PUBLIC RECORD OFFICE
C.O.
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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH─NOT TO
PUBLIC RECORD OFFICE, LONDON
No. 60.
But notwithstand- ing the issue of such Declaration
fonian vessels could
not be condemned
in a British Court for trading with the enemy during the Russian war. the Order in Commed of 1854 affecting only
British ssel-, '
No. 61.
Form of Declara- tion of hostility.
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upon all Ionian subjects to take notice thereof, and to demean themselves accordingly.
Herman Merivale, Esq.,
&c.
&c.
SIR,
&c.
We are, &c.
(Signed)
J D. HARDING. A. E. COCKBURN. RICHARD BETHELL.
No. 60.
Copy of a LETTER from the LAW OFFICERS of the CROWN to Mr. BALL.
Doctors' Commons, November 7, 1855.
•
WE are honoured with your letter of the 8th October last, stating that with reference to our letter of the 8th August, approving of a draft Declaration of Hostilities between the State of the lonian Islands and the Emperor of Russia, with certain amendments, you were directed by the late Sir William Molesworth to request that we would report our opinion whether, after the issuing of this declaration in the manner proposed, the British Court of Admiralty will be authorized to try and condemn Ionian vessels offending against the Declaration, and if we should think any further amendment required for this purpose, we are requested to suggest it.
In obedience to the above commands, we have the honour to report-
That by the Order in Council, 15th April, 1854, "all subjects of Her Majesty and the subjects or citizens of any neutral or friendly State shall and may, during and notwithstanding the present hostilities with Russia, freely trade with all ports and places, wheresoever situate, which shall not be in a state of blockade, save and except that no British vessel shall, under any circumstances whatsoever, under or by virtue of this Order or otherwise, be permitted or empowered to enter or communicate with any port or place which shall belong to or be in possession or occupation of Her Majesty's enemies."
The Court of Admiralty, in the case of the "Leucade," decided that Ionian vessels were not British vessels" within the terms of this Order, and that lonia, as an independent (although protected) State, was not at war with Russia.
The Declaration cures the latter defect; but inasmuch as both British subjects, allies, and neutrals, may, by the above Order, freely trade with the enemy (provided they do not employ British vessels in such trade), Ionian vessels will (notwithstanding the Declaration), be entitled to the benefit of that Order in Council, and that they cannot be condemned by the Court of Admi- ralty for trading with the enemy, unless that Order is altered.
The only remedies would be-
1. For the Lord High Commissioner to refuse to give them passes for the Baltic or the Black Sea.
2. For the Ionian Government to pass a law confiscating all vessels trading with the enemy, and for Her Majesty's ships to deliver up to the Ionian Govern- ment all ships taken under that flag for trading with the enemy.
&c.
John Ball, Esq., M.P.,
&c.
&c.
We have, &c. (Signed)
J. D. HARDING. A. E. COCKBURN RICHARD BETHELL.
No. 61.
Copy of a LETTER from the QUEEN'S ADVOCATE and the SOLICITOR-GENERAL to Mr. Secretary LABOUCHEKE,
SIR,
Doctors' Commons, December 14, 1855.
WE are favoured with Mr. Merivale's letter of the 5th of December, stating with reference to our letters of the 21st of August and 7th of November last on
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the subject of a proposed Declaration of Hostilities between the Ionian Islands and the Emperor of Russia, he is directed by you to inform us that the draft Declaration, as approved by us, was transmitted to the Lord President of the Council by the Colonial Office, and that his Lordship has caused the letter, of which copy is annexed, to be addressed to the Colonial Office thereupon.*
Mr. Merivale states that lie is directed to request that we will take his letter No. 5. into consideration, and report to him our opinion-
1. Whether the passage of the Declaration to which reference is made
therein may be properly omitted; and
2. The proposed words substituted.
Mr. Merivale is directed to request an early attention to his present letter,
as it is very desirable that the necessary steps should be taken without further delay.
We have accordingly taken the papers into consideration, and have the honour to report-
That on reconsideration of the Proclamation, we think that the Lord Presi- dent's objection to the concluding passage of the Declaration is well founded, and that such passage (beginning with the words "and we further declare," &c., to the end), had better be omitted.
We do not recommend that any clause should be added to the Declaration, for the purpose of calling on the authorities in the Island to take any measures consequent upon that declaration.
The Right Hon. H. Labouchere, M.P.,
&c. &c.
&c.
We have, &c. (Signed)
J. D. HARDING. RICHARD BETHELL.
[For letter from the Foreign Office, in regard to the effect that the recent Order in Council of August 27, 1857, for regulating Consular Jurisdiction in the Levant, will have upon the citizens and vessels of the Ionian States, vide Appendix No, 6.]
SIR,
Cape of Good Hope.
No 62.
Cory of a LETTER from the LAW OFFICERS of the CROWN to Sir J. PAKINGTON.
Doctors' Commons, December 20, 1852.
* Vide Appendix
No. 62.
WE are honoured with your commands, signified in Mr. Merivale's letter of Sovereignty, relin- the 15th instant, stating that he was directed to request that we would report quishment of, over our advice as to the course to be taken by Her Majesty's Government, under Orange River terri- the following circumstances :-
On February 3rd, 1848, Sir H. Smith, then Governor of the Cape of Good Hope issued a Proclamation, declaring the sovereignty of the Queen over the territories therein described.
After a correspondence between Sir H. Smith and Lord Grey, then Secretary of State for the Colonies, to which our attention is directed in the accompanying papers laid-before Parliament, Letters-Patent were issued under the Great Seal, constituting the Orange territory a distinct and separate Government, to be administered by the Governor, for the time being, of the Cape of Good Hope, and establishing a Legislative Council in that territory, with power to make laws, Copy of these Letters-Patent, and of the Instructions accompanying them, were annexed, and are herewith returned.
Mr. Merivale is further pleased to state, that it has now appcared expedient
S
tory can only be abandoned by Act of Parliament.
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