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where than at the quays or wharves within the township of Hamilton or in the port of St. George.

2. We think that the Act of 1861 (No. 14) has by section 19 effectually declared and defined the limits of the port of Hamilton to be those designated by the proclama- tion, and has thus adopted and confirmed it.

3. We think it clear that the Corporation of Hamilton can have no claim whatever upon the Government or Legislature for any compensation either on account of the proclamation of 1819 or of the Act of 1861, or in the event of the future legal establishment or extension of any port.

4. Our opinion is not affected by any of the considerations referred to in the letter of the Colonial Attorney General.

We interpreted the Act of 1861 by the ordinary rules of construction, and that interpretation is not affected by the statement of the Colonial Attorney General that the Legislature did not intend that which we consider to be the legal effect of their words. We continue to think that the recognition of the port, as defined by the proclamation of 1819, carried with it the privilege of landing goods within the extended limits; it being, in our opinion, impossible to read the earlier sections of the Act of 1861 (No. 14) as referring to a different" port of Hamilton" from that men- tioned in the 19th section; and the proclamation of 1819 (whether legally valid, without confirmation, or otherwise) having been acted upon, as if valid, from its date till 1861.

5. It becomes unnecessary to answer this question.

6 and 7. We think that the power given by the 1st proviso of the 7th clause of the Act of June 1790 may still be exercised with the approval of the Governor.

8. We think that the Colonial Custom House may exercise this power anywhere without respect to any injury which may be supposed to be inflicted on the corpora- tion, who took their privileges subject to the exercise of this power unrestricted by any limit of distance from the port of Hamilton.

9. We think that special permission under the 7th clause of the Act of June 1790 should be given in each particular case, and that the proviso in question does not authorise the admission under a general rule of a whole class of cases which declared by such rule to be special.

The Right Hon. Edward Cardwell, M.P.,

c.

&c.

&o.

We have, &c.

(Signed)

may

be

ROUNDELL PALMER, R. P. COLLIER,

9543.

No. 359.

(GENERAL.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, September 21, 1865. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 18th of September instant, stating that with reference to our report of the 4th instant he was directed by your Lordship to transmit to us a letter from the Sept. 14. Admiralty enclosing the draft of an instruction which the Lords Commissioners of the Admiralty propose to address to Rear-Admiral Denman, directing him to treat the "Shenandoali as a pirate, and to request that we would take this matter into our consideration, and favour your Lordship with our opinion whether by the laws, of this country the "Shenandoah" could be treated in a British court as a pirate.

In obedience to your Lordship's commands, we have taken this matter into conside- ration, and bave the honour to

Report

"

That having regard to the fact that the "Shenandoah" belongs, if she be a vessel of war, to the United States, and in that case is sailing and acting without a commission from that Government, and if she be a merchant vessel is engaged in the seizure and destruction of other merchant vessels, though such vessels only at present appertain to the country of the United States, and to the fact that the "Shenandoah has been apprised that the Confederate flag has for some time ceased to be recognised by all nations, we think it is lawful to instruct the commanders of Her Majesty's ships to forcibly detain such vessel if she comes into port, and also forcibly to seize her upon the high seas if she be found equipped as a vessel of war, and sailing without the commission of any State do jure or de facto recognised by Her Majesty's Government.

We think that prima facie such a vessel would be liable to be treated in a British court as a pirate.

We have, &c.

The Earl Russell.

(Signed)

ROUNDELL PALMER.

R. P. COLLIER.

R. PHILLIMORE.

0 16278.-171. 25.-9,86.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

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