CO885-(10-11) — Page 38

5399 and 9971.

:.

MY LORD,

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 885

10

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

PUBLIC RECORD OFFICE, LONDON

No. 19.

(BRITISH GUIANA.)

QUEEN'S ADVOCATE to FOREIGN OFFICE.

Doctors' Commons, May 23, 1860.

I AM honoured with your Lordship's commands signified in Lord Wodehouse's letter of the 9th May instant, stating that he was directed to transmit to me the accom- panying letter from the Colonial Office enclosing a Despatch from the Governor of May 5, 1960, British Guiana relative to a claim preferred by the Portuguese Consul at Georgetown, Demerara, to be allowed to administer to the effects of Portuguese subjects dying intestate in that Colony, and enclosing a translation of a circular addressed by the Portuguese Government to their agents abroad on this subject, and to request that I would take these papers into consideration and report to your Lordship my opinion as to what instructions should be given to the Governor of British Guiana with respect to this matter.

In obedience to your Lordships commands I have taken these papers into considera- tion, and have the honour to

Report

That if the Portuguese Consul has addressed any written communications to the Governor they are not forthcoming, and without seeing them, it is of course impossible for me to suggest whether they should receive any or what answer; if the Consul's observations have only been verbal, then I do not see that any instructions to the Governor are requisite.

Without knowing precisely what has passed between the Consul and the Governor it is not possible properly to instruct the latter; I can only suggest that it may pointed out to him-

be

1st. That he has no right or power whatsoever as Governor to alter or interfere with the existing law or legal procedure in the Colony on the subject in question.

2nd. That if the Portuguese Consul conceives that he has any legal right to interfere with or to take charge of, or administer to the effects of Portuguese subjects decessed in the absence of heirs, either generally or under any special circumstances or con- ditions, he must apply to the competent court in that behalf and not to the Governor, who has no power over the subject matter.

3rd. That no such right as that which is apparently suggested is allowed to, or even claimed by, the Portuguese Consuls in England, and that it is not conceded to any foreign consul here and does not exist by the law of England.

4th. That it is not within the Governor's province to discuss either the treaty or the colonial law with the Consul, and that he should politely decline as far as possible all such discussion, reiterating that it is quite out of his power to interpret or alter, or interfere with the existing law, or to authorise any departure from the established system in favour of Portuguese subjects or of the Portuguese Consul.

5th. In the event of the Consul's perseverance in insisting upon this claim the Governor may perhaps intimate to him that he has taken the ordinary legal steps to obtain the decision of the competent court; all further correspondence must be useless; that if he will not formally and legally make and support his claim, it cannot be considered as rejected; that the question is one of law, and not merely one of executive administration; and that until a competent court has fully heard and decided upon the claim suggested by the Consul it is impossible to know whether it legally exists or not. The Governor may perhaps also suggest that he is not aware that Portuguese subjects suffer any serious hardship or practical inconvenience from the prevailing system, that he is not aware that they would derive any substantial advantage from the alteration now suggested, and that if the Consul were to establish his claim he would be, as temporary administrator, subject and accountable to the Colonial courts, and possibly exposed to much legal responsibility and annoyance.

6th. The Governor may also observe that the circular does not appear to apply specially to the Colony or to extend to any cases but those in which the Consul is

Q 16278.701. 25.—3/86.