CO129-125 - Sir MacDonnell - 1867 [10-11] — Page 277

273

umfriendly

act and an

unfair impediment Trade,

to the legitimate operations of

well as

contrary

introduced

to the spirit of the Treaty

I therefore treat that stipulations may

be

rendering the withholding of the purmision contemplated by the Treaty imposible unless for exceptional and

H-

sufficient

reasons,

to be communicated

to the bansul.

31.

The

second point to which I would

draw attention is the necefsity for always leansing open an appeal to higher authority

in the case

repels or Cargo confiscated

under the Greaty. At present under the Artistes made in 1865 by MC: Wade and Prince King, if the banoul and Superintendent

confiscation in the first

as to the confiscation

agree as

agree

bax Memrat

Bath 39-40.41

motance, all night to appeal is concluded,

and in the recent case

of the Prince

Albert seized and confiscated, have sheum, most impuotly.

merits and illegally in the

CLO

I

on the

in the opinion of

the Attorney General according to the

all right of Appeal was estopped

Treaty,

by the bonauto not exprefsing defent

in the first stage.

Thus the case

passed beyond the power of Her

{

finally

th

<チャー

Marjisty's Government to afford any

I would therefore suppest

adequate redress. I

not

merely a revision of those Articles of Mr. Wade, but

a clearer

definition of

what constitutes confiscation under XIVI!!,

to be attached

and what is

}

the

meaning

to the phrase "resorting to other Ports