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14 PUBLIC RECORD OFFICE, LONDON

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MY LORD,

No. 12.

(WESTERN PACIFIC.)

LAW OFFICERS to COLONIAL OFFICE.

14 Nov. 181.

Royal Courts of Justico, We are honoured with your Lordship's commands signified in Mr. Bramston's

June 15, 1892. letter of the 13th ultimo, stating that he was directed by your Lordship to transmit to us the Despatches noted in the margin, from the High Commioner, Western Pacific, No. 34, relative to the case of Peter Pratt Edmunds, a man of French origin, who became No. 35, naturalized in New South Wales in 1881, under the Act of that Colony, 39 Vict. c. 19, 14 Nov. 1891. of which a copy was enclosed and to which Mr. Bramsto, was to invite us to refor.

That it would be seen that Edmunds was alleged to have been guilty of an attempt to murder and of kidnapping; but that, in view of the lapse of time and other N.8.w. Act, difficulties in the case, your Lordship, as at present advised, did not propose to instruct 39 Viet. No. the High Commissioner to take criminal proceedings in respect of those alleged 19.

offences.

That it was possible, however, that further complaints might be made against him, and questions arise as to his nationality, and with reference' to a vessel called the 'Magic" of Sydney, of which Edmunds appeared to be registered as managing owner resident in the Solomon Islands, which were not part of Her Majesty's Dominions (see the High Commissioner's Despatch to Lord C. Scott of 14th October 1890, enclosed in Sir J. Thurston's Despatch of 14th November 1890).

That Mr. Bramston was to refer us to section 18 (2) of the Merchant Shipping Act, 1954, which prescribed the conditions under which a naturalized alien might be the owner of a British vessel, and to section 16 of the Naturalization Act, of 1870, which regulated the extent of Colonial naturalization, and section 7 of the same Act, as to the effect of a Secretary of State's Certificate of Naturalization.

That it would also be observed that Edmunds in a petition to the High Commissioner claimed to be a citizen of the French Republic.

That Mr. Bramston was to point out that the Pacific Islanders' Protection Acts of 1872 and 1875, under which the offence of kidnapping was punishable, applied only to British subjects.

That Mr. Bramston was to request that we would be good enough to take the papers into our consideration, and to favour your Lordship with our opinion on the following questions:-

(1.) Was P. P. Edmunds a British subject within the meaning of the Pacific

Islanders' Protection Acts of 1872 and 1875-

(a) When he was on an island in the Pacific.

(b) When he was on board the "Magic," a British ship registered at Sydney.

(c) When he was in any other place or on any other ship outside New South

Wales.

(2.) Was the " Magic a British ship, seeing that Edmunds appeared to reside out

of the Colony of New South Wales?

(3.) Would it be proper for the Secretary of State to make representations to the authorities of that Colony to remove the "Magic" from the register as not being owned by a person qualified under section 18 of the Merchant Shipping Act of 1854? That Mr. Bramston was to add that your Lordship would be obliged if we would favour you with any observations on the caso generally which might suggest them- selves to us.

We have taken the papers into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report

That in our opinion,-1. P., P. Edmunds is not a British subject within the meaning of the Pacific Islanders' Protection Acts, 1872 and 1875, oither when he is on an island in the Pacific or when he is on board a British ship, or at any place outside New South Walos.

2. The "Magic" is not a British ship.

70434-14. 25.-6, 92

No. 44, 23 Nov. 1891.

26 Jan. 1892.

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