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PUBLIC RECORD OFFICE

Reference :-

C.O. 885

10 PUBLIC RECORD OFFICE, LONDON

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

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No. 373.

(BRITISH GUIANA.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, December 18, 1865. MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 11th instant, stating that he was directed by your Lordship to acquaint us that much inconvenience has for many years past been experienced in the Colony of British Guiana from the immigration from the conterminous French Colony of Cayenne of persons who are either escaped convicts or convicts who have either entirely served out their sentences or are at large under a system analogous to that of tickets of leave in this country.

That various plans have been from time to time proposed with a view to rid the Colony of such persons as detailed in the memorandum which accompanies this letter, and that it is now suggested that the Colonial Legislature should pass an Ordinance subjecting such persons to the penalty of banishment. The reasons for suggesting this measure will appear on a perusal of the accompanying correspondence with the Colonial Office.

Mr. Hammond was also pleased to request that we would peruse and consider these papers and report to your Lordship our opinion upon the subject.

He was also pleased to add that the French Ambassador has within the last few days, by order of his Government, given official notice of their intention to terminate the Convention of Extradition between Great Britain and France of February 13th, 1843, and that the nature of the answer to be returned to his Excellency's note is under the consideration of Her Majesty's Secretary of State for the Home Depart-

ment.

In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to

Report

That of the various plans proposed in these papers for getting rid of these persons from the Colony, we think the one now suggested, namely, that the Colonial Legis- lature should pass an Ordinance subjecting them to banishment, is the best, and we humbly advise that it be carried into execution.

We entertain, however, serious doubts whether, in case of such persons not leaving the Colony within the time prescribed, it will be advisable (even if an affirmative answer should be returned by the Governor to Mr. Cardwell's question) to adopt the plan of compelling these persons to leave the Colony in some vessel bound for the country from which they come.

We think that such a course in some cases might lead to complaints on the part of foreign Governments, and the Government of the Colony might be under the necessity of making arrangements with the masters or owners of ships for the convey- ance of these persons to some foreign destination, which would probably give occasion to various legal questions.

No Colonial Act or Ordinance can authorise deportations to any place beyond the limits of the Colony, and it follows that the infliction of imprisonment, or some other penalty within these limits, is the only sanction by which a sentence of banishment can, in case of disobedience, be enforced.

The Earl of Clarendon, K.G.,

&c. &c. &c.

We have, &c.

(Signed)

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLEFORE.

. 16178.-26. 95.-9/86.

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