CO885-(11-13) — Page 622

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4. The inhabitants of Basutoland must be regarded as a whole; and, in our opinion, they all, whether they approve or disapprove of the course about to be taken, will revert to the position they occupied as British subjects prior to 1871.

The Right Hon. the Earl of Derby,

&c.

&o.

&c.

We have, &c.,

(Signed)

HENRY JAMES. FARRER HERSCHELL.

1221.

MY LORD,

No. 2.

(MAURITIUS.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, 21st January 1884. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 12th instant, stating that he was directed by ycur Lordship to transmit to us the enclosed copy of a despatch from the Governor of Mauritius, together with the connected papers, relative to a proclamation which had been issued by him prohibiting, for six months, the exportation of arms and ammunition to Madagascar.

*

That Mr. Bramston was to refer us, in connexion with that question, to our opinion given on the 2nd of December 1882, respecting the issue of a proclamation by the Governor of Trinidad against the export of arms from that Colony to Venezuela.

That in that case we advised that the Governor had no power, under a clause in the Colonial Customs Ordinance authorising the exportation of arms to be prohibited, to prohibit exportation to a particular country or place, and that the Governor was thereupon instructed to withdraw the proclamation.

That since, however, the clause in the Mauritius Ordinance No. 14 of 1858 contained the words "to any port or place whatever," which were not in the clause of the Trinidad Ordinance, your Lordship had thought it desirable to request to be favoured with our opinion whether the proclamation issued by Sir J. Pope Hennessy, on the advice of the Procureur General of Mauritius, was not valid.

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

Report

That we think that Sir J. P. Hennessy had power to issue the proclamation in question.

We do not understand that we are asked to express any opinion upon the policy or expediency of such a proclamation.

HENRY JAMES. FARRER HERSCHELL.

We have, &c.,

(Signed)

The Right Hon. the Earl of Derby,

&c.

&c.

&c.

• No. 281 in Miscellaneous No. 51.

▲ 11997.—34, 35,—19/05.

PUBLIC RECORD OFFICE

Reference :-

PHILI

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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