CO885-(11-13) — Page 679

12,776.

'། ༄། ། ·|

PUBLIC RECORD OFFICE

6

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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

i

SIR,

No. 47.

(NEW GUINEA.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with Mr. Bramston's letter of the 9th instant, stating that

Royal Courts of Justice, 20th July 1885. he was directed to invite our attention to a Report made by the late Law Officers on December 11th, 1884,* upon the subject of New Guinea, and that, for convenience of reference, he was to enclose a copy of that Report.

That Mr. Bramston was to explain that, in October last, when the reference was made to the Law Officers it was expected that the Special Commissioner appointed to act for Her Majesty in the Protectorate would very shortly take up his residence in New Guinea; that British subjects and the subjects of other civilised nations would, in greater or less numbers, follow the Special Commissioner, and that some beginninge at least of settlement would have been made before the Protectorate became part of Her Majesty's dominions.

That the annexation by Germany of a portion of the island and other subsequent events had modified that anticipation, and that it was probable that the proclamation of British Sovereignty might be made before any commencement of settlement had taken place.

That the native chiefs attended the ceremony of proclaiming the Protectorate, and that the principal men among them accepted from the Commodore a staff of office bearing the Queen's Head; but that although they were willing to recognise the Protectorate, they did not do any act equivalent to surrendering their country to Her Majesty.

That in the absence of any settlement by British subjects, or of any Act of cession, it became a question whether territory which was added to the Queen's dominions by Proclamation without the assent of the inhabitants might not be considered as being acquired by conquest.

That the question was important, for if the territory was to be regarded as a Colony by settlement, it would be an inconvenient and very dilatory process to legislate by Orders in Council, under the Act 23 & 24 Victoria, chapter 121, framed in England, and dealing with a state of affairs which were and could be only imperfectly known tɔ the Secretary of State; and that no other course appeared feasible at any rate until there were at the principal settlement persons to whom Her Majesty's power of legis- lation might be delegated under that Act.

That on the other hand, if the territory could be regarded as acquired by conquest or cession, Her Majesty might, it was understood, appoint by Commission under Her Sign Manual and Signet an Officer to administer the Government of the territory and to make laws by proclamation.

That we were accordingly requested to advise—

(1.) Whether we concurred with the late Law Officers in the answers given by them

in the 3rd and 4th paragraphs of their Report of the 11th December 1884.

(2.) Whether under the circumstances stated in Mr. Bramston's letter the territory

could be regarded as acquired by conquest or cession, and

(3.) Generally upon the subject.

In compliance with the request contained in Mr. Bramston's letter we have the honour to

Report

(1.) That we concur with the late Law Officers in the answers given by them in the 3rd and 4th paragraphs of their Report of the 11th of December 1884.

(2.) That we do not think that under the circumstances stated in the letter the territory of New Guinea can be regarded properly as acquired by conquest or cession.

(3) That the 2nd section of 6 & 7 Victoria, chapter 13, which is extended to territories like New Guinea by 23 & 24 Victoria, chapter 121, section 1, enables Her

• No. 32.

A 15927.-32. 35-12/85.