CO885-(11-13) — Page 327

PUBLIC RECORD OFFICE

Reference :-

CO. 885

12 PUBLIC RECORD OFFICE. LONDON

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

oblige your Lordship by favouring you with our joint opinion on the above question at our earliest convenience.

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

Report

That we have come to the conclusion that the existing Order in Council which declares the Mexican dollar to be a legal tender in the Colony is not an order or regulation having in the Colony the force and effect of an Act of Parliament extending to the Colony, and therefore we are of opinion that the suggested Colonial Ordinance would not be void for repugnancy; and we see no reason on any other ground for doubting that it is competent for the Legislature of British Guiana to pass such an Ordinance.

We would suggest, however, that if it is thought desirable and politic to provide that the dollar shall no longer be a legal tender, the necessary alteration in the law may easily be made by an Order in Council.

We have, &c.,

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

(Sidned)

JOHN HOLKER. HARDINGE S. GIFFARD.

8317.

No. 101.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

WE are honoured with your Lordship's commands, signified in Mr. Malcolm's

Temple, 12th July 1876. letter of the 8th instant, stating that, with reference to the letter addressed by us to your Lordship on the 9th May last, in answer to your Lordship's letter of the 23rd March last, in which your Lordship asked for our opinion as to the power of the South African Republic to order a British subject out on a "commando," he was directed by your Lordship to inform us that further questions had arisen as to the rights of the South African Republic to exercise that power over a British subject.

2. That we should recollect that a "commando " police force organised in military fashion, in which it was understood that every was stated to be a species of able-bodied white resident in the Republic was compelled to serve when called upon; the principal object of the " commando times available for the repression of disturbances amongst the savage tribes of the system being to provide a force at all country.

"

3. That your Lordship was, however, informed that recently the President of the South African Republic had decided to make an attack upon a powerful Native Chief, who, it was maintained, was independent of the Republic, and had never owed them allegiance.

"

That in order to carry out his purpose, the President had given orders for a large "commando to be formed with the view of attacking the Chief; and numbers of British subjects, it was expected, would be summoned to serve upon it, and their cattle and waggons placed under requisition for the same purpose.

4. That your Lordship could not see that in that instance the "commando" differs in any way from a Declaration of War upon a neighbouring people; and as it would in that case have lost its true character of a police force for the maintenance of internal order, your Lordship apprehended that the President of the South African Republic could not consistently with International comity and usage, or with the rights of British subjects, compel them to serve upon it.

That your Lordship therefore proposed to remonstrate against any measures being taken to compel the services of British subjects, or the appropriation of their property, for the

purpose of

any operations beyond the Republic.

But that before doing so your Lordship would feel obliged if we would advise, whether, in conformity with the rules of international custom and usage, your Lordship was warranted in making such remonstrances.

That, as the matter presses, your Lordship would feel much obliged by an early reply.

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

Report

That we are of opinion that British subjects resident in and under the protection of the laws of a Foreign country are, unless under Treaty exemptions, liable to military service and other burdens imposed upon the inhabitants in consequence

of war.

The principle upon which we form this opinion is that, where a man chooses to live for his own advantage, he must with the benefit take the burdens to which the natural subjects of the State are liable, whether those burdens take the shape of taxes, loans, personal service, or the requisition of any part of his property for military operations entered into by the country.

In the case before us, it is said that the "commando ".is for the purpose of carrying war into the territory of a neighbouring people.

It may be that, though in fact aggressive, the act will be a necessary part of defensive operations; but in any case we conceive that British subjects cannot claim, by reason of their British character, any exemption, personal or otherwise, from the duties and impositions borne by and laid upon other residents within the Republic.

▲ 12916-100. 25.-12/84.

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