CO885-(11-13) — Page 57

6390.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

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No. 760.

(NEW SOUTH Wales.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Temple, June 14, 1872. We are honoured with your Lordship's commands signified in Viscount Enfield's letter of the 11th instant, stating that he was directed by your Lordship to transmit to us Despatches from Her Majesty's Consul in the Fiji Islands, involving questions in regard to which your Lordship would be glad to have the benefit of our opinion,

viz. :-

1st. To what extent can British subjects, under the circumstances reported by Mr. March, withdraw themselves from British jurisdiction by assuming the nationality of an uncivilised State, whose independence as a State has not been acknowledged by Her Majesty's Government.

2ndly. Can British subjects claiming to have thus divested themselves of their nationality, divest also their hitherto British vessels of their British nationality by placing them under the flag of the State whose nationality they claim.

3rdly. To what extent are British subjects, under the circumstances already adverted to, amenable to British laws for acts committed by them or by their directions in contravention of those laws.

And that he (Viscount Enfield) was to state that your Lordship would be glad to be favoured with our opinion upon the above points, together with any observations which we might have to offer as to the instructions which should be given to Her Majesty's Consul in the Fijis in the state of things reported by him in the Despatches now laid before us.

In obedience to your Lordship's commands we have taken the Despatches into con- sideration, and have the honour to

Report

That we think your Lordship's questions are to be answered as follows:--

1. That British subjects cannot by assuming the nationality of an uncivilised State, withdraw themselves from British jurisdiction.

2. That British subjects who claim to have assumed the nationality of an uncivilised State, cannot divest vessels owned by them of their British nationality by placing those vessels under the flag whose nationality they claim.

3. That British subjects, under the circumstances referred to in Viscount Enfield's letter remain amenable to British laws notwithstanding their attempted adoption of a foreign national character to the same extent as before their attempted adoption of such national character for acts subsequently committed by them or by their directions in contravention of British laws.

4. That your Lordship may properly instruct Mr. Consul March that he should continue to protect British subjects and their interest, taking care not to use force or resort to violent measures in opposition to the de facto authorities of the country.

The Earl Granville, K.G.

&c. &c.

&c.

(Signed)

J. D. COLERIDGE. G. JESSEL.

J. PARKER DEANE.

0 16278.-925.

25.-5/86.