CO885-(11-13) — Page 627

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4171.

חחח

། ༴། ༄། ། །

PUBLIC RECORD OFFICE

Reference :-

نسل

MY LORD,

No. 7.

(MAURITIUS.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, 10th March 1884. We were honoured with your Lordship's commands, signified to us in Mr. Edward Wingfield's letter of the 15th ultimo, referring to our letter of the 21st January,* respecting the prohibition of the exportation of arms and munitions of war from Mauritius to Madagascar, and stating that he was directed by your Lordship to forward to us copies of correspondence with the Foreign Office on the subject, and to request us to favour your Lordship with our opinion on the point raised in the Foreign Office letter of the 9th February, whether the proclamation issued by the Governor of Mauritius could be supported on the ground of any obligation under Article 6 of the treaty between Great Britain and the Queen of Madagascar of 1865.

That a copy of the memorandum on the export of arms from British Colonies, referred to in the Foreign Office letter of the 9th February, was enclosed for 'con- venience of reference, and that Mr. Wingfield was to request its return, with our reply.

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

Report

That we think the stipulation with regard to arms in the treaty with the Queen of Madagascar might afford sufficient ground for the Governor of Mauritius to prohibit the export of arms to Madagascar, if a demand for such prohibition were made in her interest, or at her instance, for the purpose of carrying out the terms of the treaty.

But, as in the present case the prohibition was not so demanded, nor ordered with any such object, we think no sufficient justification for the prohibition can be found in the existence of the provision referred to in the treaty.

At the same time we think the existence of the clause mentioned may affect the consideration of the question whether, such a prohibition having been issued and acted upon, it is, as a matter of policy, wise to recall it.

The Right Hon. the Earl of Derby,

&c.

&c.

&c.

We have, &c., (Signed) HENRY JAMES.

FARRER HERSCHELL.

• No. 2.

▲ 15927.-87. 35.--12/85.

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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