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List of Papers.

(A.) Vol. xxii Collection of Venezuelan Laws and Decrees. (B.) Mr. Bax-Ironside

(C.)

(D.)

(E.)

Ditto

Ditto

Ditto

(F.) Treaty with Venezuela

(G.) Treaty with Colombia

17575

(No. 108) (No. 53)

May March

28, 1903.

5, 1904.

10, '1904.

(No. 14. Telegraphic) April

(No. 330) December 24, 1903. October 29, 1834.

LAL

...April

18, 1825.

No. 224.

(WESTERN PACIFIC.)

PUBLIC RECORD OFFICE

Reference :--

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

LAW OFFICERS to FOREIGN OFFICE.

}

Royal Courts of Justice,

April 29, 1904. MY LORD,

We were honoured with Your Lordship's commands, signified to us by Mr. Villiers in his letter of the 21st January last, stating that he was directed by Your Lordship to transmit to us the papers relative to the complaint put forward by Julio Baldon, George Green, and Walter Cummings, British subjects, employed on board the United States sloop "Alemania," of ill-treatment suffered on the seizure of the and to request that we would take the papers into our consideration, and favour him vessel by the Venezuelan gun-boat "Veinte-tres de Mayo" on the 12th June, 1903, with our opinion whether this was a case in which the Decree of the National Court of Finance at Carúpano should be recognized, and whether the Venezuelan Government should be informed that compensation must be paid to the three British subjects concerned and the sums exacted from Julio Baldon restored.

We were further honoured by Mr. Villiers's letter of the 22nd instant, stating that he was directed by Your Lordship to transmit to us documents containing certain further information which the Attorney-General requested might be furnished.

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

Report-

That in our opinion His Majesty's Government should decline to recognize the Decree of the Northern Court of Finance at Carúpano, and should demand compensa- tion for the British subjects concerned.

We assume that, as is stated in the Decree, the ports closed were in the hands of the insurgents.

In such circumstances the seizure could be justified only for breach of a blockade A condemnation for breach of Customs Regulations duly proclaimed and enforced.

in respect of a port not under the control of the Venezuelan Government cannot be recognized.

The Right Honourable

The Marquess of Lansdowne, K.G.,

&c., &c.,

&c.

We have, &c.,

R. B. FINLAY.

EDWARD CARSON,

SIR,

LAW OFFICERS to COLONIAL OFFICE.

-

[Questions concerning Ocean Island.]

Royal Courts of Justice,

May 16, 1904.

WE were honoured with your commands signified to us by Mr. Bertram Cox in his letter of the 25th March last, stating that he was directed by you to request, our report on certain questions arising with regard to Ocean Island, an island in the Western Pacific within the British sphere, in Latitude 0° 52′ 5", Longitude 169° 35′ E. That on the 4th January, 1900, the Pacific Islands Company in a letter applied for a licence to raise and export guano and other substances from Ocean Island. That delay ensued on account of the necessity of communicating with the High Commissioner of the Western Pacific, and some months before the issue of a licence the Pacific Islands Company occupied the island under a lease from the natives, and hoisted the British flag, though without authority from the British Government to do so.

That the British flag was hoisted on the 5th May, 1900. That a licence was eventually issued to the Pacific Islands Company on the 2nd October, 1900.

That on the 30th August, 1900, a letter was addressed by your Department to the Admiralty in which the Lords Commissioners of the Admiralty were asked to instruct the Commander of the next ship of the Australian Squadron which might visit the Gilbert and Ellice Islands to hoist the flag on Ocean Island. That in accord- ance with this request the island was visited by Captain Tupper, commanding His Majesty's Ship “Pylades," who hoisted the British flag on the 28th of September, 1901, and issued a Proclamation.

That in the interval, however, the High Commissioner of the Western Pacific had issued a Proclamation dated the 28th November, 1900, notifying that the pro- visions of the Pacific Order in Council, 1893, and the Queen's Regulations made in accordance therewith which applied to the Gilbert and Ellice Protectorates were extended to Ocean Island, and that he also had issued a Regulation to prohibit the collection and removal of guano from the Ellice Group in which the Ocean Island had been included. That he was to enclose a print of the Pacific Order in Council, and that it would be seen that under Article IV. of that Order the limits of its application were islands and places which were British settlements which were under His Majesty's protection, or which were not under any civilized Government, and that under Article VI. (1) the Gilbert and Ellice Islands were within the limits of the High Commissioner's jurisdiction.

That he was to transmit to us copies of previous reports by Law Officers of the Crown, which seemed to bear upon the questions arising, and that he was directed to request us to take these matters into our consideration and to report

(1.) Whether Ocean Island is or is not part of His Majesty's dominions? (2.) If so, by what method was Ocean Island acquired, by settlement or by conquest?

(3.) Whether, assuming that the Island is part of His Majesty's dominions, it became so in consequence of the occupation by the Pacific Islands Company, and their hoisting of the flag together with His Majesty's licence to occupy, or in virtue of the proceedings taken by the Captain of His Majesty's Ship "Pylades" as above set forth?

(4.) Whether the High Commissioner of the Western Pacific has power to make King's Regulations for the peace, order, and good government of Ocean Island under the provisions of the Pacific Order in Council, 1893, and, if so, whether the grant of such power is lawful under the British Settlements Act or otherwise. If not, what course should be taken to provide for the passing of the necessary laws for the government of the Island?

25 Wt G04 61904 D & S : 18995

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