CO885-(10-11) — Page 749

9827.

SIR,

•

No. 597.

(ВАНАМАВ.)

(GENERAL.)

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, August 30, 1869. WITH reference to your letters of the 29th June (two) regarding the circulars proposed to be addressed to the Governors of British Colonies and to Her Majesty's naval officers with reference to the Foreign Enlistment Act, 59 Geo. 3. c. 69., I am directed by the Earl of Clarendon to request that you will state to Earl Granville that the attention of the Law Officers has been directed to the points raised in your letters, and that on the receipt of their report Lord Clarendon suggested to the Lords of the Admiralty that it would be desirable that a circular should be prepared by the Admiralty Advocate for the guidance of naval officers, and that the draft should, in the first instance, be submitted for the opinion of the Law Officers.

These suggestions have been carried out by the Lords of the Admiralty, who have communicated to Lord Clarendon the enclosed copy of a circular, which has been drawn up by the Law Officers of the Crown, and also copy of their report stating their reasons for not attempting to determine whether further powers cannot be conferred on naval officers.

I am to request that you will state to Lord Granville that Lord Clarendon has informed the Lords of the Admiralty that he concurs in the circular as now drawn up by the Law Officers, and in suggesting for Lord Granville's consideration whether it may not be desirable that a communication on the subject should be addressed to the several Governors of Her Majesty's Colonies.

The Under Secretary of State;

Colonial Office.

(Signed)

I am, &c.

ARTHUR OTWAY.

PUBLIC RECORD OFFICE

Reference :-

TPELLIC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

INSTRUCTIONS to Commanders-in-CHIEF and SENIOR OFFICERS of HER MAJESTY'S SHips with reference to the FOREIGN ENLISTMENT ACT, 59 Geo. 3. c. 69.

Temple, August 9, 1869.

1. The responsibility for the due execution of the Foreign Enlistment Act rests with the civil authorities of the Colony, but it is your duty to assist the civil authorities with the naval force under your command.

2. You will take every opportunity to make known the provisions of the statute, and you will be vigilant against any attempt to commit a breach thereof; but the sections of the statute which it will be your duty to assist in enforcing are the 5th. 6th, 7th, and 8th.

3. With respect to breaches of 5, 6, and 8 you will not in any case; and with respect to breaches to section 7 you will not except in case of emergency admitting of no delay, exercise authority over any vessel until you have received written instructions to do so from the civil authorities of the Colony.

4. In the event of your having reason to suspect that a breach of any of the above- mentioned sections has been committed ar is about to be committed by or on board a vessel (except in case of emergency under the 7th section as herein-after mentioned) you will forthwith apply to the civil authorities for instructions in the matter, and await the arrival of such instructions, taking up in the meantime a position whence you will be able to observe the movements of the vessel, and to execute without delay any orders you may receive to prevent her from putting to sea, and for this purpose you will, when you think it expedient, keep your ship under steam.

5. As soon as you have received instructions from the civil authorities, you will take proper measures to give effect to them, using your own discretion as to the mode of disposing the naval force under your command.

You will use especial caution in dealing with armed vessels.

7. Wherever you are required to act you will, if possible, employ a commanding force, so as to prevent all resistance.

o 16978.-907. 95,-5/86.