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3040.

PUBLIC RECORD OFFICE

Reference :-

། ། ། ། །། mmimmim.C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 634.

(NEW SOUTH WALES.)

LAW OFFICERS to FOREIGN OFFICE.

-

Temple, March 12, 1870.

We are honoured with your Lordship's commands, signified to us in Mr. C. Spring Rice's letter of the 25th ultimo, stating-

1st. That Earl Granville had communicated to your Lordship our report of the 11th January* regarding the steps which it might be desirable to take in view of the kid- napping operations in the Pacific Islands.

2nd. That we would learn from the draft of a letter to the Colonial Office therewith enclosed the view which your Lordship had taken of our suggestions, and that it was proposed that the Government draftsman should receive from the Foreign Office and the Colonial Office simultaneously instructions to draw the draft of a Bill to be pre- sented to Parliament, each Department confining itself to the points where it is specially concerned.

3rd. That so far as the Foreign Office is concerned those points are the powers proposed to be vested in Her Majesty's consular officers, and on that point your Lordship observed that we were of opinion that the difficulties which had hitherto interfered with the extension in the case of the Fiji islands of the provisions of the Foreign Jurisdiction Act remained undiminished, but that we considered that advantage might be taken of the proposed Imperial legislation to enable Her Majesty's Consul to make regulations from time to time touching the receiving, exporting, or carrying by sea any natives of the islands; breach of such regulations to be punished as a misdemeanor.

4th. That it would, however, appear necessary in order to enable the Consul to enforce those regulations that he should legally be empowered to issue warrants for the apprehension of persons charged with the offence of kidnapping, and that he should be enabled to send such persons for trial before the Australian courts, and your Lordship requested that we would report to you our suggestions as to the instructions which should be addressed to the Government draftsman on those points.

5th. That Mr. Rice was pleased to add that, considering the peculiar circumstances of the British community at Fiji with which Her Majesty's consul would have to deal, it would be a great advantage if the proposed enactment could strengthen his hands generally in enforcing discipline over British settlers, and that in view of the possible necessity of appointing British consular agents in other neighbouring quarters, it might be also desirable that Her Majesty's Government should be in a position to extend similar powers to such agents in case of need.

6th. That this last point required attention with reference to immigration of British coolies in New Caledonia, where your Lordship had lately appointed a gentleman to act as British vice-consul.

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

Report

That we beg leave to refer to the concluding paragraph of our former report, and to suggest that before a Bill is prepared, it would be desirable to ascertain whether the consent of France and America can be obtained to the giving our consul jurisdiction over their subjects to any and to what extent. It further occurs to us that before providing by Imperial legislation for the Colonial courts dealing with offences in Fiji and for the consul at Fiji directing the deportation of offenders to the Colony, it may be well to ascertain whether the Colony is willing to accept any and what jurisdiction upon the subject.

Until these matters are ascertained we scarcely feel in a position to advise more definitely on the subject of the provisions of a Bill" than we have done in our former report.

The Right Hon. the Earl of Clarendon.

We have, &c. (Signed)

R. P. COLLIER. J. D. COLERIDGE. TRAVERS TWISS.

16978.----779,

$5,-5 86.

• No. 622.