CO885-(11-13) — Page 186

+4

The legislative powers conferred on the parliament are principally to be found in section 91, and by that "it shall be lawful for the Queen by or with the advice and consent of the Senate and House of Commons to make laws for the peace, order, " and good government of Canada.” This clause is extensive enough in its terms to include the power to pass the Act authorising the appointing of a commission, and we see no reason why that commission shall not have power to examine witnesses on oath.

We are of opinion that the commission may include members of either House who will sit in their personal capacity only. In order, however, to carry out the spirit of the 18th section of the Act it is expedient that the commission should not be confined exclusively to members of the Canadian Parliament.

We have, &c. (Signed)

The Right Hon. Lord Kimberley.

}

HENRY JAMES. W. V. HARCOURT. JAS. P. DEANE.

13765.

SIB,

No. 879.

(JAMAICA.)

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, December 25, 1873.

I AM directed by Earl Granville to state to you, for the information of the Earl of Kimberley, that your letter of the 29th ultimo, together with its enclosures on the subject of the "Virginius" was referred to the Law Officers of the Crown, and Lord Granville is advised that the case is one of such grave importance that it is not desirable to give an opinion upon it until an opportunity shall have been given to the Governor of Jamaica to place before Her Majesty's Government any further explana- tion which his Excellency may have to offer as to the reasons which caused him not to detain the "Virginius.'

The Law Officers are of opinion that the principal question is whether the Governor of Jamaica had, on the information before him, "reasonable and probable cause for believing" (33 & 34 Vict. c. 90. ss. 23, 24, and 8. 8, subsection 4) that the Virginius was about to be despatched with the intention of being employed in the naval or military service of the Cuban insurgents.

66

There is also a second question, whether the facts submitted to the Governor did not bring the persons about to embark on board the “Virginius" within the operation of the above-mentioned Act.

In conclusion, I am to state that the Law Officers have thought it right to call attention to the documents as marked in the accompanying list, copies of which were enclosed in your letter, and Lord Granville would therefore suggest that the attention of the Governor of Jamaica should be particularly directed to those documents.

The Under Secretary of State,

Colonial Office.

TENTERDEN.

am, &c.

(Signed)

* Not printed.

0

16978.-941. 25.-5/86.

PUBLIC RECORD OFFICE

سلنا

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

3