CO885-(11-13) — Page 328

8318.

PUBLIC RECORD

OFFICE

C.O.

Reference :-

We are therefore of opinion that your Lordship would not be warranted by inter- national custom and usage in making the proposed remonstrance.

We think that your Lordship might, however, properly claim, on behalf of the British subjects who are unwilling to serve or have their property requisitioned, that they should be allowed a convenient and reasonable time for leaving the Republic.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

We have, &c., (Signed)

JOHN HOLKER. PARKER DEANE,

for the Solicitor-General and myself.

MY LORD,

No. 102.

(GOLD COAST.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with your Lordship's commands, signified in Mr. Malcolm's

Temple, 12th July 1876. letter of the 13th of June ultimo, stating that he was directed by your Lordship to transmit to us the accompanying copy of a despatch from the Lieutenant-Governor of the Gold Coast Colony, respecting the application of the Rev. Mr. Zimmermann to be naturalized in that Colony.

2. That the limits of the Gold Coast Colony proper, and the nature of Her Majesty's jurisdiction in the adjacent protectorate, were explained in Sir Henry Holland's letter to the Law Officers of the Crown of the 10th of June 1874, and the substance of that letter was recapitulated in the Law Officers' Report of the 24th of June in that year, a copy of which was enclosed for convenience of reference.

3. That the powers of the Gold Coast Legislature within the Gold Coast Colony were derived from, and regulated by, Her Majesty's Charter, dated the 24th of July 1874, and its powers within the adjacent protectorate were regulated by Her Majesty's Order in Council of the 6th of August 1874. Copies of these instruments were annexed.

4. Mr. Malcolm was pleased to request that we would advise your Lordship whether, the petitioner being resident within the protected territories of the Gold Coast, but not in the Colony proper, it was competent for the Legislature of the Gold Coast Colony to naturalize him in this case by the passing of an Ordinance for that special purpose, or whether he could be legally made a naturalized subject of Her Majesty in the Colony in any other manner.

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

Report

That we concur in the opinion expressed by Mr. Chalmers, and generally in the reasons assigned by him, and that, consequently, Mr. Zimmermann under the circum- stances cannot be made a naturalized British subject by the operation of any existing Legislature either here or in the Colony.

We have, &c.,

(Signed)

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

JOHN HOLKER. HARDINGE S. GIFFARD.

A 12916.-101. 23.-12 84.

J.

• 885

12 PUBLIC RECORD OFFICE, LONDON

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