CO885-(10-11) — Page 555

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

2

General concurs, that such annexation might take place by means of a charter of the Crown and an Act of the local Legislature.

The former report of the 4th September may, therefore, now be considered as con- taining the opinion only of the late Attorney General, Sir Hugh Cairns.

We beg further to report that we think a convenient mode of dealing with the Penguin Islands with a view to their annexation (if it be desired to annex them) would be for Her Majesty by Letters Patent under the Great Seal to appoint the Governor of the Cape Colony to be the Governor of the islands in question and to exercise the prerogative and all powers and authorities of Her Majesty in respect thereof or with Buch limitations as may be thought right; and also with special power for him to make leases or grants on behalf of Her Majesty of the whole or any of the islands, or of the guano thereon and with powers to cede or surrender the same or any of them, and cause them to be annexed to the Cape Colony and to become part of the same and declaring Her Majesty's will and pleasure that they shall and may be so annexed and become part of that Colony, and that upon such annexation the powers and authority of the Governor shall cease and determine.

To complete the annexation we think an Act of the Local Legislature would be necessary for accepting the surrender by the Governor and adopting the annexation of the islands.

The Right Hon. the Earl of Carnarvon. &c.

&c.

&c.

We have, &c.

(Signed)

JOHN ROLT.

WM. BOVILL

10808.

No. 435.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

-

13 September

Lincoln's Inn, November 12, 1866. MY LORD,

We are honoured with your Lordship's commands signified in Sir Frederic Rogers' letter of the 6th November instant, stating that he was directed by your Lordship to transmit to us the enclosed copies of a Despatch addressed by you to No. 58, Lord Monck, and of two Despatches received from Lord Monck stating the course 1966. which his Government proposed to adopt and had adopted with regard to certain Fenian No. 154, prisoners under the Acts of the Canadian Legisla- No. 155, ture whose titles were given in the margin.

"An Act to amend an Act of the pre- sent session, intituled an Act to protect the inhabitants of Lower Canada against lawless aggression from subjects of foreign countries at peace with Her Majesty.”

"An Act to amend the 9th chapter of the Consolidated Statutes of Upper

6 October 1866.

18 October 1866.

Sir Frederic Rogers was pleased further to state that these Acts (which were annexed) formed the subject of the reports of the Law Officers to the Foreign Office dated the 31st of August and 6th ultimo, and to request that we would take these papers into our consideration and inform your Lord-7 ship at our earliest convenience whether we see any objection to the course which has been pursued or is intended to be pursued by Lord Monck and the Canadian Govern- ment in the case of these prisoners.

Canada."

In obedience to your Lordships' commands we have taken the papers submitted to

us into our consideration, and have the honour to

Report

That we see no objection to the course that has been pursued and that is proposed to be adopted by Lord Monck and the Canadian Government in the case of the prisoners in question,

The Right Hon. the Earl of Carnarvon, &c.

&o.

&c.

Nos. 424 and 429.

We have, &c. (Signed)

JOHN ROLT.

WM. BOVILL.

o 16278.-96.

25.-5/86,

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