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CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

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agree with me that there has been no question of superseding their decision under the powers given to them by the Act 31 Viot. No. 7. With their discretion under that Act I have no power, and I certainly have no desire, to interfere. I would, however, point out that these petitions of right are outside that Act altogether, and the question is purely one of law as to the individual right of a British subject to present a petition of right for redress in a Colonial Court for an alleged breach of a contract made on behalf of the Crown.

So long as that right has not been taken away by express legislation I have no power to interfere with its exercise. My duty, on receiving such a petition, is simply to ascertain from the Law Officers of the Crown, that the Petition is proper in form, and discloses a grievance which may properly be made the subject of a Petition of Right, and then, if the answer is in the affirmative, to submit the Petition to the Queen, and, as a ministerial act, advise Her Majesty to grant her fiat. I have no discretion in the matter.

I think it right to add that I should deprecate any attempt to deprive British subjects of their right to petition the Queen for redress unless a direct right of action against the Attorney-General of the Colony, as representing the Crown, is given by statute in every case in which such à petition can now be presented, and is not made to depend on the consent of the Executive as in the Western Australian Act, 31 Vict. No. 7; if a Colonial Government is to have the final power of preventing a subject from bringing before the Courts an injury which he complains that he has sustained at the hands of that Government, it may be asserted that the Government has consti- tuted itself the judge of its own cause, and that is a position which, I venture to think, no Colonial Government would, on the ground of common justice, wish to assume.

I shall transmit a copy of this Despatch to the Governors of the other colonies of Australasia, and when I have the pleasure next month of welcoming the Premiers, I shall be quite willing to discuss the subject with them,

I have, &c.

J. CHAMBERLAIN.

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I need scarcely remind your Ministers that the main object of Her Majesty's Govern- ment in establishing the Protectorate over these islands was to prevent the injury to Australian interests which would have resalted from their passing under the control of a foreign power.

What is already taking place shows that it will be by Australian capital and enterprise that the Protectorate will be developed, and it is desirable therefore that the responsibility for the administration should rest with the Australian Colonies, and that it should be conducted in accordance with Australian rather than English ideas.

The Australian Colonies and New Zealand have already proved by their conduct in regard to British New Guinea, the Cook Islands, and Norfolk Island, that they are prepared to relieve the Imperial Government of responsibility in regard to the Pacific Islands, which they are in a better position to discharge than Her Majesty's Government, and I have no doubt that they will be ready to act in a similar manner in regard to the Solomon Islands.

It has occurred to me that the best arrangement for the administration of the islands would be to add them to British New Guinea, with which the group is geographically connected, and as the agreement under which that possession is now administered expires next year, its renewal might be discussed on the basis that the Solomon group will be incorporated with it.

In the meantime, as will be seen from Mr. Woodford's report, it is expected to raise a local revenue of about 8001. a year, and Her Majesty's Government have agreed to ask Parliament to vote a sum of 1,2001. this year for the establishment of a Residency, which will enable a beginning to be made in the administration, and allow time for the Colonial Governments to discuss the question of providing for the future of the group.

The High Commissioner has been instructed to make all appointments provisional only, so as to afford perfect freedom in regard to future arrangements, as to which I shall hope to have an opportunity of full discussion with your Prime Minister when he arrives.

I have, &c.

J. CHAMBERLAIN.

APPENDIX. V.

APPENDIX VI.

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 885

6

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Protectorate over the British Solomon Islands.

MR. CHAMBERLAIN to the GOVERNORS OF THE AUSTRALIAN COLONIES.

Tasmania, No. 13. New South Wales, No. 30. Victoria, No. 27. Queensland, No. 13. South Australia, No. 7. Western Australia, No. 13. MY LORD, SIB,

Downing Street, March 22, 1897.

a British Protectorate was Your Ministers are no doubt aware that, although declared in 1893 over the Southern Solomon Islands, until last year no steps have been taken to inaugurate a local administration.

During last year the High Commissioner for the Western Pacific temporarily appointed Mr. C. M. Woodford British Resident in the group, and Mr. Woodford, who had had some previous experience there, has, after revisiting the principal islands, furnished a valuable and interesting report* on them, copies of which are enclosed.

It will be seen that there is already a considerable development of trade and commerce with the Protectorate, and that planting also has commenced, and some speculative purchases of land have been made.

The risks attending industrial enterprise in the Solomon Islands, from the character of the Natives, are unfortunately too well known, and it is imperative therefore that the initial steps for the establishment of law and order should not be longer deferred.

* Colonial Reports (Miscellaneous) No. 8 [C. 8457.]

Treaty with Tunis.

Copy of the existing Treaty is annexed. It will be seen that many of its provisions are exceptional, providing for Consular jurisdiction over British subjects, and other matters arising from the peculiar nature of the Government of Tunis prior to the establishment of the French Protectorate.

The tariff provisions are sections 7, 13, and 14, which provide that goods from the British dominions are to have most-favoured-nation treatment in Tunis, and to be subject in no case to a higher rate than 8 per cent. ad valorem. Reciprocally, Tunisian produce is granted most-favoured-nation treatment throughout the British dominions.

No date is fixed for the termination of the Treaty, and France is anxious to bring Tunis more closely within her own commercial system, and therefore to get rid of this Treaty. She could effect this by annexing Tunis, but prefers for the present to continue the Protectorate arrangement, and to negotiate a new treaty to replace the Treaty of 1876. All the other countries of Europe had treaties with Tunis somewhat similar to ours, and have already negotiated new arrangements with France, providing for their commercial relations with Tunis.

In the negotiation now proceeding it is proposed to replace all the stipulations of the Treaty of 1876 dealing with the treatment, rights, and privileges of British subjects in Tunis, and of Tunisians in Great Britain, by the stipulations in the existing treaties between France and England, and as regards the tariff, to replace the provisions of Articles 7, 13, and 14 by a provision that Great Britain is to have most-favoured- nation treatment in Tunis, and Tunis in Great Britain, and that until 1912 the duty on

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