P
2
of Council at the last meeting, and anticipating a similar emergency on that occa- sion, he, as President, had made such regulations as he thought necessary to regulate that and future meetings of the Council, in order that the business of the Council might be conducted in a proper manner. That he was advised that he had ample power to do this under Rule 41 of the Standing Orders, which was as follows:-:”
"In case of any question arising not provided for in these Standing Rules and Orders, the Law and Practice of the Imperial Parliament shall, as far as practic- able, be followed in the transaction of business and the conduct of Debates, and the ruling as to such Law and Practice shall rest with the President."
That it had also been suggested that the Governor, as Governor, being responsible for the safety of the Government building in which the Government met, and for the maintenance of order, could, as an act of prerogative, lawfully make the order. That further, it had been suggested that the Order did not contravene Rule IV. of the Standing Orders, that was to say, that as anyone who wished could get a ticket for the asking as long as there was available sitting accommodation, the meetings of the Council were still public, and that it was merely a piece of convenient machinery for the admission of the public to provide, as in the House of Commons, that a visitor should have a ticket or should go through a certain turn- stile, or, as was sometimes done in English Law Courts, should apply for admission at one door and not at another, and even then should not be admitted unless there was seating accommodation available for him. That on the other side it was said the Rule 41 provided only for casus omissi, and that this was not a casus omissus. See Rule 4.
That he was to transmit to us a despatch, with its enclosures, dated the 15th of May last, received from the Governor of the Colony, and also a letter received from Mr. Nathan, the Attorney-General of the Colony, by Mr. Macaskie, K.C., one of the Commissioners recently sent to enquire into the causes of the riots which took place at Trinidad, which letter stated further the views of the Attorney-General on the legal questions involved.
That he was to request us to take these matters into our consideration, and to report whether the order of the Governor confining admission to the proceedings of the Council to persons possessed of tickets and the consequent refusal to admit persons not possessing tickets were lawful.
We have taken the matter into our consideration, and in obedience to your commands have the honour to-
Report
That in our opinion the Governor had authority to make the order in question, and the consequent refusal to admit persons not possessing tickets was lawful.
There is nothing in the Order inconsistent with the right of the public to admission under Standing Order 4; it is a mere regulation as to the convenient mode of admission of the public. It is obvious that some form to regulate the mode of admission of the public must exist, as, for instance, to restrict the numbers admitted to the capacity of the building, and what was done was merely a convenient way of carrying out this object.
We do not think that the authority of the Council was necessary. This does not seem to us to be one of the matters falling within paragraph 20 of the Instruc tions of 1st October, 1880, which deals with the proceedings of the Chamber. This is a mere regulation on a matter of detail as to the manner in which the undoubted right of the publio to admission is to be exercised, and we think that the Governor, as President of the Chamber, had authority to make it.
24632
No. 193.
(TRINIDAD.)
LAW OFFICERS to FOREIGN OFFICE.
[Situation created by the Closing by the Venezuelan Government of certain Customs Houses.]
Royal Courts of Justice,
July 1st, 1903.
It appears to us that the telegram should not be sent in either of the forms pro- posed. We think it would be legitimate for His Majesty's Government to protest, and if necessary to enforce reprisals, if the Government of Venezuela should, without proclaiming a blockade, seize or attempt to confiscate any British vessels making their way to Ciudad Bolivar, as such penalties could only be enforced for breach of a formal blockade which would involve the recognition of the insurgents, but we know pre- of no principle of International Law by which His Majesty's Government could vent Venezuela from prohibiting the passage through her territorial waters in the Orinoco of British and other ships on their way to Ciudad Bolivar. The fact that Ciudad Bolivar is in the hands of the insurgents is, we think, a circumstance which would prevent such prohibition from constituting a breach of the comity of nations. We are of opinion, therefore, that the telegram to be sent should be confined to protesting against seizure or confiscation of British ships. We may add that it does not appear on what ground Venezuela bases her action, and we have thought it right to indicate the above considerations in order that His Majesty's Government may not become involved in a line of action which, if Venezuela resisted, might prove not to be justifiable on principles of International Law.
(Paraphrase.)
R. B. FINLAY. EDWARD CARSON.
Mr. BAX IRONSIDE to LORD LANSDOWNE.
TELEGRAM.
Caracas. July 2nd, 1903. Have received letter, via Trinidad, where it was delayed, from British Consul at Bolivar, reporting navigation of Orinoco closed to traffic, and Bolivar cut off since 6th of June. Town is held by insurgents with 3,000 troops. In town and district now isolated there are about 5,000 British subjects. Severe fighting may be anticipated, as Venezuelan Government have despatched expedition from Caracas against Bolivar. Consul considers it urgently necessary, for protection of life and property of British subjects, that man-of-war should be sent to Bolivar and the Orinoco.
The Right Honourable
Joseph Chamberlain, M.P.,
&c.,
&c.,
&c.
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
(Paraphrase.)
LORD LANSDOWNE to Mr. BAX IRONSIDE.
(Sent 2 p.m., July 3rd.)
TELEGRAM.
You should intimate to Venezuelan Government that as insurgents are in possession of Ciudad Bolivar His Majesty's Government cannot recognise the right of Venezuelan Government to seize and confiscate British merchant vessels pro- ceeding thither, unless Venezuelan Government proclaim and effectively maintain blockade of the port. Such a blockade will involve recognition of insurgents as belligerents.
23 Wt 661 5/100) D & S 5 15122
PUBLIC RECORD OFFICE
Reference:→→
MC.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No comments yet.
Private notes are available after approval.