take these matters into our consideration and furnish your Lordship with our opinion as to the answers which should be returned to the Governor of the Bahamas with reference thereto.

We are also honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 21st ultimo, stating that with reference to his letter of the 18th ultimo he was directed by your Lordship to transmit to us the accompanying Despatches and their enclosures from Her Majesty's Minister at Washington respecting the complaint of Messrs. Adderley & Co. with regard to the restriction imposed by the United States Government in the oase of the cargo on board their vessel "Time," and to request that we would take these papers into our consideration together with those already before us. Mr. Hammond was also pleased to state that he enclosed, for our information, a Despatch and its enclosures from Lord Lyons, showing Messrs. Adderley & Co.'s general connexion with vessels running the blockade.

We are further honoured with your Lordship's commands, signified in Mr. Ham- mond's letter of the 24th ultimo, stating that he was directed by your Lordship to transmit to us a Despatch from Her Majesty's Consul at New York reporting the capture of the British steamer "Ella Warley," which case had been referred to us in his letter of the 18th June ultimo.

In obedience to your Lordship's commands we have taken these papers into our consideration, and we have the honour to

Report

That as regards the capture of the "Ella Warley," mentioned in Governor Bay- ley's Despatch of the 13th May, and more fully in the letter thereto annexed of Messrs. Adderley of the 12th May, and again brought forward in Acting Consul Edward's Despatch of 3rd June, no sufficient information is laid before us to enable us to form an opinion as to the reasonableness or unreasonableness of the captura. The place of capture described by Messrs. Adderley as 100 miles north of Aboco of itself decides nothing, except, probably, a fact in favour of the captors, namely, the capture on the high seas and not in neutral waters, so tho alleged ownership by a British subject and the nature and destination of the cargo are mere general ex parte statements fit and proper for the consideration of the prize court, upon sworn In this as in other like cases attention may testimony and full investigation.

properly be paid, for the information of Her Majesty's Government, to the proceedings which we presume will be taken in the prize court.

The statement in Acting Consul Edward's Despatch, relating to the plunder by the American prize crew of such members of the crew of the "Ella Warley" as are British subjects, if well founded, appears to us to call for the grave remonstrance of Her Majesty's Government and a prompt demand for redress. Upon this part of the case of the Ella Warley," as well as on the detention in Fort Lafayette, we beg to refer to our Report of the 3rd July instant, on the subject of the treatment of the crews of captured British vessels by the American authorities as well as by the prize crews of the capturing ships. To that Report we have nothing to add on these points The only statement with reference to the capture of the "Bermuda" is, that a vessel supposed to be the "Bermuda" was taken in tow by an American steam ship on the 27th April, in view of the light keeper at Aboco; from which circumstance Com- " within five mander McKillop infers that the vessel so taken was probably captured

。 16978.-3098. 25.-9/86.