CO885-(10-11) — Page 246

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PUBLIC RECORD OFFICE

C.O.

Reference :-

885

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The report of the solicitor was transmitted to the Duke of Newcastle, and the following is an extract from the letter from the Colonial Office relative to that report:

"Before sending instructions to the Governor of the Falkland Islands (who has not at present the advice of any lawyer) the Duke of Newcastle was desirous of ascertaining more definitely what steps the Lords of the Treasury desire him to take, and inquiry was accordingly made at the Treasury on the 6th and 8th instant; it proved, however, from different reasons, impracticable to obtain the requisite instructions.

"I am now to state that there is no officer in the Falkland Islands bearing the name of escheator, nor at present any lawyer in the employment of Government to whose advice the Governor could resort; that the law provides for a chief magistrate and justices whose powers are defined for the most part by the Colonial Ordinances Nos. 10 and 11 of 1853, which with the other Falkland Islands Ordinances, which are not numerous, can be communicated to the Treasury Solicitor if he is not already in possession of them. I am to add that by the 47th clause of No. 10 of 1853, the "Laws and Statutes" in force in England on 1st January 1850 are to be applied as far as practicable to the administration of justice in the Falkland Islands.

"Under these circumstances the Duke of Newcastle would suggest that it would be desirable that the Governor should be furnished with more specific instructions on the following points :-

"

"Their Lordships are desirous that it should be directed to take the proper steps for the discovery of the alleged treasure. But it is very difficult from the annexed papers to perceive what those steps are, whether, for example, their Lordships are prepared to sanction any expenses in providing evidence, or traversing the different islands in pursuance of any indications derivable from such evidence, or whether the Governor or to enter into would be at liberty to hire a vessel to watch the "Frances Palmer some compromise with those who have fitted her out on terms of relinquishing to them any stated part of the treasure found. Again, it would be desirable to instruct him generally what officer (under the state of the law which I have above decribed) would be entitled to hold an inquest on the matter, and as to the form and mode of holding such inquest, matters in which he will be naturally very ignorant, and may make serious mistakes.

"Also it would be desirable to inform him as far as possible, to what extent he would

the Colony or, in de- be justified in resorting to force in order to seize or detain the ship "Frances Palmer,"

mit of such, that the

rsor might hold the or any treasure which she may be known or suspected to have taken on board or to

fguess before a jury of be about to take on board, from the islands at the risk of incurring heavy claims for

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torney General's case.

I am aware that Mr. E. R. Griffiths, who has just been nominated to the chief magistracy of the Falkland Islands, is now in this country; his address is 3, Plowden Buildings, Temple. The duties of the office are at present performed by the Surveyor General under a provisional appointment from the Government.

The Attorney and Solicitor General are requested to advise upon the points men- tioned in the letter of Mr. Elliot dated the 17th of June 1863, and as to the course which it may be proper for the Government to take herein.

Report.

We think that the treasure in question, if, indeed, it really exists, and shall be dis- covered, will be the property of Her Majesty, under the English law which prevails, generally speaking, in the Falklands Islands. On the discovery being made, an inquest of treasure trove should be held before the coroner, or some other officer; who, without the name, fulfils the duties of coroner, or before the chief justice or sheriff. A jury should be summoned, and the inquest taken (mutatis mutandis) according to the form followed recently at the Mountfield Inquisition in Sussex, of which a copy has been furnished from the Treasury. The inquisition will establish the Crown's title, and after that, any concealer or spoliater may be prosecuted and punished.

It is not within our province to advise with reference to the means to be adopted, or the expense to be incurred in the endeavour to discover the treasure; we can only observe, that it is with discovered treasure alone (treasure trove) that the English law concerns itself, and to such only its provisions apply. Neither is it for us to consider how far it may be expedient under the peculiar circumstances of the case, to propose or entertain terms of compromise.

As regards the seizure or detention of the ship "Frances Palmer," it would be illegal on the Governor to seize that vessel on the mere suspicion that she had taken on board

5

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the treasure or any part of it. If indeed it were known, and could be clearly proved that treasure was on board, and the captain on demand should refuse to give it up to some one duly authorised by the Governor to demand it, on behalf of Her Majesty, the ship might be boarded, within British territory, and the treasure on being found, removed for the purposes of an inquisition. Any such proceedings by force must, however, be attended with great danger, especially as the "Frances Palmer foreign ship; and it would seem to us on the whole, that the British Government bad better not intermeddle in the matter, unless they are disposed to be at the expense of search and discovery for themselves.

WM. ATHERTON. BOUNDELL PALMER.

Temple, July 16, 1863.

(Signed)

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