1711.
PUBLIC RECORD OFFICE
Reference :-
TC.O.
viwuím
885
PUBLIC RECORD OFFICE, LONDON
FALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
No. 309.
(MAURITIUS.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Lincoln's Inn, February 10, 1865. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 26th ultimo, stating that with reference to our report of the 27th May last, on the draft of a treaty intended to be proposed to the Government of Madagascar he was directed by your Lordship to transmit to us a letter from the Colonial Office inclosing a copy of a Despatch from the Governor of Mauritius, and copy of a report from the Procureur General of that Colony on the subject of the treaty. Mr. Ham- mond was also to remark that the Procureur General had not before him the draft of treaty prepared by Her Majesty's Government, but only a draft prepared by the French Government with which the English draft was to be in general harmony, and that therefore some of his observations do not apply to the latter draft.
That there were, however, two points mentioned by the Procureur General with regard to which your Lordship would be glad to be furnished with an opinion, namely, whether the article about extradition should be amended so as to include persons other than British subjects, and to apply the warrants of arrest issued by Colonial Courts, and whether a power should not be reserved to the Queen of Madagascar to prohibit the exportation of contraband of war.
A memorandum relative to the points raised by the Procureur General was also inclosed for convenience of reference, and Mr. Hammond was pleased to request that we should take this subject 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
(1.) That we think there is sufficient weight in the observations of the Procureur General of the Mauritius upon the Article numbered 16 in the English (and 8 in the French) draft to make the amendment of that Article expedient, and we recommend that it should stand as follows:--
"Her Majesty the Queen of Madagascar engages to deliver up to the British Consul, on requisition, all persons of whatever nation who may be under prosecution before any Courts of Justice in Great Britain, or in any British Colony or Possession for any criminal offence committed within British jurisdiction, and who may take refuge within Her Majesty's Dominions. Provided always, that if any such person shall be a subject of any European nation over whose subjects Her Majesty the Queen of Madagascar shall be precluded by treaty from exercising jurisdiction, such person shall not be delivered up without the consent of the Consul or other proper authority of his own nation."
C
(2.) With respect to the Article numbered five in the English (and four in the French draft) which is criticised by the Procureur General; although the verb in the English draft is may, not must, we still think the interpretation so far open to doubt as to make the amendment of that article also expedient, and we would suggest the substi- tution for the sentence beginning "leases, contracts of sale or purchase" of the following words "leases, contracts of sale, or purchase of houses or lands in Madagascar and engagements of labourers may be executed by deeds signed before the British Consuls and the local authorities," omitting the words "and other engagements," and restricting the preceding words to contracts concerning houses and lands in Madagascar.
We do not think that it would be necessary, or even expedient to propose that in such cases the authentication of a contract by the British Consul only without the concurrence of any local authority should be conclusive.
(3.) With respect to Article 6 of the English (14 of the French) draft we presume that Her Majesty's Government had some reason, unknown to us, for thinking it proper to make a difference between the importation into Madagascar, and the exportation from Madagascar, of munitions of war. Subject to the weight which may be due to that motive (whatever it may be) we should have been disposed to think that the same
0 16976-549. 25.-2/86.
1.
No. 309.
(MAURITIUS.)
LAW OFFICERS to FOREIGN OFFICE.
Load,
Lincoln's Inn, February 10, 1865. We are honoured with your Lordship's commands, signified in Mr. Hammond's r of the 26th ultimo, stating that with reference to our report of the 27th May on the draft of a treaty intended to be proposed to the Government of Madagascar ras directed by your Lordship to transmit to us a letter from the Colonial Office sing a copy of a Despatch from the Governor of Mauritius, and copy of a report 1 the Procureur General of that Colony on the subject of the treaty. Mr. Ham- d'was also to remark that the Procureur General had not before him the draft of by prepared by Her Majesty's Government, but only a draft prepared by the French ernment with which the English draft was to be in general harmony, and that sfore some of his observations do not apply to the latter draft.
hat there were, however, two points mentioned by the Procureur General with rd to which your Lordship would be glad to be furnished with an opinion, namely,
ther the article about extradition should be amended so as to include persons other British subjects, and to apply the warrants of arrest issued by Colonial Courts, whether a power should not be reserved to the Queen of Madagascar to prohibit exportation of contraband of war.
memorandum relative to the points raised by the Procureur General was also sed for convenience of reference, and Mr. Hammond was pleased to request that hould take this subject into consideration, and report to your Lordship our opinion
Jupon.
obedience to your Lordship's commands we have taken this matter into considera- and have the honour to
Report
.) That we think there is sufficient weight in the observations of the Procureur eral of the Mauritius upon the Article numbered 16 in the English (and 8 in the ch) draft to make the amendment of that Article expedient, and we recommend it should stand as follows:-
Her Majesty the Queen of Madagascar engages to deliver up to the British Consul, equisition, all persons of whatever nation who may be under prosecution before Courts of Justice in Great Britain, or in any British Colony or Possession for any inal offence committed within British jurisdiction, and who may take refuge within Majesty's Dominions. Provided always, that if any such person shall be a subject ny European nation over whose subjects Her Majesty the Queen of Madagascar be precluded by treaty from exercising jurisdiction, such person shall not be ered up without the consent of the Consul or other proper authority of his own
מי
.) With respect to the Article numbered five in the English (and four in the French which is criticised by the Procureur General; although the verb in the English is may, not must, we still think the interpretation so far open to doubt as to › the amendment of that article also expedient, and we would suggest the substi- n for the sentence beginning "leases, contracts of sale or purchase" of the wing words "leases, contracts of sale, or purchase of houses or lands in Madagascar d engagements of labourers may be executed by deeds signed before the British nauls and the local authorities," omitting the words "and other engagements," restricting the preceding words to contracts concerning houses and lands in gascar.
e do not think that it would be necessary, or even expedient to propose that in cases the authentication of a contract by the British Consul only without the irrence of any local authority should be conclusive.
) With respect to Article 6 of the English (14 of the French) draft we presume Her Majesty's Government had some reason, unknown to us, for thinking it proper ake a difference between the importation into Madagascar, and the exportation from gascar, of munitions of war. Subject to the weight which may be due to that ve (whatever it may be) we should have been disposed to think that the same
> 16978-549. 25.-2/84.
PUBLIC RECORD OFFICE
Reference :-
C.O.885
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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