CO885-(11-13) — Page 572

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PUBLIC RECORD OFFICE

Reference :-

CO.

885

12 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 281.

(TRINIDAD.)

LAW OFFICERS to COLONIAL OFFICE.

-Temple, 2nd December 1882.

We were bonoured with your Lordship's commands signified in Mr. Meade's letter of the 11th instant, stating that by the Customs Ordinance 1880 of Trinidad (a copy of which was enclosed), section 82, which corresponded mutatis mutandis with the 21st section of the Imperial Customs and Inland Revenue 1879, the Governor of the Colony was empowered to prohibit by proclamation either the exportation or the carrying coastwise of arms, ammunition, and gunpowder, and other goods therein mentioned.

2. That in consequence of repeated complaints by the Government of Venezuela, of the exportation by Venezuelan refugees of arms and munitions of war from Trinidad to Venezuela for the purpose of being used in attempts to subvert the government of that country, the Governor of Trinidad, acting under instructions from the Secretary of State on the 18th June last, issued a proclamation, a copy of which was enclosed, prohibiting to be exported from Trinidad to any port or place in Venezuela, or to be carried coastwise, any arms, ammunition or gunpowder.

3. That the Venezuelan minister at that (this) Court had recently, in a note addressed to Earl Granville enclosing a copy of a Despatch from his Government, translations of which note and Despatch were enclosed, requested on behalf of his Government that the Governor of Trinidad should except from the above prohibition munitions of war exported from Trinidad to Venezuela for the Government of the Republic, "whether officially by the consul or by any other functionary duly appointed to perform the "Act."

4. That it would be seen from an enclosed copy of a letter from the Foreign Office that Lord Granville considered it unreasonable to treat the Venezuelan Government on the same footing as the rebels who 'used Trinidad as a centre of their unlawful operations, and had suggested that facilities should be afforded for the export of arms, &c. from Trinidad, if required for the use of the Venezuelan Government, on application to the Colonial authorities through the Consul for the Republic.

5. That your Lordship concurred in Lord Granville's opinion, but that you were doubtful whether the Colonial Ordinance empowered the Governor to comply with the request of the Venezuelan Government.

6. That your Lordship also felt some doubt as to the validity of the proclamation prohibiting exportation to Venezuela only.

That Mr. Meade was therefore directed by your Lordship to request that we would advise :-

(1.) Whether under the 82nd section of the Trinidad Customs Ordinance 1880, the

Governor was empowered-

(a.) To prohibit the exportation of arms, &c. to a particular country or

place.

(b.) To except from such prohibition, arms, &c. exported for the use of

the Government of the country, exportation to which was prohibited. (2.) That if the answer to both the previous questions was in the affirmative. whether there was any objection of international law to the modification in favour of the Venezuelan Government of the proclamation issued by the Governor of Trinidad, in the manner proposed by Lord Granville.

We were also honoured with a further letter from Mr. Wingfield of the 23rd instant, stating that with reference to the letter from your Lordship's department of the 11th instant respecting the prohibition of the exportation of arms, &c., from Trinidad to Venezuela, he was directed by your Lordship to inform us that since that letter was written your Lordship's attention had been called to the report of the Law Officers in 1873

▲ 12916.-961, 25.-19/84.