CO885-(10-11) — Page 632

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PUBLIC RECORD OFFICE

Reference:

CO. 885

11 PUBLIC RECORD OFFICE, LONDON

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

No. 499. (JAMAICA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, March 16, 1868. MY LORD Duke,

We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 10th March instant, stating that he was directed by your Grace to transmit to us copies of a letter from Mrs. Gordon requesting the delivery to her of private papers and memorands belonging to her late husband, and of the answer thereto, and of a further letter of the 5th of March upon the same subject from Mr. Chamerorzow,

1868.

Sir Frederic Rogers further stated that he was directed to transmit to us, for our Jan. 16, information, a list of the papers which were given up to your Grace's department by 1868. Mr. Roundell, the Secretary to the late Royal Jamaica Commission, and that in that C.O., 6 Feli. list the letters and papers specially relating to the late W. G. Gordon are marked B.; and he was desired to call our attention to the items 83 B. and 84 B., those two packets consisting in the main of private papers and memoranda of Mr. Gordon, such as receipts, accounts, acknowledgments of debts, agreements, an old policy of insurance, and so forth; and that those were the papers which, with the exception of the pocket- book, your Grace proposed to give up to Mrs. Gordon.

Sir Frederic Rogers was also pleased to state that it is apprehended that Mrs. Gordon has no claim at law to any of the papers or letters in the list B.; some, as would be seen, are not the private property of Mr. Gordon, but of the persons to whom they were addressed; and all have now, more or less, of a public character, and were officially handed over to the Colonial Office by the Royal Commissioners, and their production may hereafter may possibly be required in the legal proceedings now pending, or which be instituted; that under those circumstances he was desired by your Grace to request that we would favour your Grace with our opinion

1. Whether your Grace is entitled to retain all or any of the papers handed over to

the Colonial Office by the Royal Commission? and

2. What answer should be returned to Mr. Chamerorzow.

In obedience to your Grace's commands we have the honour to

Report

That as the trial and execution of Gordon, even if legal and justifiable, did not cause a forfeiture of his goods and chattels, letters and papers which belonged to him would become the property of his legal personal representative; and if Mrs. Gordon were clothed with this character, and were to sue in a court of law for the detention of the papers, we think that there would be no valid defence to such an action.

Prima facie many of the papers in Schedule B. would appear not to have been the property of Gordon, but letters addressed to Gordon would be his own property, and letters addressed to third person, if given back to Gordon for any purpose, would also be his property. Drafts or documents (such as resolutions, newspapers, &c.) taken from amongst Gordon's papers, would also be his.

Having regard to the promise made to Mrs. Gordon, we think that it would be expedient to restore to her all papers of a private and innocent character, which may fairly be supposed to have been her husband's property; and, perhaps, it will be better to do this, under all the circumstances, without requiring that she should make herself administratrix to her late husband.

As regards other papers belonging to Gordon, although they could not be legally detained, yet if their contents are such as to inculpate Gordon, and therefore to some extent justify Governor Eyre, and if they are deemed very important for that purpose, it may be thought right still to detain them; but this, in our opinion, cannot be done without risk of an action if Mrs. Gordon were to sue as representative of her husband, to which action, as we have said, there would, we think, be no defence in law.

We think it would be prudent to have copies kept of any papers of importance that are restored.

(Signed)

His Grace the Duke of Buckingham and Chandos.

We have, &c.

JOHN B. KARSLAKE. WM. BALIOL BRETT.

0 16978.-364. 25.--5/26.