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9971.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

10

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

PUBLIC RECORD OFFICE, LONDON

1

.071

MY LORD,

No. 34.

(BRITISH GUIANA.)

QUEEN'S ADVOCATE to FOREIGN OFFICE.

Doctor's Commons, September 18, 1860. I AM honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 3rd September instant, stating that with reference to the passage in my Report of the 29th ultimo", in which I stated that I was not aware that the right claimed by Portugal in the matter of the administration of the property of Portuguese subjects dying intestate has been insisted on by Portugal, he was directed to transmit

to me the correspondence noted in the margin, from which I should see that this ques- Baron Mow- tion was raised in the year 1848, and was made the subject of a reference to Her com, Aug. 31, Majesty's Advocate General.

1949. Queen's Advocate,

Mr. Hammond was further pleased to state that no trace oan, however, be discovered 1848. in the Foreign Office of any report having been received from Sir John Dodson in C.O. Oct. 17, reply to the reference made to him from the Foreign Office on the 16th of February 0.0. Oct. 28, 1849.

That your Lordship considers it, however, desirable that I should see the papers now transmitted to me in case they should modify the opinion conveyed in my Report of the 29th ultimo.

Mr. Hammond was at the same time pleased to request that I would report to your Lordship whether I am of opinion that the point raised by Count Lavradio is made which could properly be made a matter of reference to the Judicial Committee of the Privy Council.

In obedience to your Lordship's commands I have the honour to

Report

That these papers although they contain important information on the subject in question do not in any material degree modify my former opinion.

I do not see how the question, as it stands, can properly be referred by Her Majesty's Government to the Judicial Committee of the Privy Council. If the Por- tuguese Consul were to take the necessary legal steps for raising and bringing it before that tribunal, by appeal' from the Colonial Court, a judicial decision might be obtained; but I by no means advise Her Majesty's Government to encourage such a course. Although under the treaty the alleged right (in question) is co-extensive with Her Majesty's dominions, yet the question is at present limited to the Colony of Demerara, where (alone) it appears to have been (for the first time) raised by Portugal in 1848, since which time it has slumbered, and Portugal has acquiesced in the Colonial law. Count Lavradio does not even allude to what passed in 1848. This state of things is favourable to Great Britain; and the question should still be con- fined to Demerara, and settled without any alteration of the Colonial law, if possible, or in the last resort, with as little alteration thereof as will satisfy Portugal.

It will not be desirable in my opinion to encourage or assist Portugal in raising the general question under the treaty either before the Privy Council or otherwise.

My predecessor, at the date of his Report of October 13, 1848, was not aware of the Colonial Ordinance of 1844, No. 18, mentioned in the Colonial Attorney General's Report of December 13, 1848, which probably precludes the Colonial courts from admitting any legal right on the part of the Consul, or even from exercising any discretion in his favour, and which Ordinance, being found very beneficial in practice, should not be altered in favour of Portugal, if it can possibly be avoided.

I have, &c.

To the Right Hon. Lord John Russell, M.P.

&c.

&c.

&c.

• No. 32.

(Signed) J. D. HARDING.

1840.

1848.

C.O. Feb. 10,

0 16278.-804.

25.-9/66.