CO885-(11-13) — Page 633

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PUBLIC RECORD OFFICE

6T

Reference :-

C.O. 8

885

13 PUBLIC RECORD OFFICE, LONDON

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

That your Lordship would also point to the great injury to commerce in general, and especially to the commerce of the neighbouring British possessions, which that prolonged interruption of trade was causing, contrary to the expectations which had been formed on the conclusion of the Treaty of 1871.

That, before proceeding further in the matter, your Lordship would be glad to be favoured with our views on the case, particularly with reference to the precise responsi bility and obligations of the Netherlands Government, if any, under international law, in relation to the detention and liberation of the prisoners, having regard to the fact that they claimed dominion over the territory of the Rajah, and treated him as a rebellious vassal.

That our opinion was requested as to whether, under the circumstances, Her Majesty's Government would have the right, without regard to the relations between the Dutch and the Rajah, to dispatch a military force against him to effect the forcible rescue of the prisoners, should such a course be deemed expedient and practicable.

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

Report

That, assuming the territory where the sailors were taken prisoners and are now kept in captivity to be Dutch territory, we think that the Dutch are bound to take the necessary steps to restore their authority within that territory, and to liberate the captives.

Whether the Dutch Government are under obligation to make compensation is a question of more difficulty.

According to the view which has been taken in former cases, we do not think they are liable to do so, unless the occurrence arose from neglect on their part to take due precautions to protect the lives and liberty of persons who were within their territory and entitled to their protection.

As the capture appears to have taken place at a time when some of their subjects were in rebellion against them, and to have been, in fact, an act of hostility against the Dutch Government, we think it would be difficult to make out a case for com- pensation.

But we have hardly sufficient knowledge as to the state of things immediately preceding the capture to express a definite opinion upon the point.

It would seem, from the information before us, that the Rajah of Tenom and his subjects had, at one time, become subject to the Dutch, and had authority exercised over them, but that they had thrown off this authority at the time of the wreck. If this be so, and provided the Dutch Government are, in good faith, taking all such steps as appear to them to be most calculated to effect the release of the captives, whether by force or otherwise, we do not think Her Majesty's Government would be justified, without their assent, in dispatching a military force against the Rajah to effect the forcible release of the prisoners.

We have, &c., (Signed)

HENRY JAMES. FARRER HERSCHELL.

J. PARKER DEANE.

7057.

No. 12.

(MALTA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

We were honoured with your Lordship's commands, signified in Mr. Bramston's

Royal Courts of Justice, 28th April 1884. letter of the 5th instant, requesting us to advise your Lordship whether, in our opinion, it was competent for Her Majesty to legislate by Order în Council for the establish- ment of a local Post Office in Malta.

That the existing Post Office was established many years since by Her Majesty's Postmaster General under the Act 7 & 8 Vict. c. 49, and that it was now intended to withdraw that office, and transfer the business to a local Post Office, to be established under the Act 12 & 13 Vict. c. 66, and that the question arose whether Her Majesty in Council could be held to be included in the words "Legislatures or proper Legisla tive Authorities," especially having regard to the terms of the second section of the Act requiring that any law passed in pursuance of the Act should be assented to by Her Majesty, with the advice of the Privy Council, and such assent proclaimed in the Colony.

That the Legislature of Malta consisted of the Governor and the Council of Govern- ment, which was established by Letters Patent dated the 11th of May 1849, by which power was conferred upon the Governor, with advice and consent of the Council, to make laws for the peace, order, and good government of the island; and that by the same Letters Patent power was reserved to Her Majesty, with the advice of the Privy Council, to make all such orders extending to the island as it might seem to Her Majesty necessary or expedient to make, "all which future Orders in Council were to "be of the same force and effect in the island, as if the Letters Patent had not been "made."

That a copy of those Letters Patent was enclosed, as well as a copy of subsequent Letters Patent dated the 2nd of March 1883, relating to the elected Members of Council, which, however, did not appear to affect the question.

That Mr. Bramston was to request that the matter might receive our early considera- tion, and that we would favour your Lordship with any observations which might occur to us upon the subject generally.

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

Report

That having regard to the terms of the 12 & 13 Vict. c. 66, and to what appears to ave been its object, we do not think Her Majesty in Council can be held to be ncluded in the words "Legislatures or proper Legislative Authorities."

The Right Hon. the Earl of Derby,

&c.

&c.

&c.

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

FARRER HERSCHELL.

A 15927-39. 83.-19/83.

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