CO885-(10-11) — Page 212

2726.

No. 168.

(ВАНАМАН.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Temple, March 14, 1863. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 25th ultimo, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office, enclosing a copy of a Despatch from the Governor

of the Bahamas, transmitting a proclamation which he had issued prohibiting native pilots from serving on board belligerent ships, and stating that he had instituted pro- ceedings against two men who had acted as pilots.

Mr. Hammond was to request that we would take this matter into consideration, and

report to your Lordship our opinion thereupon.

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

Report

That it does not clearly appear whether the proclamation purports to forbid Her Majesty's subjects from exercising towards the vessels of belligerents the ordinary calling of pilots, that is, from merely piloting vessels of war in and out of the Bahamas harbours, not remaining permanently on board, but returning to their boats as soon as they have safely conducted the vessels within or without the harbour, or whether it is intended to prohibit Her Majesty's subjects from serving permanently as pilots on board belligerent vessels. In the former case we should think that the prohibition goes beyond the law in this matter, in the latter case it appears to us open to no objection.

It would be inexpedient to recall the proclamation for the sake of introducing words calculated to remove the ambiguity, but in practice it ought not to be allowed to affect pilots exercising in the ordinary way their ordinary vocation.

So far as the proclamation prohibits the service of seamen not employed as 'pilota it

is in accordance with the law upon the subject.

The Earl Russell,

&c. &c. &c.

We have, &c.

(Signed)

WM. ATHERTON. ROUNDELL PALMER. ROBERT PHILLIMORE.

16970.-156. 25.-9/86.

PUBLIC RECORD OFFICE

Reference :-

PELLIC.O.

885

PUBLIC RECORD OFFICE, LONDON

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