CO885-(10-11) — Page 690

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PUBLIC RECORD OFFICE

C.O. 885

Reference :-

MY LORD,

No. 548.

(SIERRA LEONE.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, January 13, 1869. We are honoured with your Lordship's commands, signified in Mr. Otway's letter of the 18th ultimo, stating that he was directed to transmit to us the accom- panying correspondence having reference to the recent occupation by the French of certain rivers and districts on the West Coast of Africa. Mr. Otway was further pleased to state that, with some of the countries occupied by the French, British subjects have hitherto enjoyed free and unrestricted commerce, secured to them by treaties of considerable standing; and for the privileges thus conferred annual payments have been, and still continue to be, made by British authorities on the Coasts to the Chiefs of the several countries. That it would be seen from the enclosed papers that Her Majesty's Government have already represented to the Government of the Emperor of the French that British interests cannot fail to be seriously affected on certain portions of the African coast, where a very considerable trade is carried on, if such districts are withdrawn from the jurisdiction of their native rulers, and the sovereignty placed under a European Power.

That before, however, making any representation to the French Government in this matter your Lordship would be glad to be favoured with our opinion, whether by international law and the comity of nations a third Power is precluded from intervening between two nations engaged to each other by treaty, and obtaining from one of them the absolute cession of the territory to which such treaty applies, and, if not, whether such third intervening Power in taking over the territory takes with it the pre-existing engagements of the party from whom the cession was obtained; and Mr. Otway was pleased to request that we would take these papers into our consideration, and furnish your Lordship with our opinion upon the points above pointed out.

In obedience to your Lordship's commands, we have the honour to→

Report

That there is nothing in the law or comity of nations which prevents a third Power from intervening between two nations engaged to each other by treaty, and obtaining from one of them the absolute cession of the territory to which such treaty applies. Such third intervening Power cannot, except by language foreign to the very ideas of international law be said, in taking the territory, to take with it the pre-existing engagements of the party from whom the cession was obtained. There is no such thing in international law as treaty obligations running with the land. All conventions, commercial or otherwise, are purely relative and personal to the contracting parties, and necessarily expire when one of the contracting parties ceases to exist. It is not necessary to consider whether the case of the transfer of public debts be or be not an exception to this rule, for no such consideration is practically involved in the cession as to which we are consulted,

We have, &c. (Signed)

R. P. COLLIER. J. D. COLERIDGE.

TRAVERS TWISS.

0

10278,-902, 95,-5/86.

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TOPage 691

907.

FOTO ZMKAICA

No. 548A.

(ВАНАМАН.)

LAW OFFICERS to TREASURY.

The Attorney General and Solicitor are requested-

To advise the Lords of Her Majesty's Treasury as to the legality of Governor Rawson's proceedings, and especially as to the Governor's personal liability in respect of the certificates issued by him without legislative sanction.

Opinion.

We are of opinion that the Governor of the Bahamas had no power to bind the Colony by certificates of indebtedness such as the one submitted to us in the case.

We are further of opinion that on a document in such a form as the one before us the Governor himself would not be personally liable to pay if an action on the certificate 'were to be brought against him.

Temple, 18th January 1869.

(Signed)

* [Certificates on notes of indebtedness.]

R. P. COLLIER.

J. D. COLERIDGE.

o 16278.-870. 5.-5/66.