Note to Count Persigny, Mauritius.
Despatch No. 83.,
12th July 1860, to Governor, Canada.
Secretary of State,
No. 240, 30th July 1860-
The third Enclosure is the copy of a Note addressed to the French Ambassador, having reference to u complaint made by the French Consul at Mauritius, that he had been brought by subpoena before the Supreme Court of that Colony.
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admitted that the mode.
In this case procedure adopted subjected the Consul to unnecessary
a Poule of inconvenience, and it was understood that Court would be pussed in order to place the matter on
satisfactory footing.
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میلی رسمیم
The fourth Enclosure is the expy of a Despatch addressed to the Governor General of Canada respecting certain claims put forward by the French Consul at Quebec.
کیز کی
The fifth Enclosure is the copy of a Despatchi addressed to the Governor of Mauritius respecting practice which existed in that Colony of allowing foreign Consuls to exercise a species of criminal jurisdiction.
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consider these documents
You will of communicated to you confidentially.
I have the honour to be.
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کن تیار کیا
Your most obedient humble Servant,
No. 1.
371
EXTRACT from REPORT from the QUEEN'S ADVOCATE to Lord CLARENDON; dated Doctors' Commons, November 13, 1856.
APART from the privileges (if any) which may be secured to them by any existing treaty with the power whose agents they are (to which, in the case of Spain, no reference is made in Lord Shelburne's letter), I am not aware of any privileges to which foreign consuls are strictly or legally entitled, as of right, in Great Britain or in any of Her colonies.
The English law considers them amenable to civil and criminal jurisdiction, and does not (as far as I am aware) give them or allow them any legal privileges whatsoever. It can hardly be said to recognise them in their official character: and such privileges or exemptions as they may enjoy are conceded to them (if at all) either by the executive or local authorities, at their discretion, or by usage or courtesy. Thus it may be usual and proper to pass a consul's baggage and furniture without examination at the Custom House; to avoid compelling him to serve in the militia, or in any local office, as constable or overseer; to abstain from quartering soldiers in his house, or from pressing his animals or property for the public service; not to insist on his payment of any personal tax or duty; to provide for the careful protection of his house and property (especially of the consulate and archives), in case of emergency or impending danger; and to treat him, both personally, in correspondence and on all occasions, with the greatest official courtesy and consideration.
Discretion and international comity will point out to all colonial authorities the propriety of avoiding (as far as possible) any collision or dispute with any foreign consul as to his personal or official privileges; but should he claim and insist upon any exemption or privilege as belonging to him legally and of right by virtue of his office, I cannot advise its being conceded, without the advice of the colonial law officers of the Crown, or instructions from home.
(Copy.)
No. 2.
The Duke of NEWCASTLE to Governor WODEHOUSE. (B. Guiana, No. 138.) SIR,
Downing Street, June 9, 1860.
I HAVE received your despatch of the 15th March, requesting to be instructed as to the mode in which you are to deal with a claim advanced by the Portuguese consul in British Guiana to be placed in charge of the effects of deceased Portuguese subjects.
I think the following directions will relieve you from all difficulty:--
You have yourself observed, but I think it as well to repeat, that you have as Governor no right or power to alter or interfere with the existing law or legal procedure in the Colony on the subject in question. If, therefore, the Portuguese consul conceives that he has any legal right to interfere with or to take charge of or administer to the effects of Portuguese subjects deceased, in the absence of heirs, either generally or under any special circumstances or conditions, he must apply to the competent court in that behalf, and not to the Governor, who has no power over the subject matter. of opinion that it is not within the Governor's province to discuss either the treaty or the colonial law with the consul; and that it will be your duty, with all proper courtesy, to decline as far as possible all such discussion, reiterating that it is quite out of your power to interpret or alter or to interfere with the existing law, or to authorize any departure from the established system in favour of Portuguese subjects or of the Portuguese consul.
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You may also inform him, that no such right as that which is apparently suggested is allowed to or even claimed by the Portuguese consuls in England; and that it is not conceded to any foreign consul here, and does not exist by the law of England.
952. E. & S.-100.--8/60.
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