PUBLIC RECORD
OFFICE
Reference :-
MPC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
I
+1
2
7th. That another attempt to check the kidnapping had been made in the case of the schooner "Daphne." That vessel was seized by Commander Palmer, of H.M.S. Rosario," on suspicion of having been engaged in the slave trade (see pp. 92 of Colonial Office paper, and 99 and 107 of Foreign Office paper). The opinion of Sir W. Manning upon that case would be found at p. 93 of Colonial Office paper and p. 100 of Foreign Office paper. That schooner was handed over to the Vice-Admiralty Court at Sydney, and, as appeared from the accompanying papers, the charge of slave trading had been dismissed and restoration of the vessel to its owners had been ordered. Proceedings were also taken in the police court against the master and supercargo of the vessel, but the cases had been dismissed, see p. 123 of Foreign Office paper, and that the charge against them was for importing certain persons into Ovolau with a view to their being used and dealt with as slaves.
8th. That on the occasion of the appointment of the present Consul in the Fiji Islands, the Law Officers of the Crown were consulted by Lord Clarendon as to means by which the jurisdiction attaching to the Consulate might be extended. But diffi culties of a legal character prevented any step being taken for that purpose, and that the correspondence upon this part of the case would be found at pp. 117-136 of Colonial Office paper, and Lord Clarendon's decision and reasons were to be found in p. 40 of Foreign Office paper.
9th. That with respect to the difficulties with which the Consul had to contend under his present powers, he was directed to refer us to Consul Thurston's letter to Lord Belmore (pp. 86 and 87 of Colonial Office paper), and to the concluding part of his letter to Lord Stanley (p. 26, Foreign Office paper), where he points out what powers he would wish to see conferred upon the Consul.
124 of 10th. That he was desired further to direct our attention to a letter of Sir Alfred
P. Stephen, the Chief Justice of New South Wales, which would be found at Foreign Office paper, and to a letter from Mr. Drew, who had been for some years the August 15, agent of the King or Chief in the Fiji Islands.
Mr. Drew
1869.
11th. That it might be convenient to observe that so far as that question relates to the local legislation which was necessary to preserve from abuse the emigration to Queensland, or to the Imperial or local legislation which was required to give efficiency to the action of the Australian courts, the matter was one for the Colonial Department, and that so far as it relates to the action of the consular or naval authorities it was for the Foreign Office with the co-operation of the Admiralty.
12th. That under those circumstances Sir F. R. Sandford was desired by your Lordship to request that for the information of Earl Clarendon and yourself we would favour your Lordship with a report upon the following questions
1. What additional measures, if any, can be taken, by local legislation or otherwise, to regulate the immigration into Queensland, and to secure it from abuses similar to those which are alleged to have occurred?
2. What measures can be taken, by Imperial legislation or otherwise, to put an end to the system of inter-insular kidnapping, and to facilitate the apprehension and trial of British subjects engaged in these practices in the Australian Colonies or elsewhere?
3. Whether, having respect to the state of affairs in the Fiji Islands described by Mr. Drew, we have any suggestions to offer as to any means by which Her Majesty's Consul at Fiji or other consular officers in the Pacific can have further power given him or them to deal with offences arising out of the kidnapping system?
4. If any course of proceeding can be recommended which does not require Imperial legislation, whether any purpose would be answered by the mission of a Commissioner with special powers and instructions to act in communication with Her Majesty's Consul at the Fiji Islands, the Australian Governors, and the naval authorities?
5. Should Imperial legislation be considered necessary, your Lordship requested to be favoured with such sketch of the proposed measure as might be placed in the hands of a draftsman f
In obedience to your Lordship's commands, we have taken the questions submitted to us into our consideration, and have the honour to
Report
1. That we are of opinion that the Local Act already passed in Queensland is rightly conceived in principle, provided that it is desired only to control, not to prohibit, the immigration into Queensland.
Some of its clauses are capable of amendment, and some useful alterations have been suggested by Mr. Murdock (Colonial Office papers, p. 60), and, it seems, are to be or
3
All Colonial Acts, have been introduced into a supplemental Queensland Act. however, are incompetent to deal with evils which arise beyond the jurisdiction of Colonial authority.
2. The more serious evile can only be dealt with by Imperial legislation. And we should recommend the passing of a fresh Imperial Act, framed with special reference to the particular forms of inter-insular kidnapping and other decoying of natives which it is desired to meet. Such an Act should, we think, make it a felony-.
(a.) To decoy any native on board a vessel, either on the high seas or elsewhere. (b.) To receive any native on board, &c. without his consent, proof of his consent to lie on the master or shipowner.
(c.) To hire, despatch, fit out, navigate, or serve on board any vessel with intent to commit, or that anyone on board should commit, the above offences.
Subject to any question of policy as to Fiji, a Commissioner there, probably the Consul, might be empowered to issue from time to time such regulations as he should see fit touching the receiving, exporting, or carrying by sea any natives. Breach of these regulations to be punishable as a misdemeanor.
The Act might further contain clauses providing for the seizure, detention, and condemnation in the Vice-Admiralty Courts of the Australian Colonies of a vessel (a) on board of which, or by the master and crew of which, any offence had been committed either against the Act or the regulations; (b) with certain enumerated suspicious indicia not carrying a license from the Commissioner.
Reference may usefully be made to 2 & 3 Vict. c. 73. and subsequent Slave Acts. Power should be given to search, capture, detain, bring into port, and condemn vessols, to apprehend, try, and punish offenders; and indemnity should be given to all persons acting under the statute. And the commission of the offences on land against natives which, if committed in England, would be felony should be made felony and triable in the courts of the Australian Colonies.
It is also certainly most important, if the whole Act is not to be nugatory, to give power to take evidence otherwise than on oath. The provisions on this subject, as well as those for extending the jurisdiction and adding to the efficiency of the Austra- lian courts, by giving them power to issue commissions for the examination of witnesses, &c., of the Draft Bill which has been sent to us, might, with some Alterations, be usefully adopted.
3. It is not within our province to offer any opinion on the policy which has led the Government of England to refuse to the King of Fiji that recognition which France and America have accorded him. From Mr. Drew's letter it appears that this refusal is found to be inconvenient to English interests. But as it is not intimated to us that the policy of Her Majesty's Government is in this respect at all likely to be altered, the difficulties in the way of extending the Foreign "Jurisdiction Act which existed when we last wrote on this subject appear to us to remain in undiminished force. Still, however, power might be conferred by legislation on Her Majesty's Consul at Fiji to make such regulations as we have above suggested. Whether jurisdiction might be given to him over vessels and offences in relation thereto is a matter entirely for the consideration of Her Majesty's Government.
any
further
4. We believe we have substantially answered Lord Granvillo's inquiries, but we may be permitted to add, in conclusion, that the co-operation of France and the United States in legislation against the evils sought to be remedied in Polynesia appears to us a necessary condition of the success of any Act passed by this country.
The Right Hon. Earl Granville, K.G.
&c.
&c.
&c.
We have, &c. (Signed)
R. P. COLLIER.
J. D. COLERIDGE.
Page 780Page 781
PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
16
2
7th. That another attempt to check the kidnapping had been made in the case of the schooner "Daphne." That vessel was seized by Commander Palmer, of H.M.S. The opinion of Rosario," on suspicion of having been engaged in the slave trade (see pp. 92 of Colonial Office paper, and 99 and 107 of Foreign Office paper). Sir W. Manning upon that case would be found at p. 93 of Colonial Office paper and p. 100 of Foreign Office paper. That schooner was handed over to the Vice-Admiralty Court at Sydney, and, as appeared from the accompanying papers, the charge of slave trading had been dismissed and restoration of the vessel to its owners had been ordered. Proceedings were also taken in the police court against the master and supercargo of the vessel, but the cases had been dismissed, see p. 123 of Foreign Office paper, and that the charge against them was for importing certain persons into Ovolau with a view to their being used and dealt with as slaves.
8th. That on the occasion of the appointment of the present Consul in the Fiji Islands, the Law Officers of the Crown were consulted by Lord Clarendon as to means by which the jurisdiction attaching to the Consulate might be extended. But diffi- culties of a legal character prevented any step being taken for that purpose, and that the correspondence upon this part of the case would be found at pp. 117-136 of Colonial Office paper, and Lord Clarendon's decision and reasons were to be found in p. 40 of Foreign Office paper.
9th. That with respect to the difficulties with which the Consul had to contend under his present powers, he was directed to refer us to Consul Thurston's letter to Lord Belmore (pp. 86 and 87 of Colonial Office paper), and to the concluding part of his letter to Lord Stanley (p. 26, Foreign Office paper), where he points out what powers he would wish to see conferred upon the Consul.
10th. That he was desired further to direct our attention to a letter of Sir Alfred Stephen, the Chief Justice of New South Wales, which would be found at p. 124 of Foreign Office paper, and to a letter from Mr. Drew, who had been for some years the August 15, agent of the King or Chief in the Fiji Islands.
Mr. Drew
1869.
11th. That it might be convenient to observe that so far as that question relates to the local legislation which was necessary to preserve from abuse the emigration to Queensland, or to the Imperial or local legislation which was required to give efficiency to the action of the Australian courts, the matter was one for the Colonial Department, and that so far as it relates to the action of the consular or naval authorities it was for the Foreign Office with the co-operation of the Admiralty.
12th. That under those circumstances Sir F. R. Sandford was desired by your Lordship to request that for the information of Earl Clarendon and yourself we would favour your Lordship with a report upon the following questions:-
1. What additional measures, if any, can be taken, by local legislation or otherwise, to regulate the immigration into Queensland, and to secure it from abuses similar to those which are alleged to have occurred?
2. What measures can be taken, by Imperial legislation or otherwise, to put an end to the system of inter-insular kidnapping, and to facilitate the apprehension and trial of British subjects engaged in these practices in the Australian Colonies or elsewhere?
3. Whether, having respect to the state of affairs in the Fiji Islands described by Mr. Drew, we have any suggestions to offer as to any means by which Her Majesty's Consul at Fiji or other consular officers in the Pacific can have further power given him or them to deal with offences arising out of the kidnapping system?
4. If any course of proceeding can be recommended which does not require Imperial legislation, whether any purpose would be answered by the mission of a Commissioner with special powers and instructions to act in communication with Her Majesty's Consul at the Fiji Islands, the Australian Governors, and the naval authorities?
5. Should Imperial legislation be considered necessary, your Lordship requested to be favoured with such sketch of the proposed measure as might be placed in the hands of a draftsman ?
In obedience to your Lordship's commands, we have taken the questions submitted to us into our consideration, and have the honour to
Report
1. That we are of opinion that the Local Act already passed in Queensland is rightly conceived in principle, provided that it is desired only to control, not to prohibit, the immigration into Queensland.
Some of its clauses are capable of amendment, and some useful alterations have been suggested by Mr. Murdock (Colonial Office papers, p. 60), and, it seems, are to be or
3
All Colonial Acts, have been introduced into a supplemental Queensland Act. however, are incompetent to deal with evils which arise beyond the jurisdiction of Colonial authority.
2. The more serious evils can only be dealt with by Imperial legislation. And we should recommend the passing of a fresh Imperial Act, framed with special reference to the particular forms of inter-insular kidnapping and other decoying of natives which it is desired to meet. Such an Act should, we think, make it a felony-.
(a.) To decoy any native on board a vessel, either on the high seas or elsewhere. (b.) To receive any native on board, &c. without his consent, proof of his consent to lie on the master or shipowner.
(c.) To hire, despatch, fit out, navigate, or serve on board any vessel with intent to commit, or that anyone on board should commit, the above offences.
Subject to any question of policy as to Fiji, a Commissioner there, probably the Consul, might be empowered to issue from time to time such regulations as he should see fit touching the receiving, exporting, or carrying by sea any natives. Breach of these regulations to be punishable as a misdemeanor.
The Act might further contain clauses providing for the seizure, detention, and condemnation in the Vice-Admiralty Courts of the Australian Colonies of a vessel (a) on board of which, or by the master and crew of which, any offence had been committed either against the Act or the regulations; (b) with certain enumerated suspicious indicia not carrying a license from the Commissioner.
Reference may usefully be made to 2 & 3 Vict. c. 73. and subsequent Slave Acts. Power should be given to search, capture, detain, bring into port, and condemn vessols, to apprehend, try, and punish offenders; and indemnity should be given to all persons acting under the statute. And the commission of the offences on land against natives which, if committed in England, would be felony should be made felony and triable in the courts of the Australian Colonies.
It is also certainly most important, if the whole Act is not to be nugatory, to give power to take evidence otherwise than on oath. The provisions on this subject, as well as those for extending the jurisdiction and adding to the efficiency of the Apetra- lian courts, by giving them power to issue commissions for the examination of witnesses, &c., of the Draft Bill which has been sent to us, might, with some alterations, be usefully adopted.
3. It is not within our province to offer any opinion on the policy which has led the Government of England to refuse to the King of Fiji that recognition which France and America have accorded him. From Mr. Drew's letter it appears that this refusal is found to be inconvenient to English interests. But as it is not intimated to us that the policy of Her Majesty's Government is in this respect at all likely to be altered, the difficulties in the way of extending the Foreign Jurisdiction Act which existed when we last wrote on this subject appear to us to remain in undiminished force. Still, however, power might be conferred by legislation on Her Majesty's Consul at Fiji to make such regulations as we have above suggested. Whether any further jurisdiction might be given to him over vessels and offences in relation thereto is a matter entirely for the consideration of Her Majesty's Government.
may
4. We believe we have substantially answered Lord Granville's inquiries, but we be permitted to add, in conclusion, that the co-operation of France and the United States in legislation against the evils sought to be remedied in Polynesia appears to us a necessary condition of the success of any Act passed by this country.
The Right Hon. Earl Granville, K.G.
&c.
&c.
&c.
We have, &c. (Signed)
R. P. COLLIER.
J. D. COLERIDGE.
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