CO885-(11-13) — Page 597

21,007

No. 303.

(GOLD COAST.)

LAW OFFICERS to FOREIGN OFFICE,

MY LORD,

Royal Courts of Justice, 3rd December 1883. We are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 15th ultimo, stating that he had the honour to transmit to us, by direction of your Lordship, the papers which related to the negotiations between Her Majesty's Government and that of Portugal for the conclusion of a Treaty to regulate and define their claims and relations on the West Coast of Africa and in the Congo.

That those papers consisted of a revised draft of the Treaty and the draft of a note which your Lordship proposed to address to the Portuguese Minister, communicating the former to him for submission to his Government, together with certain observations thereupon, and that Sir Julian Pauncefote was to request our opinion at our earliest convenience as to whether there was anything in the draft Treaty or the draft note to M. d'Antas, which was open to objection in point of law, and with any general observations which we might have to offer on the draft generally.

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

Report

That, in our opinion, there is not anything in the draft note or Treaty which is to objection in point of law, except Article XI. of the Treaty.

open

That article purports to confer upon Portuguese vessels of war the right of detention and search of British vessels within British territorial waters.

We are not satisfied that such powers can be validly conferred by Treaty alone.

If a British vessel were seized under such circumstances, in British waters, we do

not feel clear that the Treaty would be a sufficient warrant for such an act, and render it lawful.

We are not in possession of sufficient information to enable us to express any opinion upon the drafts generally.

We have, &c.,

(Signed)

The Right Hon. the Earl Granville,

&c.

&c.

&c.

HENRY JAMES. FARRER HERSCHELL.

J. P. DEANE,

▲ 19916.-309. 25.-19/84.

PUBLIC RECORD OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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