Cornell University Library JV 1061.M65 Colonial constitutions :an outline of th 3 1924 021 049 725 Cornell University Library The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924021049725 COLONIAL CONSTITUTIONS. COLONIAL CONSTITUTIONS : AN OUTLINE CONSTITUTIONAL HISTORY AND EXISTING GOVEENMENT BEITISH DEPENDENCIES; WITH SOHEBTILES Or THE OEDEES IN COraCIL, STATUTES, AND PARLIAMENTAEy DOCUMENTS EELATING TO EACH DEPENDENCY. BY ARTHUR MILLS, ESQ, OF THE INNER TBMPLEj BARRISTER- AT- LAW. * Und das Band der Staaten ward gehoben, Und die alten Formen stttrzten ein ! " SCHTLLBR. LONDON: JOHN MURRAY, ALBEMARLE STREET. 1856. c*^" The ' '^ President White . Library LONDON : PKINTED BY WOODFALL AND KINDER, ANOEIi COURT, BKINKBR. STREET, TO HERMAN MERIVALE, ESQ., rNDEB SEOBKIAKT Or STi.TB FOB THE OOLOHIES, AN EAELY AND CONSISTENT ABVOCATE OF THAT ENLIGHTENED AND PEOGEESSIYE SYSTEM OF COLONIAL POLICY NOW HAPPILY ADOPTED BY GKEAT BEITAIN, IS INSCRIBED BY HIS SINCERE FRIEND, THE AUTHOR. PREFACE. The main object of this Volume is to supply a want whicli has been felt by the writer, and, as he has reason to believe, by others, of some brief compendious in- formation on the Constitutional History and present pohtical condition of the British Dependencies. With this view, the dates and titles of Public Documents, comprising Orders in Council, Acts of the Imperial Parliament, and Parliamentary Reports, Ac- counts, and Papers, relating to each Dependency, have been separately arranged, and prefaced by a short historical summary, and a sketch of the present Con- stitution of each. The five great divisions of the world — Europe, Asia, Africa, America, and Australasia — ^have appeared the most convenient basis for the general classification of the British Dependencies, both continental and in- sular ; the latter being grouped v,ith that class with which their geographical position most obviously con- nected them. Mauritius and St. Helena have thus been regarded as African ; the Antilles and the Palk- lands as American Dependencies. viii PREFACE. It may be necessary to explain, that the idea of a British Dependency, according to the writer's accepta- tion of that term, is not limited to territories originally settled by inhabitants of the parent State, nor to those now administered through the Colonial Office, but comprises all the Provinces of the British Empire, insular or continental, near or remote, which are not represented in the British Parliament, but subject to distinct subordinate Governments, absolute or repre- sentative. The territories, for instance, of the East India, and Hudson's Bay Companies, the Isle of Man, and the Channel Islands, though they may not fall within any of the ordinary definitions of " Colonies ; " are yet manifestly " Dependencies," by the omission of which any enumeration of the subject Provinces of Great Britain would be rendered incomplete. The same may be said of the Ionian Islands, (the protectorate of which involves the discharge of legislative and executive functions,) and of British Honduras, what- ever may be the eventual interpretation of the treaty signed at Washington in 1860. In the abstracts or titles of Orders in Council and Imperial Statutes relating to each class of Dependen- cies, many omissions will, doubtless, be detected j and, on the other hand, it will be found, that, in some in- stances, references to Public Documents of a temporary and purely local nature have been inserted which might seem, at first sight, scarcely worthy of registration. It will, nevertheless, be admitted that a Chronicle of Edicts, though, for the most part, long since inoperative. PREFACE. ix is not without its value, as illustrating the gradual re- laxation of Imperial authority over the Dependencies in matters to -which these Public Documents relate, and the gradual progress of Colonial self-government. With respect to the Orders in Council, the absence of any classification in the Council Office of these do- cuments, to which in many instances no index exists, has rendered accuracy almost unattainable. The same may be said of the dates of commissions and instruc- tions of Colonial Governors, of which no register is kept. These dates are, however, comparatively un- important, except as conveying information as to the average tenure of office by Governors previous to Mr. Huskisson's administration of the Colonial De- partment. A brief sketch of the system of trans- portation, together with the Acts and documents relating thereto, form the subject of the last Chapter. At the end of the Volume, that portion of the recently re-issued " Rules and Regulations for Her Majesty's Colonial Service " which relates to the existing forms of Colonial Constitutions, has been added; also an Appendix, containing a brief suhamary of the existing Local Government of British India. The important changes, now in progress, in the Constitutions of the Australian Colonies, are of course only brought up to the point at which they have actually arrived, and the inevitable incompleteness of any record which attempts to synchronize the poli- tical history of the remote provinces of a wide-spread empire will be in the case of South Australia pecu- liarly obvious. The Constitution of that Colony, X PREFACE. framed by the Provincial Act of 1854, has been ah-eady superseded.* This book will not be found free from the inaccura- cies almost inevitable in an inquiry comprehending a field of time and space so varied and extensive, f In a work which professes to be for the most part simply a compilation, the acknowledgment of Hterary obligations would be, in itself, a voluminous process. In the sketch given in the first Chapter of the " Home Administration of the British Dependencies," reference has been made to Thomas's " Notes of Materials for a History of the Public Departments." Clark's " Colonial Law," and Heeren's " Manual of the Political System of Europe and its Colonies," have been also sources of historical and legal infor- mation.! In conclusion, the writer cannot omit specially to mention the willing and valuable assist- ance he has received at the Colonial Office", the Board of Trade, the East India House, and the CouncU Ofiice, in the prosecution of such inquiries as apper- tain to those departments of the Public Service. * Two Elective Chambers have now been constituted. ■\ Among the errors of tlie press oj' pen which may possibly mislead, is one relating to the Executive Committee of Jamaica, to which attention is called in the Errata. I A Map illustrating the existing Dependencies of all the European Powers was originally intended to accompany tliis volume, the publication of which has been consequently for some time delayed. The Map is not yet complete, and as further postponement was deemed undesirable, a Statistical Table, showing the area of these Dependencies, has been substituted, and will be found in tlie Appendix. CONTENTS. PAGE InTEODUCTION XV CHAPTER I. AN ODTLINE OF THE CONSTITUTIONAL HISTOEY AND EXIST- ING GOVERNMENT OF THE BRITISH DEPENDENCIES. Historical Sketch of the Home Administration of the British Dependencies. — Laws and Government of the British Dependencies as affected hy the mode of their original acquisition, either (1) hy the occupation of vacant Territory, or (2) hy cession or conquest from other Powers. — The existing Constitutions of the British Dependencies — (1) Those not possessing^ Eepresentative Government. (2) Those possessing Representative Government. — Powers of Colonial Governors. — Powers of the Executive Councils. — Powers of the Legislative Councils. — Powers of the Eepresentative Assemblies. — Prerogatives reserved to the Crown in the Administration of the British Dependencies — (1) In respect of the confirmation or disallowance of Colonial Acts or Ordinances. (2) In respect of Territorial Revenues, and Royalties on Minerals. (3) In respect of Appellate Jurisdiction. (4) In respect of the Foreign Relations of the Depen- dencies ... . . CHAPTER II. EUROPEAN DEPENDENCIES. Ionian Islands, Malta, Gibraltar, Heligoland, Isle of Man, and Channel Islands ... .67 xii CONTENTS. CHAPTEE III. ASIATIC DEPENDENCIES. PAGE British India, Ceylon, Hong Kong, and Labuan . .105 CHAPTER IV. AFRICAN DEPENDENCIES. 1. Southern: Cape of Good Hope, British KaflEraria, Natal. — 3. Western: Sierra Leone, Gambia, Gold Coast Settlements. — 3. Mauritius. — 4. St. Helena, Ascension 149 CHAPTEE V. AMERICAN DEPENDENCIES. 1 . Northern : Canada, Nova Scotia, New Brunswick, Newfoundland, Prince Edward's Island, Hudson's Bay Territories, Vancouver's Island, Bermudas. — 3. Cen- tral : Honduras, Jamaica, Bahamas, Windward Is- lands, Leeward Islands, St. Lucia, Trinidad. — 3. Southern : British Guiana, Falkland Islands, Pit- cairn ... . ... 183 CHAPTEE VI. AUSTRALASIAN DEPENDENCIES. 1. Australia, comprising New South Wales, Victoria, South Australia, Western Australia. — 2. Tasmania and Norfolk Island. — 3. New Zealand, Chatham Islands, Auckland Islands . .291 CHAPTEE VII. Historical Sketch of the System of Transportation of Criminals to the British Dependencies, with Orders in Council, Acts of Parliament, and Pai-liamentary Documents relating thereto . . 343 CONTENTS. Xiu APPENDIX A. PAQE Statistical Table — Dates of Acquisition and Popula- tion of the Dependencies ; also Imports and Exports, Revenue and Expenditure, for 1854 .... 364 APPENDIX B. Rules and Regulations for Her Majesty's Colonial Ser- vice (cap. 1, a, and 3) 366 APPENDIX C. Local Government of British India, and Relations of the Imperial Government with the Native States . 383 APPENDIX D. Statistical Table — Dependencies of the European Powers, with the area of each . . ^ . . . 387 APPENDIX E. Laws relating to Christianity in the British Dependencies 391 Index 395 ERRATA. Page 74, line 14, for her, nod His. „ 105, „ 22, „ 1853, nod 1851. , 109, „ 20, „ Burdwar, nod, Burdwan. '„ 125, „ 8, „ 17, read 2r. „ 127, „ 40, „ 115, read 155. „ 137, „ 18, „ 492, read. 692. „ 175, „ 31, „ 13, reffitZSl. „ 176, „ 34, „ Sept. 13, read 17. „ 202, „ 32, „ grist, read quit. „ 228, „ 16, „ Act, read Secretary. „ 236, „ 4, „ the members, read three members. „ 243, „ 9, „ constitution, read consolidation. „ 256, „ 12, „ 1853, rent? 1833. „ 265, „ 21, „ 9, read 7. „ 266, „ 26, „ vote, read rate. „ 271, „ 9, „ civilisation, read cultivation. „ 272, „ 16, „ 1685, read 1786. „ 295, „ 8, „ Charters, read Chamhers, „ 306, „ 12, „ 247, reod347. „ 317, „ 31, „ £2000 read £200. „ 331, „ 3, „ 162nd & 163rd, read 166th & 179th. INTRODUCTION. Arguments for the retention of a Colonial Empire considered, as adduced from the examples of other States. — Phoenician Colonisation. — Carthage. — Greek Colonisation. — Eoman Colonisation. — Colonisation of the Italian Eepublics of the Middle Ages. — Venice. — Genoa. — Colonisation of the Na- tions of Modem Europe. — Portugal. — Spain. — Holland. — France. — Great Britain. — Historical sketch of British Colonisation. — Present cohesion of British Empire attri- buted to the relinquishment, on the part of the Parent State, of all those advantages usually assumed to accrue to dominant Countries from the possession of Dependen- cies. — ^Arguments for the abandonment of the British De- pendencies considered. — Probable disastrous consequences to all parties from such a course. ■ — A Colonial Empire regarded as an instrument of Christian civilisation. — In- evitable difficulties in the Administration of detached Em- pires. — Opinions of Mr. Burke, Mr. Fox, Sir Samuel Eomilly, and Sir Eobert Peel. — Self-government for Colo- nies necessarily implies the powers of self-maintenance and self-defence, as illustrated by the case of the Thirteen United States. — Progress of public opinion in respect of the principles of Self-government for Colonies. — Difficul- ties in its practical development.— " Eesponsible Govern- ment." — Constitution of Colonial Parliaments.— Compara- tive advantages of two Chambers or one, and of nominated or elective Legislative Councils. — The efficiency of Self- government in Colonies depends mainly on the existing material for its establishment. — Examples of Jamaica and St. Vincent, and Victoria. — Freedom in local government consistent with continued dependence on Imperial Sove- reignty. — Hopes for the future. a country claiming to sustain the important part now assumed by Great Britaiin in the con- troversies of the continental states-system, and yet T XVI INTRODUCTION. occupying so inconsiderable an area in the map of Europe, it would seem at first sight scarcely possible to overrate the importance of the right administra- tion of the outlying portions of her empire. And yet the desire to maintain the integrity of that em- pire, has not, at the present day, the unanimous cha- racter of a national instinct. Doubts, naturally in- cident to a period of transition in the theory and practice of Colonial Government, have arisen in the pubhc mind, affecting the expediency of any continued exercise of imperial authority over the Dependencies of Great Britain. These popular misgivings, of which it might be as difficult to trace the origin, as it is to deny the existence, assume various forms, economical and political, and sometimes an importance which would not otherwise belong to them by an appeal to the publicly-expressed sentiments of per- sons in authority. If the existence and prevalence of such misgivings in any form is admitted, it would be an evasion of a preliminary difficulty to pass them by unnoticed, even at the risk of encumbering with discussions on con- troverted questions of Colonial policy, the prefatory ' pages of a compilation of facts and documents in- tended to be merely the basis of a correct opinion on the subject to which they relate. It is not intended here to controvert that class of arguments for the abandonment of Colonies which have no other foundation than those unaccountable popular jealousies of the Executive Government, each and every department of which is in turn impartially IFTRODUOTION. XVU condemned as a mere field for patronage maintained for the convenience of the governing body at the expense of the community. To defend our system of Colonial Government from such an imputation, would involve at the same time a defence of our whole exe- cutive administration, civil and military, foreign and domestic, a task which I do not profess to undertake. But the retention of the British Dependencies is im- ^^s^' , ^ ments for pugned on special grounds, less vulgar and more plau- the reten- sible. " Extent of territory," it is argued, " is rather Colonial a cause of national weakness than of strength. The ^^^^^ grandeur which it is supposed to confer on a State, is as ^^^ered. unreal and unsubstantial as that which an individual is supposed to derive from power or fame. On what grounds," it is asked, " do you rest the maintenance of a Colonial empire supported at considerable cost to the parent State, from which you derive no profit, and to so large a portion of which you have already con- ceded the privilege of full and free self-government ?" The advocate of our present system appeals, not un- natiu-ally, to the examples of other States, ancient and modern, in vindication of our own practice in the occupation and retention of distant Dependencies. Tyre, Greece, Carthage, Rome, Venice, Genoa, Spain, Portugal, Holland, France, and Denmark, are cited as precedents of colonising powers, which, on various considerations of real or presumed advantage, have, at various periods of the world's history, asserted a dominion over territories far beyond the Hmits of the parent State, and it is assumed that the policy of those nations, which have occupied and retained a Colonial b xvm INTRODUCTION. empire has, whether wise or unwise, resulted from certain uniform and natural instincts which Govern- ments can neither create nor control. But it is manifest that the value of any precedent, ancient or modem, which may be cited in favour of any given system, depends not merely on its actual success or failure to be learnt from history, but on its accurate application to the national circumstances of that country for whose guidance or warning it is quoted ; and the favourite precedents of antiquity especially need to be thus tested. Phoenician Phoenician colonisation, for instance, of which first tion.""^^ Sidon,* and afterwards Tyre, was the metropolis, con- sisted of the plantation of emporia of commerce on the islands and shores of the Mediterranean, of the foundation of which few annals or even traditions remain to us, but which, when once founded, were subjected to no interference or effort of the parent State to tax, or govern, or defend them. It is mani- fest that, notwithstanding the commercial resemblance which the dehneations of the Hebrew prophets so strikingly convey to us, any correspondence or data of comparison between the colonising systems of Tyre and Great Britain, will be sought in vain among the records of either. There was, indeed, one renowned Phoenician Colony, * Although the cities of the Phoenician coast were never united in a single monarchy, the superior influence, first of Sidon and afterwards of Tyre, enabled each to exercise a con- trolling power. There was also a joint place of meeting for representatives of the three principal cities, Sidon, Tyre, and Ai'adus, in which measures affecting the home dominion of Phoenicia were decided on. — Vide Kenrich's Phoenicia. INTRODUCTION. xix eventually the independent centre of a vast dominion, in the faint outlines of whose political system, as sketched by contemporary historians, it is difficult to trace the hneaments of a Tyrian parentage. Carthage alone, among ancient States, presents in her Colonial policy any analogies which may serve for warning or for guidance in the government of detached empires at the present day. Carthage held, for seven centuries, three hundred tributary African cities, on the southern shore of the Mediterranean, extending along a sea-board of two thousand miles. This might be called the Home Empire of Carthage. Her Colonies comprised Sar- dinia, Corsica, Sicily, Malta, the Balearic Islands, Gambia and Senegal, together with Settlements or trading factories on the coasts of Spain and Great Britain. The Colonial system of Carthage was based on a strict commercial monopoly : a dispute arose with Rome respecting a Dependency claimed by both powers, the final issue of which was, that the empire of Carthage was destroyed, having experienced no sympathy in the hour of her extremity from those Colonists who had neither the power nor the will to save their despotic mistress, the chief condition of whose empire had depended on perpetuating their poverty and bondage. But the model of Colonial policy most frequently Greek and prominently exhibited for the emulation of mo- tion."^''" dern States is that of Greece. The historian, in con- trasting the early settlements of the .^olians in Asia Minor, and of the Dorians in Italy and Sicily, with b 2 XX INTRODUCTION. the colonising efforts of Great Britain, deplores what has been sometimes affectedly denominated " the lost art of colonisation:" the orator on the same text, justly admiring that affectionate alliance which united Locri and Tarentum, Ephesus and Miletus with the land of their origin, praises those good old days when, " through a wise and salutary neglect, a generous nature was suffered to take her own way to per- fection." The poet still loves to follow, through the dim distance of two thousand years, the Greek emi- grant as he bore across the seas to his adopted home the arts, philosophy, and traditional divinities of his native land. And sometimes, as the more practical politician contemplates the union which subsisted between the Colonies of Greece and the mother country — an union resting not on state contrivances and economical theories, "but on religious sympathies and ancestral associations — ^he is almost tempted to ascribe the contrast presented by our own Colonial Empire to some defect of purpose or of power in modem statesmanship. But a closer examination of its records convinces him that the results presented by Greek colonisation are in no degree to be ascribed to any " lost art," or dehberate policy peculiar to that age and race. Groups of emigrants driven by necessity or adventure, who left home when and whither they pleased, bound to the parent State by no poHtical relation or authority, and subject to no pubhc department or functionary for the administration of any central or local jurisdiction,* passing through no * Though the oixKn-i?, or leader of the Greek Colony, who INTRODUCTION. xxi gradations of dependence to entire freedom ; a cluster of allied, but distinct communities ; — such were the Colonies of Greece,* a political phenomenon which the statesman of our own day may admire, but cannot create ; — a simple, inartistic alliance, to which the complicated machinery of modern Colonial Govern- ments for the revision and control of local and muni- cipal legislation may indeed present an unfavourable contrast, but affording no basis of comparison on which any practical political inferences, either to con- demn or to justify our present system, can be reason- ably founded. Roman colonisation, considered as a political system, Roman affords a precedent still less applicable than that of tion. Greece to the present circumstances of Great Britain. Its genius was almost wholly military. Its field of operations was one vast camp. To people garrisoned towns, first in the conquered provinces of Italy, then in the distant dominions of the empire, where land was allotted to the soldier instead of pay and provi- sions, was its main object. The population of the " Co- lonise" was, indeed, tiUed up by the poorer freemen, whom the want of any opening for retail trade, in a state of society where all mechanical and agricultural took with him the sacred fire from the Prytaneium, was some- times appointed by the parent State, no governing powers were delegated to him. Potidsea, to which Colony the Corin- thians sent annually the chief magistrates (JnftiaupyeJ) appears to have been an exception to the general ride. Vide Thucyd. i. 56. * The xXnfnvxi'tt of the age of Pericles were military allot- ments of conquered lands, insignificant, as compai-ed with the aTroiitiai, in area and importance. xxil INTRODUCTION. operations were carried on by slaves, compelled to seek the means of subsistence abroad ; but the Roman Colonies founded during the three centuries from Augustus to Diocletian did not spring, like those of modern States, from the enterprise, discontent, or com- mercial speculations of individuals, but vrere invariably created by the deliberate act of the Imperial Govern- ment. They were garrisons established in subject provinces already acquired by war, strong picquets of veterans thrown out on the outmost borders of the empire, and reinforced from time to time by draughts from the poor and crowded Italian population. " Their bond with Rome was a citizenship, the theory of which was strained beyond the utmost limits compatible with centralisation ; and when the representative principle was nominally introduced, and all the cities in the empii'e were turned into ' Municipia,' and the Roman ' Civitas ' conferred on the whole Roman world, poHtical rights were a nullity, the free intervention of citizens in govern- ment had already disappeared, and the imperial re- script served only to increase taxation and level the distinctions between citizens and subjects. The pro- vinces were now Romanised, but though they had ceased to be Syrians or Gauls, were not truly Ro- mans : their political, like their social state was a kind of living death, for they were bound, like the victims of the old Etruscan tyrant, to the dead body of the Roman State, and felt their own destinies associated by a mysterious law with a power which they hated, but could not shake off. No motive of influencing INTRODUCTION. xxiii by the institutions, arts, and manners of Rome was mingled with the love of rule in the Roman emperors : order without liberty was the highest aim of then- administration. " No indifference was shown to such wants or re- monstrances of the provinces as did not interfere with the policy of an enhghtened despotism. That the ' dignity of governing depends on the dignity of the governed' was a maxim as little regarded by the ancient conquerors of Europe as it has hitherto been by the modern conquerors of India, but, in either case, the civil liberty of -the subject has been ade- quately secured. The administration of the Roman provinces was vested in a succession of functionaries delegated directly by the central Government. Pour 'prefectures' under praetorian prefects, two of the East, two of the West, comprised the whole empire. Each prefecture was subdivided into ' dioceses' ruled by 'vice prefects;' each diocese into provinces go- verned by ' consulares,' ' correctores,' or ' prsesides.' Under the name of ' Decuriones,' the ancient nobles of the Gaulish States remained in office with sena- torial functions. An enormous staff of ministers and officials formed the estabUshment of the prefect or governorj and discharged all responsible functions. Petty native rulers, as the tetrarchs of Judaea, were sometimes permitted to retain their former titles under the supremacy of Rome. The final decision of every question of importance was referred to the imperial representatives, subject to an appeal to the emperor. In their hands \\'ere placed all those powers which Xxiv INTRODUCTION. the wisdom of modern statesmanship has confided to separate and independent departments — the executive, the judicial, and the legislative — ^for ^without their sanctipn, the resolutions of municipal or provincial assembUes had no efficacy. In short, the pohtical existence of the provinces was concentrated in that of the Roman Commonwealth, and the whole power of the Roman Commonwealth was swayed by the em- peror. " There cannot be a more melancholy proof that the Imperial Colonies were inefficient for all those great ends for which human society was designed, than the fact that so long as they remained under the Romans, they have no history. It is not only that, in the ge- neral decHne of literature, events which, in happier times, would have been recorded, passed by unheeded, but there was no development, no progress, no move- ment, in their population ; they were only maintained by new relays of inhabitants from Italy, and had no aspirations beyond their existing state. We that have seen a body of Colonists less numerous than they, and placed in circumstances which taxed phy- sical energy to the uttermost, rise in one century from infancy to maturity, and before the close of another launch into a splendid career of prosperity and power, may well marvel at the immobihty of these bands of free emigrants. "But the Ufe of Roman Colonies is a blank. United to each other and to Rome by a common language, and long protected from the evils of war by submis- sion to a common superior, they exhibited, in the INTRODUCTION. xxv com-se of centuries, not only no amelioration, but even a tendency to impoverishment, and an increase of social inequality. " A like dearth of contemporary history bars all in- quiry into the social state — the every-day life of the Colonial citizens. All is left to uncertain inference from the nature of their, institutions, and the material evidences of their tastes and habits. From these it would appear that, under a brilliant but hollow sur- face, the state of society was scarcely less monotonous than that which lingered on beneath the tedious line of Indian or Egyptian dynasties. " It was for the supposed advantage of Rome, that the Colonies existed at all, and when she fell, they all fell also. There Avas ho fellowship between the Ro- man Colonies, but the sad fellowship of simultaneous destruction." * But when the power of Rome had passed away, Colonisa- Italy was destined to become once more the centre of jj°^°j°^'''^® a brief but brilliant dominion. The republics of the Jspublics, "^ Venice, middle ages reproduced, under more hopeful and less Genoa. arbitrary auspices, a system to the ephemeral charac- ter of which the world already bore witness, in the fallen commercial emporia of extinct Carthage. The Colonies of Genoa, in the thirteenth century, at Galata * The paragraphs with quotation marks are extracted from an able unpublished Essay on Eoman Colonisation by G. C. Brodrick, Esq., to which the Arnold Prize was awai-ded at Oxford, in 1855. The chief authorities thereia cited are Savigny, also Zumpt, " De Coloniis Militaribus Eoman- orum," and Heyne, " De Eomanorum Prudentia in Coloniis regendis." XXVI INTEODUOTION. and Kaffa, in the Crimea, and those of Venice, at Candia, Cyprus, on the coasts of Syria, and on the shores of the Black Sea and the Adriatic, were simply plantations for trade and adventure. In speaking of the individual Venetian's motive in colonising in lUyria or Greece, M. Sismondi says, " H y venoit pour fau'e sa fortune ; des quelle Qtoit faite, il se hatoit de I'emporter aiUeurs." * How precisely do these words define the objects ordinarily contemplated by a large class of British emigrants in that temporary self- exile, which is called colonisation ! A distinguished English writer,! in summing up the advantages de- rived by Great Britain from her Colonies, awards a prominant importance to " the facilities they give to British adventurers, for making fortunes vdth which they may return to their native land;" and it was^ doubtless the wealth vydthdrawn from her Eastern Colonies, which decorated the ruined palaces of Venice, now the melancholy monviments of her fallen fortunes. But though the moral to be drawn from Venetian colonisation, and its results, was rather one of warn- ing than of encouragement to those nations which might thereafter aspire to a similar dominion, the Italian republics of the middle ages have nevertheless found close imitators among the colonising powers of modern Europe. The first and natural effect of that romantic enter- prise which shed so bright a lustre on the closing * Tome X. p. 263. f McCulloch. INTRODUCTION. xxvii years of the fifteenth century, and heralded the dawn of modern colonisation, was to transfer for a time the site of commerce from the shores of the Mediter- ranean to the western coasts of Europe. Without any consideration of the true value and proper use of Colonies, the first and prevalent idea in modern Eu- rope, in the occupation of the Eastern and Western Indies, was in favour of an absolute possession, and total exclusion of strangers. " The propagation of Christianity," says Heeren, "formed a convenient pretext," and none thought of inquiring either into the justice of their treatment, or the principles of their government. The pursuit of national wealth, which a monopoly of the precious metals was expected to confer, furnished, indeed, a new and distinct motive to the Spanish and Portuguese Colonists of South America, but it did not materially affect their political condition. The Colonial enterprise of modern Europe received Portu- its first impulse from the maritime energies of the bnisation. Portuguese, who, long before the close of the fifteenth century, had organised a chain of fortresses and facto- ries on the coasts of India and Africa, and in the Eastern Archipelago, and had laid the foundations of that power which was soon to embrace so large a portion of theSouth American continent. Eour lead- ing features are marked by Heeren as characterising the administration of the dependencies of Portugal : — 1, the grant of personal monopolies to civil officers; 2, the restricted powers and constant change (trien- nially) of viceroys ; 3, the partial administration of justice; 4, the overwhelming power of the clergy. xxvm INTRODUCTION. Under such conditions the authority of the parent State could scarcely be expected to endure the shocks of constant collisions with distant Colonies possessing within themselves aU the material elements of inde- pendence. And now, when the Azores and Madeira, Angola and Mozambique, with an Indian and Chinese factory, and a few African slave depots, complete the Colonial roll of Portugal,* it is difficult to realise the fact that there was an age when less than 40,000 armed Portuguese kept the whole coast of the ocean in awe from China to Morocco, when 150 sovereign princes paid tribute to the treasury of Lisbon. Spanish The constitution of the Spanish Colonies was tion.'^^^^ fashioned upon that of the mother country. The supreme authority was vested in a Council resident in Madrid, and dependent solely on the king ; this was termed Consejo realy supremo Se Indias, and had under it a board for the regulation of commerce, entitled Audienzia real de la Contratacion, which was held in Seville ; and thus a more settled system of Colonial policy was established than any other nation had ever founded. In the New World itself viceroys {pirreyes) were appointed to represent the monarch, but the distribu- tion of justice was confined to the Audienzias, which acted as supreme local tribunals, and at the same time as State Councils to the viceroys. The towns elected their own cabildos, or municipal officers. All com- mercial traffic between the Colonies and the parent * The Portuguese Colonies are now under the Depai-tment of the Marine Minister, and a Council. Tide p. 389. INTRODUCTION. xxix State, except from Seville or Cadiz in Spain, to Vera Cruz and Carthagena in America, was prohibited. But, however arbitrary the political and commercial relations which bound the Colonies to the mother country, those of religion were far more powerful. AU the external apparatus of Christianity, her hierarchy, her cloisters, nay, very shortly, her Inquisition, were transported across the Atlantic, and thus an ecclesias- tical constitution was formed coeval and interwoven with the State, but, like the State, dependent on the king of Spain, not on the Pope of Rome. The results of this system have been such as might have been anticipated from the vain attempt to retain communi- ties of intelligent men in a state of " perpetual mino- rity." The Spanish dominion on the American con- tinent, which began with the sixteenth century and extended over a period of two hundred years, once comprised Mexico, Guatemala, and the territory of Terra Pirma, now subdivided into the independent States of New Grenada, Venezuela, and Ecuador ; also Peru, ChUi, and La Plata, now forming the two States of Paraguay and Banda Oriental. This vast area is now absolutely independent of the parent State. The only remaining Colonies of Spain are Cuba, Portorico, the PhiHppines, and a few unimportant Settlements on the coast of Africa.* It was not untU Portugal and Spain had attained Dutch and passed the zenith of their power, that the Dutch tion. Repubhc, which had already succeeded in obtaining possession of the commerce of the world, converted * Under the Department of Foreign Affairs. Vide p. 389. XXX INTRODUCTION. her factories into Colonies witli all the apparatus and organisation of central and local government. Before the close of the seventeenth century, Holland numbered among her Colonies, Ceylon, the Cape of Good Hope, Guiana, several islands of the Antilles, five distinct Governments under a trading company in the Indian Archipelago, and factories on the Coromandel and Malabar coasts, and in China and Japan. The chief remaining Dependencies of this once ex- tended empire are, Surinam, Curacoa, St. Eustatius, and certain Settlements in Sumatra, Java, and the Moluccas.* French France forms no exception to the catalogue of tioD. European nations whose colonial policy, when tried by the test of endurance, is found wanting. The Co- lonies of Erance embraced, a century ago, half the North American continent, comprising the vast and fertile valleys of the St. Lawrence, the Mississippi, and the Ohio. A French empire in the East which Richelieu had attempted to found, had also grown up under the more successful auspices of Colbert, and included not only Mauritius and Bourbon, but a considerable territory on the continent of India. The only surviving Colonies of Prance, besides the com- paratively recent acquisitions of New Caledonia and Algiers, are Martinique, Guadaloupe, Bourbon, and a few of the smaller Antilles, a dismantled fortress in Hindostan, and an almost deserted depot in Mada- * The existing Colonies of Holland and France are fully enumerated, infra, p. 388. INTRODUCTION. xxxi gascar.* The Colonial dominion which the genius of Colbert could originate demanded even a more pow- erful hand than his to maintain and to perpetuate. To those who would justify the past, and advocate a perseverance in the present, Colonial policy of Eng- land, the analogies furnished by the records of colo- ,nising States are indeed disheartening ; and if there be nothing exceptional and peculiar in the relations subsisting between Great Britain and her Colonies, on which a distinction can be founded between our- selves and those States whose examples have been quoted, the arguments of those who would iu"ge an immediate severance of an union so irksome and un- profitable to all parties concerned would be absolutely irresistible. Great Britain alone, among the seven States of British modern Europe which have, at various periods and tjo^"^'^*' with various success, attempted the occupation and government of distant dominions, still retains a large portion of her Colonial Empire. In its material features, the policy on which it was originally founded differed but little from that of other European States. The causes which have contributed to its longer duration, its wider expansion, and to the present co- hesion of its scattered elements, it may be important to investigate; and a necessary preliminary to this inquiry will be a brief historical recapitulation of the leading events M'hich have marked the rise and * Nosibe appears, from recent accounts, to have attained to some degree of commercial activity. • xxxii INTRODUCTION. progress of British Colonisation. Its earliest annals present a series of spirited but abortive efforts under- taken by private individuals, with no more substan- tial encouragement than the vague omnipotence con- ferred on the adventurers by Royal Charters. The North-American coasts were first explored under two Commissions from King Henry VII., dated March 5, 1496, and February 3, 1498, respectively, granted to Giovanni Gaboto, a Venetian, resident at Bristol. Similar Commissions, for the same purpose, were subsequently granted by the same monarch to Asshehurst, Elliott, and others, dated March 19, 1501, and December 9, 1502. No political conse- quences resulted from these discoveries. The first recorded act of the British Government with a view to Colonial enterprise, which, notwith- standing the failure of the fu-st adventurers, led even- tually to permanent results, was the Charter granted by Queen Elizabeth to Sir Humphry Gilbert, of Compton, in Devonshire. By letters patent, dated June 11, 1578, the grantee is authorised " to discover and take possession of all remote and barbarous lands unoccupied by any Christian prince or people ; and the full right of property in the soil of those coun- tries whereof he shall take possession, is vested in him, his heirs, and assigns for ever ; one-fifth part of the gold or silver ore found there being reserved to the Crown of England. Complete jurisdictions and royalties, as well marine as other, within the said lands and seas thereto adjoining, are conferred on the said Humphry Gilbert, his heirs and assigns; also INTRODUCTION. xxxiii full power to convict, punish, pardon, govern, and rule by their good discretion and policy, as well in causes capital or criminal as civil, all persons who shall from time to time settle within the said coun- tries, according to such statutes, laws, and ordinances as should be by him, his heirs and assigns, devised and established for their better government : provided that all who settled there should have and enjoy all the privileges of free citizens and natives of England, any law, custom, or usage to the contrary notwith- standing." No Colony was ever planted in pursuance of this Charter; and though Sir Humphry Gilbert took formal possession of Newfoundland in the name of his Sovereign, that right was not practically asserted during her reign. Sir Walter Raleigh's two attempts, in 1584 and 1587, to establish a Colony in Virginia, under the same royal sanction, were as unsuccessful as had been those of his half-brother; and when James I. succeeded to the throne of England, in 1603, there was not a single Englishman settled in America,* and the only Dependencies of the British Crown at that time were the Channel Islands, which had formed part of the Duchy of Normandy, and the Isle of Man, over which the royal authority was then very slightly exercised. The restoration of peace abroad, and the revival of religious intolerance at home, were the two chief causes which combined to render the period of the * Vide Bobertson's Works, vol. ii. p. 192. c xxxiv INTRODTJOTIOlir. accession of the House of Stuart to the throne of Great Britain an era most favourable for the early rise of that Colonial Empire which, in the course of two centuries, was destined to embrace so large a portion of the world. With the seventeenth century, British Colonisation began in earnest. In 1606, a party of British ad- venturers planted a cross on the future site of James Town, in Barbados, with the inscription, " James, king of England, and of this island." In 1606, Charters were granted by the same monarch to the two English companies which colonised Virginia and New England.* In 1612, the London East India Company, which had received its Charter twelve years previously, and had already commenced its mercantile operations, established its first important factory at Surat. In 1619, the first Colonial Representative Assembly was convened at the Bermudas. In 1631, the first British, Settlement in West Africa was established on the Gambia. The colonisation of the Lesser Antilles, Antigua, Nevis, Montserrat, the Virgin Islands, and the Bahamas took place during the reign of Charles I., and Jamaica was wrested from Spain by the forces of Cromwell in 1655. By the Navigation Act, in 1660, the importance of the Colonies to the parent State was first formally recognised by the Imperial Legislature. ,In the last forty years of the seven- teenth century still further advances were made. The * Vide Lucas's Collection of Ancient Colonial Charters. INTRODUCTION, XXXV continued political and religious ferment under Charles II. and James II. favoured the spirit of colo- nisation. The whole hne of the eastern coast of North America, from Canada to Georgia, was, during this period, annexed to the British dominions in sepa- rate provinces under free constitutions ; and by a com- pact with Spain, in 1670, the sovereignty of England over her American possessions was expressly recog- nised. Before the year 1700, there existed at Bombay, Fort William, and Fort St. George, the germs of the three great Presidencies of British India, which, in 1702, were further developed by the consolidation of the two then existing Companies under their present style of the " United Company of Merchants trading to the East Indies." By the Peace of Utrecht, in 1713, England ac- quired, by cession from France, Newfoundland, Nova Scotia, and the island of St. Christopher's, also the recognition of the rights of the Hudson's Bay Com- pany, chartered by Charles II. forty years before. By the same peace, England acquired from Spain, Gibraltar and Minorca, and the right, under the Assiento Contract, of supplying Spanish America with slaves, and of attending the fair at Porto Bello. In 1750, the British forts and settlements on the Gold Coast, in West Africa, were established. By the peace concluded at Paris, February 10, 1763, Canada and Cape Breton, ceded by France, and Flo- rida by Spain, were added to the British Empire on the continent of America ; and at the same time, the c2 XXXVl INTRODUCTION. Prench Antilles, Grenada, St. Vincent, Dominica, and Tobago were formally ceded to Great Britain. By the same treaty, the existing British rights on the Bay of Honduras were retained. In 1771, Prince Edward's Island became a Dependency, under a dis- tinct Government. The stricter enforcement of the monopoly of the Colony trade after the Peace of Paris, to the preju- dice of the contraband trade theretofore carried on with the Prench and Spanish possessions, now caused discontent in the British American Colonies, which were finally provoked into rebellion by Grenville's Stamp Act, in 1765, and declared their own Inde- pendence, July 4, 1776, and were formally acknow- ledged as a separate Power, under the title of " The Thirteen United States," by the Peace of Versailles, September 3, 1783. In the meantime Clive's conquests in India had obtained for Great Britain, Bengal, Behar, and Orissa. The Carnatic, the province of Benares, Gun- toor, and the district of the Circars in Southern India, were added by the peace concluded with the Mahrattas, May 17, 1782 ; and by that with Prance, November 30 in the same year, all these conquests were confirmed, and exclusive rights of trade to the East India Company secured. In 1784, New Brunswick was constituted a dis- tinct British province in North America. In 1784, a Colony of Africans, formerly the slaves of British American royalists, was settled at Sierra Leone ; and in the same year, the island of Penang, INTRODUCTION, XXXVU in the Straits of Malacca, was added to the territories of British India. In 1788, the AustraUan Settlement in Sydney Cove was first planted — ^the germ of four distinct and increasingly important Dependencies now existing on that continent. By the defeat of Tippoo Saib at Seringapatam, in 1799, and by the treaties which followed, British India was further extended in the north to the dis- tricts of AUahabad, Moradabad, BareiUy, Rohilcund, and the Doab ; and in the south to those of Tanjore, Canara, Malabar, and Coimbatoor. By the Peace of Amiens, March 25, 1802, Trini- dad was ceded by Spain, and Ceylon by HoUand, to Great Britain. In 1803, Van Dieman's Land was first colonised; and in the three following years, vast accessions to our Indian Empire were effected ; namely, of the provinces of Delhi and Agra in the north, and of several Mahratta districts in the south. In 1806, the Cape Colony was wrested from Hol- land. By the Peace of Paris, May, 1814, the Ionian Islands were placed under a British Protectorate; Malta, St. Lucia, and Mauritius were confirmed to England; and by a compact with Holland, dated August 13 of the same year, Berbice, Essequibo, and Demerara, now forming the Colony of British Guiana, were ceded to England. In 1817, the Deccan, Nerbudda, and Singapore were added to the British dominion in India; and in 1826, by the treaty which followed the Burmese war, it was ex- XXXVIU rNTRODUCTIOir. tended eastward beyond the Ganges, and to the pro- vinces of ArracEin and Tenasserim. In the same year, a Settlement was estabhshed at Malacca, now included in the subordinate Indian Grovernment, caQed the " Straits Settlen^ents." The present province of Western Australia had its origin in the Settlement on the Swan River in 1829, South Australia in that of Adelaide in 1836, and the present Colony of Victoria in the Settlement of Melbourne, in the following year. New Zealand was included in the limits of the Colony of New South Wales in 1839, and the Falkland Islands were placed under a Resident Governor in 1841. A war, which broke out in 1842, on our Indian frontier, ended in the annexation of Sinde to the ter- ritories of British India. In pursuance of a ireaty with China, signed June 25, 1843, Hong Kong became a British Settlement. Natal, in South Africa, was placed under British government in 1844. The Island of Labuan was ceded by the Sultan of Borneo, by treaty bearing date December 18, 1846. Vancouver's Island was committed to the manage- ment of the Hudson's Bay Company, by Charter dated January 12, 1849, and in the same year the province of Punjaub was added by conquest to the territories of British India. By letters patent, dated December 14, 1850, British Kaffraria was erected into a distinct Colonial Government. Oude was annexed to our Indian possessions inl856. INTEODUCTION. xxxix The rise and progress of the Colonial empire of Great Britain, from the first attempt to plant Colonies in North America, to the last annexation to her do- minions in Hindostan, thus comprise a period of three centuries. In this brief space of time has been consoUdated an empire which has been the simple product of Anglo-Saxon energy, stimulated by every variety of motive, political, commercial, and religious, which can actuate mankind ; — an aggregate of terri- torial atoms, thrown under a single rule by the rough chances of war, or the subtle agencies of diplomacy, or the bold spirit of individual adventure ; — a political museum comprehending specimens of almost all races and aU languages, and fragments of almost every ex- tinct and existing nation of the habitable world. Such is the British Empire at the present day. " A Power to which," an eloquent American statesman has declared that "Rome, in the height of her glory, was not to be compared — a Power which has dotted over the whole surface of the globe with her possessions and military posts — whose morning drum-beat, follow- ing the sun, and keeping company with the hours, circles the earth daily with one continuous and un- broken strain of martial music." Every empire which the world has yet known has manifested at an earlier stage of its existence than Great Britain has yet attained, symptoms of dismem- berment and decay ; and the falling off of subject provinces has been ordinarily the first token of ap- proaching dissolution. Is there any known principle of political life which history permits us to hope wiU xl INTRODUCTIOir. be exceptional and peculiar to that cluster of com- munities •whicli now own the rule of England ? Pa- triotism afforded for a time a bond of union to the Greeks, military despotism to the Romans. Com- mercial ambition gave a motive for national cohesion to the scattered elements which formed the empires of Carthage and of Venice. Christianity, chivalry, and the municipal organisation bequeathed to her northern invaders by expiring Rome, have been the associative or combining elements of that grand ag- gregate, which we call civilisation, in which each and every member of the European States-system has participated, and diffused in turn throughout the dis- tant Dependencies which have been subject to its sway. Causes of Every State of Europe, except Great Britain, has Eesion of^ nevertheless failed in all expedients hitherto attempted cSonkil ^^^ *^^ retention of those Dependencies in pohtical Empire in- alUance with the parent State. The consciousness of Testigated. '^ . our exceptional position, in this respect, may well lead us to inquire into its cause. A comparative review of the past and present po- litical condition of the British Colonies will lead to the conclusion, that it has been by the gradual re- linquishment of those advantages which have been ordinarily presumed to result to dominant countries from the possession of Dependencies, that Great Britain has been enabled to retain, under her nominal dominion, those distant provinces of her empire which would otherwise have long ago asserted their claim to the dignity of independent principalities. That such INTRODUCTION. xli is the correct solution of the otherwise unaccount- able phenomenon presented by the British Empire at the present day, will very clearly appear if we con- trast those advantages which other States, at other times, have secured, or aimed at securing, to them- selves, from their Colonial possessions, with the actual results now accruing to Great Britain, from her politi- cal relations with her present Dependencies. The advantages which have been presumed to re- sult to dominant countries at various times from the possession of Dependencies, may be said to fall exhaustively under the following six leading divi- sions : — 1. The tribute contributed to the support of the parent State in time of peace. 2. The military force contributed for the defence of the parent State in time of war. 3. The wealth contributed to the parent State from the territorial and mineral resources of Depen- dencies. 4. The markets for the manufactures of the parent State provided by Dependencies, and the profits of exclusive commerce with them. 5. The maritime strength conferred on the parent State by an exclusive carrying trade to Dependencies as afPording a nursery for seamen. 6. The reUef to the parent State aflforded by the removal of a redundant or delinquent population to Dependencies by emigration or transportation. Can it be said with truth that any one of the ad- xlii INTRODUCTION. vantages above enumerated are realised by the present Colonial policy of England ? The attempt to levy tribute cost us the loss of the thirteen United States, the Grovemment of which had, indeed, previously been self-supporting, and has of course never been renewed.* With respect to military aid, the recent voluntary offers of certain Colonies of support to the Home Go^ vernment in the war with Russia, are simply evi- dences of loyalty to the British Crown, which would never have been manifested if the practice of exact- ing subsidies from the Colonies had ever formed a part of British policy. The territorial revenues, again, of the British Dependencies, which have never been applied to Imperial purposes, are now, as will hereafter be seen, altogether surrendered to the control of the Local Legislatures in almost all Colonies in which Representative Government exists. The next in order, and most plausible, of the advantages above enume- rated as presumed to result to a dominant country from the retention of Dependencies, are those arising from the profits of exclusive commerce with those Colonies which afibrd markets for the manufactures of the parent State. In its application to Great Britain this class of advantages may be said to be no less obso- lete than those to which we have already alluded. * The Government of British India forms no exception to this statement. The revenue derived from that coimtry has been insufficient, after deducting the disbursements of the East India Company, to cover the costs of its administration. INTRODUCTION. xliii The anticipations of a distinguished writer* on this subject are abeady in a course of rapid and complete fulfilment. " When civilisation shall have made suf- ficient progress to diffuse generally a knowledge of the few and simple considerations which prove the expediency of freedom of trade, and when, conse- quently, independent States shall have abandoned their present anti-commercial pohcy, the possession of Dependencies wiQ no longer produce the advantage in question. The advantage consists in the possession of a specific against the evils arising from an erroneous system of policy. Whenever the errors of the policy shall be generally perceived, and the system shall be exploded, the specific against its evil effects will be valueless. If the Governments of civUised nations could once acquire so much reliance on the enlighten- ment of other civilised nations, as to expect that the latter would allow an unrestricted trade with their own subjects, the motive for the acquisition and possession of Dependencies, which is founded on the assumed folly of all Governments respecting commercial inter- course, would no longer exist." By the abolition, actual or prospective, of differential: duties in favour of Colonial produce, and of all the corresponding restrictions which limited Colonial trade, a state of things has arisen in which the United States or Brazil stand in the selfsame relation to Great Britain in a commercial point of view, with the Colonies of Canada or Jamaica. * Vide Comewall Lewis's " Government of Dependencies," p. 230 (Ed. 1841). ^ xliv INTRODUCTION. The maritime power which it was the assumed object of the Navigation Laws to confer on Great Britain has, indeed, not as yet been affected by their repeal : the change in our commercial policy effected by the Act of 1849, has, however, annihilated the argument for the retention of the British Dependen- cies which was formerly founded on the value of an exclusive Colonial carrying trade as a means of dis- cipUne for our seamen, and of vindicating our mari- time ascendancy. The last of the advantages above mentioned, as presumed to result from the possession of Dependen- cies, was the relief which they afforded to the parent State as receptacles of its redundant and dehnquent population ; in other words, as fields for emigration and transportation. There are those, doubtless, whom the desire to live under laws and institutions trans- planted from their native land impels to choose a Colony as their adopted home ; but the efflux of popu- lation which forms the great and continuous stream of voluntary emigration is guided by impulses in which the preference of an ancestral to any new form of government bears no part. The statistical returns of 1853, a year unprecedented in the annals of Colonial emigration from Great Britain, conclusively prove that, notwithstanding the aid afforded by the Home Go- vernment in applying the land fund of which they have been stewards, in emigration to the Colonies, and the peculiar inducements presented by the recently- developed mineral resources of Australia, the most popular and attractive field for British colonists has INTRODUCTION. xlv been the territory of the United States. The total number of British subjects who emigrated in 1853 to all parts of the world was 300,253 : of these not more than 99,052 went to British Colonies, the re- mainder (201,201) settled in the United States.* As fields for the reception of free immigrants, the De- pendencies cannot then be said to possess any peculiar value which does not also attach to independent coun- tries possessing equal material advantages. What, then, is their present and prospective value as recepta- cles for transported convicts ? The reply to this last question may be said to rest on two contingencies ; 1, on the opinion (already in some instances decidedly expressed) which may finally prevail in the Colonies universally as to the continuance of such an applica- tion of their territories ; 2, on the final decision of the Imperial ParHament with respect to the stiU con- troverted question of secondary punishments. In the meantime, the area of the Dependencies available for the transportation of convicts has been materially diminished by the Orders in Council of June 26, 1851, December 29, 1853, and January, 1854, while by statute 16 and 17 Victoria, cap. 99, the punish- ment itself has been in great measure abohshed.f We have seen, then, that the British Dependencies Qot only contribute nothing towards the revenues of the parent State, but involve the Imperial Parliament in a considerable portion of the cost of their own * In this" calculation are not included 29,684 foreigners ■who passed through England for the same destination, t Vide Chapter vii. ivfra, p. 343. xlvi INTRODUCTION. military defence and civil government. We have seen also, ttat recent fundamental changes in our commercial pohcy have snapped asunder the bonds of mutual interest which once united them •wdth Great Britain, while the changes in our criminal law, and the raised tone of pubhc feeling in our penal Settle- ments, are fast rendering impossible any further attempts at convict Colonisation. To what purpose, then, it may be and has been asked, is this expenditure ? Wherefore, says the poli- tical economist, should the people of this country maintain by self- taxation a costly and remote empire, which contributes in no greater degree to their wealth or power than the independent principalities of the world ? Great Britain (says Adam Smith, writing in 1775) is, perhaps since the world began, the only State which, as it has extended its empire, has only increased its expense without once augmenting its resources." How long, it is said, shall this anomaly continue ? To a question so propounded, it would be a suf- ficient reply that the alternatives of pecuniary loss and gain are not the only or even the primary consi- • derations of enlightened statesmen, and though the affairs of empires may indeed be submitted, like those of husbandmen and manufacturers, to the test of the balance-sheet, it is not by this test alone that great questions of public policy are to be tried or finally decided. Monarchical government is a costly institution, but are we prepared therefore to abandon it ? To succour INTRODUCTION. xlvii and defend with our treasure and our arms feebler nations oppressed by tyranny or endangered by war, is an expensive, and (financially speaking) an unre- munerative process. Are we, therefore, at once to discontinue a policy which, while it has imposed on us enormous burdens, has at the same time given to Great Britain a foremost place among the nations of the world ? The Colonial Empire of England, as at present probable administered, adds three millions sterling to the ^^^s*'^™^ annual costs of the Imperial Government. Let it be Lieut.-Govemors. OEDEES IN COUNCIL EELATING TO GIBEALTAE. . Tear. Orders in Council. 1720 1723 1728 1744 1752 1779 1783 (August 11.) Establishing a court of judicature, and ordering Attorney-General to prepare, draft ac- cordingly. (June 14.) Approving instructions to Governor about Mediterranean passes, -with forms of bond and oath (revoked by Order of September 30, 1825). (December 1 6.) Eeferring to Attorney-General and Board of Trade draft of charter for establishing civil government. (March 29.) Empowering Governor to grant letters of marque. (September iB.) Ordering Admiralty to transmit thither 19th article of Treaty of Utrecht (June 30.) Approving charter for erecting court of criminal jurisdiction. (June 33.) Directing Advocate-General to prepare Commissions authorising Governor of Gibraltar to grant letters of marque and reprisal against Spain. (December 31.) Ordering the Governor to call in the old Mediterranean passes, and issuing others in a new form. GIBRALTAR. 79 Orders in Council. (May 9.) Authorising Governor to grant licences for import and export of goods to and from Spain. (March 16.) Referring to Attorney-General Order respecting duties and fees to be paid on wine and other articles of consumption. (August 3.) Imposing certain duties on ships com- ing to anchor off the port and in the harbour. (September 30.) Eevoking Order of June 14, 1Y23, respecting passes to vessels belonging to residents. (November 20.) Approving the proceedings of the Commissioners for settling the titles to lands, and confirming various grants. (February 5.) Amending and confirming a procla- mation prepared by the Lieutenant-Governor for the regulation of the police. (July 30.) Ordering certain quarantine regulations to be published in the Gazette. (October 12.) Confirming an ordinance made by Lieutenant-Governor respecting the putting in force, within the said garrison, of the laws of England re- lating to bankrupts. (February 4.) For the improvement and more easy collection of the revenue. (April 1.) Authorising the transportation of con- victs from the United Kingdom to Gibraltar. (June 23.) Revising an Order of February 4, 1833, for management and collection of Her Majesty's revenues at Gibraltar, and amending the schedule to an Order of February 6, 1822, relating to the wharf- age dues on exports. (February 1.) For removing doubts as to the Governor's authority to prevent the residence of aliens within the limits of his government. (May 23.) Approving proclamation fixing the rate at which certain gold and silver coins shall pass cur- rent in Gibraltar. (April 26.) Eevoking so much of Order of Sep- tember 3, 1844, as relates to the tender of Mexican and South American doubloons. (November 14.) Approving instructions to the Go- vernor respecting the promulgation of laws and ordi- nances. (February 11.) Empowering the Governor to pur- chase land in the garrison when required for the public service 80 EUROPEAN DEPENDENCIES. Year. 1848 1850 1851 1854 Orders in Council. (October 31.) Amending the regulations in force for collecting the wine duties. (June 19.) Authorising Governor to issue Mediter- ranean passes on certain conditions, and revoking Order of September 30, 1825. (March 7.) Confirming an Ordinance of January, 1851, to amend and consolidate the law relating to bankrupts ; also for the regulation of the wine and spirit trade. (June 25.) Correcting an error in Order of March 7 respecting the wine trade. (April 15.) Prohibiting the exportation of arms, ammunition, and military and naval stores from the town and garrison of Gibraltar. PAELIAMENTAEY EEPOETS, ACCOUNTS, & PAPEES EELATING TO GIBEALTAE. Tear. Sessional Number. Parliamentary Eeports, &c. 1822 1831 1843 1844 1854 1855 651 284/ 68 512 591 130 1611 274/ Eetums of revenue collected at Gibral- tar. Eetum relating to certain offices there. Commercial tariffs and regulations of Gibraltar. Quantities and declared value of British and Irish manufactures and produce ex- ported to Gibraltar. Memorial of merchants at Gibraltar, with correspondence. Eeports of Dr. Baly respecting quaran- tine at Gibraltar. HELIGOLAND. 81 HELIGOLAND. This island, situate about 46 miles from the mouth of the Elbe, in the North Sea, was a Dependency of Denmark till 1807, when it was captured by the British under Admiral Russell. By the Treaty of Paris, in 1814, it was confirmed to Great Britain. The government is committed to a Lieut. -Governor, appointed by the Crown, under whom are local Magistrates. OEDEKS IN COUNCIL EELATING TO HELIGOLAND. A.D. 1809 1811 1818 1813 1843 Orders in Council. (May 31.) For regulating the trade to and from Heligoland. (June IS.) Authorising the Governor to protect British property there from attachments by subjects of Hamburgh. (September 6.) Enabling the Governor to grant li- cences for vessels to trade between that island and the ports between Norden and the Eyder. (April 8.) Extending Order of September 6, 1811, to ports between Norden and Horn Point. (January 26.) Directing Attorney-General to pre- pare Order for removing certain persons from the island. (June 10.) Imposing export duties on manufactures made from foreign materials, otherwise liable to Cus- toms duties on importation into the United King- dom. THE ISLE OF MAN. The Isle of Man, notwithstanding its geographical proximity — ^not more than 35 miles from the British shore — ^yet falls within the definition of a Dependency 82 EUROPEAN DEPENDENCIES. as being the subject of a distinct government.* The island comprises an area of about 220 square miles. Prom the 10th to the 13th century the island was under the dominion of Norway. In 1266 it was ceded by Norway to Alexander, then King of Scot- land, for 5000 marks sterhng. During the 17th century, though the authority of the British Government was exercised there by Orders in Council, the island passed successively into the posses- sion of the Earls of Salisbury, Northumberland, and Derby, tUl 1705, when it descended to the then Duke of Athol, in the possession of whose family it remained till 1765, when arrangements were proposed for ceding it to the Crown of England for £72,000. By statute 45 George III. cap. 123, passed in 1805, one-fourth of the island revenues were reserved to the Duke of Athol, and finally, in pursuance of statute 6 George IV. cap. 34 (passed in.L825), the island, with all its manorial rights and revenues, and patron- ■ age of the See, was, in consideration of a sum of £416,000, awarded by arbiters, for ever ceded to the British Government. The constitution of the Isle of Man comprises three estates — ^the Governor, appointed by and repre- senting the Sovereign ; the Council ; and the House of Keys. The Council consists of the Bishop of the diocese, the Attorney- General, the Receiver- General, the two Deemsters or Chief Justices, the Clerk of the Rolls, the Water-BailiflP or Judge-Admiral, and the two Vicars-General, who are members ex-officio. * Administered through the Home Office. ISLE 01' MAN. 83 The House of Keys consists of 24 principal landed proprietors, who themselves fill up vacancies arising by death or resignation, by presenting two qualified can- didates for selection to the Goyernor, who nominates one. The Governor assembles the House of Keys at his discretion, 13 forming a quorum, and they possess not only legislative but judicial powers as a Court of Appeal. All legislative acts of the House of Keys must be sanctioned by a majority of the Council and by the Governor before they are pre- sented for the royal assent. Detailed information on the laws and constitution of the island will be found in the Abridgment of the Manks Statutes, and the Report of the Commissioners, 1793, and in a book entitled the " Lex Scripta of the Isle of Man," comprehending the ancient ordinances and statute laws from 1423 to 1819.* OEDEES IN COUNCIL EELATING TO THE ISLE OF MAN. A.D. 1624 1663 1722 1724 Orders in Council. (November 24.) Declaring the privileges of the island in the matter of a French ship seized and detained there. (July 15.) Declaring that the Act of general par- don did extend to the island, and ought to have been taken notice of in the case of one W. Christian. (July 19.) Eeferrmg to Attorney-General the com- plaint of bishop and vicars-general against the Go- vernor for imprisoning them. (July 4.) Eeversing the sentence against the bishop and vicars-general on their appeal against the officers of the Earl of Derby. * Published at Douglas, 1819. 84 EUROPEAN DEPENDENCIES. A.D. Orders in Oouncil. 1738 1764 1765 1765 1793 J 808 1812 1814 1817 1819 1833 1836 1830 1833 (November 14.) Calling on the Earl of Derby and his deputy officers to answer the complaint of the House of Keys. (August 3.) Ordering Attorney-General to prepare Orders for executing the laws for preventing illicit trade carried on in the island. (February 26.) Ordering copies of records in council-books relative to the island to be made, and clerk to attend House of Commons with the same. (June 19.) Approving report of Committee relative to the taking possession of the island by the Govern- ment, and directing a proclamation, with commission and instructions, to John Wood, Esq , as Governor, to be prepared. (July 6.) Approving Commission of the Duke of Athol as Governor there. (May 14.) Permitting foreign goods to be imported thither from Guernsey under licences from the Com- missioners of Customs. (September 29.) Authorising Messrs. Boulton and Watt to coin £1000 in pence for circulation in the island. (March 7.) Confirming two Acts passed in the island relative to insolvent debtors. (July 1.) Confirming two Acts passed in the island : 1. For altering the criminal law; 3. For preventing the circulation of promissory notes. (February 1.) Confirming an Act passed in the is- land to prevent the recovery of tippling debts. (December 3.) Confirming an Act for the better making and repairing of roads and bridges. (April 3.) Confirming an Act to prevent the brew- ing of beer from sugar and molasses. (July 37.) Confirming an Act respecting the ap- pointment of attorneys, and their fees. (November 20.) Confirming two Acts : 1. For pre- venting tumults and riotous assemblies ; 2. For ap- pointment of magistrates. (July 3.) Eeferring to Committee letter from Sir K. Peel, inclosing an Act of the island respecting pre- servation of game there. (March 14.) Confirming two Acts: 1. Respecting the granting leases of mines ; 3. Respecting a new parish church in the parish of Kirkchrist. ISLE OF MAN. 85 Orders in Council. (May 30.) Confirming Acts : 1. For the amendment of the criminal law ; 3. For regulating the sale and purchase of articles by weight ; 3. For better regu- lating of juries. (January 24.) Confirming Acts: 1. For supplying the town of Douglas wilJb. water; (2) for building church at Kirk Michael. (April 23.) Confirming Act relating to mort- gages. (July 15.) Confirming two Acts relating to fish and game. (September 11.) Confirming Act for lighting town of Douglas with gas. (Februar)'- 23.) Confirming Act rendering written memorandums necessary to the validity of certain engagements. (April 28.) Confirming three Acts : 1. For extend- ing powers of magistrates ; 2. For punishing plun- derers of wrecked vessels ; 3. For preventing tumul- tuous and riotous assemblies. (March 1.) Confirming three Acts : 1. For commu- tation of tithes in the island ; .2. For a new church in St. Andrew's parish; 3. For amending an Act respecting church at Kirk Michael. (April 10.) Confirming Act for suppression of lotte- ries. (April 10.)- Ordering issue of copper coinage for the island. (January 3.) Confirming two Acts : 1. For assimi- lating currency of the island to that of Great Bri- tain ; 2. Respecting weights and measures and sale of bread. (December 10.) Authorising Bishop of Sodor and Man to distribute, according to his judgment, a cha- rity paid by the Crown under letters patent from Charles II. (October 2.) Confirming an Act for ascertaining and defining certain rights of ecclesiastical persons, parish clerks, and schoolmasters. (August 1 .) Confirming an Act abolishing distinc- tions in the law of arrest as affecting persons bom off the island. (September 26.) Confirming three Acts: 1. Re- specting the printing of newspapers ; 2. Respecting 86 EUROPEAN DEPENDENCIES. A.D. Orders in Council. 1847 1848 1849 defamatory words and libels ; 3. Eegulating gaol in Oastle-Euthen. (February 4.) Confirming an Act for appointing an incumbent to vicarage of Braddon. (July 33.) Confirming Act of March 16, 1846, re- specting the security to be given by parties appeal- ing at common law. (August 10.) Confirming Act of July 8, 1847, re- specting the registration of deeds, conveyances, and wills. (June 37.) Confirming an Act of March 10, 1848, amending the law relative to bail, actions ojf debt, and insolvent debtors. (August 11.) Confirming three Acts : 1. For regis- tering deeds, &c. ; 3. For selling trust estate in Braddon ; 3. For providing burial-groimd at Braddon. (February 13.) Confirming three Acts : 1. Eespect- ing solemnization of marriages, &c. ; 3. Eespecting registration of births and marriages of Dissenters; 8. Eespecting custody of insane persons. (May 1.) Disallowing an Act of August 10, 1847, "to abolish the punishment of death in certain cases." (November 6.) Confirming two Acts of July 5, 1849: 1. To allow Quakers to make declaration in lieu of oath ; 3. Amending Act compelling appellants in certain cases to give secm-ity. (August 14.) Confirming Act of July 5, 1849, for improvement of pai-ochial and other schools. (Mai'ch 7.) Confirming five Acts: 1. For more effectual draining of land ; 3. To incorporate Bank of Mona; 8. For prevention of contagious diseases; 4. Eespecting weights and measures, and sale of bread; 5. To regulate affiliation of bastards. (June 25.) Confirming Act of April 10, 1851, amending law relating to commons and turbaries. (August 7.) Confirming an Act of April 30, 1851, partly repealing an Act of 1758 respecting the worry- ing of sheep. (January ]0.) Confirming an Act of December 11, 1851, to prevent practice of inoculation. (June 15.) Confirming four Acts of May 25', 1852 : 1. To abolish punishment of death in certain cases; 3. To regulate wife's interest in husband's estate; 1850 1851 1853 ISLE OP MAN. * 78 A.D. 1853 Orders in Council. 3. For punishing drivers of stage coaches; 4. For regulating coroners' inquests. (October 16.) Confirming an Act to prevent cruel and improper treatment of animals. ACTS OF THE IMPEEIAL PAELIAMENT KELATIVE TO THE ISLE OF MAN. Eoyal Assent. 1735 1805 1835 1839 1835 1838 1840 1844 Acts of Parliament. 12 Geo. I. cap. 98 (ss. 25-6). — For empowering the Treasury to treat on behalf of the Crown for the pur- chase of the Isle of Man. (July 12.) 14 Geo. III. cap. 123.— An Act for settling and securing a certain annuity out of the revenues of the island on John, Duke of Athol, and the heirs general of the seventh Earl of Derby. (June 10.) 6 Geo. IV. cap. 34. — An Act to em- power the Commissioners of His Majesty's Treasury to purchase a certain annuity in respect of duties of Customs levied in the Isle of Man, and any reserved sovereign rights there belonging to John, Duke of Athol. (June 19.) 10 Geo. IV. cap. 50.— An Act for ex- tending certain provisions relative to the land reve- nue of the Crown to the Isle of Man. (August 21.) 5 & 6 Wm. IV. cap. 33.— An Act to extend the provisions of the Friendly Societies Acts to the Isle of Man (amended by 3 & 4 Vict. cap. 110). (July 4.) 1 & 3 Vict. cap. 30. — An Act for continu- ing the bishopric of Sodor and Man. (August 7.) 3 & 4 Vict. cap. 63. — An Act to extend the powers of the Commissioners appointed to exe- cute two Acts for supporting the several harbours and seaports in the Isle of Man. (July 19.) 7 & 8 Vict. cap. 43. — ^An Act to amend the laws relating to the Customs in the Isle of Man. 88 EUROPEAN DEPENDENCIES. Eoyal Assent. Acts of Parliament. 1845 1846 1848 (August 4.) 8 & 9 Vict. cap. 94. — An Act for regu- lating the trade of the Isle of Man. (August 7.) 9 & 10 Vict. cap. 46. — An Act to con- tinue till December 31, 1851, statutes 4 & 5 Vict, cap. 30, for authorising a survey of the Isle of Man. (September 4.) 11 & 12 Vict. cap. 117.— An Act for rendering certain newspapers published in the island liable to postage. PARLIAMENTAEY EEPOETS, ACCOUNTS, AND PAPERS RELATING TO THE ISLE OF MAN. Tear. 1805 1893 1843 1845 1846 1847 1853 Sessional Number. 89 139 159) 160 J 477 498 351 891 S6J 48 383 Parliamentary Seports, &c. Amount of duties on imports and ex- ports. Reports on petitions of the Duke of Athol relative to the island. Accounts of revenues and expenditure. Civil establishment of the island. Produce of Customs, and expense of the establishment. Receipt and expenditure of the island in the years 1840, 1841, and 1842, show- ing the various soui'ces whence derived and purposes to which applied ; also ap- propriation of surplus revenues. Orders of Treasury admitting articles to be imported into the island duty free. Returns relating to the state of the is- land, its judicial establishments, govern- ment, trade, imports, and exports. Returns of the gross Customs revenue of the island in each year from 1804 to 1851, and of the gross expenditure in 1851 ; of the gross receipts of the Woods and Forests of the island in each year from 1887 to ISLE OF- MAN. 89 Tear. Sessional Kumher. Parliamentary Reports, &c. 1853 501 605 746 847 977 1851, and of the Post Office from 1843 to 1851 ; and correspondence between the Governor and the Secretary of State for the Home Department on other matters re- lating to tiie island. Accounts of the island from 1805 to 1853, and of moneys voted for public works there from 1841 to 1851. Memorial relating to Customs duties in the island. Treasury minute respecting Customs duties in the island. Eeply to deputies from the House of Keys on Customs duties in the island. Eetum respecting lighthouses on the island. CHANNEL ISLANDS. Jersey, Guernsey, Alderney, and Sercq (with the islets called Herm, Jethou, Le Marchant, and the Caskets). These islands, having formed part of the territories of the Dukedom of Normandy, were retained by England when the continental possessions of the Duchy were relinquished, and were, in 1108, formally annexed, by King Henry L, to the British Crown, under the dominion of which they have since re- mained. The laws which govern these islands are the ancient customs of Normandy, as contained in "Le Grand Coutumier," or in "La Somme de Mancel," muni- cipal and local usages. Ordinances made by the Sove- reigns of England, or by Royal Commissioners, and 90 EUROPEAN D-EPENDENCIES. Orders in Council. The earliest exercise of royal autho- rity over the Anglo-Norman isles, in the Records of the Council Office, is an Order, dated Nov. 12, 1404, declaring the will of King Henry IV. that the in- habitants of the islands should not acknowledge the authority of the Admiral of France. Acts- of the Imperial Parliament intended to aflfect the Channel Islands must either expressly name them or be formally registered and published there by the Royal Courts, which are the Civil and Criminal Tri- bunals of the islands, erected by Royal Charter in the reign of King John — there being one Court in Jersey and another in Guernsey, with jurisdiction over Alderney, Sercq, and its smaller Dependencies. A Bailiff, appointed by the Crown, presides over each Court, and 12 jurats or judges, elected in Jersey by the people, in Guernsey by an electoral body called the " States of Election," the constitution of which will hereafter be more particularly described. The chief officers of these Courts are, in Jersey, the Vi- comte, Procureur de Roi, Advocate and Greffier ; in Guernsey, the Prevost or Sheriff and the Controller. From these Courts an appeal lies to Her Majesty in all civil causes affecting property exceeding the value of 300 livres tournois. Trial by jiu-y in criminal cases was established in Jersey in pursuance of an Order in Council, dated June 3, 1791 ; seven out of twelve jurors having the power to convict, with an appeal to a grand inquest of twenty-four, five of whom have power to acquit. In Guernsey, trial by jury does not exist. CHANNEL ISLANDS. 91 The Channel Islands have been at various times the subject of dispute between England and France, in the reigns of the 1st, 3rd, 4th, and 6th Edwards, also of Charles II. and George III. By an Order in Council of, March 11, 1568, the islands were placed, in ecclesiastical matters, under the See of Winchester. The basis of their Civil Constitution has, notwith- standing certain modifications, remained unchanged,* though the institutions and laws of the islands diflfer in some respects, as will appear from the following brief account of each. JERSEY. The government of Jersey is administered by a Lieutenant-Governor, usually a mihtary officer, ap- pointed by the Crown, and a legislative body, called the " States," of 36 members (comprising the 12 Judges, who are elected, for life, by all heads of families in Jersey being ratepayers). The 13 Rectors of the 12 parishes of the island, nominated (with the exception of the Dean) by the Lieutenant-Governor, are also hfe legislators ; and these, together with the 12 Constables of the 12 parishes, elected triennially by the people, form the " States," to which the Lieu- tenant-Governor and the Baihff or President of the Royal Court, the Vicomte, and the law ofiicers also belong — the last mentioned having seats but not votes * Official Correspondence now passes through the Home Office. 92 EUROPEAN DEPENDENCIES. in the Assembly. The " States " cannot be convened without the assent of the Lieutenant-Governor, who has a veto on all its deliberations. All Acts of the States must receive the royal assent within three years in order to make them permanent laws. The Bailiff and the Vicomte (whose functions cor- respond with those of the Prevost or Sheriff in Guern- sey) are appointed by the Crown. GUERNSEY. The government of Guernsey, as modified by a Projet de Loi passed by the States, June 9, 1843, and confirmed by Her Majesty in Council, Dec. 13, 1844, is committed to a Lieutenant-Governor (usually a Major-General in the Army) and appointed by the Crown. There is also a body called the " Assembly of the States," consisting of 310 members, namely, the eight Rectors of the ten parishes of the island, two Constables from each parish, and 180 douzainiers or parish officers from the whole. The Bailiff and Pro- cureur, both appointed by the Crown, have also seats in this Assembly, which is commonly called the "Elective States," and is convened for the purpose of electing the Jurats and other ofiicers of a more limited Assembly of 37 members, called " The States of Deliberation," by which the finances and general affairs of the island are administered. This body in- cludes the Bailiff as President, the Procureur, eight Rectors, 12 Jurats or Judges, and 15 Deputies from the town and country douzaines. The States of De- CHANNEL ISLANDS. 93 liberation, or " Administrative States," are convened by the Bailiff whenever he sees fit ; but on the requi- sition of six members, he is bound to call a meeting. The Bailiff acts as President both of the States and of the Royal Court, in which the 12 Jurats act as judges. The Bailiff is appointed by the Crown. The oiBce of Governor, which had been a sinecure, was abolished in 1835, and a portion of its emolu- ments applied to augment the stipends of the clergy, the law officers, and in aid of schools in the island. The Lieutenant-Governor, as the chief functionary, now receives about £1400 a year, and the Bailiff £300, from the insular Crown revenues, and his fees of office. There are local corporations in Guernsey, called Central Douzaines. Aldeenet is a Dependency of Guernsey, but has a little Parhament of its own, consisting of six Jurats, elected by the ratepayers, and 12 Douzainiers, also elected by the people. There is also a Judge there. Seucq is also a Dependency of Guernsey, but has a constitution, with powers to make local enactments, consisting of the Seigneur and an Assembly of 40 tenants, over whom, at their meetings, held three times a year, the Seneschal, nominated by the Seigneur, presides. The Assembly have power to elect the island police officers. As regards all mili- tary and ecclesiastical affairs, and criminal jurisdic- tion, Sercq is under the authority of Guernsey. Herm, Jethou, Le Marchant, and the Caskets are small islets with only a few poor inhabitants, and imder the government of Guernsey. 94 EUROPEAN DEPENDENCIES. OEDERS IN COUNCIL EELATING TO THE CHANNEL ISLANDS. A.D. 1404 1405 1437 1543 1557 1613 1616 1618 1619 1621 1626 Orders in Council. (November 12.) Approving instructions to be sent to the Ambassadors sent to Pieardy to treat with the French, and declaring the will of King Henry IV., that the inhabitants of the islands should not acknowledge the authority of the Admiral of France. (May .J Confirming the appointment of Sir Thomas Piewor th and Sir John Lisle to the govern- ment of these islands. (April 9^ For granting the islands to Humphry, Duke of Gloucester, and his heirs. (June 13.) Directing the Lord Chancellor to cause to be searched all indentures passed between the King and his progenitors and the Captains of these Islands. (March 15.) Declaring that Her Majesty Queen Mary shall not be at the charge of sending men for defence of the island of Jersey. (June 11.) Concerning the sale of ships, and the customs of Normandy regarding that matter in Jersey. (November 4.) Orders relative to the ecclesiastical affairs of the islands. (March 13.) Instructing Sir Edward Conway and another to inquire into the state of the island, and to survey fortifications of Jersey. (June 15.) For the better government of the island of Jersey, martial and civil, maintenance of harbour, &c. (March 19.) Approving order to Governor, Bay- liffe, and States for settlement of ecclesiastical affairs there. (July 2.) Approving Ordinances for the civil and military government of Jersey, and imposmg tax on retail sale of wine, &c. (December 10.) Ordering collection inAldemeyfor the expense of erecting harbour there. (December 23.) For better guarding the island of Guernsey. (December 16.) Ordering militia of the coanties of Dorset, Hants, and Wilts to garrison the islands CHANNEL ISLANDS. 95 Orders in Council in case of necessity, and for permitting the importa- tion of coals, leather, and wool. (July 23.) Orders for raising and victualling certain troops, to be levied for service in the islands, to be armed from stores there, the deficiency to be made up from England. (December 94.) Ordering the island of Jersey to be guarded against foreign invasion. (June 19.) Ordering repair of fortifications of Jer- sey, and giving power to impress workmen and labourers. (May 24.) Ordering arms to be sent to Guernsey. (September 13.) Ordering Earl of Danby to pro- ceed forthwith to his government at Guernsey. (December 36.) For suppressing traffic carried on in the Channel Islands with the Irish rebels. (March 13.) For establishing a system of jurisdic- tion in the islands. (March 90.) Approving certain resolutions for esta- blishment of future government there. (August 13.) Ordering Attorney- General to prepare a form of general pardon to the inhabitants on their acknowledging their " onfayned greife of heart" for having submitted to usurping powers. (August 15.) Ordering Attorney- General to prepare commission to proper persons to report on the state of these islands. (January 29.) Commanding Governor Bayliffe and Jurats to yield obedience to the High Court of Admi- ralty. (August 27.) Ordering an exemplification of the Act of Oblivion to be sent to Jersey. (February Y.) Directing Lord Arlington to com- mand the Bayliffe and Jurats to aid in suppressing unwarrantable proceedings of certain Nonconformists and Dissenters in Guernsey. (May 30.) Commanding the magistrates to send to the Council an account of the laws and customs of the Channel Islands. (May 7.) Declaring that the Committee for Trade and Plantations are likewise a Committee for the affairs of the islands. (August 15.) For registration of the Ai'tieles of War in the Channel Islands. 96 EUROPEAN DEPENDENCIES. A.D. Orders in Council. 1689 (August 8.) Declaring the privileges of the islands (notwithstanding the present suspension thereof) in respect of trade with France. 1731 (March 9.) Ordering Royal Court to answer the petitions of the Clergy against the Bayliflfe and Jurats for refusing them their usual seats in the States. 1739 (November 9.) Ordering Secretary at War to lay before the Committee an account of the forces sent to those islands during the wars in the reigns of King William and Queen Anne. 1769 (March 13 ) Peremptorily ordering Eoyal Court to carry into execution His Majesty's Order in Council of December 16th last, relative to the visiting of ships to prevent illicit trade 1785 (March 9.) Ordering the Governor and authorities immediately to convene the States of Jersey. 1791 (June 3.) Appointing Commissioner to proceed thither with reference to the estabUshment of trial by jury in Jersey. 1794 (July 4.) Confirming an Act of the States of Jer- sey relative to planting trees on the highways and the killing of game. 1796 (February 23.) For relieving persons calling them- selves Methodists from being compelled to attend militia exercise on Sunday. 1798 (November 14.) For the registration of an Act of the past session " For the better protection of the Trade of the Kingdom." 1805 (March 6.) Ordering Eoyal Court of Guernsey to return an answer to the memorial of the Bishop of Winchester touching the interference of the said Court with his ecclesiastical jiurisdiction. (December 6.) For establishing custom-house offi- cers in the islands. 1806 (August 37.) Confirming an Act of the States of Jersey laying an additional duty on wines: 1807 (July 15.) Approving report of Committee respect- ing the number of members necessary to constitute an Assembly of the States. (August 26.) For registering in the islands an Act to make more effectual provision for the prevention of smuggling. 1808 (April 13.) Confirming the sale by M. Le Pelley of a part of the island of Sercq to the Government. ' CHANNEL ISLANDS. 97 Orders in Council. (April 18.) Declaring that it shall be lawful for per- sons belonging to the Jersey militia to elect -whether to attend military instruction and exercise on Sunday or weekday. (May 9.) Declaring that the coin of Great Britain shall be the legal current coin of Jersey, at the rate of £1 sterling for 34 livres of the former French cur- rency. (July 11.) For authorising the sale and exchange of the Crown lands. (May 39.) Approving report on petition of sundry inhabitants of Peter's Port, Guernsey, praying to be allowed the right of naming their own parochial officers. (March 14.) Confirming an Act of the States of Jersey prohibiting the importation of cows, heifers, and bulls. (May 13.) For transmitting to the islands the Act for punishing mutiny and desertion, and for better payment of the army and their quarters. (April 7.) Eeferring to Committee letter from Sir Eobert Peel respecting the holding of elections on Sunday in the paiish churches in Jersey. (June 30.) Appointing a Committee consisting of the whole, or any three members of the Council, for the aflfairs of Jersey and Guernsey. (July 13.) Confirming Act of States of Jersey for regulating the oyster fishery between Jersey and the French coast. (March 3.) Confirming Act of States of Jersey, regulating election of jurats and centeniers. (June 8.) Transmitting to Eoyal Courts, Census Act for registration. (October 13 ) For registering an Act, 3 Geo. IV. cap. 5, relating to the removal of paupers. (March 14.) Confirming two Acts passed by the States of Jersey: — 1. Kegulating the qualifications for certain offices ; 3. Amending the laws relating to decrets. (July 11.) For registering in the islands the Habeas Corpus Act. (October 13.) For registerirg in the islands the Acts 54 Geo. III. cap. 156, and 3 & 3 Will IV. cap 84. 98 EUROPEAN DEPENDENCIES. A.D. Orders in Council. 1833 1834 1835 1836 1837 1838 1889 1840 For registering in the islands the Acts 9 Geo. IV. cap. 93, and 3 Will.'IV. cap. 14, relating to savings' hanks. (January 34.) For enabling Eoyal Court to try persons accused of crimes in vacation as well as in term. (July 15.) Confirming three Acts passed in Jersey in 1833 respecting elections and the reform of the Koyal Court. (July 31.) Confirming an Act of the States in Jersey establishing a Merchant Seaman's Benefit Society. (February 3.) Confirming an Act of the States of Jersey respecting the public library of the island. (February 33.) For registering in Guernsey the Act 1 & 3 Will. IV. cap. 38, relating to the building of churches. (August 10.) Confirming an Act of the States of Jersey for diminishing the expense of proceedings in decrets. (August 31.) Approving Act of States for the abo- Ution of lotteries in Jersey. (December 11.) For carrying into effect certain arrangements for improving prison discipline in Jersey. (February 15.) For registering in the islands sta- tutes 5 & 6 Will. IV. cap. 63, for the abohtion of un- necessary oaths. (September 14.) For registering statutes 1 & 3 Vict. cap. 113, amending laws relating to the Cus- toms. (May 3.) Confirming Act of States of Jersey re- ducing the number of members necessary to form a quorum. (July 31.) Confirming Act of States regulating the forms to be observed in the alienation of lands and other tenements belonging to various ecclesiastical benefices. (January 3.) For registering two Acts, 9 Geo. IV. cap. 33, and 3 & 4 Will. IV. cap. 49, respecting Quakers' and Dissenters' oaths. (May 33.) For registering statutes 3 & 4 Will. IV. cap. 101. (July 13.) Confirming a Projet de Loi of Guernsey CHANNEL ISLANDS. 99 Orders in Council. of February 14, 1840, altering the laws of succession and inheritance. (September 11.) Confirming an Act of the States for issuing a copper coinage for the island of Jersey to amount of £1000. (October 3.) Confirming an Ordinance passed by the States of Guernsey for registration of births, deaths, and marriages. (December 8.) For registering in the islands statute 3 & 4 Vict. cap. 96, regulating postage duties. (August 31.) Confirming the Naturalization Acts Amendment Act passed by the States. (April 27.) Confirming three Acts of the States of Jersey: — 1. For substituting declarations in lieu of oaths; 2. Eegulating wine duties; 3. Eegulating election of vingteniers. (September S4.) For registering in Jersey statutes 3 & 4 Will. IV. cap. 51, and 5 & 6 Vict. cap. 56. (February 1.) Confirming Act of States of Jersey respecting the evidence in criminal prosecutions of the relatives of the accused. (October 2.) Confirming two Acts of States of Jersey: — 1. Eegulating mode of numbering houses at St. Helier's ; 2. Eespecting limitation of criminal . prosecutions. (November 10.) For registering four Acts of the last session of Paa-liament ; namely 6 & 7 Vict. cap. 34, relating to the apprehension of offenders in the Colonies ; cap. 65, relating to the copyright of de- signs; cap. 79, respecting a Convention between Great Britain and France concerning the fi,sheries ; and cap. 84, relating to the Customs. (December 13.) For registering 6 & 7 Vict. cap. 37, respecting the endowments of populous parishes. (May 23.) Confirming three Acts of the States passed March 9, 1844:— 1. For levying fines ad- judged by Eoyal Court; 2. For local purposes at St. Helier's ; 3. For dividmg the Vingtaine du Mont au Pretre into two districts. (October 7.) For registering 7 & 8 Vict. cap. 83, relating to savings' banks. (December 13.) Confinning (with amendments) a Projet de Loi passed by the States of Guernsey, June H 2 100 EUROPEAN DEPENDENCIES. A.D. Orders in Council. 1845 1846 1647 9, 1 843, for making an alteration in the constitution thereof. (January 13.) For registering 5 & 6 Vict. cap. 90, and 6 & 7 Vict. cap. 95, respecting out-pensioners of Chelsea Hospital. (September 18.) For registering 8 & 9 Vict. cap. 69, 84, 85, 86, 87, 89, and 93. (November 20.) Appointing Commissioner to proceed to the Islands to examine into and report on criminal laws now in force there, and the con- stitution of the tribunals charged with their execution. (March 18.) For registering Merchant Seamen's Act, 7 &8 Vict. cap. 112. (July 6.) For registering certain Acts having refe- rence to church matters, to wit : 1 & 2 Vict. cap. 107, 2 & 3 Vict. cap. 49, 3 & 4 Vict. cap. 60, 5 & 6 Vict, cap. 108, and 6 & 7 Vict. cap. 37. Also confirming two Acts of the States of Jersey : 1. Authorising col- lections of wine duties for three years. 2. For con- struction of certain works at St. Helier's Harbour. (October 30.) Confirming Act of States of Jersey, March 7, 1842, for exempting Quakers and Mora- vians from giving evidence on oath. (February 27.) For registering two Acts, 9 & 10 Vict. caps. 100 & 102 respectively, relating to regula- tions of steam navigation, and amendment of Cus- toms laws. (July 22.) Confirming a Naturalisation Act of the States of Jersey, of April 9, 1845. Also confirming a Projet de Loi adopted by the Eoyal Court, January 18, and approved by the States, May 7, for affording relief to lands encumbered with rent-charges in Guernsey. (July 22.) Confirming four Projets de Loi adopted by the Eoyal Court, April 12, and approved by States of Guernsey, May 7, to wit: 1. Eelating to prescrip- tions as applied to claims to personalty. 2. Kegu- lating the form of wills for disposal of personal estate. 3. Eelating to devises of real property. 4. Eelating to the law of guarantee. (August 10.) Authorising the Procureur and Ee- ceiver General of Guernsey to grant leases of the Crown lands, under directions of the Lords of the Treasury. ClIANNBL ISLANDS. 101 Orders in Oouncil. (June 28.) Confirming a Projet de Loi adopted by the Court of Chief Pleas, and approved by the States of Guernsey, July S, 1848, intituled " Loi d'Expro- priation forcee." (August 1 1 .) For granting to the Court of Aldemey criminal jurisdiction in certain cases. (September 5.) Confirming Act of States of Jersey of April 11, 1848, abolishing rentes foncieres, or perpetual mortgages on real property. (October 31.) For registering two Acts 11 & 13 Vict. cap. 49 and 48, respecting the duties of Justices of the Peace out of sessions. (January 15.) Authorising Eoyal Court of Guern- sey to stay inflictions of punishments on notifications from Secretary of State of intended remission of sentence by the Crown. (May 1.) For registering statute 11 & 12 Vict. cap. 105, prohibiting the importation of diseased cattle or sheep. (May 21.) Confirming a Projet de Loi amending the law of evidence in Guernsey. (July 30.) Amending Order of August 10, 1849, in regard to the granting leases of certain Crown lands in Guernsey. (July 30.) For transferring the charge of the for- tifications of Guernsey to the Ordnance depart- ment. (October 6.) For registering the following statutes : 11 & 19 Vict. cap. 81, regulating Steam Shipping ; 19 & 13 Vict. cap. 99, Navigation Act; 19 & 13 Vict, cap. 33, Passengers Act; 19 & 13 Vict. cap. 90, Customs Act. (October 6.) Confirming Projet de Loi, of Guern- sey, authorising Queen's Serjeant to execute civil process in the Island. (January 8.) Peremptorily directing the registi-a- tion of the Habeas Corpus Act, 91 Car. II., cap. 9, as directed by Order of July 11, 1839. (June 19.) Confirming an Ordinance passed by States of Guernsey in February, 1850, intituled "Des Preteurs sur Gages." (June 19.) Approving a Projet de Loi passed by the States of Alderney, October 1, 1849, relative to the marriage of Dissenters thereon. 102 EUROPEAN DBPENPBNCIES. A.D. Orders in Council. 1850 1851 1852 1853 (November 1 3.) For registering in Jersey statutes 13 Vict. cap. 21, and 13 and 14 Vict. cap. 95. (December 12.) Confirming Act of States for im- proving the Administration of Crimiaal Justice by- introducing publicity in certain cases. (May 5.) Confirming an Act of States of Jersey of December 13, 1850, authorising the issue of a copper coinage to the amoimt of £1000 sterling. (July 17.) Confirming Ordinance of Eoyal Court of January 20, 185 1, respecting the ehgibility of Cantonal Douzainiers to the office of Parochial Douzainiers. (March 5.) Confirming Projet de Loi of Eoyal Court, April 28, approved by States of Guernsey, December 23, 1851, intituled " De la Prescription Immobiliere." (April 5.) Confirming an Ordinance passed by Eoyal Court in October, 1851, and approved by States respecting the taking of solemn affirmations. (May 15.) For registering the following Acts : — 10 & 11 Vict. cap. 62, for establishing naval prisons, and prevention of desertion from Her Majesty's navy; and 14 & 15 Vict. cap. 99, to amend the laws of evidence. (June 15.) Confirming a Projet de Loi of Guernsey, intituled, " Des Formalites requises pour les Testa- mens d'Immeubles." (June 30.) For renewing, for five years, the law in- tituled " Loi d'Expropriation forcee." (December 28.) Confirming certain statutes for the government of Elizabeth College, in Guernsey. (January 4.) For regulating the government of Victoria CoUege, in Jersey. (June 13.) Approving report of Committee on an arrangement for attendance of Incumbents of parishes at State meetings. (August 19.) Approving a Projet de Loi for amend- ing the law of evidence in Guernsey. (October 24.) For registering the following statutes of 16 & 17 Vict., namely, cap. 37 : Excise Duties on Spirits Act; cap. 73. Naval Coast Volunteers Act; cap. 107. Customs Consolidation Act. (November 25.) Approving report of Committee respecting establishment of dues for maintenance of St. Sampson's Harbour. CHANNEL ISLANDS. 103 A.D. Orders in Council. 1854 (March 9.) Confirming Projet de Loi relative to the manner of proving documents in Guernsey. (October 18.) For registering, in the Channel Islands, the " Foreign Deserters Act, 1852," and the "Prize Acts, Eussia, 1854," and the "Merchant- Shipping Act, 1854." (October 18.) Confirming Ordinance approved by- States July 38, 1854, relating to the granting licences and the sale of beer and cider. ACTS OF THE IMPEEIAL PAELIAMENT EELATING TO THE CHANNEL ISLANDS. Eoyal Assent, 1830 1835 1845 1848 1853 Acts of Farliament. (March 19.) 11 Geo. IV. and 1 Will. IV. cap. 5. An Act to make provision for the removal of vagrant and poor persons born in the Isles of Jersey and Guernsey and chargeable to parishes in England. (August 21.) 5 & 6 Will. IV. cap. 23. An Act to extend the provisions of the Friendly Societies Acts to the Islands of Guernsey and Jersey. (Amended by 3 & 4 Vict. cap. 10.) (July 31.) 8 & 9 Vict. cap. 65. An Act to deter- mine the countervailing duties on plain spirits manu- factm-ed in the Channel Islands, and'to prohibit the importation of rectified or compound spirits there- from. (September 4.) 11 and 12 Vict. cap. 117. An Act for rendering certain nevyspapers published in the Channel Islands liable to postage. (July 8.) 16 & 17 Vict. cap. 32. An Act to regu- late the Excise duties on spirits, and to increase the coimtervailing duties on spirits the manufacture of the Channel Islands into Scotland and Ireland. 104 EUROPEAN DEPENDENCIES. PAKLIAMENTARY REPORTS, ACCOUNTS, & PAPERS RELATING TO THE CHANNEL ISLANDS. A.D. Number. Parliamentary EeportB, &c. 1807- 57 Account of vessels cleared out from Guernsey. 1810-11 125 Correspondence relating to specie in circulation in Aldemey. 1883 478 Returns of the civil and military ex- penses of Guernsey, Jersey, and Aldemey, and of the amount collected there. 1835 18 Copy of letter from Secretary-at-War respecting office of Governor of Guernsey, and emoluments from tithes of com. King's revenue. 1847-8 945 Report of Commissioners appointed to inquire into the state of the criminal law in the Channel Islands. 1850 318 Correspondence relating to the amend- ments of the criminal law in Guernsey and Jersey. 1858-3 677 Correspondence relating to lighthouse in Guernsey. 1854 ,25 Return of cost of land for harbours and fortifications. ASIATIC DEPENDENCIES. ] 05 CHAPTER III. ASIATIC DEPENDENCIES. British India — Cetlon^ — Hong-Konq, and Labuan. . BRITISH INDIA. 'PHE British Empire in India may be divided poli- tically into three classes of territories, distingmsh- able by the degree of British influence and authority exercised over each. I. The territories directly governed through the East India Company, either by the supreme or any of the four subordinate Governments. II. The territories of native princes with whom we have subsidiary or protective relations, and who are under the political supremacy of the East India Com- pany. III. The territories of States which have under- taken to accept British mediation, or are under British influence, but are not ruled directly by Great Britain. The insular territories of the East India Company are included politically within the first of the above classes; they have been, since 1853, constituted a 106 ASIATIC DEPENDENCIES. distinct subordinate Government, called the " Straits Settlements." * British India, continental and insular, may thus be said to comprise altogether an area of more than a million square miles. The triangle of Hindostan (of which Hyderabad, Chittagong, and Cape Comorin, are the three points) forms the most important por- tion of this empire. Hindostan was, for 1800 years, alterriMely the seat of Greek, Tartar, Mahommedan, and Mogul rule ; and was, in the latter part of the 15th century, first colonized by the Portuguese, and afterwards, in the 1 7th, by the Dutch, ^French, and English. The Government of British India, unlike those sys- tems of poHty which have gradually expanded with * The Prince of Wales Island, now the seat of Government, is situate in the Straits of Malacca, on the west coast of the Malay peninsula, and comprises an area of about 160 square miles. Singapore, a settlement comprising one island and about fifty islets off the south point of the Malay peninsula, com- prising an area of about 275 square miles, was formerly the site of a Malay kingdom. In 1253, Singapore was captured by a King of Java, and afterwards abandoned. In 1819, it was first occupied by Great Britain; and, in 1824, pur- chased in fee-simple, from the Sultan of Johore, for the sum of 60,000 Spanish dollars, and an annuity of 24,000 Spa- nish dollars for the natural lives of the Proprietors. Malacca, a settlement comprising an area of about 1000 square miles, on the west coast of the Malay peninsula, between the parallels of 2" and 3° north latitude, and the meridians of 102° and 103° east longitude. The chief town was founded (as is said) in ]3o2; occupied by the Portuguese in 1511, by the Dutch in 1641, and by the English in 1795 ; again held by the Dutch from 1818 to 1825, when it was exchanged with the British for Bencoolen, in Sumatra. BRITISH INDIA. , 107 the advancing civilisation of other countries, has con- sisted, for more than two centuries, of a sort of tem- porary machinery, contrived and modified from time to time to meet the necessities of successive conquests. Political powers, delegated, in the first instance, to a trading corporation for the Hmited purposes of their own commerce, were of course wholly insufficient for the government of a vast empire. Each succeeding change in the Administration of British India has been thus only the natural result of each succeeding conquest, which necessitated some fresh contrivance for strengthening the hands of the ruling power over the constantly-increasing area of the Imperial domain. Each successive change in the constitution of British India will be found, on a review of those events in the order of their occurrence, to have been ordinarily preceded by an advance, not so much in the power and resources of the country, as in its territorial boundaries. The first British East India Company was formed Historical sketch in London in 1599, and received its Charter in 1600. Its first factory was established at Bantam in 1602. The Charter was renewed in 1609; and in 1612 the joint-stock system of trade was adopted ; and in the same year a second factory at Surat esta- blished ; a third at Eort St. George on the Coro- mandel Coast, in 1640 ; and a fourth on the Hoogley, in 1656. In 1658, the Charter was renewed by Cromwell; and in 1661, by Charles II. In 1662, the island of Bombay was ceded as dower to Charles II. on his marriage with the Infanta Catherine ; and in 108 ASIATIC DEPENDENCIES. 1687, the Presidency of Surat was transferred thither, but the revenue not covering the expenses, it was, in 1688, made over to the Company, and has since been the centre of their dominions in Western India. In 1689, after a three years' war with the Mogul, it was laid down as a fixed poUcy, that dominion was to be acquired in India, and that the Company were to become a nation. Land was purchased and settled. In 1693, the Charter was again renewed; and in 1698, Port William was erected, and the district round Calcutta pm'chased. In the same year, by statute 9 and 10. Will. III. cap. 44, in considera- tion of certain Customs' duties to be levied on im- ports from the East Indies, the Company were gua- ranteed for three years the privileges of trade to all countries between the Cape of Good Hope and the Straits of Magellan. On September 5, in the same year, a second Company, called the English East India Company, received its Charter. By an inden- ture tripartite, under the Great Seal, dated July 22, 1703, to which the two Companies and the Crown were parties, the Companies were first designated as the " United Company of Merchants trading to the East Indies." In 1707, by statute 6 Anne, cap. 17, provision was made for legally amalgamating the two Companies ; all differences to be submitted to Lord Godolphin as arbitrator, and his award to be bind- ing. In 1711, by statute 10 Anne, cap. 28, the cor- porate capacity of the United East India Company was recognised, and their privileges of trade con- tinued. In 1720, the Company were established at BRITISH INDIA. 109 the seats of their three present Presidencies, Bombay, Madras, and Calcutta; and in 1744, by statute 17 George II. cap. 17, their privileges were continued for a certain term, and on certain conditions therein de- fined. The Government of the three British facto- ries in India was at this time committed to a Presi- dent and Council, appointed by the Company, at each of the three stations, and its affairs were conducted by civil officers sent out from England under cove- nants of service. In 1746, war with the French began in the Carnatic, and, with various successes, continued till 1755, when Commissioners were ap- pointed who restored all the territories taken in the war to the natives ; Mohammed Ali, the ally of the British, being left in possession of the Carnatic. In 1756, war broke out again. The British con- quered the Carnatic; and in January, 1761, Pondi- cherry, the last stronghold of the French, was taken, and their empire in India brought virtually to an end. In the same year, the three districts of Burdwar, Mid- napore, and Chittagong, were added, by cession of the native prince, to the Presidency of Bengal. In 1764, the British had reduced every strong place which op- posed them, vanquished the Mogul Emperor and his feudatories, and made themselves masters of the great central plain of India. In 1765, Lord Clive was sent out by the Company with the supreme com- mand. He concluded a treaty with Sujah Dowlah, by which the Company obtained the management of the revenue, including, in fact, the entire sovereignty of the provinces of Bengal, Bahar, and Orissa. In 110 ASIATIC DEPENDENCIES. the same year, by statute 7 George III. cap. 57, the territories and revenues thus acquired were guaranteed for two years to the East India Company on payment of £400,000 per annum. In 1769, by statute 9 George III. cap. 24, the provisions of the last-men- tioned Act were continued for five years. ^ointmFni "'"" ^^^^' ^^ statute 13 George III. cap. 63, the of Gover- Imperial Parliament first made provision for the Go- TXOV-GtQUQ— ral and vemment of British India. That statute enacted that ounci . ^^^ election of the twenty -four Directors of the East India Company (theretofore annual) should be thence- forward for certain terms prescribed in the Act. A Governor- General and four Councillors were also ap- pointed for five years (their seat of government to he at Port Wilham, in Bengal), to administer the whole civil and military government of Bengal, Bahar, and Orissa, and the revenues thereof, and to have a gene- ral control over the subordinate Presidencies and Councils of Madras and Bombay. The Act empow- ered the Governor- General to frame ordinances and regulations, which must, in order to give them force, be registered in a " Supreme Court" constituted by the Act, and holding its sessions at Calcutta. In the same year (1773), another Act (13 George III. cap. 64) was passed, which, after reciting the financial difficulties of the East India Company, relieves them from their annual payment, and authorises the issue of £1,400,000 in Exchequer-bills, to be applied in their relief. By the same Act, the Company are bound to export annually merchandise to the amount of £380,837 (exclusive of naval and military stores), BRITISH INDIA. Ill for two years. In 1779, statute 19 George III. cap. 61, continued to the East India Company all their territories and revenues until April 5, 1780. In 1781, by statute 21 Geo. III. cap. 66, the privileges of the Company were continued for ten years, determinable thereafter on three years' notice. It was also enacted that the Company should pay £400,000 in full satisfaction of all claims on them, that their dividends should be hmited to eight per cent., and that after payment thereof, three-fourths of their surplus receipts should be paid into the Ex- chequer. It was in this year that the Dutch Settle- ment of Negapatam capitulated to the English — an event which was followed by the fall of that power on the mainland of India. In 1784 (by statute 24 Geo. III. cap. 25, com- First esta- monly called Pitt's Act,) His Majesty was empowered of Board to appoint six Privy Councillors as Commissioners for ° °'^*'^° ' the Affairs of India — three to form a quorum — and either the Chancellor of the Exchequer or one of the Secretaries of State to be President. By the same Act, appointments to vacancies in the offices of Governor-General, and in the subordinate Govern- ments at Fort St. George and Bombay, and of the Councillors at each Presidency, also the right to recall the Governor- General and to declare war, are vested in the Court of Directors. In 1788, by statute 28 Geo. III. cap. 8, the Com- missioners appointed by the last-cited Act, called the " Board of Control," were empowered to direct that the expense of raising, transporting, and maintaining 112 ASIATIC DEPENDENCIES. such troops as might be required for the security of the British territories in the East Indies, should he defrayed out of the territorial revenues. The same Act compelled the Court of Directors to lay annually before Parliament an account of the revenues and disbursements of each Presidency. In 1793, by statute 33 Geo. III. cap. 53, the ter- ritorial possessions and revenues of India were fur- ther confirmed to the Company for twenty years, together with their commercial privileges. The powers of the Board of Control were also renewed and extended. The Governor-General of India was also invested with absolute powers in certain cases, and further provisions were made for the local go- vernment of the three Presidencies. In the meantime^ the Mysore and Mahratta Wars had in their results brought vast accessions to the British dominions in Hindostan. Before the close of the eighteenth cen- tuiy, the power of Tippoo Saib had been annihilated by Lords CornwaUis and Wellesley, and his territory entirely subdued. The East India Company had taken in full sovereignty the Coast of Canara, the district of Coirabatoor, the passes of the Ghauts, and Seringapatam. The district in the interior of Mysore had been placed indirectly, and that of Tanjore im- mediately, under British government. In 1801, the same course was pursued with the Carnatic, and in the same year the Governor of Oude ceded half his territory Allahabad, Rohilcund, and a portion of the Doab, while Great Britain assumed the protection of the whole. In 1803, war began with the Mah- BRITISH INDIA. 113 rattas. In 1803, the whole of the Doab, Delhi, Agra, part of Bundelcund and Cuttack, were yielded to our arms, and the battle of Assaye, fought in September of that year, " fixed the dominion of England over prostrate India." In 1813, by statute 53 Geo. III. cap. 155, the Company were confirmed in the possession of all their past and lately acquired territories for a further period of twenty years, together with their privileges of ex- clusive trade in tea with China ; the cost of their establishments and payment of forces to be defrayed from their territorial revenues. The Act also pro- vides for distinct accounts of territorial, political, and commercial affairs to be returned by the Directors. By the 49th section of this statute, the first eccle- siastical provision was made for British India. It enacts that if His Majesty shall by letters patent, countersigned by the President of the Board of Control, appoint a bishop and three archdeacons, their salaries shall be paid by the Company.* In 1814s war again broke out with Nepaul, and ended in the establishment of British influence there in 1816. In 1817, the Peishwar of Poonah was de- posed, and the greater part of his territory was attached to the Presidency of Bombay. In 1818, the supremacy of Great Britain over Central India was established. In 1824, some dis- tricts on the eastern coasts of the Bay of Bengal * Three dioceses have been since erected — at Calcutta in 1814 ; Madras, 1835 ; and Bombay, 1837. I 114 ASIATIC DEPENDENCIES. were acquired by tlie Burmese War. Assam was at the same time added to our Empire, and in 1836, Bhurtpore. In 1833, by statute 3 and 4 Wm. IV. cap. 85, the possession of the British territories in India was con- firmed to the Company for a further period of twenty years ; their privileges of exclusive tea-trade to China were discontinued; the Board of Commissioners for the Affairs of India was remodelled, and the civil and military government vested in the Governor- General and four councillors, three of whom were to be servants of the Company of ten years' standing. The Council was to assemble at such place in India as the Governor-General might appoint ; and to make laws and regulations subject to the disallowance of the Court of Directors. The appointment of the Governor- General was vested in the Court of Direc- tors siibject to the royal approval, to be signified through the President of the Board of Control. Provision was likewise made by the Act for the pay- ment and jurisdiction of bishops to be appointed at Madras and Bombay. The island of St. Helena was vested in the Crown. The Governor-General was empowered to appoint a " Law Commission" to report on the system of judicial and police estabUsh- ment in India — an authority which he exercised December 27, 1883. The rights of the Imperial Parliament to legislate for India are, by section 51 of this statute, expressly reserved. In 1835, by statute 5 and 6 Wm. IV. cap. 52, the BRITISH INDIA. 115 Directors of the East India Company were authorised to suspend the provisions of the last-cited Act, so far as they related to the subordinate Government of Agra. And the Governor-General in Council was empowered, during such suspension, to appoint a Lieutenant-Governor of the North- Western Provinces. In the same year (1835), the hitherto protected State of Mysore was taken under direct British management. In 1839, Afghanistan was unsuccess- fully invaded. In 1843, Scinde was annexed. In 1845 the war with the Sikhs commenced, and ended in the cession of the Cis-Sutledge territory and the Doab. In 1849 Sattara lapsed, in the same year the Punjaub was annexed, and in 1856, Oude. In 1853, by statute 16 and 17 Vict. cap. 95, all the provisions of former Acts relating to the Govern- ment of India, not inconsistent with that Act, were confirmed; and the possession of their territories in India was continued to the Company until Par- liament should otherwise provide for the same. The Constitution of the Court of Directors was re- modelled : six Legislative Councillors were added to the Council of India, and the Directors were em- powered to add two more members to the Council, and the fourth ordinary member was enabled to sit and vote at all its meetings.* The Crown was also empowered to appoint Commissioners in England to report on Law Reforms recommended by the Indian Law Commission appointed under statute 3 and 4 * Vide sections 21-36. I 2 116 ASIATIC DEPENDENCIES. Wm. IV. cap. 85, such report to be presented within three years from the passing of the Act. The Board of Control was also empowered to frame regulations for the admission of candidates to the East India Company's Colleges at Haileybury and Addiscomhe, and for the system to be pursued there, and for de- termining the qualifications of all candidates for the Military and Civil Service in India.* The Court of Directors was also by the Act empowered to create a new Presidency, or constitute a new Lieutenant-Gover- norship, and to alter the limits of existing Presidencies. Present It wiU appear from the preceding summary that tion of the Government of British India is administered in India. England by two distinct Departments: 1. By the [For rela- East India Company, as represented by the Court of tions with T V. , V, i , native Directors. And 2. By the Crown, as represented by local ' the Board of Control. The Court of Directors, as menT^d reconstituted in 1853, by statute 16 and 17 Vict, land- pg^p 95 consists of eighteen members, twelve elected tenures, r ' o ' ^ide by the Proprietors, and six appointed by the Crown (ten C.^ forming a quorum), to whom is committed the civil, military, financial, and general administration of aU the Company's territories in India. All the Directors appointed by the Crown must be qualified by ten years' service, and six of those elected by the Proprietors by ten years' residence in India. The twelve elective Directors are chosen by all Proprietors holding £1000 stock, and aU the Directors, both nominated and elec- tive, must possess the same qualification. The Chair- * Vide sections 36-43, abolishing patronage, &c. BRITISH INDIA. 117 man and Deputy-Chairman are elected by the Court. There are certain distinct Committees of the Court for despatch of business, and a secret Committee of three members for the transmission of despatches from the Board of Control to India. The Board of Control, or of " Commissioners for the Affairs of India," first appointed in 1784, now consists of certain Ministers of the Crown, the First Lord of the Treasury, the Lord President, Lord Privy Seal, the three Secretaries of State, and the Chancellor of Exchequer, being eoo-officio members ; and the Com- missioner first named in the patent (usually a Cabi- net Minister), being the President. The Board exercises on behalf of the Crown, a veto on certain appointments, a supervision over the correspondence, and a general control over the civil and military Go- vernment of India, as administered by the East India Company. The supreme local administration of India is vested in a Governor- General and a Council, now con- sisting of eleven members.* The seat of Government is at Calcutta; and it exercises a general authority over the four subordinate Governments, and a direct control over all those districts of British India which are not included within any of the four. The Go- vernor-General of India is appointed by the Court of Directors of the East India Company, and is revok- able by them ; but ordinarily, since Lord Hastings' time, holds office for five years. He is invested with * Exclusive of the Lieutenant-Governors of the subordinate Presidencies. 118 ASIATIC DEPENDENCIES. supreme executive authority, which may be exercised with or without the concurrence of his Council. The Council of India is now constituted as follows : — the Governor-General, and four ordinary mem- bers, who must have been civil or military servants of the Company of ten years' standing; there are also four legislative members, being civil servants of the Company of ten years' standing, but entitled to vote only in the framing of laws and regulations. There are also three ex-officio members, namely, the Commander-in-Chief, the Chief Justice, and one of the other judges of the Supreme Court of Bengal. The Governor- General in Council exercises a general authority, both civil and mUitary, over the Presidencies of Bengal, and the North- West Provinces, Madras, Bombay, and the Straits' Settlements, and a direct control over all those territories which are not included in any of the subordinate Governments. His authority extends also to the territories of all native princes with whom we have contracted subsidiary or protec- tive relations, and to the exercise of such influence as Great Britain may possess by treaty over those independent States which have accepted of our medi- ation. Governors and Councils were estabhshed at Madras and Bombay, in 1784. A Lieutenant-Governor of the North- West Provinces was appointed in 1835, and the " Straits' Settlements" were constituted a distinct subordinate Government in 1853. The Governor-General of British India receives a salary of 25,000/. per annum. BRITISH INDIA. 119 The following are the Names of those who have held the Office of Goveenoe-General, with the Dates of their Appointments (those appointed prior to the Eegulation Act in 1773 having been styled Administrators). Alexander Dawson, January 37, 1748. William Fjtche, January 8, 1752. Eoger Drake, August 8, 1752. Colonel Eobert Olive, March 25, 1758. Henry Vansittart, November 23, 1759. John Spencer, November 26, 1764. Lord Olive (Second Time), June 1, 1764. Harry Verelst, January 26, 1767. John 'Oartier, December 16, 1769. Warren Hastings, April 25, 1771. John Macpherson, February ], 1785. Lord Macartney, July 1785. (Declined Office.) Lord Oomwallis, February 24, 1786. Major-General W. Meadowes, April 28, 1790. Sir John Shore (Lord Teignmouth), September 19, 1792. Sir Alured Olarke, September 20, 1797. Lord Mornington (Marquess Wellesley), October 4, 1797. Marquess Cornwallis (Second Time), January 9, 1805. Sir George H. Barlow, February 19, 1806. Lord Minto, July 9, 1806. Earl of Moira (Marquess of Hastings), November 18, 1813. George Canning, March 37, 1823. (Declined Office.) William, Lord Amherst, October 23, 1822. Lord William Cavendish Bentinck, July 18, 1827. William, Lord Heytesbury, January 28, 1835. George, Lord Auckland, August 12, 1835. Edward, Lord Ellenborough, October 30, 1841. Sir Henry Hardinge (Viscount Hardinge), May 2, 1844. James Andrew, Marquess of Dalhousie, August 4, 1847. Charles John, Viscount Canning, July — , 1855. The following aee the Names of those who have held the Office of President of the Board of Commissioners foe the Affairs of India since its Constitution, in 1784. Thomas, Lord Sydney, September 3, 1784. Eight Hon. W. Wyndham Grenville, March 13, 1790. Eight Hon. Henry Dundas, June 28, 1793. George, Viscount Lewisham, May 19, 1801. 120 ASIATIC DEPENDENCIES. Robert, Viscount Castlereagh, July 12, 1802. Gilbert, Lord Minto, February 12, 1806. Eight Hon. Thomas GrenviUe, July 16, 1806. Eight Hon. George Tierney, October 1, 1806. Eight Hon. Robert Dundas, April 6, 1807. Dudley, Earl of Harrowby, July 16, 1807. Right Hon. E. Dundas (second time), November 13, 1809. Robert, Earl of Buckinghamshire, April 7, 1813. Right Hon. George Canning, June 20, 1816. Right Hon. Charles Bathurst, July 16, 1821. Eight Hon. C. Watkin Williams Wynn, July 8, 1822. Eobert Dundas, Viscount Melville, February 7, 1828. Edward, Lord EUenborough, April 24, 1 828. Eight Hon. Charles Grant, December 6, 1830. Edward, Lord EUenborough (second time), December 20, 1834. Eight Hon. Sir John C. Hobhouse, Bart., April 29, 1835. Edward, Lord EUenborough (third time), April 9, 1841. W. F. Fitzgerald, Lord Fitzgerald and Vesei, October 28, 1841. Frederic J., Earl of Eipon, May 23, 1843. Sir J. C. Hobhouse, Lord Broughton (2nd time), July 10, 1846. Eight Hon. Fox Maule, February 5, 1852. Right Hon, J. C. Herries, February 27, 1852, Eight Hon. Sir Oharlps Wood, Bart., December 28, 1852. Eight Hon. E. Vernon Smith, , 1855. OEDEES IN COUNCIL EELATING TO THE TEERI- TOEIES OF THE EAST INDIA COMPANY. Tear. J613 1614 1615 1617 Orders in Council. (June 13.) For regulating the trade to the East Indies. (January.) For ordering certain criminpls to be transported to the East Indies. (July.) For delivering J. Gates, and other reprieved convicts, to the Governor of the East India Company, to be sent to India. (March 20.) For delivering John Browne, now a prisoner in the castle of Canterbury, convicted of felony (but not of murder, burglary, or witchcraft), unto Sir J. Smith, Knight, Governor of the East India Company, to be sent beyond the seas to the East Indies. BRITISH INDIA. 121 Orders in Council. (May 28.) Ordering the East India Company to advance, in connection with the Muscovy Company, a loan of 100,000 rubles to the Emperor of Eussia, (February 28^ For separating the financial affairs of the East India Company from the Muscovy Com- pany. (January 31.) For declaring the will of King James concerning certain points in dispute between &e East India Company and the Dutch, and for ordering pay- ment of £20,000 to the Company in reals. (January 29.) For permitting the East India Com- pany to export bullion. (January 26.) For ordering vessels belonging to the East India Company to be prepared for Govern- ment service. (September 23.) Ordering strict observance of the Proclamation regulating the East India Company's officers at various outports. (May 25.) For appointing Committee to inquire into the present state of the trade to the East Indies, and to receive propositions for the better regulation thereof. (September 2.) For declaring His Majesty's answer to four propositions of the East India Company touch- ing the regulation of their trade. (February 7.) Ordering certain mimitions of war to be sent to Bombay. (March 13.) Ordering Lord Treasurer to send £1000 sterling to Bombay for the present supply of His Majesty's forces there. (October 21.) Appointing Committee to adjust the differences between the East India Company and the Dutch. (March 20.) For reforming abuses at Bombay, Surat, and other factories in the East Indies. (March 6.) Ordering a patent for granting Bombay to the East India Company, to be engrossed, and to pass the seals. (October 26.) Ordering Mr. Barry at Lisbon to so- licit about the quiet possession of the island of Bom- baine (Bombay). (November 23.) Licensing the East India Company to transport sixty-six pieces of iron ordnance to Fort St. George. 122 ASIATIC DEPENDENCIES. Tear. Orders in Council. 1691 (February 4.) Granting Commissions to ships of the East India Company against the French. 1693 (November 3.) Approving the East India Com- pany's Charters, with twenty-six regulations set forth in the Order. 1702 (June 11.) Approving the Indenture uniting the two East India Companies. 1721 (October 2.) Prohibiting ships going to the East Indies from trading to the Plantations. 1726 (August 9.) For passing letters patent granting the Company further privileges and franchises. 1735 (December 18.) Approving proclamation prohibit- ing all persons from trading to the East Inches, con- trary to the privileges granted to the East India Company. 1760 (November 26.) Approving Charter to the East India Company to erect courts of justice near Ben- coolen, in ttie island of Sumatra. 1806 (August 5.) Approving Charter for estabUshing courts of judicature in the Prince of Wales's Island, and for trial of piracies. 1808 (October 15.) For permitting the East India Com- pany to export stores to their settlements at Canton and St. Helena. 1809 (March 27.) Authorising the East India Company to permit the sale, by pubUc auction, of several arti- cles, the produce and manufacture of China. 1813 (August 14.) For regulating the trade between the United Kingdom and the East Indies. 1827 (March 14.) For submitting for His Majesty's ap- proval a table of fees .to be taken in the Supreme Court of Judicature at Bombay. (June 30.) For allowing to the officers of the Bom- bay Marine, within the limits of the East India Company's Charter, the privilege of taking rank agreeably to their several degrees, with the officers of the Eoyal Navy. 1828 (March 5.) Approving the report of Committee on certain rules relating to juries in the Supreme Court of Judicature at Fort William, in Bengal. 1829 (June 10.) Approving report of Committee on the petition of Sir Peter Grant, the only surviving justice of the Supreme Com't of Judicature at Bombay; also on a memorial from the East India Company. BRITISH INDIA. 123 Orders in Council. (June 28.) Approving report of Committee on cer- tain variations in the times of holding Sessions of Oyer and Terminer in the Supreme Court of Bom- bay. (July 11.) Approving report of Committee for dis- missing petition of certain Hindoos of Bengal, com- plaining of the suppression of the practice of Suttee by a regulation of the Governor-General of Indiain Council. (July 3.) Approving report of Committee on peti- tion of Major- General -Sir Lionel Smith on the sub- ject of the Deccan booty. (April 13.) Approving report of Committee respect- ing certain rules and orders for the plea, eqmty, and Crown sides of the Supreme Court of Judicature at Bombay. (November 30.) Approving certain rules proposed by the Commissioners for the affairs of India, relat- ing to the preparation of the annual prospective estimates of vacancies in the Indian establishments, under sections 103 & 106 of statute 3 & 4 WUl. IV. cap. 85. (January 93.) Approving report of Committee on certain rules and tables of fees established by the Supreme Court of Judicature in Bengal. (April 10.) Estabhshing certain rules in appeals from Her Majesty's Supreme Coiu-ts in India and elsewhere to the eastward of the Cape of Good Hope. (July 30.) Confirming certain statutes framed by the Commissioners for the affairs of India, under statute I & 3 Vict. cap. 38, for the good government of the East India Company's College at Haileybury. (October 21.) Approving report of Committee on certain alterations in the statutes of the East India Company's College at Haileybury. (May 7.) For allowing the importation of sugars, the produce of the Presidency of Fort St. George, at a duty of ^£1 4s. per cwt. (May 8.) For reducing the duties payable on the produce and manufactures of the British possessions in India on their importation into certain colonies therein named; to wit, Australia, Ceylon, and the Cape of Good Hope. 134 ASIATIC DEPENDENCIES. Tear. 1843 1847 1848 1849 1860 1853 Orders in Council. (April 37.) Confirming certain rules and orders made by the Supreme Court of Judicature at Fort William, October 33, 1841. (June 17.) For granting Charter of Incorporation to the Eastern Archipelago Company. (July 33.) Approving rules of November 7, 1846, and April 23, 1847, of the Supreme Court of Judiear ture of Bombay. (June 37.) Confirming certain rules of October 25, November 15, and December 10, 13, and 33, 1847, and of January 3 and February 3, 1848, of Supreme Court of Judicature of Bengal. (May 31.) Confirming rules of the Court of Judi- cature of the Prince of Wales's Island, Singapore, and Malacca, of November 6, 1848. (June 19.) Disallowing certain rules of the Supreme Court of Judicature of Bengal, confirmed by the Legislative Council of India, under statute 3 & 4 Vict. cap. 34. (August 18.) For apprehending, within the territo- ries of the East India Company, seamen, being deserters from Eussian, Swedish, Norwegian, and Peruvian merchant ships. ACTS OF THE IMPERIAL PARLIAMENT RELATING TO THE TERRITORIES OF THE EAST INDIA COMPANY. Boyal Assent. 1698 1707 Acts of Parliament. 9 & 10 Wm. III. cap 44. — An Act for raising a sum not exceeding two millions upon a fund for payment of annuities after the rate of 8 per cent, per annum, and for settling the trade to the East Indies. 6 Anne, cap. 17. — ^An Act for'assuring to the Eng- lish Company trading to the East Indies, on account of their United Stock, a larger interest in the fund BRITISH INDIA. 125 Boyal Assent, Acts of Failiament. and trade therein mentioned, and for raising thereby 120,000?. for carrying on the war. 1711 10 Anne, cap. 28. — -An Act for continuing the trade of the East India Company. 1744 17 Geo. II. cap. 17. — An Act for continuing the trade of the East India Company for a further period. 1754 J7 Geo. II. cap. 9. — An Act for punishing mutiny and desertion of officers and soldiers in the service of the United Company of Merchants trading to the East Indies, and for the punishment of offences committed in the East Indies or at the island of St. Helena. 1767 7 Geo. III. cap. 57. — ^An Act for establishing an agreement for the annual payment of £400,000 for a limited time, by the East India Company in respect of the territorial acquisitions and revenues lately obtained in the East Indies. 1769 9" Geo. III. cap. 24. — An Act for continuing, for five years, the provisions of statute 6 Geo. III. cap. 57. 13 Geo. III. cap. 63. — ^An Act to regulate the government of India. 1773 13 Geo. III. cap. 64.— An Act to authorise the issue of Jgl, 400,000 in Exchequer Bills, to be applied in relief of the East India Company. 1781 21 Geo. III. cap. 65. — An Act for establishing an agreement with liie United Company of Merchants trading to the East Indies, for the payment of the sum of £400,000 in full discharge and satisfaction of all claims of the public, from the time the bond debt of the Company was reduced to £1,500,000 till March 1, 3 781. 1784 24 Geo. III. cap. 25. — An Act to provide for the government of India. 1788 28 Geo. III. cap. 8. — ^An Act to provide for the expense of raising, transporting, and maintaining such troops as may be required for the security of the British territories in the East Indies. 1793 (June 11.) 23 Geo. III. cap. 52.— An Act for con- tinuing in the East India Company, for a further term, die possession of the British territories in India, together with the exclusive trade under certain limi- tations ; for appropriating to certain uses the revenues 126 ASIATIC DEPENDENCIES. Assent. •Acts of Parliament. 1799 1800 1803 1803 1805 1807 and profits of the said Company, and for making pro- vision for the good order and government of the towns of Calcutta, Madras, and Bombay. 13 Geo. III. cap. 89. — ^An Act for regulating the manner in which the East India Company shall hire and take up ships for their regular service. (Amended by 50 Geo. III. cap. 86.) (July 28.) 39 & 40 Geo. III. cap. 79.— An Act for establishing further regulations for the government of the British territories in India, and for the better administration of justice within the same. (March 34.) 43 Geo. III. cap. 39.— An Act to authorise the East India Company to make their settlement at Marlborough, in the East Indies, a fac- tory subordinate to the Presidency of Fort WiUiam, in Bengal, and to transfer the servants who, on the reduction of that establishment, shall be supernume- rary, to the Presidency df Fort St. George. (August 11.) 43 Geo. III. cap. 107.— An Act to enable the Court of Directors of the East India Com- pany to make allowance to the owners of certain ships in their service. (December 15.) 44 Geo- III. cap. 3. — An Act to regulate the bonds issued by the East India Com- pany, with respect to the rate of 'interest and duty payable thereon. (April 10.) 46 Geo. III. cap. 36.— An Act to enable the East India Company to appoint the Commander- in-Chief on the Bengal establishment to be a member of the Council of Fort William, in Bengal, notwith- standing the office of Governor-General of Fort Wil- liam and of Commander-in-Chief of the forces being vested in the same person. (August 8.) 47 Geo. III. cap. 41. (Sess. 2).— An Act to enable the East India Company to raise money on bond, instead of increasing their capital stock. (August 13.) 47 Geo. III. cap. 68. (Sess. 3).— An Act for the better government of the settlements of Fort St. George and Bombay, for the regulation of pubUc banks, and for amending so much of statute 33 Geo. III. cap. 53, as relates to the periods at which the civil servants of the East India Company may be employed in their service abroad. BRITISH INDIA. 127 Acts of Failiament. (June 16.) 50 Geo. III. cap. 87. — ^An Actto provide for the raising of men for the service of the East India Company. (June 20.) 80 Geo. III. cap. 114. — An Act for grant- ing to His Majesty a sum of money to be raised by Exchequer Bills, and to be advanced and applied in the manner and on the terms therein mentioned, for the relief of the United Company of Merchants trading to the East Indies. (Amended by 52 Geo. III. cap. 10.) (June 10.) 51 Geo. III. cap. 64. — ^An Act to enable the East India Company to raise a further sum of money upon bond, instead of increasing their capital stock. (July 13.) 52 Geo III. cap. 121.— An Act to autho- rise the transfer to the East Indies of debts originally contracted there on the part of the East India Com- pany, payable in England. (July 18.) 52 Geo. III. cap. 135.— An Act for ad- vancing two millions and a half sterling to the East India Company, to enable them to discharge part of the Indian debt. (July 21.) 53 Geo. III. cap. 155. — An Act for con- tinuing in the East India Company, for a further term, the possession of the British territories in India, together wiih certain exclusive privileges ; for esta- blishing further regulations for the government of the said territories, and the better administration of jus- tice within the same; and for regulating the trade to and from places vnthin the limits of the Company's charter. (May 17.) 54 Geo. III. cap. 56. — An Act to repeal the duties on teak wood and other ship timber im- ported from the East Indies. (July 23.) 54 Geo. III. cap. 105. — An Act to remove doubts as to the duties and taxes heretofore imposed and levied imder the authority of the several Govern- ments in the East Indies. (May 25.) 55 Geo. III. cap. 64. — An Act to explain and amend 53 Geo. III. cap. 115 so far as relates to the granting gratuities by the East India Company. (June 14.) 55 Geo. III. cap. 84. — An Act to make provision for the Judges in the East Indies in certain cases. 128 ASIATIC DEPENBBNCIES. Eoyal Acts of Parliament. 1817 1818 1820 1833 1893 1834 1835 (June 30.) 57 Geo. III. cap. 36.— An Act to regu- late the Trade to and from the places within the limits of the Charter of the East India Company, and certain possessions of His Majesty in the Medi- terranean. (July 10.) 57 Geo. III. cap. 95. — ^An Act to exempt the Territories -within the limits of the East India Company's Charter from certain of the Navigation Laws. (June 5.) 58 Geo. III. cap. 83. — ^An Act to amend and reduce into one A,ct the several Laws relating to the manner in which the East India Company are required to hire ships. (June 5.) 58 Geo. III. cap. 84. — An Act to remove doubts as to the validity of certain Marriages Jiad and solemnized within the British Territories in India. (Jnly 34.) 1 Geo. IV. cap. 99. — ^An Act to enable the East India Company to raise and maintain a Corps of Volunteer Infantry. (July 31.) 1 Geo. IV. cap. 101.— An Act to enable the Examination of Witnesses to be taken in India in support of Bills of Divorce on account of Adultery committed in India. (July 80.) 3 Geo. IV. cap. 93. — ^An Act for carrying into execution an Agreement between His Majesty and the East India Company. (July 11.) 4 Geo. IV. cap. 71. — ^An Act for defray- ing the Charge of Retiring Pay, Pensions, or other expenses of that nature of His Majesty's forces serv- ing in India ; for establishing the Pensions of the Bishops, Archdeacons, and Judges; for regulating Ordinations ; and for establishing a Court of Judi- cature at Bombay. (June 31.) 5 Geo. IV. cap. 88. — An Act to autho- rise the East India Company to trade direct from China to the British Colonies and Plantations in America. (June 34.) 5 Geo. IV. cap. 108.---An Act for trans- ferring to the East India Company certain posses- sions, newly acquired, in the East Indies, and for authorising the removal of convicts from Sumatra. (July 5.) 6 Geo. IV. cap. 85.— An Act for further regulating the payment of the Salaries and Pensions BRITISH INDIA. 129 Acts of Failiament. to the Judges of His Majesty's Courts in India, and the Bishop of Calcutta ; for authorising the transpor- tation of Offenders from St. Helena, and for more effectually providing for the Administration of Jus- tice in Singapore and Malacca, and certain Colonies on the Coast of Coromandel. (May 6.) 7 Geo. IV. cap. 37. — ^An Act to regulate the Appointment of Juries in the East Indies. (May 36.) 7 Geo. IV. cap. 52.— An Act for defray- ing the expense of any Additional Naval Force to be employed in the East Indies. (June 37.) 9 Geo. IV. cap. 33. — ^An Act to declare and settle the Law respecting the Liability of the real Estates of British subjects and others within the Jui'isdiction of His Majesty's Supreme Coiuts in India as assets in the hands of Executors and Admin- istrators to the payment of the Debts of their de- ceased Owners. (July 19.) 9 Geo. IV. cap. 73.— An Act to provide for the Belief of Insolvent Debtors in the East Indies until March 1, 1833 (continued by 4 & 5 Wm. IV. cap. 79, 6 & 7 Wm. IV. cap. 47, and 3 & 4 Vict, cap. 80). (July 30.) 9 Geo. IV. cap. 74.— An Act for Improv- ing the Administration of Criminal Justice in the East Indies. (June 34.) 10 Geo. IV. cap. 6i.— AnAct to exclude persons accepting Offices in the East Indies from being Members of the House of Commons. (August 16.) 2 & 3 Wm. IV. cap. 117.— An Act to amend the Law relating to the Appointment of Justices of the Peace and of Juries in the East Indies. (August 28.) 3 & 4 Wm. IV. cap. 85.— An Act for effecting an Arrangement with the East India Com- pany, and for the better Government of His Majesty's Indian Territories, till April 30, 1854. (August 38.) 3 & 4 Wm. IV. cap. 93.— An Act to regulate the Trade of China and India. (August 29.) 3 & 4 Wm. IV. cap. 101.— An Act to provide for the Collection and Management of the Duties on Tea. (July 35.) 4 & 5 Wm. IV. cap. 33. — An Act to re- peal so much of several Acts as requires Deposits to K 130 ASIATIC DEPENDENCIES. Boyal Assent. 1835 1836 1837 1839 1840 1841 1842 Acts of Parliament. be made on Teas sold at the sales of the East India Company. (August 31.) 5 & 6 Wm. IV. cap. 63.— An Act to authorise the Court of Directors of the East India Company to suspend the provisions of 3 & 4 Wm. IV. cap. 85, so far as they relate to the Government of Agra. (August 13.) 6 & 7 Wm. IV. cap. 53.— An Act for enabling His Majesty to grant Admiralty Jurisdiction to the Courts of Judicature of Prince of Wales's Island, Singapore and Malacca. (July 13.) 7 Wm. IV. & 1 Vict. cap. 47.— An Act to repeal so much of certain existing Acts as pro- hibits the Payment of Salaries of tiie East India Company's Officers during their absence from their respective stations in India. (Jiily 39.) a & 8 Vict. cap. 34.— An Act to confirm certain rules and orders of the Supreme Courts of Judicature at Fort William and Madras, and to em- power the same courts and the Supreme Court of Judicature of Bombay to make rules and orders con- cerning pleadings. (August 4.) 3 & 4 Vict. cap. 37. — ^An Act to con- solidate and amend tlie laws for punishing mutiny and desertion of officers and soldiers in the service of the'East India Company, and for providing for the observance of discipline in the Indian Navy. (August 7.) 8 & 4 Vict. cap. 56. — ^An Act further to regulate the trade of ships built and trading within the limits of the East India Company's Charter. (April 6.) 4 Vict. cap. 8. — ^An Act to reduce the duty on rum and rum shrub, the produce of and im- ported from certain British possessions in the East Indies into the United Kingdom. (August 10.) 5 & 6 Vict. cap. 101. — ^An Act for ex- tending to the governors of the East India Company the powers given by statute 5 Geo. IV. cap. 113, for suppressing the importation of slaves into India by sea. (August 13.) 5 & 6 Vict. cap. 119.^An Act to enable Her Majesty to grant furlough allowances to the Bishops of Calcutta, Madras, and Bombay, who shall return to Europe for a limited period, after residing in India a sufficient time to entitle them to the highest rate of pension. BRITISH INDIA.. 131 Royal Assent. Acts of Parliament. 1844 1849 IBSl 1853 (June 6.) 7 Vict. cap. 18. — An Act to remove doubts as to the power of appointing and confirming the sentences of courts martial in the East Indies. (July 38.) 13 & 13 Vict. cap. 43.— An Act for pun- ishing mutiny and desertion of officers and soldiers in the service of the East India Company, and for regulating, in such service, the payment of regimental debts and the distribution of the effects of officers and soldiers dying in the service. (July 34.) 14 & 15 Vict. cap. 40. — An Act for mar- riages in India. (August 7.) 14 & 15 Vict. cap. 81. — ^An Act to au- thorise the removal from India of insane persons charged with offences, and to give better effect to in- quisitions of lunacy taken in India. (August 30.) 16 & 17 Vict. cap. 95.— An Act to pro- vide for the government of India. PAELIAMENTAEY REPOKTS, ACCOUNTS, & PAPEES EELATING TO THE TEEEITOEIES OF THE EAST INDIA COMPANY. Year. 1801 1801-3 1803-3 1803-4 1805 Sessional Number. 64 183 136 60 111 116 40 48 Parliamentary Beports, &c. Accounts of the annual revenues and disbursements of Bengal, Fort St. George, Bombay, Bencoolen, and Prince of Wales's Island. Papers respecting private trade between India and Europe. Accounts of annual revenues, &c. Accounts of annual revenues, &c. Accounts of annual revenues, &c. Papers relative to the Mahratta war. Papers respecting Prince of Wales's Is- land. Treaties, engagements, and correspond- ence between the British Government and the Mogul. K 132 ASIATIC DEPENDENCIES. Tear. 1806 1806-7 1807 1808 1809 1810 1810-11 1818 1813-13 1813-14 1814-15 1816 1817 1818 Sessional Number, 158 S05 94 3 24 54 43 ri94) [ 340 / 91 368 375 337^ 328 165 300 186 343 153 154 J 194 264 188 39 333 381 310 389 65 Farliamentary Beports, &c. Accounts of annual revenues, &c. Political correspondence relative to Oude. Papers relating to the affairs of the Car- natic. Accounts of annual revenues, &c. Correspondence of Marquess Comwallis with the Court of Directors. Accounts of annual revenues, &c. Eeport of Committee on East India pa- tronage. Eetum of writers and cadets sent to India by the Company. Accounts of annual revenues, &c. Accounts of annual revenues, &c. Papers relating to the Christians in Malabar, Roman Catholic Chapel, temple of Juggernaut, missionaries in Bengal, &c. Return of answers of circuit judges respecting the religion of the Hindoos; also respecting missionaries, and the first introduction of Christianity into In- dia. Accounts of annual revenues, &c. Regulations passed by the Governments of the three Presidencies. Accounts of annual revenues, &c. Papers relating to the war in Nepaid;- Regulations passed by Governments of the three Presidencies. BRITISH INDIA. 133 Year. 1818 1819 1820 1821 1822 1823 1824 1825 1826 1826-27 1828 1829 1830 1831 1831-32 1833 Sessional Number. 362 299 j89 191 596-618 433-446 406-431 346 460 315 354 360 508 18 158 349 \ 410 / 330 ( 325 J 129 201 240 60-682 633 450/ 734-5 125 126 370 378 549 Farliamentary Bepoits, &c. Accounts of annual revenues, &c. J Papers relating to the Burmese, war, and to discussions with that Government. Papers relating to the burning of Hin- doo widows, and volimtary immolation. Eegulations passed by the Governments of Bengal, Fort St. George, and Bombay. Accounts of annual revenues, &c. Eegulations of the Governments of the three Presidencies.' Eules relating to juries in the Supreme Court of Judicature at Fort William, in Bengal. Eegulations of the Governments in the three Presidencies. Accounts of annual revenues, &c. Eegulations of the Governments at the three Presidencies. Accounts of annual revenues, &c. Eeturns of East India civil offices. Accounts of annual revenues, &c. Eeports from Select Committee ap- pointed to consider the present state of the affairs of the East India Company, with an Appendix on the state of society among the Asiatic subjects of Great Britain. Correspondence and papers respecting the renewal of the East India Company's Charter. 134 ASIATIC DEPENDENCIES. Year. 1833 1836 1837-8 1839 Sessional Number. 1840 1841 1849 271 ( 277 ) (764/ 518 51 156 673 40 431 552 627 6141 S2J 39 86 97 428 328 58 200 585 Parliamentary Beports, &c. Accounts of annual revenues, &c. Eegulations of the Governments of the three Presidencies. Report on salt monopoly in India. Accounts of annual revenues, &c. Regulations of the Governments of the three Presidencies. Copy of the penal code prepared by the Indian Law Commissioners, published by command of the Governor-General in Council. Treaty with Eunjeet Singh and Shah Shujah-ool-Moolk at Lahore, June 26, 1838. Various papers relating to the present state of steam communication with India by the various routes, and expenses in- curred. Accounts of annual revenues, &c. Minute by the Governor-General of India on the cultivation of cotton in the East Indies, and comparative cost of pro- ducing cotton-yam in England and in India. Accounts of annual revenues, &c. Acts of the Government of India. Correspondence between the Govern- ment of India and the Court of Directors relative to contributions to Hindoo tem- ples. Statements showing the pay and allow- ances of Her Majesty's troops serving in India. Despatch from the Court of Directors on the further severance of Government from all connection with the idolatry and superstition of Mahommedans and Hin- doos. Acts of the Government of India. Accounts of annual revenues, &c. Special reports of the Indian Law Com- missioners. BRITISH INDIA. 135 Sessional Number. 300 (313 -{ 489 (490 613 f3671 1506/ 373 18 406 14 68 190 439 713 ;330J rl33^ 137 167 184 306 330 345 1361J 431 481 511 974 453 Parliamentary Reports, &c. Proclamations of the Governor-General of India respecting the gates of the tem- ple of Somnauth and the evacuation of Affghanistan. Special reports of the Indian Law Com- missioners. Treaties ■wiih the Ameers of Scinde and other conventions, and correspondence re- lating thereto. Papers relating to infanticide in India. Accounts of annual revenues, &c. Special report of the Indian Law Com- missioners. Acts of the Government of India. Accounts of annual revenues, &c. Special reports of the Indian Law Com- missioners. Reports relating to railways in India. Papers relating to Scinde. Eetum of papers in possession of the East India Company showing the mea- sures taken to promote the cultivation of cotton in India since 1836. Report relating to cotton in Bombay. Special reports from the Indian Law Commissioners. Eight reports from Select Committee on sugar and coffee planting in the East In- dies, with minutes of evidence, appendix, and index. Eetum of register of ships built in the Hooghlyfrom 1781 to 1846. Accounts of annual revenues, &c. Eeports froni Select Committee on the growfli of cotton in India, with minutes of evidence, appendix, and index. Statistics of education in India. Accounts of annual revenues, &c. 136 ASIATIC DEPENDENCIES. Year, 1849 1850 1851 Sessional Number. 631 479 669 759 1203 17 90 119 919 976 396 385 583 605 639 Parliamentary Eepotts, &c. Communications on the connection of the Government of British India with idolatry or Mahommedanism. Accounts of annual revenues, &c. Documents relative to the revenue and expenditm-e of the State of Sattara since the death of the rajah, under the adminis- tration of the East India Company. Treaties, Acts, and Ordinances, relating to the Koman Catholic Church. Eeport of Commissioners on law of marriage in the East Indies. Laws passed by the Governor-General and Council in India, in 1847, 1848, and 1849, with indexes. Cofrespondence between the Govern- ment of Ifldia and the Court of Directors, and the Government of Bombay and the resident Commissioner at Sattara, relative to the annexation and government of that territory. Statement showing the cost of postal communication with the East Indies. Reports and statements relative to the grand trigonometrical survey of India: Communications relating to the con- nection of the Government of British In- dia with idolatry or Mahommedanism. Accoimts respecting the annual revenues for the last three years. Home accounts of the East India Com- Eetums showmg nature of exammation of cadets before appointment or promo- tion in the service of the East India Com- pany. Second report from Select Committee on steam communication with India. Return of all roads, bridges, factories, docks, and all other public works, com- pleted in India by the East India Com- pany within the last ten years, with cost thereof. BRITISH INDIA. 137 Year. Sessional Nnmber. Parliamentary Keports, &c. 1851 1852 1852-53 659 41 60 73 338 87 361 437 484 533 561 41 73 369 '426'^ 479 556 492 768 U97> Statement of nature and locality of maritime surveys undertaken by the East India Company since 1820. Lords' report on Indian territories. Copies of all documents furnished by the Eesident at Sattara to the Bombay Govern- ment, showing revenues of Sattara, and charges thereon, under the administration of the East India Company. Papers relating to Meer Ali Morad. East India Acts for 1850, with index. Returns relating to postal communica- tion in India. Eeturn of number of scholars in the several educational establishments of the several Presidencies of British India, dis- tinguishing Christian, Mussulman, and Hindoo scholars, and whether the Chris- tian Scriptures are used in such schools. Accounts of annual revenues, &c. Home accounts of the East India Com- pany. Eeport from the Select Committee on Indian territories, with minutes of evidence, appendix, and index. Correspondence between the Bombay Government and the authorities at home on the trade of Scinde and the establish- ment of an annual fair at the port of Cur- rachee. Eeport from the Select Committee (House of Lords) on Indian territories, with index. Papers relating to Meer Ali Morad and the affairs of Scinde. Statistical papers, recently prepared, re- lating to India. First, second, third, fomrth, fifth, and sixth reports from Select Committee on Indian territories, with appendix and in- dex. 138 ASIATIC DEPENDENCIES. Year. Sesaional ITumber. FarliamentaTy Beports, &c. 1858-3 439 505 556 560 615 697 633 681 770 787 883 884 998 948 975 988 I 407 I (987 j Papers relating to the Bajah of Sattara. Territorial accounts of the East India Company. Third report from Select Committee on India. Home accounts of East India Company. Papers relating to Djackee Dedajee's attempt to bribe the Bombay Government (with lithographs annexed). First, second, and third reports from the Lords' Committee on Indian territo- ries. Correspondence respecting the Govern- ment of India, betvyeen the Board of Con- trol and Directors. Returns relating to East India Proprie- tors, their voting, and the patronage of Directors since 1834. Instructions to the Governor-General of India respecting Sir James Brooke. Correspondence relating to railways in India. Eetums of the subjects of the Guicowar enjoying the British guarantee. Papers relating to public works, and financial letters from Madras. Eetums of East Indian importations. List of covenanted and uncovenanted servants on the East India civil service. Monies disbursed by way of gratuities in the East Indies at the three President cies. Despatch respecting the allowance to the temple of Juggernaut from the Trea- sury. Papers illustrative of the revenue sur- vey and assessment of Bengal and Bombay, with plans. Eeports and returns relative to public works in Bengal, Madras, and Bombay. Instructions from the Court of Directors to the Government of India respecting public works. BRITISH INDIA. 139 Tear. 1853-3 1854 Sessional Kumber. Failiamentaiy Beports, &Q. 1855 897 21 29 80 131 188 213 224 247 251 \ 272 j 292 318 393 413 416 418 483 497 513 514 34 183 226 Index and appendix to reports on Indiajn territories. Eeport of Commissioners on public works in Bengal and Bombay. Eetum of sums spent on education in India since 1834. Papers relative to Sir Charles Ifapier's resignation. Memorandums of Major Kennedy, with plan respecting railways in India. Correspondence respecting the claims of Meer Oomaid Sing. Eetum relating to public works in India. Eetum of the quantity of land under cul- tivation in the East Indies, and papers re- specting public works. Correspondence respecting the China expedition! Accounts of annual revenues, &c. Home accounts of East India Company. Correspondence relating to railways in India. Despatch relating to education in India. Letter from Court of Directors respect- ing public works in. India. Eetums relating to the Eajah of Berar. Papers relative to the Nizam's terri- tory. Eeports on the administration of Scinde. Correspondence respecting postage in India. Despatch from the Comt of Directors respecting military appointments in India. Eetum of number- of divisional and brigade commands in the army in India. Papers relating to Assistant-Surgeons in the East India Civil Service. Eeturn respecting torture by the police in India. Eeturn of sums paid and remaining due for Gamatic debts. 140 ASIATIC DEPENDENCIES. Tear. Sessional fTumber, Parliamentary Reports, &c. i 1855 343 943 353 373 Eeceipts and charges from 1850 to 1854 respecting Sattara. Eeports respecting telegi-aphs in the East Indies, with a pla,Ti. Territorial accounts of the East India Company. Abstract of correspondence respecting railways in India. CEYLON. Ceylon is situate between the parallels of 5° 55' and 9° 48' N. latitude, and the meridians of 79° 55' and 82° E. longitude, and comprises an area of about 24,000 square miles. The island was known and visited by the Greeks, Romans, and Venetians ; and, in the sixteenth century, colonised by the Portuguese, who, in the seventeenth century, were dispossessed by the Dutch. In 1796, the Enghsh forces under Colonel Stuart dispossessed the Dutch, and their Settlements in Ceylon were first annexed to the Presidency of Madras ; but afterwards, in 1798, con- stituted a separate Colony under Governor the Honourable Frederick North. By three several Charters under the Great Seal, dated respectively April 18, 1801, August 6, 1810, and October 30, 1811, provisions were made for the administration of justice in Ceylon ; and by the last of these trial by jury was introduced. By the provisions of this Charter, every man has a right, in criminal cases, CEYLON. 141 to be tried by thirteen persons of full age of his own caste. At a convention held in the city of Kandy, March 3, 1815, between Lieutenant-General Brownrigg, on behalf of the British Government, and the principal Kandyan Chiefs, the reigning Rajah, of Malabar race, was solemnly deposed, and the dominion of the Kan- dyan Provinces was declared to be vested in the Sove- reign of the British Empire, and to be exercised through the Governors of Ceylon for the time being, saving certain secular and religious native rights and privileges.. By letters patent, under the Great Seal, dated April 23, 1831, a Council of Government was ap- pointed in Ceylon, and by a supplementary com- mission to Sir Wilmot Horton, the Governor, dated March 19, 1833, the form of government now exist- ing in the Island was established. By Charter of Justice of the same date, a Supreme Court of the Island was constituted, to be holden at Colombo, with power to issue writs of Habeas Corpus. District and Circuit Courts were established at the same time. The laws and usages of the Cingalese, except where repugnant to the laws of England, still exist, and the Roman-Dutch law was administered in the Supreme Court long after the British conquest, and still prevails in the maritime provinces. The present constitution of Ceylon consists of a Go- vernor appointed by the Crown, aided by an Executive Council of five members, namely, the Second Officer in Command, the Colonial Secretary, the Queen's Advocate, the Treasurer, and Auditor-General. 143 ASIATIC DEPENDENCIES. There is also a Legislative Council of fourteen members, including the above-mentioned members of the Executive Council and other unofficial mem- bers, being the chief merchants and proprietors in the Colony, appointed by the Governor, subject to the confirmation of the Crown. In 1845, certain official appointments in the Colony were first thrown open to the Natives. The salary of the Governor-General and Com- mander-in-Chief of Ceylon is 7000/. per annum. The following abe the names of those who hate held the Office of Govbbnob of Ceizlon, with the Dates of theie eespective Patents. Frederic North, March 86, 1798. Sir Thomas Maitlaud, January 15, 1805. Lieut.-General Sir Eobert Brownrigg, October 4, 1811. Sir Edward Paget, November 4, 1830. Sir Edward Barnes, April 22, 1 823. Sir Eobert Wilmot Horton, April 23, 1831. Eight Hon. J. Alexander Stewart Mackenzie, April 1, 1837. Sir Colin Campbell, January 16, 1841. George, Viscount Torrington, March 27, 1841. Sir George W. Anderson, September 24, 1850. Sir H. G. Ward, February 8, 1855. OEDEES IN COUNCIL EELATING TO CEYLON. Year. 1798 1823 1830 Orders in Council. (April 18.) Approving Commission for trial of pirates at Ceylon. (January 31.) For regulating the trade between Ceylon and foreign States in amity with His Majesty. (Eevoked by Order, April 26, 1845.) (November 1.) Making provision respecting the issue of writs of Habeas Corpus at Ceylon. CEYLON. 143 Orders in Council. (August 10.) Approving Commission and instruc- tions to Sir E. J. Willmot Horton, Governor and Commander-in-chief at Ceylon. (April 13.) Por abolishing the system of forced labour at Ceylon. (February 4.) Approving Charter for regulating the administration of justice in Ceylon, and directing the Lord Chancellor to pass the same under the Great Seal. (March 4.) For continuing in force an Order of November 1, 1830, respecting writs of Habeas Cor- pus. (January 3.) Approving instructions to the Gover- nor for the appointment of the Auditor-General as Member of the Executive Council in the room of the Government agent of the central province. (August ] 0.) For granting a Charter of Incorpora- tion to the Bank of Ceylon. (May 8.) For admitting into the United Kingdom sugar, the produce of and imported from Ceylon, on payment of the same duties as may at the time be payable on sugar, the produce of and imported from the British possessions in India. (August 11.) Confirming, with amendments, an Ordinance passed by the Governor and Council in October, 1840, to prevent encroachment on Crown lands. (April 27.) Confirming, with amendments, the Ordinance of the Governor and Council amending the laws relating to vagrants. (June 3.) For allowing rum and rum-shrub, the produce of and imported fi:om Ceylon, to be admitted into the United Kingdom. (December 10.) Authorising the Governor and CouncU of Ceylon to amend the Charter of Justice of February 18, 1833. (June 19.) Eevoking so much of letters patent of January 18, 1843, as enable the Governor and Legis- lative Council to alter the Charter of Justice of Cey- lon. (April 36.) For regulating the trade of Ceylon. (June 17.) Approving instructions to Governor as to time from which ordinances passed by Legislative Council are to take effect. 144 ASIATIC DEPENDENCIES. Tear. 1848 1853 Orders in Council. (April 15.) Approving additional instructions to the Governor respecting tiie place at which grants of land shaU be delivered. (December 39.) Confirming an Ordinance of Go- vernor and Council of August 31, 1853, respecting temporary appointments to certain offices. PAELIAMENTABY EEPOETS, ACCOUNTS, AND PAPERS RELATING TO CEYLON. Tear. Sessional Number. 1819 319 1825 513 . 1838 593 1829 344 1831-2 274 1833 332 1834 228 1840 527 a 1843 568 1847-48 41 Parliamentary Bepoits, &c. Papers relating to the war in Ceylon. Papers relating to the government of the island. Accounts of colonial debt, revenue, esta- blishments, and salaries paid in Great Britain, and returns relating to cinnamon trade. Returns of civil and military establish- ments of the East India Company main- tained on the island, from 1796 to 1798. Reports of Colonel Colebrooke and D. H. Cameron on judicial establishments and procedure in Ceylon. Charter for improving the administra- tion of justice in Ceylon. Letters irom Sir Robert Wilmot Hor- ton to the Secretary for the Colonies on the salt monopoly in Ceylon. Ordinance of Governor and Council for establishing a new tariff of duties on ex- ports and imports. Correspondence relative to the abolition of slavery on the island. Returns of exports and imports of the island, and also of aggregate expense of Customs establishments. HONG KONG. 145 Tear. Sessional Number. Parliamentary Eeports, &c. 1849 1850 1851 1853 1852-3 f S79) (591] I ^°^ [ (605 J 36 99 7 634 j 414 1413 571 88 410 927 919 985 First, second, and third reports of the Select Committee on Ceylon, with minutes of evidence, appendix, and index. First, second, and third reports of Se- lect Committees, with evidence, appendix, and index. Fourth report of Select Committee on Ceylon. Copy of report of Commission sent to Ceylon, with correspondence thereon. Account of total charge to -the British Government of the military establishments at Ceylon. Papers relating to the court-martial held on Captain Watson at Ceylon. Instructions to the Governor of Ceylon as to repeal of export duty on cinnamon. Eeturn respecting the expenses of the Ceylon Commission, and specially of the inquiry respecting Captain Watson. Despatch respecting idolatry in Ceylon, Eeply to Sir John Pakington's de- spatch. Eeturn respecting lighthouses and bea- cons on the coast of Ceylon. Despatch from the Duke of Newcastle respecting idolatry in Ceylon. HONG KONG. An island off the Chinese Coast, situate in latitude 22° 12' N., and longitude 114° 13' E.,* comprising an area of about 27 square miles. The island was ceded to Great Britain by Treaty with China, dated June 25, 1843. The Government is administered by a Governor, * Victoria. 146 ASIATIC DEPENDENCIES. aided by an Executive Council of three members, including the Commanding Officer of the troops. There is also a Legislative Council, over which, likewise, the Governor presides; and of which, the Chief Justice, the Attorney- General, and the Colo- nial Treasurer are members. The Episcopal Diocese, called Victoria, was esta- blished by patent, dated May 11, 1849. The Governor and Commander-ux-Chief of Hong Kong, who is also Chief Superintendent of trade in China, receives a salary of £4000 per annum.* The following have held the Office: — Sir H. Pottinger, February 24, 1843. J. Davis, Esq., March 4, 1846. S. Q. Bonham, Esq., November 23, 1847. J. Bowring, Esq., December 29, 1858. OEDERS IN Council relating to hong KONG. Year. .]843 1844 Orders in Oouncil. (January 4.) Directing that the court of justice appointed by Order of December 9, 1888, to be holden at Canton, or on board any British vessel in that port, shall henceforth be holden in the island of Hong Kong. (April 3.) Approving device of a seal for the Go- vernment of Hong Kong. (October 2.) For enabling the Governor to suspend the operation of any of the Orders made December 9, 1833, January 4 and February 24, 1848. (April 17.) Authorising Her Majesty's consuls and vice-consuls in China, and certain other persons, to * £2000 only is now voted by the Imperial Parliament. HONG KONG. 147 Year. 1844 1845 1852 Orders in Council. exercise jurisdiction over British subjects in China, in civil and criminal matters, and appointing Hong Kong as a British Colony, wherein crimes and offences committed -within the Chinese dominions may be inquired of, tried, determined, and punished. (November 28.) Approving proclamation giving effect to an alteration in the rate at -which the doUar or rupee shall be issued at Hong Kong in 'payment of salaries or other transactions, -with reference to British currency, and for the further regulation of the standard of value there. (December 23.) Approving additional ' instructions to the Governor, permitting and regulating appeals from the Supreme Court of Hong Kong. (December 33.) For appointing a Vice-Admiralty Court at Hong Kong. (October 16.) Approving proclamation limiting the tender of silver coins at Hong Kong. PAELIAMENTAEY EEPOBTS, ACCOUNTS, AND PAPEES EELATING TO HONG KONG. Tear. Sessional Number. Parliamentary Reports, &c. 1844 1847 484 743 - Estimate of amount required to defray the charge of the British Settlement at Hong Kong, and of the consular establish- ments at the five ports open to British trade in China. Correspondence between Mr. Montgo- mery Martin and the Secretary of State relating to the resignation of the office of Treasurer of Hong Kong. L 2 148 ASIATIC DEPENDENCIES. LABUAN. Labuan is situated in latitude 5° 14' N., and longitude 115° 16' E., about twenty miles from the western coast of Borneo, in the Malay Archipelago. It was incorporated with the British Empire by Treaty, bearing date December 18, 1846, made be- tween the British Government and the Sultan of Borneo.' By letters patent, dated December 15, 1847, James Brooke, Esq., was appointed Governor of Labuan, By commission and instructions of the same date, he is authorised to appoint two Justices of the Peace there to be members of the Legislative Council of Labuan. By letters patent, dated April 3, 1848, a Court of Vice- Admiralty was appointed in the Island. An Episcopal Diocese was established in Borneo, in which Labuan is included, by Patent, dated Au- gust 6, 1855. The salary of the Governor of Labuan is £800 per annum. PAKLIAMENTARY EEPOETS, ACCOUNTS, AND PAPEES RELATING TO LABUAN AND BORNEO. Tear. Sessional Number, Parliamentary Eeports, &c. 1847-8 460 Instructions to the Governor of the new settlement of Labuan, and correspondence on the subject with the Treasury. 1850 663 Correspondence relating to Labuan. 1854 13 Supplemental return relating to head- money at Borneo. 1771 Papers respecting Sir James Brooke. AFRICAN DEPENDENCIES. 149 CHAPTER IV. AFRICAN DEPENDENCIES. I. SOUTHEBN, — COMPRISING THE CaPE OF GoOD HoPE, Bbitish Kaffeaeia, aud Natal. II. Western, — comprising Sierra Leone, the Gambia Settlements, and the Gold Coast Settlements. III. Mauritius. IV. St. Helena and Ascension Island. CAPE OF GOOD HOPE. The Cape Colony is that portion of South Africa which is bounded, on the north by the Orange River and its tributaries, on the east by the Kei and the Keiskamma ; and comprises an area of about 200,000 square miles. Its southern point was called first, by Diaz, a Portuguese commander under John II., who discovered it, in 1486, on a voyage to India, " The Cape of Storms," afterwards " Cape of Good Hope j " and was, during the fifteenth and sixteenth centuries,; used chiefly as a station for Portuguese, Dutch, and English ships bound to and from India. In 1652, the Colony was formally settled by the Dutch East India Company under Van Riebeck. During the seven- teenth and eighteenth centuries, the government was committed by them to various commanders,^ over a 150 AFRICAN DEPENDENCIES. miscellaneous population of (besides Dutch) Prus- sians, Hanoverians, Memings, Poles, and French refugees, whom the revocation of the Edict of Nantes had driven thither. Predatory warfare and traffic was, during this period, carried on with the Hotten- tots, Bosjesmans, and Kaffirs. In 1793, the Boers rebelled, expelled the Dutch governor, and. at- tempted to estabHsh a repubhc. In 1797, a British force having previously occupied Cape Town, Lord Macartney was sent to the Cape as British governor. The Colony was again ceded to th6 Dutch in 1799, at the Peace of Amiens ; but, in 1805, teoCctipifed by the British, and taken by Sir David Baird. Thfe slave trade from Guinea, which had been carried on in the previous century, was abolished in 1808. Per- secution of the Hottentots and wars with the Kaffirs continued during the Governments of Lord Caledon, Sir J. Cradock, Lord C. Somerset, Sir B. D'Urban/ and Sir Lowry Cole; and from 1815 till 183 6^ when theit territory was restored by Lord Glenelg, a continuous border war with the Kaffirs was main- tainedi which has, with more or less interruption, lasted to the present day. The government of the Colony, which had, under the Dutchj been adminis- tered by district councils and magistrates (Land- roOst), was, on its final occupation by Great Britain^ in 1806, committed to a Militarv Governor sent from England. This system lasted till 1835^ when an Executive Council was formed, which consisted, till the late changes, of the Colonial Secretary, the Treasurer-General, the Attorney- General, the princi- CAPE OP GOOD HOPE. 151 pal Officer of Customs, and the senior Commanding Officer. A Legislative Council of. twelve members — six official and six unofficial — was also constituted, all nominated by the Governor, subject to the confirma- tion of the Crown. The Colony was, at the same time, divided into two provinces : the Western, in which the metropolis. Cape Town, is situate ; and the Eastern, of which Graham's Town is the capital. These were again divided into twenty counties or divisions, which were further partitioned into about 275 field-cornetcies or wards. The administration of Justice at the Cape was committed, by the Dutch, to the Landroosts and the Heemraden, or District Councils of Burghers. There was also a Weis- kammer, or Orphan Court, for managing the effects of minors and orphans, and an inferior Court, called the Court of Commissaries. A Charter of Justice was granted in 1827 j and by a subsequent Charter, dated May 4, 1832, Supreme and Circuit Courts were constituted in the Colony. Trial by jury has been also introduced. The Government established in 1835 continued till 1850, when, by letters patent, dated May 23, 1850, the Governor and Council were empowered to enact two Ordinances for the estabUshment of a Reprpsen- tative Government, which Ordinances were afterwards amended and confirmed by Her Majesty in Council. The constitution thus established consists of two Elective Chambers — a Legislative Council, and a House of Assembly. The Council is composed of fifteen members and the Chief Justice for the time 153 AFRICAN DEPBITDENCIES. being; five forming a Quorum. The House of Assembly consists of forty-six Members ; twelve, with the President, forming a Quorum. House or land holders to the amount of £35 per annum, and re- ceivers of salary to the amount of £50 per annum, are electors qualified to vote, in every district where they have property, for members of the House of Assembly, in one only for members of the Legislative Council. The salary of the Governor and Commander-in- Chief was, in 1854, £5000 per annum.* Among those who have held the office of Govebnoe aee THE following, with the Dates of theib kespective Commissions. George, Earl Macartney, December 30, 1796. Sir-George Yonge, Bart., March 33, 1799. Dupre, Earl of Caledon, July 10, 1806. Sir J. P. Cradock (afterwards Lord Howden), April 9, 1811. Lieut.-General Lord Charles Somerset, November 2, 1813. Sir G. Lowry Cole, March 20, 1828. Sir Benjamm D'Urban, October 23, 1833. Sir George Napier, November 4, 1837. Lieut.-General Sir Peregriae Maitland, December 19, 1843. Sir Henry Pottinger, Bart., October 1, 1 846. Sir H. G. Wakelyn Smith, Bart., December 15, 1847. Major-General Hon. G. Cathcart, January 10, 1852. Sir George Grey, K.C.B., July 24, 1854. * By patents, dated June 25, 1S47, Nov. 23 and Dec. 8, 1853, the episcopal dioceses of Cape Town and Graham's Town were created, the former including British Kaffraria and St. Helena. CAPE OF GOOD HOPE. 153 ORDERS IN COUNCIL RELATING TO THE CAPE OF GOOD HOPE. Orders in Oouocil. (November 20.) Ordering Secretary of State to prepare Commission for establishing Court of Vice- Admiralty at the Cape of Good Hope. (December 88.) For regulating the trade to and from the Colony of the Cape of Good Hope. (January 4.) Approving Commission for trial of pirates there. (January 24.) For regulating the trade of the Colony. (February 11.) Empowering the Governor to grant licences to import, in British vessels, goods from the Spanish Colonies in America, and to export goods from the Cape of Good Hope to those Colonies; also forbidding commanders of ships of war and privateers to molest vessels engaged in that trade. (May 13.) Authorising the Governor to impose a duty of 15 per cent, on all goods not of British or Irish manufacture. (AprU 12.) For regulating the trade to and from the Colony. (Partly revoked by Order, April 12, 1820.) (July 12.) For regulating the trade to and from the Colony. (November 14.) For altering the duties on certain articles, being the produce or manufacture of the United Kingdom, imported into the Colony. (September 19.) For further regulating the trade of the Colony. (May 3.) Approving report of Committee on peti- tion of Orphan Chamber from the Colony. (March 20.) Approving commission and instructions to Sir Galbraith Lowry Cole, G.C.B., Governor and Commander-in-Chief (November 24.) Confirming, with amendments, an Ordinance of the Governor of the Colony for regu- lating the re-establishment of the Orphan Chamber, and for the better administration of estates held in trust for the members thereof (January 15.) Confirming an Ordinance of the Lieu- tenant-Governor for the regulation and good govern- 154 AFRICAN DBPBNBElifCIES. Tear. Orders in Council. ment of Hottentots, and other free persons of colour, ■within the Colony. 1830 (February 3.) For improving the condition of the slave population in the Colony. 1832 (February 6.) For adapting to the circumstances of the Colony certain provisions of an Order of Novem- ber 2nd last, for improving the condition of slaves in Colonies having Legislative Assemblies. (February 22.) For regulatmg the. trade of the Colony. (November 6.) Amending Order of November 2, 1831, for improving the condition of the slaves in the Colony. 1833 (August 13.) Approving commission and instruc- tions to Major-General Sir Benjamin D'Urban. 1834 (June 10.) For gazetting general rules framed under statute 3 & 4 Will. IV. cap. 73, for abolition of slavery in the Colony. 1835 (April 1.) Approving certain rules for regulating claims for compensation under statute 3 & 4 Will. IV. cap. 73. (April 1.) Eevoking so much of Order of February 23, 1822, as prohibits the importation of tea into the Colony, except from the United Kingdom. 1836 (February 3.) Approving letters patent for dividing the eastern provinces of the Colony into a separate and distinct Government, and providing for the ad- ministration thereof. (Eevoked by Order, January 22, 1852.) (April 13 ) Declaring Port Elizabeth to be a free warehousing port. (June 16.) Approving device for a seal for the Government of tiics eastern division of the Colony. 1838 (February 15.) Confirming, with certain exceptions, an Ordinance enacted by the Governor and Legis- lative Council, for the better observance of the Lord's Day. (Revoked by Order, February 4, 1839.) 1839 ■ (February 20.) For saving to the Clergy and minis- ters of the Christian religion in the Colony, the hereto- fore existing rights to fees on celebration of marriage. 1840 (April 3.) For repealing so much of an Order of September 7, 1838, as respects marriages solemnised according to the ritual of the Dutch Eeformed Church. CAPE OP aOOD HOPE. 155 Orders in Council. (August 10.) For levying Customs dues at the Cape of Good Hope. (Amended by Order, May 8, 1841, and March 11, 1843.) (August iJT.) Confirming Ordinance of March 1, 1841, amending and consolidating laws regulating the rights and duties of masters, servants, and ap- prentices. (February 1.) Empowering the Governor to exercise prerogative of pardon in cases of treason and murder. (October 3.) EevoMng certain prohibitions on the importation of foreign meat, and the produce of foreign countries, into the Colony. (November 10.) Authorising the Governor and Legislative Council to pass laws and ordinances pro- viding for the better administration of justice. (May 33.) Approving letters patent for annexing Natal to the Settlement of the Cape of Good Hope. (December 13.) For continuing in force till June, 1846, an Ordinance regulating the rights and duties of masters and servants. (April 36.) For equalising the duties on French brandy with those on other foreign spirits imported into the Colony. (June 30.) Disallowing Ordinance of December, 36, I844, directing that certain ordinances shall take effect from date of promulgation, and defining the period from whence they shall take effect. (January 31.) Confirming an Ordinance of March 1, 1841, regulating the relative rights and duties of masters and servants, and apprentices. (January 18.) Confirming certain rules concerning emancipated slaves brought into the Colony and its dependencies. (April 34.) Repealing all former Orders respecting the trade of the Colony, and regulating it for the future. (Amended by Order, September 38, 1847.) (July S3.) Declaring Colony to be a place to which offenders sentenced to transportation in Mauritius by courts-martial may be conveyed. (September 4.) Appointing Colony a place to which felons and other offenders under sentence of trans- portation or banishment may be conveyed. (Eevoked by Orders, January 8, 1850, and June 35, 1851, and January, 1854.) 156 AFRICAN DBPBKDBNCIES. Tear. Orders in Council. 1848 (October 31.) Gi-ving validity to three Ordinances passed by the Legislature of the Colony, to which there is no evidence of the Governor's assent : to wit, 1^ Amending law respecting appointments of officers of the Supreme Court ; 9. Eelating to apprehension and trial of prisoners ; 3. Amending law relating to Grand and Petit Juries. (October 31.) Imposing duty of 3«. Sd. per gallon on spirits imported into the Colony, and permitting delivery, duty free, of one gallon of spirits for every ten gallons of Cape wine exported. (December 13.) Declaring ports of Waterloo Bay and East London free warehousing ports. (Eevoked by Order, March 1, 1849, so far as regards Waterloo Bay.) 1849 (January 31.) Providing for summary trial of felons and other offenders transported from the United Kingdom to the Cape of Good Hope, for offences committed in the Colony, and for the discipline of such as may be employed on roads and public works. (July 13.) Approving report of Committee on cor- respondence between Earl Grey and the Governor of the Colony relating to the several acquisitions of ter- ritory adjacent thereto. (November ] 3.) Appfoving letters patent for erect- ing the territories of British Kaffraria into a separate and distinct Government; and for empowering the Governor of the Cape Colony to make laws for the government of the said territories. Also, approving commission and instructions to the Governor in that behalf. 1850 (January 30.) Approving commission and letters patent to Governor empowering him to pass an Ordinance, with advice and consent of his Legisla- tive Council, for constituting a Parliament, to consist of the Governor, Legislative Council, and House of Assembly. (January 30.) Approving report of Committee for trade on various papers relative to the establishment of a Eepresentative Legislature at the Cape of Good Hope. 1851 (Marck 33.) Approving commission and instruc- tions to the Governor for erecting the Orange Kiver Sovereignty into a distinct and separate Government, CAPE OF GOOD HOPE. 157 Tear. Orders in Council. 1851 1853 1853 1854 1855 and empowering the Governor to make laws for the government of that territory. (May 5.) Approving instructions to the [Governor reducing the number of the Legislative Coiiucil. (June 85.) Approving devices of seeds for the Go- vernment of British KaHraria and the Orange Kiver Sovereignty. (March 5.) Enabling Legislature to alter and re- peal certain Customs duties. (March 11.) Confirming, with amendments, Ordi- nance enacted by Governor and Legislative Council, for constituting a Parliament for the Colony. (March 11.) Confirming an Ordinance for regulat- ing, in certain respects, the appropriation of the reve- nue of that Colony by the Parliament thereof. (January 30.) Eevoking Her Majesty's letters patent of March 33, 1851, constituting the Orange Eiver territories a distinct Government. (January 30.) Approving proclamation making known the abandonment of the sovereignty over the Orange Eiver territories. (January 30.) Approving Charter and instructions to provide for the future government of the territo- ries of British Kaffraria. (July 24.) Approving commission and iastmctions to Governor Sir George Grey, K.C.B. (March 10.) Suspending the prohibition against the importation into the Cape of Good Hope of foreign reprints of English books. PAELTAMENTAEY EEPOETS, ACCOUNTS, AND PA- PEES EELATING TO THE CAPE OF GOOD HOPE. Tear. 1816 1817 1819-20 Sessional Number. 214-15 225 58 Parliamentary Beports, &c. Eetum of offices held at the Colony of the Cape of Good Hope. Eeturn of value of imports and exports. Account of revenues of the Cape of Good Hope. 158 AFRICAN DEPENDENCIES. Tear. 1837-88 1830 1834 1836 1846 1847 1848 1849 1850 1851 Sessional Number. 1853 383 U06 584 617 379 400 786-) f913i 1969 j 86 111381 fll871 11334 J U388) [ 434 1363 635 683 337 89 57 Parliamentary Beports, &c. Eeports of the Commissioners on the administration of the government and finances of the Colony, with documents. Eeports of Commissioners of Inquiry into the condition of the native tribes of South Africa. Papers relative to proclamations at the Cape of Good Hope with respect to abori- gines. Papers relative to the Kaffir War and the death of Hintra. Application for Eepresentative Govern- ment. Correspondence with the Governor of the Cape of Good Hope relative to the state of the Kaffir tribes on the eastern frontier of the Colony. Correspondence relative to the rebellions of the Boers. Despatches relating to convict discipline and the employment and reception of con- victs at the Cape of Good Hope. Corre^ondence relative to the establish, ment of a Eepresentative Assembly at the Cape of Good Hope. - Con'espondence with the Governor rela- tive to the state of the Kaffir tribes on the eastern frontier. Correspondence relative to the establish- ment of a Eepresentative Assembly at the Cape of Good Hope. Eeport of Select Committee on Kaffir tribes. Eeturn of Her Majesty's troops employed in South Africa since 1843, in each year, and abstract of expenditure of Great Bri- tain on South Africa during that time. Estimate of sums required for the Kaffir war beyond ordinary grants for army, navy, ordnance, and commissariat services. Eeturn of troops employed in Soutli Africa. Copies of all Ordinances passed by the CAPE OP GOOD HOPE. 159 Tear. Sesssional Number. Parliamentary Reports, &c. 1852 1853 1854 107 124 544 a334^ 1352 1380 1428J 1360 1427 130 258 264 (15811 116361 1635 1640 /1646) U768J Legislative Council of the Cape of Good Hope since its recent reconstruction. Estimates of sums required for the cost of the Kaffir war, beyond ordinary grants for army, navy, ordnance, and commissa- riat services. Eetimi of white and coloured popula- tion of the Colony in the several districts of the eastern and western divisions, and also of British Kaffraria. Treasury minute directing Commission- ers of Audit to prepare account of extraor- dinary expenses of the Kaffir war. Correspondence with the Governor of the Cape of Good Hope on the state of the Kaffir tribes and the recent outbreak on the eastern frontier of the Colony. Correspondence with the Governor on the assumption of sovereignty over the ter- ritory between the Vaal and Orange Elvers. Correspondence relative to Qie esta- blishment of a Eepresentative Assembly at the Cape of Good Hope. Eetum of petitions received from the Cape of Good Hope, and of letters patent appointing the Governor and Lieutenant- Goveimor. Eeturn of number and cost of troops in South Africa. Estimate of further sums required for the Kaffir war. Further papers relative to a Eepresenta- tive Assembly at the Cape of Good Hope. Correspondence relating to the Kaffir tribes and recent outbreaks on the eastern frontier. Two Ordinances enacted by the Go- vernor and Council of the Cape of Good Hope constituting a Parliament for the Colony, and regulating the appropriation of the revenue thereof by the said Parliament. Further correspondence relative to the Orange Eiver Sovereignty. 160 AFRICAN DEPENDENCIES. BRITISH KAFFRARIA. By Proclamation dated December 23, 1847, and issued by Sir H. G. W. Smith, then Governor of the Cape Colony, the boundaries of this district were first defined. By letters patent, dated December 14, 1850, British Kaffraria was erected into a separate and dis- tinct Government. By Charter, dated March 6, 1854, the present boundaries of the Colony are minutely defined, and that part of the territories hitherto called British Kaffraria which lies between the Klip Plaat River and the Zwart Kei is annexed to the Colony of the Cape of Good Hope. By the same Charter pro- vision is made for the separate and distinct govern- ment of British Kaffraria, and that laws passed in the Cape Colony shall be of no forge in Kaffraria. The government is committed by the above-cited Charter to the Governor of the Cape Colony for the time being, subject to the special instructions which are appended to the Charter, power being reserved to Her Majesty to appoint a Lieutenant-Governor. Provision is made for the local government of the Colony by the same instrument which is the basis of its present constitution. NATAL. 161 NATAL. This territory, extending about 200 miles along the east coast of Africa, between the parallels of 27° 10' and 30" 40' south latitude, and between the meridians of 20° and 31° 10' east longitude, comprises an area of about 18,000 square miles. It was first discovered by the Portuguese at the end of the 15th century, and afterwards settled by the Dutch East India Company ; and at various times between 1823 and 1844, attempts to colonise the country were made by Boers from the Cape Colony and by various Englishmen, among whom were Lieu- tenant Farewell and Captain Gardiner. In May, 1844, letters patent were issued annexing the district to the Cape Colony. By subsequent letters patent, dated April 31, 1845, Natal was made a distinct and separate Government ; but power was still entixisted to the authorities of the Cape Colony to make laws, if required, for the new province. By a royal Charter, dated March 2, 1847, the power granted to the Cape Legislature was revoked, and vested in the officer ad- ministering the government of Natal,- and in certain public functionaries, who constitute the Legislative Council. The salary of the Lieutenant-Governor of Natal was, in 1854, £800 per annum:* * By patent, dated Nov. 23, 1853, an episcopal diocese was created in Natal. 162 AFRICAN DEPENDENCIES. OEDEES IN COUNCIL EELATING TO NATAL. Tear. .1844 1845 1846 1847 1848 1849 1850 Orders in Oouncil. (May 23.) Approving letters patent for annexing Natal to the Settlement of the Cape of Good Hope. (April 26.) Approving commission for erecting district of Natal into a separate and distinct Govern- ment. (February 25.) Approving commission and in- structions to the Lieutenant-Governor for establish- ing an Executive Council at Natal. (July 8.) Approving device of a seal for the Govern- ment of Natal. (September 36.) For regulating the trade of Natal. (February 37.) Establishing a Legislative Council at Natal. (February 11.) Designating the public officers who are to compose the Legislative Council of Natal. (June 37.) Exempting agricultural implements from duty on importation into the district of Natal. (June 19.) Giving efifect to an Ordinance (No. 3 of 1849) passed by the Legislature of the district of Natal, providing for the better administration of jus- tice among the natives. (January 8.) Approving supplementary commis- sion providing for the administration of government there in the event of the Lieutenant-Governor's office suddenly becoming vacant. PAELIAMENTAEY EEPOETS, ACCOUNTS, AND PAPEES EELATING TO NATAL. Year. Sessional Number. Parliamentary Reports, &c. 1847-8 1849 1852 f 1853-3 i 980 f 861 11059) 1393 ^ 1417 1697 1 Correspondence relative to the establish- ment of the Settlement of Natal. Correspondence on the Settlement of Natal and rebellion of the Boers. Further correspondence relative to the Settlement of Natal. SIERRA LEONB. 163 II. WESTERN AFRICAN DEPENDENCIES. SIERRA LEONE. The Settlement of Sierra Leone comprises a tract of territory about 18 miles by 12, on the west coast of Africa.* It is a peninsula, on the north side of which the capital, Freetown, is situate. Sierra Leone was first occupied by the Portuguese in 1463. Slave factories were established there at various times by the English and Portuguese. In 1787, it was ceded to the King of England by the native chiefs, for the settlement of some liberated negroes who had come to England at the close of the American war, and had been emancipated in consequence of Lord Mans- field's decision. In 1791, the Sierra Leone Company was formed, under the auspices of GranviUe Sharp, Wilberforce, Clarkson, and Thornton. In 1792, a further settlement of Africans from Nova Scotia was planted there. In 1808, the Colony was surrendered to the Crown, and the civil and military authority there transferred to the British Government, which now consists of a Governor, and a Legislative Coun- cil composed of seven or more members, comprising the Chief Justice, Colonial Secretary, and one or two merchants. In Sierra Leone, the laws of England generally prevail. Trial by jury is in force. The courts of justice are, the Court of Royal Commission, of Vice-Admiralty, of the Recorder of Freetown, and an Appeal Court, at which the Governor and Council preside, and from which, where the matter in dispute exceeds £400, there is an appeal to Her Majesty in * Also the Ilhas dos Idolos and Banana Islands. M 2 164 AFRICAN DEPENDENCIES. Council. By a Charter of Justice dated October 17, 1834, nine Councillors were appointed to assist the Governor, with certain judicial and legislative powers. The Governor's salary was, in 1854, £3000 per annum.* Among those who have held the Office of Govehnob AEB THE FOLLOWING, WITH THE DaTES OF THEIB RE- SPECTIVE Commissions. Charles Maxwell, June 23, 1811. Lieut.-Colonel G. Macdonald, December 10, 1841. William Ferguson, April 36, 1845. Norman W. Macdonald, April 6, 1846. A. E. Kennedy, August 18, 1852. Lieut.-Colonel Stephen Hill, November 14, 1854. OEDEKS IN COUNCIL RELATING TO SIEREA LEONE. Tear. Orders in Council. 1800. 1826 1829 1837 1839 1840 (June 11.) Granting a Charter for the government of Sierra Leone. (May 8.) For prohibiting the • exportation of gun- powder to the coast of Africa. (Continued by Order, November 30, 1826.) (October 12.) Extending to Sierra Leone and the West African Settlements the provisions of certain statutes relating to the Customs. (Revoked by Order, February 13, 1849.) (April 5.) Approving commission and instructions to Lieutenant- General Richard Doherty, 6aptain- General and Governor-in-Chief of Sierra Leone and its dependencies. (November 15.) Authorising the Governor to exer- cise prerogative of pardon in certain cases. (October 3.) Approving commission and instrac- tions to J. Jeramie, Esq., Captain-General and Governor-in-Chief. * By patent, dated May 22, 1852, the episcopal diocese of Sierra Leone (including the Gambia and Gold Coast Settle- ments) was constituted. SIERRA LEONE. 163 Orders in Council. (June 10.) Approving proclamation respecting value of certain silver coins at Sierra Leone, and revoking Order of March 33, 1825, for payment of troops in British money. (July 13.) Approving report of Committee on ex- tension of British jurisdiction over British subjects residing in countries under dominion of native princes adjacent to Sierra Leone. (March 5.) Enabling the Legislature of Sierra Leone to alter or repeal Customs regulations made by certain Orders in Council. (June 30.) Approving proclamation regulating the rates at which certain gold coins of the United States are to pass at Sierra Leone. (June 30.) Approving Charter of Incorporation of African Steam-Ship Company. (November 25.) Approving instructions to Go- vernor ratifying the Bishop's appointment as a Mem- ber of the Council of Sierra Leone. ACTS OF THE IMPEEIAL PAELIAMENT EELATING TO SIEEEA LEONE. Acts of Parliament. (August 8.) 47 Geo. III. cap. 44. — An Act for transferring to His Majesty certain possessions and rights vested in the Sierra Leone Company, and for shortening the duration of the said Company, and for preventing any dealing or trafficking in slaves within the Colony of Sierra Leone. (May 7.) 1 & 2 Geo. IV. cap. 28.— An Act for abo- hshing the African Company, and transferring to and vesting in His Majesty all the forts, possessions, and property now belonging to or held by them. (April 11.) 6 Vict. cap. 13. — An Act to enable Her Majesty to provide for the government of her Settle- ments on the coast of Africa, and in the Falkland Islands. (August 20.) 16 & 17 Vict. cap. 86.— An Act to re- move doubts as to the rights of the liberated Africans in Sierra Leone. 166 AFRICAN DEPENDENCIES. PARLIAMENTARY EEPOETS, ACCOUNTS, AND PAPERS RELATING TO SIERRA LEONE. Tear. Sessional Number. Farliamentary Beports, &c. 1801-2 1803-4 1806 1806-7 1810-11 1830 1834 1835 1837 1839 1830 1845 195 55 101 90 269 503 530 (313j 1553 336 57 661 530 Reports on petition of the Court of Direc- tors of the Sierra Leone Company. Accounts of grants to the Sierra Leone Company. Report on petition of Court of Directors of the Company. Accounts of grants to the Company. Papers respecting the state of the Settle- ment, being reports of Sir George Collier on the character of the natives, and on the productions of the soil. Accounts relating to the trade with Sierra Leone and tiie coasts of Africa. Returns of grants of money for the civil establishment of Sierra Leone. Returns of revenue, exports, popula- tion, schools, churches and chapels, ves- sels and fishing-boats, marriages, &c., &c., at Sierra Leone. Reports of Commissioners of Inquiry into the state of Sierra Leone and its de- pendencies. Returns of the population in Sierra Leone, distinguishing the liberated Afri- cans from other African residents. Abstract of expenditure from 1813 to 1828; correspondence as to treatment of captured negroes, the militia, the transfer of dependencies ; queries and replies as to climate, troops, vessels, &c., employed on the West- African station since 1815. Report from the Select Committee on the Settlements of Sierra, Leone and Fer- nando Fo. Various accounts relative to the taxes, duties, fees, and other sources of revenue, in the years 1843 and 1843, at Sierra Leone and the Gambia Settlements. GAMBIA RIVER SETTLEMENTS. 167 Years. Sessional Number. Parliamentary Reports, &c. 1850 1852-3 643 53 1680 Correspondence relative to the emigra- tion of labourers from Sierra Leone to the West Indies. Eeport from Lords' Select Committee on means to be adopted for the final ex- tinction of the African slave trade. Papers relative to slave dealing at Sierra Leone. THE GAMBIA RIVER SETTLEMENTS. The seat of Government of these Settlements is Bathurst, a town situate on an island at the mouth of the Gambia River, on the west coast of Africa, be- tween 13° and 14° N. latitude, and about 16° W. longitude. These Settlements were first visited by the Portuguese in 1456, and afterwards by the Dutch. Patent grants in respect of these territories were made at various times by British Sovereigns to African Com- panies. The first was granted by Queen Elizabeth in 1588, for trading from the Gambia and Senegal Rivers, and renewed by James I. in 1618, by Charles I. in 1631, and by James II. in 1673. In 1713, the African Company entered into what was called the " Assiento Contract," with the Spanish and English Governments, by which they undertook to supply to Spain a certain number of slaves yearly for a certain time, a portion of the profits of the un- dertaking to be divided between the English and 168 AFRICAN DEPENDENCIES. Spanish Governments. In 1749, the Company sur- rendered its charters, forts, and other property to the British Government, which paid their debts, and a new !Free Company was formed which existed till 1821, and was then dissolved. The present Govern- ment of the Gambia Settlements at Bathurst was esta- bhshed by letters patent, dated June 24, 1853. It consists of a Governor and an Executive and Legisla- tive Council (the Colonial Secretary, the Collector of Customs, and the Queen's Advocate, being members of the former). The salary of the Governor and Com- mander-in-Chief was, in 1854, £1000 per annum. Among those who have hkld the Office of Govehnob are THE following : — H. P. Seagram, June 10, 1843. Ed. Norcott, November 10, 1843. C. Fitzgerald, May 33, 1844. E. G. Macdonnell, August 10, 1847. A. Kennedy, May 15, 1,852. Major L. S. O'Connor, August 18, 1852. OEDERS IN COUNCIL RELATING TO THE GAMBIA. EIVEE SETTLEMENTS. Year. 1669 1765 Orders in Council. (September 24.) Granting licence to the African Company to carry out battery work to the Gambia. (February 22.) Directing Board of Trade to take proper measures for taking Senegal and Gambia out of the hands of the African Company, and to erect them into a province under His Majesty's govern- ment. GOLD COAST SETTLEMENTS. 169 Tear. 1765 1766 J 843 1849 1852 Orders in Council. (November 1.) Approving report of Committee for erecting territories of Senegal and Gambia into one Government by the name of the Province of Sene- gambia, and for forming a civil constitution and military establishment therein; also directing Se- cretary of State to appoint a Governor for the said province. (March 21.) Ordering Court-house and Govern- ment-house to be erected at St. Louis, in that pro . vince. (June 10.) See Sieeea Leojje. (July 15.) For establishing a Vice- Admiralty Court at the Gambia River Settlements. (January 31.) Regulating the trade of Her Majesty's Settlements on the Gambia River. (March 5.) Enabling the Legislatuj'e at the Gam- bia to alter or repeal Customs regulations made by certain Orders in Council. GOLD COAST SETTLEMENTS. These Settlements comprise certain forts and sta- tions on the coast of Upper Guinea in Western Africa, extending between 6° and 4° 20' E. longitude. The chief are Cape Coast Castle, Annamaboo, Dix Cove, and Accra. Cape Coast Castle was first settled by the Portu- guese in 1610. They were dispossessed by the Dutch, and the Settlement was confirmed in the possession of England by the Treaty of Breda in 1672. When the African Company, under whose control these forts remained for a long period, was abolished in 1821, several of the forts were abandoned, and the remainder 170 AFRICAN DEPENDENCIES. surrendered to the Crown and subjected to tlie autho- rity of the Governor of Sierra Leone. In 1827, the retained forts were placed under the management of a London Committee of African merchants, to whom the disbursement of an annual Government grant was confided. The local authority is vested in a Lieute- nant-Governor, under whom is a judicial assessor ap- pointed by the Queen. No Council, Legislative or Executive, exists at the Gold Coast : the power of en- acting laws is vested in the Grovemor and Council of. Sierra Leone. There are also at Annamaboo and Dix Cove, resident magistrates, by whom local affairs are administered. Accra, with forts Christianborg and Friedensborg and other now deserted forts, was purchased by the British Government from Denmark for £10,000 in 1850. These forts are governed by a resident magistrate under orders from Sierra Leone. British influence is also now paramount at Lagos and at Abbeokouta, a town about fifty miles inland, which was lately colonised by about 3000 liberated Africans from Sierra Leone. In April, 1853, the Governor of the Gold Coast as- sembled the native kings and chiefs, who formed them- selves into a legislative assembly for the regulation of the local affairs of a district comprising an area of 8000 square miles. The salary of the Governor was, in 1854, £800 per annum. GOLD COAST SETTLEMENTS. 171 OEDEKS IN COUNCIL RELATING TO THE GOLD COAST SETTLEMENTS. Tear. 1843 1844 1850 1853 Orders in Council. (August 23.) Approving device of a seal for the Government of the Gold Coast Settlemenls. (September 3.) Directing all judges and others, in exercising power and jurisdiction under statute 6 & 7 Vict. cap. 94, within the countries and places adja- cent to Her Majesty's forts and Settlements on tiie Gold Coast, to observe such of the local customs as are compatible with the law of England ; and ap- pointing Cape Coast Castle and Sierra Leone as places to which persons coming within the operation of the said Act may be sent for trial and punish- ment. (October 7.) Approving instructions to Governor of Sierra Leone for making further provisions for the administration of Her Majesty's forts and Settlements on the Gold Coast. (November 8.) Approving instructions to the Go- vernor of Sierra Leone authorising certain persons therein named to exercise jurisdiction within the countries adj^,cent to Her Majesty's Settlements on the Gold Coast. (January 8.) Approving Charter for the govem- 'ment of Her Majesty's Settlements on the Gold Coast. (February 6.) For establishing a Vice- Admiralty Court at the Gold Coast Settlements. (February 7.) Approving instructions to Governor appointing the Colonial Secretarj- for the time being to be a member of the Legislative and Executive Councils in place of the Collector of Customs. 172 AFRICAN DEPENDENCIES. PARLIAMENTAEY REPORTS, ACCOUNTS, AND PA- PERS RELATING TO THE GOLD COAST SET- TLEMENTS. Year. Sessional Number. Parliamentary Beports, &c. 1816 1833 1834 1835 1836 1836-7 1838 1839 1830 1830-1 1831 1831-3 1843 1850 1853 (470 1506 193 17 30 166 161 133 41 89 333 31 157J 551 754 fll71 1338 1298 Report and evidence respecting the condition and management of the Gold Coast Settlements. Estimates of the civil and military esta- blishments of the Gold Coast Settle- ments. Report of Select Committee on West Coast of Africa. Despatches fix)m the Governor of Cape Coast Castle relating to the case of Robert Erskine, and correspondence be- tween the Colonial Office and the Abori- gines Protection Society on the same subject. Papers respecting the cession to Great Britain of the Danish, possessions on the coast of Afi-ica, and the convention be- tween Her Majesty and the King of Den- mark, signed in London, August 17, 1850. MAURITIUS. 173 MAURITIUS. Mauritius is classified under the African Depen- dencies, as being geographically nearest to that con- tinent. It is situate in the Indian Ocean between the parallels of 19" 68' and 20° 32' S. latitude, and the meridians of 57° 17' and 67° 46'E. longitude. The island, which comprises an area of about 700 square miles, was called by the Portuguese who discovered it, Ilha do Cerne. In 1639, it was settled by the Dutch, and named after Prince Maurice of Nassau. It was abandoned in 1710, and was next occupied by the French, and held by them tUl 1810, when it was cap- tured by the British under General Abercrombie, and ceded to Great Britain at the Peace of 1814. By the 8 th Article of the Capitulation, it was stipulated that the inhabitants should preserve their reUgion, their laws and customs, and by virtue of this provision, the authority of the Code Civile, the Code de Pro- cedure, the Code de Commerce, and the Code d'ln- struction Criminelle, except so far as altered by the Charters of Justice of April 13, 1831, have since been recognised in Mauritius. By that Charter the Court of Appeal in the island was re-constituted. It appears that when the Mauritius was a French Dependency some form of representative government existed, and by a Decree dated September 29, 1810, only two months before its capture by the British, an Elective Colonial Council was created in order to pro- vide means for the defence of the island. Afterwards in 1817, a different form of representative govern- 174 AFRICAN DEPENDENCIES. ment was established by a proclamation of Governor Parquhar, which, however, was afterwards suppressed in 1831, in pursuance of instructions from Lord Bathurst. The Government of Mauritius, as at present con- stituted, is vested in a Governor, aided by an Execu- tive Council, of which the Colonial Secretary, Pro- cureur, and Advocate-General, and the second officer in command of the troops, are members. There is also a Legislative Council or Council of Government, to which, besides the three above-named members of the Executive Council, the Collector of Cnstonis, Auditor- General, Treasurer and Collector of Internal Revenues also belong, making altogether seven official members. There are also seven unofficial members selected by the Governor from the chief landed proprietors and mer- chants of the isknd, and submitted for appointment to Her Majesty. The Seychelles Islands are distant about 900 miles from Port Louis in the Mauritius ; they comprise altogether (including about 30 islands) an area of 50,000 acres, and are governed by a Civil Commis- sioner acting under the orders of the Government of Mauritius. , The salar}' of the Governor and Commander-in- Chief, is £6000 per annum.* , Among those who have held the Goveenment abe — Major-General Sir William Majmard Gomm, June 3, 1813. MAURITIUS. 175 OKDEKS IN COUNCIL RELATING TO MAURITIUS AND ITS DEPENDENCIES. Orders in Council. (September 24.) For establishing a registry of slaves in the Isle of France and its dependencies. (March 1 .) For permitting foreign vessels to import and export certain articles to and from the- island. (July 13.) For regulating the trade of the island. (March 10.) For permitting the importation of cattle into the island from Madagascar under tlie French flag. (January 30.) For amending Order of September U, 1814. (July 27.) Approving additional instructions to the Governor, respecting lie bringing before the Council of the island questions connected with its administra- tion. (March 5.) Approving commission and instructions to Sir Charles Colville. (June 22.) For removing the disabilities to which Her Majesty's subjects of free condition but of African or Indian birth or descent are subject in Mauritius. (February 2.) For improving the condition of the slave population in Mauritius. (November 5.) For regulating the administration of justice in Mauritius. (November 22.) Approving Report of Committee for Trade, recommending that a Charter be granted for establishing a bank in Mauritius. (February 23.) Disallowing an Ordinance of the Governor and Council of Mauritius, and for pro- hibiting the use of chains and irons in the punish- ment of slaves in the island. (April 13.) For improving the administration of justice in Mauritius. (May 3.) Constituting Port Louis in Mauritius, a free warehousing port. (November 6.) Approving Proclamation, admonish- ing the inhabitants of the island of the danger they vnll incur by remaining in arms. (November 6.) For ^e suppression of the military force, which has been arrayed in the^ island without 176 AFRICAN DEPENDENCIES. Tear. Orders in Council. legal authority, for the punishment of persons who shall continue in arms, and for the establishment of martial law if required for the maintenance of His Majesty's authority. 1833 (November 6.) For removing doubts as to the ne- cessity of registration of laws and Koyal Commis- sions in the Courts of Mauritius, to provide for the administration of judicial oaths, and to consolidate the offices of Procureur and Advocate-General. (November 6.) For amending Order of November 3, 1831 ,for improving the condition of slaves in Mauritius. 1834 (June 10.) For gazetting general rules formed under 3 & 4 Wm. IV. cap. 73, for abolition of slavery in Mauritius. (September 17.) For giving effect in Mam-itius to statute 3 & 4 Wm. IV. cap. 73. 1835 (April I.) For gazetting certain rules respecting claims for compensation under statute 3 & 4 Wm. IV. cap. 73, s. 55. (June 10.) Approving instructions to the Governor of Mauritius for remodelling the Ust of official members of the Council. 1836 (February 33.) For improving the administration of justice at Mauritius. (June 30.) For abolishing certain restrictions ex- isting under local enactments on establishment of schools in Mauritius, and for encouraging the pro- gress of education there. (July 6.) Approving Eeport of Judicial Committee on registry of the negro population of Mauritius, (November 30.) For ensuring at the Seychelles Islands the effect and execution of the provisions of the Act for the Abolition of Slavery, and of .Order in Council of September. 13, 1834, relative to appren- ticeship. 1837 (November 18.) For enabling Judges of Supreme Court of Mauritius to correct in certain cases the classification of persons apprenticed in the Colony under statute 3 & 4 Wm. IV. cap. 73. 1838 (June 30.) For extending to Mauritius the provi- MAURITIUS. 177 Orders in Council. prevention and punishment of vagrancy ; 3. For re- gulating law of marriage at Mauritius. (November 5.) For terminating at a period to be named by the Governor, the obligations of prsedial apprentices in Mauritius, created by statute 3 & 4 Wm. IV. cap. 73. (August 26.) Granting Charter of Incorporation to the Mauritius Commercial Bank. (November 15.) Approving instructions to Gover- nor to appoint Collector of Internal Eevenue one of the official members of the Council, instead of the President of the Appeal Court. . (July 13.) Approving instructions to Governor, authorising him under certain circumstances to assent to Ordinances for the Naturalisation of Aliens. (February 25.) Declaring that the English and not the French version of Mauritius Ordinances should be considered as the original version. (June 33.) For amending Order of September 7, 1838, respecting contracts between masters and ser- vants at Mauritius. (January 15.) For regulating emigration from British India to Mauritius. (January 15.) For assimilating the law of Mauritius to that of England, so far as regards tenure of lands or irremovable property by aliens. (June 3.) For permitting French ships to import into Mauritius from the island of Bourbon, ice being the produce of that island. (Februai-y 1.) Approving proclamation regulating; the rates at which foreign coins and coins of the East India Company's territories are to be current in Mau- ritius,-also revoking Order of March 33, 1825. (June 10.) Empowering the Governor to alter pro- visions of Order of September 7, 1838, respecting rights and duties of masters and servants, and for suppression of vagrancy, and of an Order of October 6, 1838, respecting encroachments on Crown lands. (September 13.) Fixing date for introducing into the legal tribunals of Mauritius the exclusive use of the English language. (November 20.) For exempting pot and pearl ashes and specimens illustrative of natural history, from the 4 per cent, ad valorem import duty at Mauritius. 178 AFRICAN DEPENDENCIES. Year. 1848 1849 1850 1851 1853 1853 Orders in Council. (December 16.) Declaring royal assent to a Mau- ritius Ordinance, repealing certain Customs Duties. (May 1.) Approving additional instructions to the Governor for altering the constitution of the Council of Mauritius. (December 12.) Eegulating Coolie Immigration into Mauritius. (October 23.) Declaring royal assent to a Mauri- tius Ordinance, 1850 (Mo. 3). For altering the orga- nisation of the several Courts there. (December 26.) Declaring royal assent to a Mau- ritius Ordinance, repealing certain Customs Duties. (October 16.) Approving Proclamation limiting the tender of silver coins in Mauritius. (April 1.) For suspending during the continuance inforce of a Mauritius Ordinance (No. 24), 1851, re- lating to Copyright, the prohibition agaihst the importation of foreign reprints of British books. ACTS OF IMPEEIAL PARLIAMENT EELATING TO MAURITIUS. Tear. Acts of Parliament. 1848 1852 (September 5.) 11 & 12 Vict. cap. 130.— An Act for guaranteeing the interest on certain loans raised at Mauritius. (December 16.) 16 Vict. cap. 4. — An Act to amend statute 11 & 13 Vict. cap. 130. MAURITIUS. 179 PAELIAMENTAEY REPORTS, ACCOUNTS, AND PA- PERS RELATING TO MAURITIUS AND ITS DEPENDENCIES. Tear. Sesstonal Number. Farliamentary Eeports, &c. 1819-20 1825 1826 1826-7 1837 1837-8 1841 1844 1846 1850 1853 57 89 236 428-9 284 516 a fl8o' 1232] 66 356 691 741 110 Accounts of the revenues of Mauritius. Return of civil officers at Mauritius. Papers relating to the colonial trade of Mauritius. Return of regiments stationed in Mau- ritius. Return of the quantity of cotton ex- ported from the Seychelles Islands in each year since the period of their occu- pation. . Abstract of revenue and expenditure of Mauritius, money raised, debts paid off. Copies of Mauritius Ordinances for re- gulating the relative duties of masters and employers and articled servants and la- bourers there. Papers relating to the introduction of Indian labourers. Correspondence relating to the immi- gration of Indian labourers into Mauri- tius. Papers relating to the state of the la- bouring population of Mauritius. Despatches from the Governor and memorials from the Mauritius Association relative to the trade and finances of the island. Despatch from the Governor to the Secretary of State, with report on the state of the rural districts of Mauritius. N 2 180 AFRICAN DEPENDENCIES. ST. HELENA AND ASCENSION ISLAND. St. Helena is situate 1200 miles from the African coast. The observatory is in 15° 55' S. latitude, and in 5° 44' W. lon^tude. The island comprises an area of about 30,000 acres. It was discovered by the Portuguese in 1503, and afterwards held by the Dutch, who abandoned it in 1651 ; and from that time till the renewal of their Charter in 1833, it was held by the English East India Company. It was in the latter year surrendered to the Crown, and is now governed by a military officer aided by a Council, of which the Chief Justice and Lieutenant-Colonel commanding the troops are members, having been appointed by warrant under His Majesty's sign manual in confor- mity with the Order in CouncU, dated October 12, 1835. The salary of the Governor was, in 1854, £2000 per annum.* Ascension Island was discovered on Ascension Day in 1501, and taken possession of by the English in 1815. The fort is situate in latitude 7° 56' S., longitude 14° 26' W. The island comprises an area of about 35 square miles. * By patent, dated June 25, 1847, St. Helena was included in the episcopal diocese of Cape Town, constituted by that patent. ST. HELENA. OEDERS IN COUNCIL RELATING TO ST. HELENA. 181 Tear. 1835 1836 1839 1840 1843 1845 1850 1851 1853 1853 Orders in Council, (April 1.) For making provision for the adminis- tration of the civil affairs of the island on its trans- fer from the East India Company to the Crown, with warrant under His Majesty's sign manual to the Civil Commissioner appointed. (Revoked by Order, October 13, 1835.) (May 20.) Approving device of new seal for the Government of the island. (October 26.) For establishing a Vice-Admiralty Court at the island. (Jime 3.) Approving, with amendments, an Ordi- nance of the Governor in Council amending and consolidating the laws relating to taxes. (July 11.) Regulating the duties of Customs in the island. (January 15.) For carrying into effect an Ordi- nance of the Governor in Council respecting coun- terfeit coins. {See Order, July 15, 1843.) (December 13.) Authorising the duties of Customs to be paid and received according to imperial weights and measures. (September 13.) Confirming an Ordinance of the Governor in Council for levying a tonnage duty on all merchant vessels trading to the island — the dues to be applied to the erection of a civil hospital. (November 20.) Placing trade of France with St. He- lena on same footing as vrith other British possessions. (November 20.) Confirming two Ordinances passed by Governor in Council: 1. Imposing duty on all boats used as tanks for watering vessels, and on plea- sure-boats ; 2. Respecting issue of licences. (January 8.) Imposing tonnage duty on all mer- chant vessels in aid of the erection of an hospital and prison on the island. (June 35.1 Approving certain rules of the Vice- Admiralty Court in slave trade and other cases. (January 10.) Permitting the free importation of oil into the island. (April 5.) Enabling the Governor to act as Chief Justice. (February 31.) Confirming an Ordinance of Sep- tember 9, 1853, respecting certain duties of Customs. 182 AFRICAN DEPENDENCIES. ACTS OF IMPEEIAL PAELIAMENT RELATING TO ST. HELENA. Year. Acts of Parliament. 1816 (April 11.) 56 Geo. III. cap. 93. — ^An Act for regu- lating the intercourse with the island pf St. Helena during the time Napoleon Bonaparte was detained there. PAELIAMENTARY EEPOETS, ACCOUNTS, AND PAPERS RELATING TO ST. HELENA. Tear. Sessional Number. Parliamentary Reports, &c. 1850 1851 643 Correspondence relative to the emigra- tion of labourers from St. Helena to the West Indies. Returns of revenue collected in St. He- lena in 1848, 1849, and 1850, with salaries of certain government ofi&cers. AMERICAN DEPENDENCIES. 183 CHAPTER V. AMERICAN DEPENDENCIES. Sect. I. NoBTHEEN, — Comprising Canada — East and West, Nova Scotia, New Bbunswick, Newfoundland, Pbinoe ■Edwaed's Island, The Hudson's Bay Tebbitoeies, Vancouver's Island, and Beemudas. Sect. II. — Centeal, — Comprising Honddeas and the Antilles, or West India Islands. Sect. III. Southeen, — Comprising Beitish Guiana, The Falkland Islands, and Pitcaien. SECT. I. — NORTHERN AMERICAN DEPENDENCIES. CANADA. /CANADA* comprises that portion of the North- American continent, which is situate between the parallels of 42° and 53° north latitude, and the me- ridians of 64° and 90° west longitude, being an area of about 360,000 square miles, including both pro- vinces. East Canada was discovered by Giovanni Gaboto, a Venetian, holding a commission from Henry VH. of England, in 1497, but immediately afterwards fell into the possession of France, to which power it was formally ceded, in 1632, by the treaty of St. Germains, and so remained till 1759, when it was conquered by the British, under General Wolfe, * Called from an Indian word Kanata, a cluster of huts. 184 AMERICAN DEPENDENCIES. and by the treaty of Paris, in 1763, was ceded to England. In 1774, by statute 14 George III. cap. 83, the Crown was empowered to appoint a Council for the administration of the affairs of the Province, of not less than 19, or more than 23 members. In 1791, by statute 31 George III. cap. 31, Upper and Lower Canada were divided and consti-, tuted into two Provinces. By this Act, the Governor was empowered to summon 15 Councillors in the Lower, and 7 in the Upper Province, where a Lieut. - Governor was appointed. Houses of Assembly were at the same time formed, to consist of not less than 60 members in Lower, nor than 16 in Upper Canada. The electors for counties were to be freeholders or rotu- riers possessing 40*. sterling per annum. The electors for towns and townships, £5 honse-owners, or £10 honse-kolders. By an Act passed in 1830, foreigners, naturalized by five years' residence in Canada, were rendered capable (if possessing the necessary qualifi- cations) of exercising the franchise. In consequence of the Rebellion, this constitution was suspended in East or Upper Canada in 1838, and a Special Council appointed. In 1840, by statute 3 and 4 Vict. cap. 35, Upper and Lower Canada were re-united, and a Legislative Council of the two united Provinces con- solidated. This Council was to consist of not less than 20 members (and has, in fact, numbered 45), 10, including the Speaker, to be a quorum. All to be appointed for Ufe by the Crown, and to be natural- born subjects of Her Majesty, and of full age. The House of Assembly constituted by this Act, con- CANADA. 185 sisted of 43 representatives of the Eastern, and 43 of. the Western Province, 84 altogether, 20 being a quorum, elected for four years. Freeholders or rotu- riers, to the amount of £500 sterling, were to be eligible as members, and freeholders or roturiers, to the amount of 40*. sterling, to be entitled to vote in districts, counties, or circles. House-owners to the amount of £5 per annum, and house-renters to that of £10, for towns. Members to take oath or affirma- tion of allegiance. Each member to be allowed, by the Legislature, 10s. currency per diem during the session, and 4s. per league for travelling expenses. By-statute 10 and 11 Vict. cap. 71, the provisions of the Act of Union, relating to the Civil List of Canada, were repealed, and Her Majesty was enabled to assent to a Provincial Act, under which the whole expenditure of the Colony now takes place. Municipal institutions were established in 1840, being district Coimcils composed of representatives of a certain number of townships, elected by the householders (the qualifications of a Councillor being real estate, to the value of £500). The Presidents of these Councils are wardens appointed by the Crown ; they meet quarterly for the management of all local ajffairs. The present constitution of Canada is defined by three Provincial Acts, aU of which were assented to on June 14, 1853. By the first of these, namely, 16 Vict. cap. 152, intituled "An Act to enlarge the Bepresentation of the People of this Province in Par- liament," certain new constituencies were created. 186 AMERICAN DEPENDENCIES. and several of those already existing were subdivided or reconstructed. The result is, that the two Pro- vinces of Canada now consist of 125 electoral divi- sions (counties, ridings, and towns included), return- ing altogether 130 members to the Legislative As- sembly. By the second of the Acts above-mentioned (16 Vict. cap. 153), intituled "An Act to extend the Elective Franchise, and better to define the Qualifica- tions of Voters in certain Electoral Divisions, by pro- viding a System for the Registration of Voters," the qualifications of electors are defined as follows : — Every male of full age, being a subject of Her Majesty, by birth or naturalization, and not being disqualified as the holder of any ofiice, or otherwise by law, is entitled to vote. The special pecuniary qualification of electors for cities and towns, is either ownership, tenancy, or occupation of real property in such city or town, or within its liberties or municipal boundaries, to the amount of £7 10s. per annum, or of such property beyond the municipal, but within the electoral, boundaries of such city of the gross value of £50, or the annual value of £5. The special pecuniary qualifications of electors for counties and ridings is the ownership, tenancy, or occupation of real property of the gross value of £50, or the annual value of £5, in any parish, township, town, or village, in such county or riding, not included within the limits of any represented city or town. ' The third Act is 16 Vict. cap. 154, intituled " An Act to amend the Act 7 Vict. cap. 65, for better CANADA. 187 Securing the Independence of the Legislative As- sembly of this Province." By this Act it is pro- vided that no office-holder, nominated by the Croivn, shall be eligible for a seat in the Legislative Assembly, except members of the Executive Council and the Receiver-General, Inspector- General, Secretary of the Province, Commissioner of Crown Lands, Attorney and SoUcitor General, Commissioner of Public Works, President of the Executive Council, and Postmaster- General. The qualification for members of the House of Assembly remains unchanged, as fixed by statute 3 and 4 Vict. cap. 35. The Legislative Council of Canada consists, at present, of 42 members, who have been nominated by various Governors of the Province successively. The Provincial Legislature is, however, empowered by statute 17 and 18 Vict. cap. 118 (passed in 1854), to constitute the Legislative Council an elective body. The Executive Council has usually consisted of 11 members, including the President, Secretary, Inspec- tor-General, Law Officers, Commissioners of Crown Lands and Public Works, and other ministers who , are deemed "responsible" to the people, and liable to be displaced by the vote of the House of Assembly.* The Governor of Canada is styled " Governor Ge- neral of British North America, and Captain- General and Governor-in-Chief in and over the Provinces of * Vide Resolutions of Canadian Parliament, Sept. 3, 1841 ; Parliamentary Paper, 1848, 631. 188 AMERICAN DEPENDENCIES. Canada, Nova Scotia, New Brunswick, and the Island of Prince Edward, and Vice-Admiral of the same." His salary is £7000 per annum.* The following abe the Names of those who, since the Union of East and West Canada, have held the Office of Govebnok. Right Hon. 0. Paulett Thomson (Lord Sydenham), Sept. 6, 1839. Sir Charles Bagot, Oct. 7, 1841. Sir Charles (afterwards Baron) Metcalfe, Feb. 24, 1843. Earl Cathcart, March 16, 1846. Earl of Elgin and Kincardine, Oct. 1, 1847. Sir Edmund Head, Sept. 20, 1854. OEDEES IN COUNCIL RELATING TO CANADA. Year. Orders in Council. 1760 1765 1773 1779 1796 (August 28.) Eeferring to Attorney-General the petitions of the Earl of Stirling, praying to be put in possession of a tract of land called Canada in America. (November 15.) Ordering Board of Trade to pre- pare draft of an instruction to the Governor of Quebec to pass an Ordinance there relative to juries, barristers, and attorneys. (April 23.) Ordering Attorney- General to prepare an instrument for re-annexing to the Government of Quebec such parts of the coast of Labrador as are situated between the river St. John and bay Phillip- eaux. (July 16.) Approving instructions to the Governor of Quebec for framing an Ordinance to amend certain Ordinances of 1777, for establishing Courts of civil and criminal judicature there. (April 6.) Approving instructions to the Lieutenant- Governor of Upper Canada respecting the future conduct and management of the Indian depart- ment. * Since 1849, the Provincial Parliament has been alter- nately held at Toronto and Quebec. CANADA. 189 Orders in Council. (July 5). Approving instructions to the Lieutenamt- Govemor of Upper Canada directing that in all future grants of land, mines of gold and silver only be reserved to His Majesty, except as therein men- tioned. (July 20.) Approving instructions to Governor of Lower Canada authorising him to take higher fees for land grants than those already fixed. (February 1.) Confirming three Acts of Upper Canada : 1 . For the better divisions of the Province. 2. For regulating the performance of statute duty on the highways. 3. For establishing a Court of civil and criminal jurisdiction. (April 11.) For granting the estates formerly held by the Jesuits, in Lower Canada, to the Eight Hon. W. Pitt, Earl Amherst. (June S.) Approving instructions to Governor for granting the Crown Lands in Lower Canada. (August 17.) Confirming Act of Legislature of Lower Canada relative to the subdivisions of the province into counties. (August 25.) Approving commission and instruc- tions to Lord Aylmer; Captain- General and Go- vemor-in-Chief of British North America. (April ] .) Approving commission to Earl Am- herst for investigations and settlements of complaints preferred to His Majesty by the House of Assembly of Lower Canada. (June 24.) Approving commission and instruc- tions to the Earl of Gosford. (September 9.) Confirming two Acts of Upper Canada relating to the bank of that Province. (February 15.) Approving instmctions to Governor Earl Gosford to appoint special councillors in Lower Canada, under 1 & 2 Vict. cap. 9.' (February 15.) Approving commission and instruc- tions to the Earl of Durham, Governor-General and Captain-General of all Her Majesty's Provinces within and adjacent to the continentof North America, and High Commissioner for the adjustment of certain important affairs affecting the Provinces of Upper and Lower Canada. (December 12.) Disallowing an Ordinance of the Governor and Special Council of Lower Canada, of 190 AMERICAN DBPENDENCIE?. Tear. 1840 1841 1843 1843 1844 1847 1848 18S0 Orders in Council. June 28, 1838, "to provide for the security" of that Province. (January 3.) Granting Charter of Incorporation to the British Bank of North America. (August 10.) Authorising the Governor- General to declare, by proclamation, that the Provinces of Upper and Lower Canada shall be one Province, under the name of the Province of Canada, and approving device of a seal for the Government thereof. (August 10.) Approving commission to the Eight Honourable Charles Paulett Thomson, Captain- General and Govemor-in-Chief of the Province of Canada. (October 6.) Approving Commission and Instruc- tions to Sir Charles Bagot, Govemor-in-Chief, &c. (October 31.) Approving certain regulations of the Governor and Council of the Province for the sale of the clergy reserves. (June 3.) Declaring Toronto and Hamilton to be free warehousing ports. (December 10.) Approving two amended regula- tions of the Governor and Coimcil for the sale and alienation of the clergy reserves. (July 15.) Specially confirming an Act passed in Canada imposing a duty on foreign wheat. (August 33.) Exempting from duty on importation specimens illustrative of natural history. (October 7.) Approving instructions to the Go- vernor directing him to issue letters patent for the incorporation of the Eoman Catholic bishopric of Quebec, with power to hold property under limita- tions in Mortmain. (February 4.) Giving effect to certain regulations for the disposal of the clergy reserves. (February 11.) Assenting to a Canada Act repeal- ing and consolidating the Duties of Customs. (August 11.) Approving instructions to Governor authorising him to appoint to certain vacant offices. (January 8.) .Suspending the operation there of statute 6 & 7 Vict. cap. 76, " to give effect to a treaty between Her Majesty and the United States for the apprehension of certain offenders, so long as a cer- tain Provincial Act shall continue in force." CANADA. 191 Orders in Council, (December 12.) Assenting to a Canada Act for the establishment and regulation of inland postage. (December 12.) Suspending, during the con- tinuance of an Act passed in Canada, the prohibition against the importation into the said Province of foreign reprints of books published in the United Kingdom. (May 15.) Revoking an Order specially confirming a Canada Act (994) establishing a Church Society. (August 18.) Approving supplemental Charter to bank of British North America. (February 21.) Including district of St. Francis within the limits of the diocese of Quebec. ACTS OF THE IMPERIAL PARLIAMENT RELATING TO CANADA. Acts of Parliament. 14 Geo. III. cap. 83. — An Act for making more effectual provision for the government of the Pro- vince of Quebec. 14 Geo. III. cap. 88. — ^An Act to establish a fund towards further defraying the charges of administra- tion of justice and support of civil Government within the Province of Quebec. 31 Geo. III. cap. 31. — An Act to repeal certain parts of statute 14 Geo. III. cap. 88, and to make further provision for the government of the Province of Quebec. (August 11.) 43 Geo. III. cap. 138.— An Act for extending the jurisdiction of the courts of justice in the Provinces of Upper and Lower Canada. (June 22.) 6 Geo. IV. cap. 59.~An Act to provide for the extinction of feudal and signorial rights, and burthens on lands held a titre de fief and a titre de cens, in the Province of Lower Canada, and for the gradual conversion of these tenures into the tenure of free and common socage, and for other 192 AMERICAN DEPENDENCIES. Tear. Acts of Parliament. 1826 1837 1838 1831 1834 1838 1839 1840 1842 purposes relating to the said Province ; also, for re- annexing certain parts of Labrador and the island of Anticosti to the said Province of Lower Canada. (May 36.) 7 Geo. IV. cap. 68.— An Act to amend so much of 31 Geo. III. cap. 31, as relates to the election of members to serve in the Legislative Assembly in the Province of Upper Canada. (July 2.) 7 & 8 Geo. IV. cap. 63.— An Act to authorise the sale of a part of the clergy reserves in "the Provinces of Upper and Lower Canada. (July 15.) 9 Geo. IV. cap. 51.— An Act to alter statute 6 Geo. IV. cap. 95, for enabling His Majesty to grant to a company to be incorporated by Charter, to be called the " Canada Company," certain lands in the Province of Upper Canada. _ (July 35.) 9 Geo. IV. cap. 91.— An Act to autho- rise the advance of a certain sum out of the consoli- dated fund for the completion of the Welland Canal navigation in Upper Canada. (March 30.) I Will. IV. cap. 30.— An Act to explain and amend the laws relating to lands holden in free and common socage in the Province of Lower Canada. (March 36.) 4 & 5 WiU. IV. cap. 7.— An Act to authorise the Legislatures of British North America to make laws relating to the rates of inland postage (August 16.) 1 & 2 Vict. cap. 113.— An Act for in- demnifying those who have acted under an Ordinance, made in pursuance of statute 1 Vict. cap. 9, to make temporary provision for the Government of Lower Canada. (August 17.) 3 & 3 Vict. cap. 44.— An Act to pre- vent ships clearing out from a British North-American port from loading any part of their cargo of timber upon deck. (Continued by 3 & 4 Vict. cap. 35, and 5 Vict. sess. 2, cap. 17.) (July 23.) 3 & 4 Vict. cap. 35.— An Act to re-unite the Provmces of Upper and Lower Canada, and for the government of Canada. (August 7.) 3 & 4 Vict. cap. 78.— An Act to provide for the sale of the clergy reserves in the Province of Canada, and for the distribution of the proceeds thereof. (August 12.) 5 & 6 Vict. cap. 118.— An Act for CANADA. 193 Tear. 1843 1847 1848 1851 1852 1853 1854 Acts of Parliament. guaranteeing the payment of interest on a loan of £1,500,000, to be raised by the Province of Canada. (July la.) 6 & 7 Vict. cap. 29.— An Act for reducing the duty on wheat and wheat-flour, the produce of the Province of Canada, imported thence into the United Kingdom. (July 22.) 10 & 11 Vict. cap. 71.— An Act to autho- rise Her Majesty to assent to a certain Bill of the Legislative Council and Assembly of the Province of Canada for granting a civil list to Her Majesty, and to repeal certain parts of an Act for re-uniting the Pro- vinces of Upper and Lower Canada, and for the Government of Canada. (August 14.) 11 & 13 Vict. cap. 56.— An Act to repeal so much of an Act, 3 & 4 Vict. cap. 35, as relates to the use of the English language in public documents. (August 9.) 14& 15 Vict. cap. 68. — ^An Act for the settlement of the boundaries between the Provinces of Canada and New Brunswick. (June 30.) 15 & 16 Vict. cap. 53. — An Act to pro- vide for the exercise of certain powers vested in the Bishop of Quebec in respect of certain districts severed from his diocese.* (May 9.) 16 Vict. cap. 21. — An Act to authorise the Legislature of the Province of Canada to make provision concerning the clergy reserves in that Pro- vince, and the proceeds thereof. (August 11.) 17 & 18 Vict cap. 118.- An Act to empower the Legislature of Canada to alter the con- stitution of the Legislative Council for that Province. * By patents, dated June 28, 1793, July 27, 1839, and July 18, 1850, respectively, the episcopal dioceses of Quebec, Toronto, and Montreal were constituted. 194 AMERICAN DEPENDENCIES. PAELIAMENTAEY REPORTS, ACCOUNTS, & PAPERS RELATING TO CANADA. Tear. 1810-11 1813-14 1814-15 1816 1831 1823 1833 1834 1835 1836 1836-7 Sessional Number. 94 39 81 83^ 83, 234 417 170 155 380 751 193 17 30 <" 156 161 Farliamentary Beports, &c. Estimates of the charge of the civil estahlishments of Canada, New Brunswick, and Nova Scotia. Accounts relative to the imports and ex- ports to and from Canada, Nova Scotia, New Brunswick, Prince Edward's Island, Cape Breton, and Newfoundland ; also the number and tonnage of ships entered La- wards and cleared outwards from 1800 to 1813. Estimates of the charge of the civil establishments. Accounts of imports to and exports from Canada, Nova Scotia, New Brunswick, Prince Edward's Island, Cape Breton, and Newfoundland. Return of Marines serving in Canada. Estimates of the charge of the civil establishments of Canada, New Bruns- wick, and Nova Scotia. Accounts of trade and navigation re- lating to the North-American Colonies. Estimates of the charge of civil esta- blishments in Canada, New Brunswick, and Nova Scotia. Returns of goods exported to the British Colonies in North America. Returns of ships employed in British North-American trade. Estimates of the charge of civU esta- blishments. Return of exports to the North American Colonies. Estimates of the charge of civU esta- blishments in Canada, New Brimswick, and Nova Scotia. CANADA. 195 Tear. Sessional Number. Parliamentary Beports, &c. 1826-7 1828 1828 1829 1830 854 286 377 378 380 54 445 475 569 122 41 89 73 574 627 740 Regulations adopted in the Canadas in respect to the granting of land ; also, Ad- dress on the subject of clergy reserves in Upper Canada. Eeturn of population of the Canadas. Memorandum transmitted to theSecretary to the Society for the Propagation of the Gospel, inreference to the state of the Church in the North American Colonies, 1824. Letter from Dr. Strachan, Archdeacon of York, Upper Canada, respecting the state of the Church in that Province. Estimate of expense of water communi- cation in the Canadas. Return of the Post Office establishment in the Canadas, Nova Scotia, and New- Brunswick, and postage collected in the years 1825-6. Copies of two despatches from the Lieut.- Governor to the Secretary of State, relating to the Welland Canal. Estimates for improving water commu- nication on the Ottawa River and on the lakes in Canada. Reports from Select Committee respect- ing the civil government of Canada. Estimates of charges of the civil esta- blishments in British North America. Communications between Colonial Of- fice and the Governors of the, Canadas in pursuance of the recommendations of the Canada Committee. Despatches from the Governors on the state of the Executive and Legislative Coun- cils of the Canadas. Address to His Majesty from the House of Assembly of Lower Canada on the sub- ject of lands held by the Roman Catholic Seminary at Montreal. Returns of Acts passed by the Legislatives of British- American Colonies laying taxes on immigrants. O 2 196 AMERICAN DEPENDENCIES. Year. 1830-1 1831 1831-3 1833 1834 1837 Sessional Number. 135 333 395 103 363 370 334 493 504 740 433 514 617 96 371 Parliamentary Keporta, &c. Correspondence between the Treasury, the Colonial Secretary, and the Ordnance, on canal communication. Eeturns respecting sales of Crown lands and clergy reserves in Canada, and grants of land for the maintenance of any col- lege. Eeport from Select Committee respect- ing the Rideau Canal. Communications relative to the appro- priations of Crown revenue between the Governors and the Legislatures of the two Provinces. Estimates of charges of civil establish- ments in North-American Colonies. Eeport from Select Committee on canal communication in Canada. Eeport of Mr. Richards to the Colonial Secretary respecting waste lands in Canada, and emigration. Correspondence between the Board of Ordnance and officers in Canada respect- ing canal communication and the expense thereof. Letter from Board of Ordnance respect- ing the Rideau Canal in Canada, together with the Treasury minute thereon. Four addresses to His Majesty from the House of Assembly of Upper Canada, dated March 30, 1838 ; March 14, 1839 ; January 13, 1830; and December 14, 1831. Returns relating to the Legislative Coun- cil of Upper Canada. Returns of payments made to the clergy of every denomination out of funds raised in the Province of Canada. Reports of Governors of British Pro- vinces in North America, and of Indian department in Canada, on the present state of the aboriginal tribes there. Select Committee on affairs of Lower Canada. Papers relating to Sir Fi'ancis Head, CANADA. 197 1837-8 Sessional Number. ]I8 181 1839 1840 1841 1843 931 141 374 483 13 314 1844 1846 1847 591 731 50 569 Parliamentary Reports, &c. Correspondence relating to the boun- dary between the British possessions in North America and the United States, under the treaty of 1783, with Appendix. Copies of all letters between Mr. Hume, Mr. Roebuck, and any Member of Parlia- ment, and M. Papineau, Mr. M'Kenzie, Dr. Buncombe, and others in Canada, which have been seized there or otherwise came into the possession of the Government. Despatches and inclosures from Lord Aberdeen to Lord Amherst relative to the government of the Canadas, April 9, 1835. Correspondence between the Lieutenant- Governor of Upper Canada and the Secre- tary of State on the creation of rectories in the Province bj Sir John Colborne. Copy of an Act of the Legislature of Upper Canada, intituled " An Act to pro- vide for the Disposal of public Lands in the Province." Report of- Commissioners appointed in Canada to inquire into the losses sustained during the rebellion in Canada. Ordinances of the Governor and Special Council of Lower Canada. Proceeds of all sales of clergy reserves in Canada ; amounts invested in the public funds ; annual interest ; sales effected under various Acts ; rents arising from reserves demised for terms of years ; application of fund to churches of England and Scot- land, and in aid of public worship and education of different religious bodies. Statistical returns relating to the popu- lation, militia, education, imports, exports, shipping, agriculture, fisheries, currency, manufactures, and minerals of Canada. Reports on the Canadian Post Office. Papers relating to North-American emi- gration. Correspondence respecting the effects of the usury laws of Canada on the Indus- 198 AMKRIOAN DEPENDENCIES. Year. 1848 1849 1850 1851 ]852 Sessional Number. 621 593 1036 1032 1035 1031 1181 848 1306 64 77 85 90 91 411 Parliamentary Kepoits, &c. trial and commercial interests of the Pro- vince. Correspondence :;:elating to the introduc- tion of responsible Government into the North- American Colonies. Despatches relating to North-American emigration. Correspondence on the operation of the Navigation Laws on the Province of Canada. Final report of officers employed to survey line for Quebec and Halifax rail- way, with correspondence thereon. Papers relating to the change of the-seat of Government, and to the annexation movement. Despatches relative to emigration to the North-American Colonies. Papers relative to the clergy reserves in Canada. Copy of a Provincial Act for the manage- ment of tlie temporalities of the United Chm'ch of England and Ireland in the diocese of Montreal, and for other purposes therein mentioned, with the resolution of the Council and Assembly of Canada thereon. Accounts of all sums issued out of the consolidated fund, by virtue of statute 5 & 6 Vict. cap. 118, towards making good de- ficiency in payment on the part of the Province of Canada of interest accruing due on the loan of £1,500,000 to the said Province. Papers relating to the clergy reserves. Address of Legislative Council respect- ing a Boyal Charter for a Church college in Canada, and respecting a free convoca- tion of the bishops, clergy and laity of the said Province ; also copy of Act establish- ing said college. Returns of the Imperial Custom Houses of the North-American Provinces on January 1, 1853. CANADA. 199 Year. 1852 ] 852-3. 1853 1854 1855 Sessional Number. 1344 1382- .1516 1448 1394 85 175 231 499 714 1002 1003 (1588) tl613j 1650 160 1 173 1174 1763 fl789 11812 276 Failiamentary Kepoits, &c. Correspondence relative to the civil list, and to military expenditure in Canada, and to the projected railway from HaUfax to Quebec. Papers relating to the clergy reserves. Papers relative to the settlement of the disputed boundaries between the Provinces of Canada and New Brunswick. Correspondence respecting the clergy reserves. Correspondence between the Bishop of Quebec and the British Government re- specting the clergy reserves ; also returns of payments made to the churches of England and Scotland, and to other reli- gious bodies in Canada out of imperial resources, since 1840. Paper respecting the library of the Le- gislative Council and Assembly of Canada. Eeturn respecting " Customs officers in Canada — ^their names, salaries, and duties. Addresses on the constitution of the former House of Assembly of Canada. Eepresentations of settlers on the Grand Eiver, in Canada, and correspondence with the Governor-General on the subject. Further papers relative to the clergy reserves in Canada. Papers relative to emigration to the North-American Colonies. Opinions of the judges on the Canada Clergy Reserves Act (April 13, 1840). Amount of the Canada clergy reserve fund, and payments made therefrom ; also extent of the reserves, and value of the unsold portions thereof. Further papers relative to emigration to North America. Papers relating to the Legislative Council of Canada, and to legislative proceedings there. Address relating to the legal position of bishops. 200 AMERICAN DEPENDENCIES. NOVA SCOTIA. Nova Scotia, including Cape Breton, comprises an area of about 16,000 square miles, situate between the parallels of 43° 20' and 46° N. latitude, and the meridians of 61° and 66° 20' W. longitude. Nova Scotia was first settled in 1604 by the Erench under the name of Acadia, and was ceded to England at the peace of Utrecht in 1714. After the peace of Aix-la-Chappelle in 1748, a settlement of disbanded troops was formed in Nova Scotia by Lord Halifax then President of the Board of Trade and Plantations, and the town which now bears his name became the capital of the Colony. In 1758, Cape Breton by the dispossession of the French was added to the British dominions, though not till afterwards annexed to the Colony of Nova Scotia. In the same year a consti- tution was established by commission to the Duke of Richmond as Governor, which was afterwards modi- fied by commission to Governor Parr, dated September 11, 1784. This constitution consists of a Lieutenant- Governor and an Executive Council of 6 members. Also a Legislative Council, now consisting of 19 mem- bers (and including the Chief Justice and Bishop), provisionally appointed by the Governors, subject to the confirmatioti of Her Majesty under the royal sign manual. There is also a House of Assembly of 51 members, one for the smaller, and two for each of the principal counties, six representatives from Cape Breton, and the rest for the towns, the chief of which are HaUfax, Annapolis, Liverpool, Pictou, and Wind- NOVA SCOTIA. 201 sor. The electors must be householders or land- holders to the value of 40s. per annum. The members of the House of Assembly and their Speaker, receive a stipend and travelling expenses. The system of " responsible government " was fully recognised in Nova Scotia by the resignation of the Executive Council, in pursuance of a vote of the Provincial Parliament of January 26, 1848. By a Provincial Act, passed in 1851, the public statutes of Nova Scotia were revised and consolidated, and now form the code of the province. The salary of the Governor of Nova Scotia was, in 1854, £3000 per annum.* Among those who have at vaeious times abministeeed the Government of the Province, either as Governors-in- Chibf or Lieutenants, are the following : — Hon. E. Gomwallis, 1749. P. Hopson, 1763. C. Lawrence, 17S4. R. Moulton, 1756. J. Belcher, 1760. M. Wilmot, 1764. M. Franklin, 1766. P. Legge, 1773. M. Arbuthnot, 1776. E. Hughes, 1778. Sir A. S. Hammond, 1781. J. Parr, 1783. E. Fanning, 1783. E. Bulkeley, 1791. J. Wentworth, 1792. Sir G. Prevost, 1808. * By patent, dated August 9, 1787, the episcopal diocese of Nova Scotia, comprising Cape Breton and Prince Edward's Island, was constituted. 202 AMERICAN DEPENDENCIES. Sir J, Sherbrooke, 1811. General Darrock, 1811. General Smyth, 1816. Earl of Dalliousie, 1819. Sir J. Kempt, 1820. M. Wallace, 1826. Sir C. Campbell, 1836. Lord Falkland, 1840. Sir J. Harvey, 1846. Col. Sir G. Le Marchant, June 16, 1852. OEDEES IN COUNCIL EELATING TO NOVA SCOTIA. Tear. Orders in Council.. 1661 1662 1667 1668 1731 1760 1764 1783 (March 6.) Ordering the claims of all parties and the claims of the Crown of England to Nova Scotia to be drawn up in Latin. (April 23.) Granting to Colonel Thomas Temple " 4000 acres of the soyle of y= saide plantacon." (November 6.) Ordering Colonel Temple to deliver Acadia to the French in pursuance of the treaty of Breda. (July 28.) Suspending the delivery to the French of Acadia, in consequence of delay in ceding St. Christopher's, and pending the expected arrival of M. Colbert to treat thereon. (May II.) Approving instructions to the Governor respecting the settling of certain persons on lands there. (February 16.) Approving settlements of lands evacuated by the French, as organised by the Governor and Council there. (July 11.) Granting 260,000 acres to twenty-three persons in the Province at an annual grist rent of one farthing per acre, such land to be settled by Pro- testants, within ten years from the date of Order in the proportion of one settler for each 200 acres ; and in default to revert to the Crown. (May 16.) Approving instructions to Governor Parr as to grants of land to the Loyalists, and for religious and educational purposes. (June 6.) Approving instructions to Governor Parr for i-eserving all timber fit for masts for His Majesty's use; also for revesting in the Crown all NOYA SCOTIA. 203 Orders in Council. lands unimproved, and therefore forfeited, according to the terms of grant. (July as.) Eevoking all Orders for grants of land bearing date before January 1, 1774, which have not yet been carried into execution. (July S.) Confirming two Acts of the Province : 1. For granting His Majesty's free pardon to all per- sons concerned in the late rebellion; 9. For the relief of His Majesty's subjects professing the Popish- religion, and repealing two Acts of the Province ■which are oppressive to them. (August 1.) Approving report of Committee for establishing a Bishop to have ecclesiastical jurisdic- tion over Nova Scotia, New Brunswick, Quebec, and Nevrfoundland, and instructions to the Governors of those Colonies accordingly. (November 25.) Confirming an Act of the Pro- vince for raising ^2000 by lottery for the purpose of building bridges. (February 13.) Extending privileges of statute 6, Geo. IV. cap. 114, to the ports of Pictou and Sydney in Nova Scotia. (May 14.) Confinning Act of the Province relating to marriage licences. (July 6.) Declaringthat the clauses and provisions of an Act passed in Nova Scotia shall be the rules and regulations respecting the fisheries on the coasts, bays, and creeks in that Province. (July 11.) Declaring the ports of Digby and Arichot, in Nova Scotia, to be free warehousing ports. (December 8.) Approving instructions to the Lieu- tenant-Governor for reserving to the Crown in future the nomination of President of the Legislative Council. (March 4.) Declaring New Edinburgh, in St. Mary's Bay, to be a free warehousing port. (May 19.) Approving instructions to Earl Cathcart enjoining him to administer the oath of allegiance, and no other oaths, to political and ofi&cial persons. (August 11.) Suspending, during the continuance of Provincial Act, the prohibition against the impor- tation into the Colony of foreign reprints of Eng- lish books. 204 AMERICAN DEPENDENCIES. PAELIAMENTARY REPOETS, ACCOUNTS, AND PAPERS RELATING TO NOVA SCOTIA. Tear. 1823 1828 /109 \ US 1835 144 1836 161 1837 149 837-8 314 1839 143 579 1840 179 1841 224 1842 130 1843 91 1844 108 Sessional Number. 416 Parliamentary Eeports, &c. Papers relating to the re-annexation of Cape Breton to the Government of Nova Scotia. Report laid before the Colonial Depart- ment by Lieutenant^Colonel Cockbum on emigration to Nova Scotia, New Bruns- wick, and Prince Edward's Island, with appendix. Estimates of charges of civil establish- ment in Nova Scotia. Correspondence from Nova Scotia and New Brunswick relative to the constitution of the Legislative and Executive Council there. Estimates of the charges for the civil establishments in Nova Scotia. NEW BRUNSWICK. This Province forms an irregular square comprising an area of about 26,000 square miles. The eastern boundaries were defined by the Ashburton Treaty in 1842. It is situate between the parallels of 45° 5' and 48° 20' N. latitude, and the meridians of 63° 48' and 67° 50' W. longitude. New Brunswick was first settled by British subjects in 1761, and afterwards by disbanded troops from New England in 1783, was severed from Nova Scotia (of which province it had before formed a part) in 1784, when, by Royal Charter, a constitution was NEW BRUNSWICK. granted to the Colony whicli now exists. It consists of a Lieutenant-Governor aided by an Executive Council of 8 members, a Legislative Council of 17 members, to which the Bishop of Nova Scotia be- longs ex q^cio* and a House of Assembly of 39 Representatives of the people. The system of " Responsible Government " was formally recognised by a vote of the Provincial Legis- lature, February 24, 1848. By a Provincial Act, passed May 1, 1854, the public statutes were revised and consolidated. The salary of the Governor of New Brunswick is £3000 per annum. Among- the Names oj? those who have held the Goveenment OF New Beukswiok, eitheb as Gov]'',enoes-jn-Ohief op Beitish America oe Lieutenant-Goveenohs of the Peo- VINOE, AEE THE FOLLOWING, WITH THE DaTES OF THBIE EE- sPECTivE Commissions. Guy Carleton, 1786. E. Winslow, 1803. Lieutenant-Colonel Johnston, 1808. General M. Hunter, 1809. General W. Balfour, 18 11. General E. P. Smyth, 1812. General Sir J. Saumarez, 1813. Lieutenant-Colonel H. W. Hailes, 1816. Ward Chipman, 1823. J. M. Bliss, 1826. General Sir H. Douglas, 1829. General Sir A. Camphell, 1831. General Sir J. Harvey, 1837. Colonel Sir W. E. Colebrooke, 1841. Sir E. Head, 1848, Hon. J. H. T. Manners Sutton, July 1,' 1854. 205 * In 1845, the diocese of Eredericton was created. 206 AMERICAN DEPENDENCIES. OEDEES IN COUNCIL RELATING TO NEW BRUNSWICK. Tear. 1784 1802 1821 1885 1836 1837 1843 1845 1846 1847 1848 1850 1859 1854 Orders in Council. (June 18.) Approving report of Committee on the form of civil constitution proper for the govern- ment of the Province, and directing the Lords of the Treasury to give orders for carrying the same into effect so far as relates to that department. < (June S.) Approving instructions to the Governor for granting Crown lands in the Province. (March 21.) Extending the privileges of statute 58 Geo. III. cap. 1 9, to Qie port of St. Andrew's, in New Brunswick. (March 4.) Declaring the port of Masaquadavie, in New Brunswick, a free port. (August 10.) Declaring Moramichi, in New Bruns- wick, a free port. (September 20.) Approving instructions to Go- vernor Sir J. Harvey for enlarging Council of Pro- vince of New Brunswick. (June 10.) Declaring port of Dalhousie, on the river Eentigouche, a free warehousing port. (June 30.) Approving instructions to Governor respecting the newly-erected Bishopric of Frederic- ton. (July 6.) Approving instructions to Governor to dispense with certain oaths heretofore taken by offi- cial and political persons. (August 10.) Specially confirming, under statute 9 & 10 Vict. cap. 94, a New Brunswick Act respect- ing certain differential duties on imports. (August 11.) Suspending the prohibition against importation of foreign reprints of English books. (December 12.) Confirming a New Brunswick Act for establishment and regulation of inland post- age. (November 27.) Respecting the admission of ap- peals to Her Majesty in Coxuicil from Supreme Court of New Brunswick. (November 14.) Approving proclamation for giv- ing . currency to certain copper coins in New Bruns- wick. NEWFOUNDLAND. 207 PARLIAMENTAEY EEPORTS, ACCOUNTS, AND PAPEES EELATING TO NEW BEUNSWICK. Year. 1828 1831-3 1837-8 1839 1847 1853 Sessional Number, |109| 1148) 688 137 595 716 1394 Parliamentary Reports, &c. Eeport on emigration to New Bruns- wick, and other papers. Award of the King of the Netherlands relative to the disputed boundary between New Brunswick and United States of America. Papers relating to emigrants' marriages, education, militia, minerals, fisheries, ship- ping, imports and exports in New Bruns- wick. Correspondence relative to the constitu- tion of the Executive and Legislative Councils in New Brunswick. Correspondence between Her Majesty's Government and parties interested in rail- ways in New Brunswick. Papers relative to the settlement of the disputed boundaries between the Provinces of Canada and New Brunswick. NEWFOUNDLAND. Newfoundland is situate between the parallels of 46° 40' and 51° 37' N. latitude, and the meridians of 52° 25' and 59° 15' W. longitude, comprising- an area of 35,850 square miles ; called "Prima Vista" by Cabot, who first discovered it in 1497 ; and afterwards frequented for its fisheries by Portuguese, Spanish and French. The island was colonised by British subjects under five Charters granted by the Crown at various times. 208 AMERICAN DEPENDENCIES. The first in 1578, by Queen Elizabeth to Sir Hum- phrey Gilbert; the second in 1610, by James I. to Lord Northampton, Sir Francis Bacon, and certain merchants of London and Bristol; the third to Sir George Calvert of a tract of land called the Province of Avalon; the fourth to Lord Pembroke, Lord Holland and the Marquis of Hamilton, specially re- serving to the grantees the rights of fishing, salting,' and drying of fish; the fifth in 1635, by the Star Chamber to certain merchants and traders. In 1663, Charles I. issued instructions to his Lord Treasurer containing regulations " for the governing of His Majesty's subjects inhabiting in Newfoundland." After a series of struggles for possession between Prance and England, by the 13th article of the Treaty of Utrecht in 1713, subsequently ratified by the fifth article of the Peace of Paris, the exclusive sovereignty of Newfoundland, subject to certain rights reserved to Prance, was ceded to Great Britain, commissions giving powers to various merchants were issued at various times, but it was not till 1728, that the first Governor Captain Henry Osborne was appointed. In the fourth article of the Treaty of Versailles in 1783, the cession of Newfoundland to Great Britain is confirmed ; and in 1832, by royal instructions to Sir T. J. Cochrane, then Governor, a constitution was established con- sisting of a Lieutenant-Governor, an Executive Coun- cil of nine members (who also composed the Legisla- tive Council, and were nominated by the Governor) and a House of Assembly. The Assembly consisted of 15 Members, representing nine districts, of which NEWFOUNDLAND. 209 St. John's and Conception Bay were the chief, aR natural-born, or naturaUsed householders of full age, and unconvicted of infamous crimes, being qualified as electors and as members, the only difference being that one year's residence qualified an elector, and two were required for a member. Voters residing beyond a certain distance were entitled to vote by subscribing a written paper. By the instructions accompanying the Commission of 1833, a Legislative Council (including five official members) was constituted. By statute 5 and 6 Vict. cap. 120, passed in 1843, the Queen was empowered to establish, by commission to the Governor, a pro- perty qualification for members, not exceeding the gross sum of £500, or £100 per annum. This sta- tute was, in 1847, by statute 10 and 11 Vict. cap. 44, made permanent. In the meantime, a series of con- flicts between the two branches of the Legislature had taken place, which resulted in the suspension of the constitution, and the substitution of a single chamber, composed of ten nominated, and fifteen elected, members, with a distinct Executive Council. This system lasted four years, when the former con^ stitution was for a time renewed. By a "Provincial Act, 18 Vict., passed November 30, 1854, the number of members of the Assembly was increased to thirty, and the electoral districts were re-arranged. In the.same year the Legislative and Exe- cutive Councils were separated, and the system of " Responsible Government " was established, the dis- placed public officers being compensated. 210 AMERICAN DEPENDENCIES. The salary of the Governor is £3000 per annum. The office has been held by — Capt. Osborne, E.N., 17S9. Capt. Vajibragh, 1737. Capt. Lord G. Graham, 1740. Capt. Hon. J. Byng, 1741. Capt. Sir C. Hardy, 1744. Capt. Eodney, 1749. Capt. Drake, 17B0. Capt. Boufoy, 1753. Capt. Dorril, 1755. Capt. Edwards, 1757. Capt. Webb, 1760. Capt. Groves, 1761. Capt. Palliser, 1764. Capt. Hon. J. Byron, 1769. Commodore Molyneux, 1773. Commodore Duff, 1775. Adm. Montague, 1776. Adm. Edwards, 1779. Adm. Campbell, 1782. Adm. Elliot, 1786. Adm. Milbanke, 1789. Adm. Sir J. Wallace, 1794. Adm. Waldegrave, 1797. Adm. Pole, 1800. Adm. Gambler, 1803. Adm. Sir E. Gower, 1804. Adm. Holloway, 1807. Adm. Sir J. Duckworth, 1810. Adm. Sir J. Keats, 1813. Adm. Pickmore, 1816. Adm. Sir C. Hamilton, 1818. Capt Sir T. Cochrane, 1825. Capt. Prescott, 1884. Maj.-Gen. Sir J. Harvey.l 841. Hon. F. W. A. Brace, 1846. Lt-. Colonel Sir J. G. Le Mar- chant, 1847. Ker Baillie Hamilton, 1852. C. H. Darling, Mar. 26, 1855. OEDEES IN COUNCIL EELATING TO NEWFOUNDLAND. Tear. Orders in Council. 1619 1624 1628 (February 14.) Appointing a Committee to con- sider of planting a Settlement' in the island of New- foundland. (March 14.) For suppressing disorders at the fish- eries at Newfoundland. (March 14.) For limitation as to the Newfoundland fleet in respect of impressment for the navy. (Febraary 25.) Granting licence to Lord Baltimore . to export a certain quantity of corn for the relief of the plantations. NEWFOUNDLAND. 211 Year. Orders in Council. 1 636 (January 34.) Proposing fundamental lawfs for the government of the Colony, especially as to the ma- nagement of its fishery. (January 29 ) Ordering all parties using the fishing trade to contribute rateably to its charges. 1637 (June 23.) Framing regulations as between the patentees for the Colony and the deputies of the western ports as to duties to be paidat the fishings there. 1640 (September 9.) Ordering Commission to inquire into oppressive conduct of Captain Kirke there, on the complaint of certain Devonshire merchants. 1 669 (February 4.) Ordering Chaplain to be sent with the next convoy to Newfoundland, " for the keeping of the people now living in that island in Chris- tianity." 1671 (March 10.) Ordering insertion of certain rules and orders in the Newfoimdland charters. 1676 (April 19.) Directing Lords of the Admiralty to give instructions respecting certain ships going to Newfoundland. 1684 (May 2.) Ordering account of trade and fishery there to be transmitted yearly to Committee for Trade and Plantations. 1700 (January 33.) For providuig pay and clothing to extent of £373 Os. lOrf. for forces there. Orders to Treasury and Admiralty accordingly. 1729 (May 14.) For effecting certain alterations in the government; and directing Bishop of London to send out a Chaplain with Lord Vere Beauclerk,^ " who is to endeavour to procure for said Chaplain a maintenance from the people there." 1769 (May 3.) Granting to the Society of the Unitas Fratrum permission to occupy 100,000 acres of land on Esquimaux Bay on the coasts of Labrador, and to establish a Mission there during His Majesty's pleasure: also ordering the Master General of the Ordnance to supply the said Society with 50 muskets. 1778 (May 11.) Approving instructions to Governor em- powering him to receive one-tenth of metals raised from copper mines. 1779 (August 13.) Permitting 400 tons of bread and flour to be exported fi'om Poole to Newfoundland, for use of fisheries. 212 AMERICAN DEPENDENCIES. Tear. 1791 1829 1836 1839 1843 1845 1849 Orders in Council. (February 17.) Allowing exportation from United States of certain quantities of flour and Indian com during fishing season. (July 16.) Declaring port of St. John's a free ware- housing port. (May 18.) Declaring Harbour Grace a free port. (September 30.) Approving instructions to Go- vernor authorising him to apply to Bishop of New- foundland* instructions in which Bishop of Nova Scotia is named. (August 37.) Approving commission and instruc- tions to Governor for carryitig into effect, 5 & 6 Vict, cap. 130, for amending constitution of Government of Newfoundland. (Nov. 30.) Approving instructions to Governor re- specting oaths to be talcen by members of the Legis- lative Council. (Eevoked by Order, July 6, 1846.) (July 30.) Suspending, during the continuance of an Act passed there, the prohibition against the im- portation of foreign reprints of English books. ACTS OF THE IMPERIAL PARLIAMENT RELATING TO NEWFOUNDLAND. Koyal Assent. Acts of Parliament. 1809 1811 (March 30.) 49 Geo. III. cap. 37.— An Act for establishing Courts of Judicature in Newfoundland and the islands adjacent, and for re-annexing part of the coast of Labrador and the islands lying on the said coast to the Government of Newfound- land. (May 31.) 51 Geo. III. cap. 45. — An Act relating to the public use of certain ship rooms in the town of St. John's, and for instituting Surrogate Courts on the coast of Labrador and in certain islands adjacent thereto. By patent of July 10, 1839, the diocese was constituted. NEWFOUNDLAND. 213 Boyal Assent. 1813 1817 1819 1820 1824 1842 1849 Acts of Farliament. (April 15.) 53 Geo. III. cap. 38. — ^An Act for regu- lating the exportation of corn and other articles to Newfoundland, Nova Scotia, the bay of Chaleur, and the coast of Labrador. (June 27.) 57 Geo. III. cap. 51. — An Act to regu- late the celebration of marriages in Newfoundland. (June 14.) 59 Geo. III. cap.. 38.— An Act to enable His Majesty to make regulations with respect to the taking and curing fish on certain parts of the coasts of Newfoundland, Labrador, and His Majesty's other possessions in North America, according to a Convention made between His Majesty and the United States of America. (July 15.) 1 Geo. IV. cap. 51. — ^An Act to regulate the rebuilding of the town of St. John's, in New- foundland, and for indemnifying persons giving up ground for that purpose. (June 17.) 5 Geo. IV. cap. 67.— An Act for the better administration of Justice in Newfoundland, and for other purposes. (Continued by 10 Geo. IV. cap. 17). (August 12^.) 5 & 6 Vict. cap. 120.— An Act for amending the constitution of the Government of Newfoundland. (Continued by 9 & 10 Vict. cap. 45, and JO & 11 Vict. cap. 44.) (May 24.) An Act to confirm certain Acts of the Legislature of Newfoiindland respecting the rebuild- ing of the town of St. John's, and to enable the said Legislature to make other provisions in that behalf. PARLIAMENTARY REPORTS, ACCOUNTS, AND PAPERS RELATING TO NEWFOUNDLAND. Tear. Sessional Number. Parliamentary Eeports, &c. 1801 1817 121 436 Accounts respecting the Newfoimdland fisheiy. Reports and evidence on the trade and state of the Settlement of Newfoundland. 214 AMERICAN DEPENDENCIES. Tear. 1819 1834 1826-7 1831-8 1849 1851 1854-5 Sessional Humber. 541 71 113 153 543 (515) (704 1 337 169 373 Parliamentary Keports, &c. Account of Newfotijidland imports and exports. Papers and accounts relating to New- foundland. Number of vessels cleared from the United Kingdom to Newfoundland, and value of imports and exports from ^ 814 to 1836. Commission appointing Sir T. Coch- rane Governor of the Colony, and autho- rising him to convoke, a Le^slative As- sembly ; also instructions transmitted with the Commission. Eeport from Captain Loch, K.N., to Vice-Admiral the Earl of Dundonald, on the fisheries of Newfoundland and Labra- dor. Con-espondence relating to the assump- tion of the title of Bishop of Newfound- land by the Eoman Catholic Bishop of that Colony. Correspondence on the constitution of Newfoundland. PRINCE EDWARD'S ISLAND. This island is situate between the parallels of 46° and 47° N. latitude, and the meridians of 62° and 64° 30' W. longitude, and comprises an area of about 2150 square miles. It was discovered by Sebastian Cabot on St. John's Day, 1497, and first thence called the " Island of St. John." It was first settled by the French, and alternately held by them and by the English till 1763, when it was ceded to Great Britain, and annexed to the Government of Nova Scotia. The survey of the island having beeji completed in 1766, a mandamus under the King's sign manual was issued PRINCE EDWARD'S ISLAND. 215 in August, 1767, to the Governor of Nova Scotia, commanding him to issue tickets of allotment to certain officers of the army and navy having claims upon the Crown, vrho drew the tickets by way of lottery. Thus, subject to certain quit rents, nearly all the island was granted by the Crown. At the peti- tion of its inhabitants, the island was constituted a separate Colony, and Walter Paterson appointed its first Governor in 1771. In 1773, a constitution, similar to those of the other North-American Colo- nies, was established, consisting of a Lieutenant-Go- vernor, aided by an Executive Council of nine, and a Legislative Council of six members, appointed by the Crown, and a House of Assembly of 24 members elected by the inhabitants. The Executive Council is nominated by the Lieutenant-Governor, subject to con- firmation by the Crown, but is limited by the royal instructions to nine members, three of whom are members of the Legislative Council, and one of the House of Assembly. In 1851 the system of " Responsible Government" was introduced. The laws in force in the island, besides those of England, which at the time of its acquisition existed, are those of Nova Scotia (so far as they are unrepealed since the island became a distinct Government), and the Acts of Assembly since passed. The Courts of Law are similar to those of West Canada. The salary of the Lieutenant-Governor of Prince Edward's Island was, in 1854, £1500 per annum.* * By patent, dated March 5* 1835, Prince Edwai-d's Island was included in the episcopal diocese of Nova Scotia. 216 AMERICAN DEPENDENCIES. Among the Names of those who have held the Govern- ment ARE those of — Paterson, in 1770. Fanning, 1789. Colonel D. Smith, 1813. Lieutenant-Colonel Eeady, 1833. Colonel Young, 1831. Sir Charles Fitzroy, 1837. Sir E, V. Huntley, 1841. Sir Donald Campbell, 1847. Dominic Daly, May 8, 1854. ORDERS IN COUNCIL RELATING TO PRINCE EDWARD'S ISLAND. Tear. Orders in Council. 1799 1826 1832 1835 1838 1842 1844 1846 (February 1.) Confirming an Act of the Governor, Council and Assembly giving to this island the name of " Prince Edward's," heretofore called the "Island of St. John." (November 20.) Disallowing an Act of the island relating to marriages and baptisms, and making poly- gamy "felony," and confirming four Acts of the island. (March 14.) . Confirming an Act of the island for raising funds by assessment on lands. (March 4.) Empowering Secretary of State to prepare warrant for passing Commission under great seal to empower Lords of Admiralty to appoint vice- admiral, judge and other proper officers for a Vice- Admiralty Court at Charlotte Town, in Prince Ed- ward's Island. (November 5.) Declaaing George Town, in the island, to be a free warehousing port. (August 11.) Declaring Charlotte Town, in the island, a free warehousing port. (September 3.) Establishing certain regulations and restrictions respecting the fisheries on the coasts, bays, creeks and harbours in the island. (July 6.) Approving instructions to Governor to dispense with certain oaths taken heretofore by cer- tain persons. PRINCE EDWARD'S ISLAND, 217 Year. Orders in Council. 1847 1848 (August 10.) Specially confirming, under statute 9 & 10 Vict. cap. 94, an Act to repeal differential duties on exports. (October 31.) Suspending the prohibition against the importation of certain foreign reprints of English books. PAELIAMENTAEY EEPOETS, ACCOUNTS, AND PAPEES EELATING TO PEINOE EDWAED'S ISLAND. Tear. Sessional Number. Parliamentary Reports, &c. 1838 1847 1854 /109 ) \ 148 1 566 104 Eeports on emigration to Prince Ed- ward's Island and other North American Colonies. Address from House of Assembly of Prince Edward's Island praying for re- sponsible government in that Colony. Speech of Lieutenant-Governor of Prince Edward's Island. HUDSON'S BAY TERRITORIES AND VAN- COUVER'S ISLAND. The Hudson's Bay Territories comprise an area of more than half a million of square miles, between the 141st meridian of W. longitude, and the Atlantic Ocean, indented by bays and inland seas, bearing the names of English navigators, who at various periods have explored these regions ; Davis in 1585, Hudson 218 AMERICAN DEPENDENCIES. in 1610, and Baffin in 1616. In consequence of the report of a TVenchman named Grosselin to the British Government in 1668, Charles II. granted a Charter of Incorporation in 1670 to a Company, styled " the Governor and Company of Adventurers of England, trading to Hudson's Bay," of which Prince Rupert was the chief member, and by whose name the territories granted were designated. These territories were declared to be a British Colony, and were granted in free and common socage on payment of two elks and two beavers whenever the Sovereign of England should visit them, to the Company and their successors for ever. After continued conflicts with France, the rights of the Company were recognised by the Treaty of Utrecht in 1713. By statute 43 Geo. III. cap. 138, passed in 1803, and by statute 1 & 2 Geo. IV. cap. 66, passed in 1821, provisions are made for estabUshing a civil and criminal jurisdiction in the Hudson's Bay Terri- tories. In 1838, in pursuance of powers reserved by statute 1 & 2 Geo. IV. cap. 66, and in consideration of a nominal acknowledgment of Is. per annum, and a bond for the due execution of civil and criminal pro- cess, and the registration of all persons employed by the Company, a licence of exclusive trade vrith the Indians for 21 years was granted to the Company, then amalgamated with the North- West Association of Montreal, over all that portion of the North-Ame- rican continent which was beyond the boundaries of existing Colonies. Provided always, that such licence should not interfere with Treaties or rights of foreign HUDSON'S BAY TERRITORIES, ETC. 219 Powers. By the Oregon Boundary Treaty signed at Washington, June 15, 1846, the 49th parallel of N. latitude was defined as the limit on the Pacific shore of British and United States Territory in North Ame- rica, and is now, therefore, the southern boundary of the Hudson's Bay territories. The Government of the territories is administered under the provisions of the Charter of 1670, by Governors, and Councils of Chief Pactors and Chief Traders at their various esta- blishments, at the principal of which there is also a Recorder, Sherifi', and Coroner. Trial by jury has been established. Vancouver's Island, on the W. coast of North America, is situate between the parallels of 48° 17' and 50° 55' N. latitude, and 123° 10' and 128° 30' W. longitude. By a Charter dated January 13, 1849, in consideration of a yearly rent of 7*., and on con- dition of the establishment within five years of a Set- tlement on the island of resident Colonists, and re- serving rights of repurchase, Vancouver's Island was granted to the Hudson's Bay Company and their suc- cessors for ever. The Government of the island is administered by a Governor appointed by the Crown, on the nomination of the Hudson's Bay Company, aided by a Council of seven members likewise so appointed. The Governor is empowered to divide the island into Electoral Dis- tricts, and to convene an Assembly, fixing also the number of Representatives, to be elected by the inha- bitant freeholders of 20 acres. 220 AMERICAN DEPENDENCIES. OKDEES IN COUNCIL EELATING TO THE HUD- SONS BAY TERRITOEIES AND VANCOUVEE'S ISLAND* Tear. 1678 1815 1848 1849 1850 Orders in Council. . (May 17.) Permitting, notwithstanding embargo, the two ships " Shaftesbury" and " Rupert" to sail to Hudson's Bay. (May 31.) Permittiirg the Hudson's Bay Company to send out 180 passengers on board one of their ships. (October 31.) Approving Charter granting Van- couver's Island to the Hudson's Bay Company, sub- ject to certain conditions. (July 30.) Empowering Lords of Admiralty to con- stitute a Court of Vice-Admiralty at Vancouver's Island. (January 8.) Approving device of seal for the Go- vernment of Vancouver's Island. ACTS OF THE IMPERII PARLIAMENT EELATING TO THE TEEEITOEIES OF THE HUDSON'S BAY COMPANY AND VANCOUVER'S ISLAND. Boyal Assent. 1821 1849 Acts of Parliament. (July S.) 1 & 3 Geo. IV. cap. 66.— An Act for re- gulating the fur trade of the Hudson's Bay Com- pany, and establishing a criminal and civil jurisdic- diction within certain parts of North America (July 28.) 12 & 13 Vict. cap. 48.— An Act to pro- vide for the administration of justice at Vancouver's Island. • By patent, dated May 21, 1850, the episcopal diocese of Rupert's Land was constituted. BERMUDAS. PAELIAMENTAEY REPOETS, ACCOUNTS, AND PAPEES RELATING TO THE HUDSON'S BAY TERRITORIES AND VANCOUVER'S ISLAND. 221 Year. Number. Parliamentary Seports, &c. 1819 1828 1843 1849 1850 1858-3 684 429 547 18 103 542 83 Papers relating to the settlement of cer- tain transactions between Lord Selkirk and the North-West and Hudson's Bay Compflnies. Estimate of public buildings and ex- pense of civil establishments on the coast of Labrador. Copy of the existing Charters of grant to the Company by the Crown, and corre- spondence relating thereto. Correspondence relating to Vancouver's Island. -Despatches and papers relating to Van- couver's Island; also copy of Charter of grant thereof to the Hudson's Bay Com- pany, and report of the Committee of Privy Council for Trade on the grant. Papers relating .to the legality of the Powers in respect to territory, trade, taxa,- tion, and government claimed or exercised by the Company on the continent of North America, under the Charter of Charles II., or in virtue of any other right or title. Papers relating to Vancouver's Island, being returns of lands sold, and number of colonists. BERMUDAS. The Bermudas form a cluster of about 300 islands, the chief of which are Bermuda, St. George, Ireland, and Somerset. They comprise altogether an area of about 12,000 acres. They derive their name from Bermudez, a Spaniard, who first sighted the islands in 1527, and were first colonised in 1611, by a brother of Sir George 222 AMERICAN DEPENDENCIES. Somers, on whose report the Virginia Company claimed them, and sold their right to 120 persons, who received a Charter from James I. in 1612. In 1619, Captain Butler went out as Governor, and Representative Government was established. By Order in Council, dated June 23, 1824, certain male convicts were ordered to be kept to hard labour "at the Bermudas. The Government of the Bermudas is administered by the Governor, and a Privy Council of 10 members, appointed by the Crown on the nomination of the Governor, who also act as a Legislative Council.* The Bishop and Chief Justice are ew-qfflcio members. There is also a House of Assembly of 36 members, representing all the parishes of the island. The Go- vernor of Bermudas is also styled Vice-Admiral and Commander-in-Chief. His salary was, in 1864, £2746 per annum. Among the Names of fobmer Governors, we find the fol- lowing : — 16 la. Daniel Tucker, 1619. Captain Butler. 1686. Sir Edmund Andrewes. 1692. Captain Goddard. 1698. Samuel Day. 1700. Captain Bennett. 1713. Henry PuUein. 1721. John Bruce Hope. 1727. Captain John Pitt. 1737. Almeid Popple. 1745. William Popple. 1764. George James Bruere. * By patent, dated July 17, 1839, the Bermudas were an- nexed to the episcopal diocese of Newfoundland, constituted: by that patent. BERMUDAS. 223 1781. William Bruere. 1790. Henry Hamilton, 1794. James Crawford. 1796. WiUiam Campbell. 1797. April 7, George Beckwith. 1805. January 31, Francis Gore. 1806. March 3, John Hodgson. 1811. April 26, Sir James Cockbum. 1819. July 1, Sir William Lawley. 1895. September 15, Sir Hilgrove Turner. 1831. SirL. R. Chapman. 1839. February 8, Lieutenant-Colonel Eeid. 1846. October 1, Captain Charles Elliot. 1854. July 84, Colonel Freeman Murray. ORDEES IN COUNCIL RELATING TO BERMUDAS. Tear. 1623 1628 1637 1639 1680 1739 1762 Orders in Council. (April 38.) Order respecting complaint of planters of seizure of tobacco in England for payment of an imposition of id. in the pound. (December 8.) Approving report of Commissioner on the state of the plantations, and imposing a duty on tobacco for defraying the debts of the adven- turers. (July 7.) Ordering abatement of duty on tobacco imported therefrom, and that less should be planted for the future. (July 12.) Permitting logwood brought thence to be re-exported. (August 35.) Licensing the ship "Dorset" to go thither, the passengers first taking oath of allegiance at Gravesend. (July 81.) Directing Attorney-General to bring writ of " Quo Warranto" against Bermuda Company, in pursuance of Order of November 12 last past. (November 9.) Ordering Secretary-at-War and Board of Trade to lay before Council a report of forces sent to these islands durmg the wars in the reigns of King William and Queen Anne. (November 26.) Confirming two Acts providing, by an import duty on wine and rum, for the payment of the members of Council and Assembly. 224 AMERICAN DEPENDENCIES. Tear. Orders in Council. 1824 1833 1835 1836 1838 1839 1840 1848 1849 (June 33.) Directing certain male convicts to be kept to hard labour at Bermudas. (July 3.) Confirming Act passed in the island for providing salary for the minister of the Presbyterian Church Siere. (August 14.) For leaving to its operation an Act passed in the island relative to the conviction of offenders transported to Bermudas from Great Bri- tain. (July 31.) Declaring that adequate provision has been made there for giving effect to statute 3 & 4 Will. IV. cap. 73, and confirming an Act passed in the island, in February, 1834, for the abolition of slavery there. (October 26.) Declaring the port of St. George, in the Bermudas, a free warehousing port. (February 15.) Approving Commission and in- structions to Governor Sir Andrew Leiih Hay. (September 30.) Approving instructions to Go- vernor authorising him to apply to the Bishop of Newfoimdland previous instructions in which Bishop of Nflva Scotia is named. (October 3.) Approving proclamation of Governor regulating value of certain foreign coins now current in Bermudas (December 8.) Declaring Hamilton, in Bermudas, a free warehousing port. (April 15.) For assenting to an Act passed in the island to repeal certain Customs duties. . (February 13.) Suspending, during the continuance of an Act passed there, the prohibition against the importation of foreign reprints of English books. BERMUDAS. 225 PAELIAMENTARY REPORTS, ACCOUNTS, AND PAPERS RELATING TO THE BERMUDAS. Tear. Sessional Number, 1810-11 94 \ 1813-14 39 / 1814-15 224 ( 1816 166 ) 1833 325 1824 17 1895 29 1826-7 161 •) 1828 122 ( 1829 41 f 1880 89; 600 1853-3 937 1854 ■428 Parliamentary Keports, &c. Estimates of the charge of the civil establishments at the Bermudas in various years. Contracts for clothing and provision of convicts. Estimate of the cost of confining, main- taining, and employing convicts at the Bermudas. Comparative estimate of the cost of maintaining and employing convicts at home and at the Bermudas. Estimates of the charge of the civil establishments at the Bermudas in various years. Return of convicts in the hulks at the Bermudas and in England. Despatches relative to the revival of Bishyp Berkeley's College at the Bermu- das, and return of grants and endowments for religious education there from January, 1843. Return respecting the temporary admi- nistration of the Government. 226 AMERICAN DEPENDENCIES. SECT. II. — CENTRAL AMERICAN DEPENDENCIES. Honduras, and the Antilles or West Indian Islands, com- prising the Bahamas, Jamaica; The Leeward Islands (Antigua, Dominica, Montserrat, Nevis, St Christopher, Anguilla, Virgin Islands, and Barhuda); The Windward Islands "(Barbadoes, St. Vincent, Grenada and the Gre- nadines, and Tobago) ; Trinidad and St. Lucia. HONDURAS. Honduras is a territory in Central America, situate between the parallels of 1 5° and 1 9° north latitude, and the meridians of 88° and 90° west longitude. Portwo centuries after its coast was first explored by the Spaniards in 1498, it was occupied by buccaneers of all nations. English occupation was recognised in the Treaty of 1670, and by the Treaty of Utrecht in 1714; and though not mentioned in the peace of Amiens, Honduras is now admitted to be a British Dependency, and has been governed for a century past by a Superintendent appointed by the Crown, and holding his commission under the Governor of Jamaica. In 1765, a rude form of Representative Government was established by Sir William Bumaby, and a system of administration of justice (the laws of England being in great measure adopted) was framed, and in 1809 a code was drawn up and printed. The courts are styled the " Supreme Com- mission Court," and the " Grand Court," being tri- bunals of civil and criminal jurisdiction. Trial by jury exists in Honduras. The Civil Government was, until recent changes, administered by the Su- HONDURAS. 227 perintendent, aided by an Executive Council of 9 members, appointed by the same authority. Of this Council the Chief Justice, the Colonial Secretary and Treasurer, the Attorney- General, and the officer com- manding the forces, were members. The Representa- tive Assembly, called the " Public Meeting," as esta- bhshed in 1765, was elected by the British-born subjects, two years resident, and possessed of £60 sterling. The qu.alifications of a member were three years' residence, and the possession of property to the amount of £300 sterling. The number of the " Public Meeting " was unlimited ; any candidate supported by 25 registered electors being eligible; the number was at one time 64. The members of the " Public Meeting " were elected for hfe, and as- sembled at stated periods on the first Monday in the months of March, July, and November. The initiatory power rested with the Superintendent ; all measures, initiated with his consent and subsequent confirmation, had the force of law within the Settle- ment, unless disallowed by superior authority. In 1853, an Act was passed by the Superintendent and Public Meeting, intituled " An Act to amend the System of Government of British Honduras," which is the basis of its present constitution. By this Act it is provided that the Legislature of Honduras shall consist of the Superintendent and a Legislative Assembly of 17 elected, and 4 nominated members (13 besides the Speaker to form a quorum). The qualifications of members to be full age, native birth or naturalization, and the possession of personal pro- Q 2 328 AMERICAN DEPENDENCIES. perty within the Settlement, to the amount of £400 sterUng. The quahfications of electors to be the ownership or occupation of real property, to the amount of £7 per annum. The Assembly to last four years, subject to prorogation or dissolution. The Su- perintendent to have power to nominate four members for the same period. Judges and ministers of religion disqualified. By s. 42, it is provided that a distinct Executive Council may be appointed to assist the Superintendent. Power is reserved to the Assem- bly to alter the provisions of this Act. Power is also reserved to the Superintendent or officer ad- ministering the Government to give or withhold his assent to Bills, or reserve the same. Bills assented to may be disallowed by Her Majesty within one year after receipt by Act of State. Civil List of £6100 to be granted for civil and judicial salaries in British Honduras, £1200 being set apart for public worship. The officers of the Government, and their salaries, as contained in the Schedule to the Act, are as foUows : — Superintendent* . £1800 per annum Chief-Justice . 1000 Police Magistrate 600 Attorney-General 300 Colonial Secretaiy 600 Treasurer . 600 The Bay Islands, of which Ruatan is the chief, are Dependencies of Honduras, under a magistrate* appointed by the Superintendent. * Wm. Stevenson and Charles H. Cuyler, Esqrs., now hold these offices, under a commission, dated June 7, 1864. HONDURAS. 229 ORDEES IN COUNCIL RELATING TO HONDURAS. Year. Orders in OounciU 1834 1852 (January 24.) Establishing a registration of slaves in British Honduras. (June 5.) Giving effect in that Settlement to the statute 3 & 4 WiU. IV. cap. 73, for the abolition of slavery. (August 13.) Gazetting certain regulations made by the Superintendent for giving effect to the Slavery Abolition Act, and declaring that satisfactory provi- sion has been made for giving effect to the said Act. (March 5.) Approving letters patent for erecting the islands of Ruatan, in the bay of Honduras, into a Colony, under the name of the " Bay Islands." (November 10.) Approving device of a seal for the Government of the " Bay Islands." PARLIAMENTARY REPORTS, &c., RELATING TO HONDURAS.* Year. Sessional Number. 1826-7 1829 1836 1844- 37 334 607 591 Parliamentary Reports, &c. Papers relating to the appointment of Major Arthur as Commandant, in 1814. Report of Commissioners on civil and criminal justice in Honduras. Retm-n of expense of Government of Honduras from 1824 to the present time. Returns relating to population, educa- tion, trade, and shipping from 1840 to 1842. * Vide infra, p. 276. 230 AMERICAN DEPENDENCIES. THE BAHAMAS, A cluster of islands (extending from the south coast of Florida, to the north of St. Domingo), the chief of which are New Providence, Eleuthera, and the Cays of Grand Bahama, comprise an area of about 5000 square miles. After the discovery of the islands by Columbus in 1494, they were alternately occupied by the Spaniards, French, and English, and by buccaneers of all nations, until 1783, when they were finally confirmed to Great Britain, by the peace of Versailles. Representative Government has existed in the Bahamas for more than a century. AU male inhabitants of full age being freeholders to any amount, or householders for six months pre- ceding the election, possess the franchise as electors for the House of Assembly. The first Act of As- sembly on record was passed in 1764, being an Act for the Registration of Deeds and Conveyances. In 1799, a Declaratory Act, the provisions of which have been since extended, was passed, recognising about 200 Imperial Slatutes (fi-om 9 Henry III., cap. 8, downwards),, as of force in the Bahamas, together with all Acts touching the Prerogative of the Crown. The present constitution consists of a Governor, aided by an Executive Council of 9 members, a Legislative Council also of 9, and a Representative Assembly of 31 members. All the members of the Executive Council have seats and votes in one of the branches of the Legislature. THE BAHAMAS. 231 Nassau, in New Providence, is the seat of Gbvern- ment. The chief officers of the civil estabUshment at the Bahamas, were in 1851 as follows : — The Governor and Commander-in-Chief, the Colonial Secretary, the Receiver-General, the Chief Justice of the Vice-Ad- miralty Court, the Comptroller of Customs, Attorney- General, and Provost Marshal. The Governor's salary was, in 1854, £2000 per annum. Among the Names of those who have administeeed the govebnment are the following: Woodes Eogers, July 9, 1717. WiUiam DowdesweU. Charles Cameron. Major-General Lewis Grant. G. B. Mathews, March i, 1834. . Sir Alexander Bannerman, March 9, 1 854. OEDEBS IN COUNCIL RELATING TO THE; BAHAMAS. Tear. 1728 1798 1806 1826 Orders in Council. (July 38.) Empowering the Governor to call assem- blies in the Bahamas. (February 7.) Confirming two Acts passed in the island : 1. For limiting the duration of the General Assemblies ; 3. Requiring actual residence of certain officers receiving salaries. (November 19.) Authorising the Governor to grant licences to British vessels to trade, under certain restrictions, to the ports of St. Domingo. (May 3.) Approving report of Committee for an Order of December 18, 1824, regulating the proceed- ings of the Court of Policy in framing laws for the government of Demerara. (December 15.) Regulating proceedings on appeals from the Supreme Court of Civil and Ciiminal Jus- tice in Demerara and Essequibo. (March 18.) Approving report of Committee on four petitions of proprietors and mortgagees of estates 282 AMERICAN DEPENDENCIES. Tear. Orders in Council. in Demerara against the compulsory manumission of slaves. 1839 (May 13.) Confirming ordinance of Lieutenant- Governor and Council of Berbice respecting the manumission of slaves there. (Revoked February 3, 1830.) (June 10.) For enabling slaves to purchase their own freedom on an appraisement in Demerara, in cases where the owner may be unable or unwilling to effect their manumission by private contract. (October 13.) Recognising validity of Ordinances of Lieut-Governor and Court of Policy of Demerara. 1830 (November 8.) Establishing a Court of Judicature in British Guiana. 1831 (June 30.) For making further provision for the administration of justice in British Guiana. (November 3.) For improving the condition of the slave population in Demerara and Berbice. 1833 (August 15.) Providing for the selection of asses- sors in the Courts of Justice in British Guiana. (November 6.) Confirming an Ordinance of British Guiana for establishing inferior Courts of Justice there. 1834 (Jime 5.) Confirming (with certain exceptions) an Ordinance of British Guiana giving effect to an Act of the Imperial Parliament for tiie abolition of slavery. 1836 (June 34.) Confirming an Ordinance of British Guiana, of March 8, 1834, for the government and registration of apprenticed labourers. (December 31.) Authorising all special Justices of the Peace appointed in pursuance of the Slavery Abolition Act, and all clergymen and other teachers of religion, and medical practitioners, to enter and inspect, at their discretion, all hospitals and other places in the Colony for the reception of the sick. 1836 (June 39.) For defining the word "employer," as occurring in Ordinance of March, 1834, of Lieut.- Govemor and Court of Policy of British Guiana. 1838 (April 85.) For regulating the supply of food to apprenticed labourers in British Guiana, and for revising the classification of apprenticed labourers. (May 15.) Approving Commission and instructions to Governor H. Light, Esq. BRITISH GUIANA. 283 Orders in Council. (September Y.) For regulating rights and duties of masters and servants in British Guiana, and for pre- venting and punishing vagrancy there, and for pre- venting the unlawful occupation of land there, and for regulating the law of marriage there. (October 6.) For preventing encroachments on un- settled land in British Guiana. (October 6.) For confirming, with certain amend- ments, two Oi'dinances of British Guiana for incor- porating a bank there, to be called the " British Guiana Bank." (November 29.) For enabling the Governor to dis- pense, at his discretion, with the services of the militia. (February 20.) For saving to the clergy the hereto- fore-existing marriage fees. (May 3.) Approving proclamation of the Governor declaring the value of Spanish, Mexican, and Colum- bian doubloons, and of British silver, in the currency of British Guiana. (August 26.) Declaring George Town, in Deme- rara, a free warehousing port. (March 5.) Confirming, with certain exceptions, an Ordinance of British Guiana respecting the establishment of a Mayor and Town Council at George Town. (September 11.) Declaring New Amsterdam, in Berbice, a free warehousing port. (Tune 23.) Amending Order of September 7, 1838, respecting contracts between masters and servants. (April 27.) Disallowing, under certain contingen- cies, an Ordinance of British Guiana to regulate and encourage immigration. (June 3.) Continuing to the Combined Court of British Guiana, during the term of a civil list granted to Her Majesty, the functions of controlling, subject to the civil list arrangements, the general amount of the revenue to be raised there, and the appropriation thereof. (January 4.) Amending an Order of June 20, 1831 , for regulating the administration of justice in British Guiana. (January 4.) Modifying, in the case of emigrants from the United States, the provisions of Order of 284 AMERICAN DEPENDENCIES. Year. Orders in Council. September 7, 1838. (Eevoked by Order of July 6, 1846.) 1843 (April 3.) Authorising Governor and Court of Policy to make laws regulating the administration of civil and criminal justice in British Guiana. (June 10.) Empowering Governor to alter provi- sions of Orders of September 7, and October 6, 1888. 1845 (April 26.) Authorising the re-enactment of an Or- dinance irregularly passed, January 13, 1845, respect- ing the payment of interest on redemption of a loan of £150,000, to be raised for immigration purposes. 1847 (October 30.) Declaring, under statute 9 & 10 Vict, cap. 94, Her Majesty's assent to an Ordinance of June 16, 1847, respecting Customs duties on imports into British Guiana, under statute 8 and 9 Vict, cap. 93. 1850 (January 8.) Confirming an Ordinance of Septem- ber 26, 1849, " to extend the exercise of the Elective Franchise in British Guiana, to establish a Qualifica^ tion for Members of the College of Electors, and of Financial Representatives to divide the Colony into Electoral Divisions, and to repeal Ordinance No. 86 of the year 1836. (August 14.) Authorising the employment of steam or other vessels of foreign build, and owned by foreigners, in the coasting trade of British Guiana. 1851 (October 23.) Suspending, during the continuance of an Act passed in British Guiana, the prohibition against the importation into that Colony of foreign reprints of British books. (December 26.) Empowering Governor and Court of Policy to pass Ordinances for making certain changes in the constitution of the said Court, and of the Combined Court. 1853 (August 19.) Continuing to the Combined Court, for a stated time, certain privileges guaranteed to them by Order of June 3, 1842. 1854 (January 30.) Approving commission and instruc- tions to P. E. Wodehouse, Esq. (April 24.) Confirming an Ordinance of British Guiana, establishing a Board for the Relief of the Poor. (March 9.) E.xtending to British Guiana the provi- sions of an Order of August 19, 1853, regulating BRITISH GUIANA. 385 Year. Orders in Council, 1855 the ate at which AmericEui gold shall pass current there. (February 28.) Authorising the Governor and Court of Policy of British Guiana, to make certain changes in the constitution of the said Court, and of the Combined Court. PAELIAMENTAEY PAPEES EELATING TO BRITISH GUIANA.* Tear. Sessional Number. Parliamentary Beports, &c. 1812 1816 1824 1829 1830 1837-8 1840 355 (509) |528f (-1581 -I 333 I (^338 J 335 262 fl80[ t232| 77 151 404 Papers relative to the appointment of Commissioners for managing the Crown estates in Berbiee, and on the continent of South America. Papers relative to the Crown estates at Berbiee. Papers relative to the insurrection of slaves at Demerara, and to a Court Martial held there. Report from Protector of slaves at Demerara and Berbiee. Eeport from Protector of slaves. Copies of Orders in Council and Or- dinances on relative duties of masters and labourers in British Guiana. Eeports from, and despatches to, the Governor of British Guiana, respecting Hill Coolies introduced into the Colony. Correspondence between the Secretary of State and the Governor, respecting the immigration of labourers into the Colony of British Guiana. Extracts from Lord Aberdeen's and Lord John Russell's despatches, relating to a civil list for the Colony of British Guiana. * Vide supra, p. 276. 386 AMERICAN DEPENDENCIES. Year. Sessional Number. Parliamentary Keports, &c. 1840 288 Eetum of memorial of Mr. Schomburgh, who lately explored the interior of the Colony of British Guiana. 1843 404 Correspondence relating to the retm-n of CooHes from that colony to India. 1846 514 Crown land sale regulations. 1847-8 184 List of estates, and abandoned estates in British Guiana, the whole or part of which have been purchased by agricultural labourers. 1850 21 Despatches respecting certain disputes between the Governor and the Combined Court, concerning the estimates. 1851 154 Correspondence between the Governor and Earl Grey, on Constitutional Eeform in the colony. 1852 405 Despatches from Governor Barkly, dated November, 1861, and January, 1852. 1853 986 Eeturns relating to Chinese immigration to British Guiana. THE FALKLAND ISLANDS. These islands are situate between the parallels of 51° and 53° S. latitude and the meridians of 57° and _ 62° W. longitude. They consist of two large and about 100 smaller islands, comprising an aggregate area of about thi'ee and a half million acres. The islands were discovered in 1594 by Hawkins, and were alternately held by French, Spaniards, and EngHsh, till 1774, when they were for a time abandoned, and finally, after a temporary occupation by the Argentine Republic, the Falklands were, in 1833, taken possession of by the British Government for the protection of the Whale FALKLAND ISLANDS. 287 Fishery, and a Governpr placed there. The southern portion of ' East Falkland having been granted to M. Lafone, a merchant at Buenos Ayres, is now held by the Falkland Islands Company. The Government of the Falklands is administered by a Governor and an Executive Council, consisting of the Colonial Surgeon and Stipendiary Magistrate, who, with the Colonial Chaplain, and two unofficial mem- bers, form the Legislative Council, all being appointed by Her Majesty, on the Governor's recommendation. The salary of the Governor and Commander-in- Chief is £800 per annum. OEDEKS IN COUNCIL EELATING TO THE FALK- LAND ISLANDS. Year. 1843 1847 Oi'ders in Council. (June 10.) Approving commission and instruc- tions to E. Clement Moody, E.E., Governor of the islands. (August 23.) Approving device of a seal for the Government of the Falkland Islands. (October 33.) Approving grant of Charter of In- corporation to the Falkland Islands Company. (November 29.) Approving commission and in- structions to G. Eennie, Esq., Governor of the Is- lands. 388 AMERICAN DEPENDENCIES. PAELIAMENTAEY ACCOUNTS AND PAPERS RELAT- ING TO THE FALKLAND ISLANDS. Year. Sessional Number. Farliamentaiy Reports, &c. 1841 1844 1845 3 591 108 129 193 Papers relating to the colonisation of the Falkland Islands. Quantities of the principal articles im- ported and exported to and from the Falklands. Estimate of sum required to defray the expenses of the civil establishment at the Falklands. Correspondence respecting liie issue of inconvertible paper-money in the Falk- lands. Betum of the various parliamentary grants, from 1840, and of the annut^ income and expenditure of the Falklands. PITCAIRN'S ISLAND. This island is situate in 25° 4' S. latitude, and 130° 8' W. longitude, and comprises about 1200 acres. It was originally discovered in July, 1767, by Captain Carteret of His Majesty's sloop Swallow, and by him named Pitcairn's Island from a young man who first saw it, son of Major Pitcairn. There were traces of a native race and of their idols, but the island was unin- habited when taken possession of by the mutineers of the Bounty in December, 1789. They were first visited by an English ship in 1814, and on November 30, 1838, the island was formally taken possession of for the British Crown by Commander Elliott of Her AMERICAN DEPENDENCIES. 289 Majesty's sloop ¥ly, who drew up the laws by which the inhabitants have since been governed. The au- thority is vested in a Chief Magistrate, elected every year by the votes of all above 18 years of age, aided by two Councillors, one elected by the votes of the people, the other nominated by the magistrate. The magistrate swears allegiance to Her Majesty. The appeal in cases of dispute is to the captain of the first Queen's ship visiting the island. ACTS OF THE IMPEEIAL PAELIAMENT KELATING TO THE CENTEAL AND SOUTHEEN AMEBI- CAN DEPENDENCIES. Eoyal Assent. Acts of Farllament. 1806 1808 1820 1825 1832 (July 3.) 46 Geo. III. cap. 80. — ^An Act to provide for the more effectual examination of accounts of the expenditure of the public money in the West Indies, and for the better discovery of frauds and abuses therein. (June 23.) 48 Geo. III. cap. 91.— An Act for enabling the Commissioners appointed to examine accounts of public expenditure in the West Indies more effectually to investigate the said accounts. (July 14.) 4 Geo. IV. cap. 50. — An Act to carry into effect certain licences permitting the removal of negro slaves from the Bahama Islands to Deme- rara. (July 5.) 6 Geo. IV. cap. 88. — An Act to make provision for the salaries of certain bishops and other ecclesiastical dignitaries and ministers in the dioceses of Jamaica, Barbados, and the Leeward Islands, and to enable His Majesty to grant annui- ties to such bishops on the resignation of their offices. •(Amended by 7 Geo. IV. cap. 4.) (August 16.) 2 & 3 Will. IV. cap. 125.— An Act for enabling His Majesty to direct the issue of Exche- quer bills to a limited amount for the purposes and 290 AMERICAN DEPENDENCIES. Koyal Assent. 1833 1836 1838 1843 1843 1844 1848 1850 Acts of Parliament. in tHe manner therein mentioned, and for giving relief to Trinidad, British Guiana, and St. Lucia. (Amended by 5 & 6 Will. IV. cap. 51, and 3 & 4 Vict, cap. 40.) 3 & 4 WiU. IV. cap. 73.— An Act for the abolition of slavery. (June 7.) 6 & 7 Will. IV. cap. 17.— An Act to make provision for the better administration of justice in certain of His. Majesty's West India Colonies. (August 4.) 1 & 2 Vict. cap. 67. — ^An Act for the better government of prisons in the West Indies. (August 14.) 1 & a Vict. cap. 92.— An Act to repeal the 4| per centum (or West India) duties. (March 23.) 5 Vict. (Sess. 2.) cap. 4.— An Act to provide for the increase in the number of bishoprics and an^deaeonries-in the West Indies, and to amend the several Acts relating thereto. (August 22.) 6 & 7 Vict. cap. 63.— An Act for granting relief to the islands of Antigua, St. Kitt's, Nevis, Montserrat, and Dominica. (August 24.) 6 & 7 Vict. cap. 87.— An Act for raising £11,133,000 by Exchequer bills, for the ser- vice of the year 1843, and for amending an Act for granting relief to certain islands in the West Indies. (June 6.) 7 Vict. cap. 19. — ^An Act for giving addi- tional powers to the Commissioners for the relief of certain of Her Majesty's Colonies and Plantations in the West Indies. (June 9.) 11 Vict. cap. 22. — An Act for granting relief to the island of Tobago, and for aiding the Colonies of British Guiana and Trinidad in raising money for the promotion of the immigration of free labourers. (September 5.) 11 & 13 Vict. cap. 130.— An. Act for guaranteeing the interest on such loans, not ex- ceeding £500,000, as may be raised by the British Colonies on the continent of South America and the West Indies for certain purposes. (Amended by .16 Vict. cap. 4.) (May 31.) 13 Vict, cap. 15. — An Act to authorise the establishment of Courts of Appeal for certain of Her Majesty's West India Colonies. AUSTRALASIAN DEPENDENCIES. 291 CHAPTER VI. AUSTRALASIAN DEPENDENCIES, I. — Australia or New Holland, comprising New South Wales, Victoria, South Australia, and Western Aus- tralia. II. — Tasmania and Norfolk Island. III. — New Zealand, including tbe Chatham and Auckland Islands. AUSTRALIA. I.— NEW SOUTH WALES. ■VTEW SOUTH WALES (as defined by section 46 of -'■^ the Provincial Act embodied in statute 18 & 19 Vict. cap. 54) comprises " all that portion of AustraUa which is situate between the meridians of 129° and 154° E. longitude, and northward of the 40th parallel of S. latitude, save and except the territories com- prised within the boundaries of the Colonies of South Australia and Victoria." The Colony of New South Wales, subject to certain powers of subdivision reserved to the Imperial ParUa- ment, now comprises an area of 680,000 sqiiare miles, exceeding that of the united territories of France, Austria, and Turkey. V 3 292 AUSTRALASIAN DEPENDENCIES, The continent of Australia was discovered by a French Commander early in the 16th century, after- wards visited at various times by Portuguese, Spanish, Dutch, and English ships, and was first colonised in 1788, in pursuance of statute 24 Geo. III. cap. 56. By that Act His Majesty in Council was empowered to appoint to what place beyond the seas either within or without His Majesty's dominions, offenders (who from 1619 till the commencement of the War of Independence in 1774, had been chiefly exiled to America*) should be transported. By two Orders in Council, dated December 6, 1786, the eastern coast of Australia, and the adjacent islands were fixed on as the places of banishment, in consequence of the re- port of Captain Cook who had visited the country in 1770. Between 1788 and 1840, about 80,000 convicts were sent from this country to , New South Wales, under a system organised and regulated by various Acts of Parliament and Orders in Council framed under their provisions. . By one of these Orders, dated September 4, 1848, the system of inter-colonial transportation by virtue of which New South Wales had been up to that time a receptacle for offenders from other Colonies, was dis- continued, so far as New South Wales was concerned. The system of transportation from the United Kingdom continued, nevertheless, until 1851, when, by Order in Council, dated June 25 in that year, so much of * Vide Chapter VII., on Transportation. NEW SOUTH WALES. 293 the then subsisting laws and regulations on the sub- ject as related to the Colony of New South Wales and its Dependencies was revoked, and from that date transportation to New South Wales altogether ceased. In the meantime the Civil Government of the Cor lony had undergone various changes. TUl 1843, abso- lute authority was vested in successive' Governors sent out from England, aided by Executive Councils. In 1843, in pursuance of statute 5 & 6 Vict. cap. 76, in addition to the Executive Council (then composed of the Commander of the Forces, the Colonial Secretary and Treasurer, and the Attorney-General appointed by the Crown), a Legislative Council was established, com- . prising, besides the above-named official,s, the Collector of Customs, and Auditor-General, and 6 non-official members, appointed by the Governor, and confirmed by the Crown, also 34 elected members, making in all 36. The southern or Port Philip district was to be represented by 6 of the 24 elected members ; New South Wales proper by the remainder. The next change in the constitution of New South Wales was effected by the provisions of statute 13 & 14 Vict. cap. 59, which received the royal assent August 5, 1850. By that Act, which severed the southern, now the Colony of Victoria, from the northern dis- trict, and defined the geographical boundaries of each, the then Governor and Council of New South Wales were empowered to estabUsh electoral divisions in both districts, and to fix the number of members of which the new Councils in each should consist, provided that 394 AUSTRALASIAN DEPENDENCIES. one-third of the members of. each Council should be appointed by the Crown, and the remaining two-thirds be elected by the inhabitants. The quahj&cation of Voters at elections for members of the Councils, esta- blished by the Act, was fixed as foUows : — ^nsstural-bom or naturalised subjects of Her Majesty in New South Wales, unconvicted, or if convicted, pardoned, or having fulfilled their sentences, were entitled to vote under any one of the following qualifications. Free- holders to the value of £100 sterling; householders and leaseholders (for three years or more) to the amount of £10 per annum, or pasture-hcence-holders within the district, provided that, in all cases, all rates and taxes in arrear beyond three months preceding the election should have been paid. The number of members for New South Wales proper, fixed by the Governor and Council, was 48, and the first writs issued summoned them for March, 1851. The quali-- fication of members of the Council remained the same as fixed by sect. 8 of 6 & 6 Vict. cap. 76, by which every candidate was required to be a natural- born or naturahsed subject of the Queen, possessed of an estate of freehold of the value of £100 a year, or of £2000 sterUng, above all charges and incumbrances. The only limitation imposed by the Australian Colo- nies Government Act of 1850, on their powers of in- dependent legislation, was that which prescribed that any Customs Duties imposed by the Provincial Legis- latures be uniform, and not inconsistent with existing laws and treaties between Great Britain, and foreign Powers. The 34th section of the same Act defined NEW SOUTH WALES. 295 the 30th degree of S. latitude as the northern boundary of the Colony of New South Wales ; beyond that limit power was reserved by the Act to the Crown to con- stitute new Colonies in Northern Australia, on petition of the inhabitant householders in those territories. The Council was empowered by this Act to make laws, and to alter the representative system, or to esta- blish two Charters, provided (by section 33), that every Bill which shall be passed by the Council for any such purpose shall be re served for the signification of Her Majesty's pleasure thereon, and that a copy of such Bill shall be laid before both Houses of Par- liament for the space of 30 days at the least, before Her Majesty's pleasure thereon shall be signified. The power conferred by this clause (which applies equally to Victoria, Van Dieman's Land, and South and Western AustraUa) the colony of New South Wales has already exercised, on the invitation or suggestion of the Imperial Government. By a despatch, dated December 15, 1853, Her Majesty's Secretary of State for the Colonies (Sir John Pakington) communicated to the Governor of New South Wales the willingness of Her Majesty's Government to repeal the Land Sales Acts, and to effect such other legislative changes as should be necessary, on the receipt from New South Wales of an enactment establishing the constitution of that Colony^ the basis of that of Canada, and granting a CivH List to Her Majesty.* * A counterpart of this despatch was also addressed to the Governors of South Australia and Victoria, and Van Dieman's liand. 296 AUSTRALASIAN DEPENDEfTCIES. On December 22, 1863, a Provincial Act, 17 Vict, cap. 41, framed in pursuance of the above intimation, and intituled " An Act to confer a Constitution on New South Wales, and to grant a Civil List to Her Majesty," was passed by the Legislative Council of that Colony, and reserved by the Governor for the signification thereon of Her Majesty's pleasure. The main provisions of this Bill are as follows : — the establishment of two Deliberative Chambers, a Legis- lative Council, and a Legislative Assembly. The Legislative Council to consist of not less than 21 members, being of full age, naturalised or natural- bom subjects of Her Majesty, not less than four-fifths of whom are to be persons not holding any civil oflBce of emolument under the Crown; One-third to form a quorum. The Council, and President to be ap- pointed by the Crown, to hold their Seats for five years, and after the expiration of that time, all future Councillors for hfe. The Legislative Assembly, as constituted by the Bill, consists of 54 members, to be elected for five years, 20 to form a quorum. The qualification fixed for members and electors is the same. All inhabit- ants of full age, natural-born or naturalised, not having been convicted, or if convicted, pardoned, and having paid all rates and taxes, to which they may be liable, are qualified as candidates and electors under any one of the following qualifications. As owners of freehold estate of £100 value ; as householders ; lodging-occupiers ; or leaseholders (for three years) at £10 per annum ; as boarders at £40 NEW SOUTH WALES. 297 per annum; as receivers of £100 per annum, salary ; or as pastureJicence-holders for one year. Provided always, that electors must possess their qualification in the district in respect whereof they claim to vote, and that all seats shall be vacated on the acceptance of office ; and that no minister of religion, and five enu- merated civil officers only, shall be eUgible to sit and vote in the Legislative Assembly. It is provided, that the same causes shall vacate the seats of members of both Houses; viz. resignation, absence, declaration of allegiance to a foreign Power, bankruptcy, insolvency, treason, felony, or becoming a public contractor. Provision is also made for dividing the Colony into electoral districts and framing electoral lists, and for altering the representative system by Bill assented to by a majority of the Legislative Council, and two- thirds of the Legislative Assembly. The Legislature hereby to be created is to have power to impose Customs duties (not being differen- tial). The boundaries of the Colony are defined, and its existing laws saved. A sum not exceeding £64,300 per annum, in respect of the Civil List, is charged on the Consolidated Revenue Pund of the Colony for Her Majesty. The Act to have no force till so much of 9 Geo. IV. cap. 83 ; 5 & 6 Vict. cap. 36 and 76 ; 7 & 8 Vict, cap. 72 and 74; 9 & 10 Vict. cap. 104; 13 & 14 Vict. cap. 59, as relates to the Colony, and is repug- nant to this Act, be repealed, and the entire manage- 298 AUSTRALASIAN DEPENDENCIES. ment of the Crown lands, and the revenue therefrom arising, be vested in the Local Legislature. Sections 1, 2, 3, 38, 39, 40, 41, 43, and 54, of this BDl, contained certain provisions defining " Imperial subjects,"* and limiting the authority of the Crown and the Governor with respect to the disallowance of, or assent to, Colonial^ statutes, and for the reference of disputed questions in this behalf to the Judicial Com- mittee of the Privy Council, and respecting future changes in the Colonial boundaries. These provisions were deemed to involve an uncon- stitutional interference with the Imperial prerogatives, on the part of the Colonial Legislature, and were ac- cordingly omitted from the Act as assented to by Her Majesty. By statute 18 & 19 Vict. cap. 54, the above Act, as amended, received the royal assent, and all previous * Bills on Imperial subjects are, by Sect. 2, defiued as fol- lows : — 1. BiUs touching the allegiance of the inhabitants of this Colony to Her Majesty's Crown. 2. BiUs touching the naturalisation of aliens. 3. BiUs relating to treaties between the Crown and any foreign Power. 4. Bills relating to political intercourse and communication between this Colony, and any officer of a foreign Power or Dependency. 5. Bills relating to the employment, command, and disci- pline of Her Majesty's land or sea forces within this Colony, and whatever relates to the defence of the Colony from foreign aggression, including the command of the municipal militia and marine. 6. Bills relating to the crime of high treason. NEW SOUTH WALES. 299 Acts inconsistent with its provisions were repealed ; and the boundaries of the Colonies of New South Wales and Victoria were defined. By statute 18 & 19 Vict. cap. 56, all Acts in force respecting the disposal of the waste lands of the Crown in Australia were repealed, and other provisions made in lieu thereof. The Governor's salary, as proposed by the schedule to the New South Wales Constitution Act, is £7000 per annum. The followtng is a List of those who have held the office OP GOVEKNOE of NEW SoUTH WaLES, WITH THE DATES OF THEIB RESPECTIVE COMMISSIONS : Captain Arthur Phillip, E.N., January 96, 1788. Captain Francis Gross, December 11, 1793. Captain Paterson, December 15, 1794. Captain Hunter, E.N., August, 7, 1795. Captain P. G. King, E.N., September 28, 1800. Captain W. Bligh, K.N., August 18, 1806. Major-General Lachlan Macquarrie, January 1, 1810. Major-General Sir T. Brisbane, December 1, 1821. Colonel Stuart, December 1, 1825. Lieutenant-General E. Darling, December 19, 1825. Colonel Lindesay, October 22, 1831. Major-General Sir E. Bourke, December 3, 1831. Lieutenant-Colonel Kennett Snodgrass, December 6, 1837. Sir George Gipps, February 24, 1838. Sir M. C. O'Connell, July 11, 1846. Sir Charles A. Fitzroy, August 3, 1846. Sir W. T. Denison, August 11, 1854. *** By patents, dated June 25, 1847 (revoking patent of January 18, 1836), the episcopal dioceses of Sydney and New- castle wei'e constituted. 300 AUSTRALASIAN DEPENDENCIES. OEDEKS IN COUNCIL KELATING TO NEW SOUTH WALES. Tear. 1786 1834 1825 1830 1831 1833 1833 1840 1841 1842 Orders in Council. (December 6.) Appointing, in pursuance of statute 34 George III. cap. 56., tiie eastern coast of New South Wales, and islands adjacent, to be places to which convicts, sentenced to be transported beyond the seas, may be conveyed. (June 33.) Order relating to transportation. (October 19.) Empowering the judge of the Su- preme Court to make and alter the rules and orders of the said Court. (November ] 1.) Order relating to transportation. (June 38.) Approving instructions to the Governor of New South Wales for abolishing a corporation called "The Trustees of the Clergy and School Lands." (January 31.) Approving instructions to the Gover- nor for regulating the disposal of Crown lands in New South Wales. (August 10.) Approving commission and instruc- tions to Major-General E. Bourke, Captain-General, and Governor-in-Chief of New South Wales and Van Dieman's Land. (June 37.) Extending to the Customs oflScers in New South Wales, and the Australian Colonies gene- rally, the powers vested in those officers belonging to British North-American Colonies, by statute Geo. PV. cap. 114 sec. 50. (November 20 ) Appointing Port of Sydney to be a free warehousing port. (March 5.) Appointing Melbourne, in Port Philip district, to be a free warehousing port. (May 33.) Approving instructions to Governor Sir George Gipps, respecting the alienation and settle- ment of the waste lands of the Crown. (August 21.) Eevoking certain regulations relative to the sale of the waste lands of the Crown. (June 29.) Empowering the Governor to exercise the prerogative of pardon in cases of treason or murder. (August 27.) Empowering the Governor to nomi- nate the non-elective members of the Legisla- NEW SOUTH WALES. 301 Orders in CouncU. tive Council to be established under statute 5 & 6 Vict. cap. 76, and instructing the said Governor as to assenting to, or dissenting from, or reserving for the royal pleasure such Bills as may be passed by the Legislative Council, under the above Act. (August 37.) Approving instructions to the Gover- nors of New South Wales, and other Australian Colonies, prescribing the forms to be observed in the conveyance of Crown lands. (April 26.) Appointing New South Wales to be a place of detention (under statute 6 Geo. IV. cap. 69), for convicts transported from Van Dienian's Land. (Revoked January 21, 1846.) (December 10.) Approving Commission to Sir C. Fitzroy, as Governor of North Australia, and charter including that Colony. (Revoked December 19, 1846.) (December 23.) Appointing port of Newcastle, at the mouth of the river Hunter, to be a free ware- housing port. (March 9.) Establishing regulations relative to the sale of waste lands, under the powers contained in 9 & 10 Vict. cap. 104. (September 28.) Appointing Portland, in Port Philip district, to be a free warehousing port. (March 2.) Approving Commission to the Gover- nor of New South Wales, extending the northern limits of that Colony to the 26th degree of south latitude. (August 11.) Amending Order of March 9, 1847, regulating the occupation of lands in New South Wales. (September 4.) Appointing New South Wales, Van Dieman's Island, Norfolk Island, and the Cape of Good Hope, places for reception of convicts. (May 1.) Approving report of correspondence be- tween Earl Grey and the Governor of New South Wales, and other Governors of Her Majesty's Austra- lian settlements, on the subject of the introduction into Parliament of a Bill for the better government of those Colonies. (June 29.) Authorising the Governor of New South Wales to insert in any lease of land, certain con- ditions for securing its peaceable and effectual occu- pation. 302 AUSTRALASIAN DEPENDENCIES. Tear. Orders in Council. 1850 1851 1853 1854 (June 19.) Empowering the Governor of New South Wales to grant leases of land for periods not exceeding one year, for pastoral and other purposes, on the terms therein stated. (November 1 3.) Kegulating appeals from the deci- sions of the Supreme Court of New South Wales, to Her Majesty in Council. (June 25.) Eevoking Transportation Order of Sep- tember 4, 1848. (August 19.) Defining constitution of the Sydney mint, and prescribing the conditions required to secure the integrity of the coin. (August 11.) Eegulating leases of Crown lands in New South Wales, supposed to contain minerals not auriferous. (Under statute 9 & IQ Vict. cap. 104 & 106J (September 13.) Assenting to a BiU passed by the Legislative Council of New South Wales, regulating the execution of criminals. (October 18.) Approving Order framed on repre- sentation of the Master of the Mint empowering the striking of sovereigns and half-sovereigns at the Syd- ney Branch of the Royal Mint, and for giving cur- rency to those coins in the Australian Colonies. ACTS OF THE IMPERIAL PARLIAMENT RELATING TO NEW SOUTH WALES. fioyal Assent. Acts of Parliament, 1813 ' 1824 (December 6.) 54 Geo. III. cap. 15. — An Act for the more easy recovery of debts in His Majesty's Colony of New South Wales. (June 21.) 5 Geo. IV. cap. 86. — ^An Act for grant- ing certain powers to a company, to be incorporated by charter, to be called the Australian Agricultural Company, for the cultivation and improvement of waste lands in the Colony of New South Wales, and NEW SOUTH WALES. 303 Koyal Assent, Acta of Parliament, &c. 1825 1828 for other purposes relating thereto (Amended by 11 Geo. IV. and 1 Will. IV. cap. 24.) (June 22.) 6 Geo. IV. cap. 69. — ^An Act for pu- nishing offences committed by transports kept to la- bour in the Colonies, and better regulating the powers of justices of the peace in New South Wales. (July 25.) 9 Geo. IV. cap. 83. — An Act to provide for the administration of justice ia New South Wales and Van Dieman's Land, and for the more effectual government thereof, and for other purposes relating thereto. (Continued by 6 & 7 Will. IV. cap. 46; 7 Will. IV. and 1 Vict. cap. 42; I & 2 Vict. cap. 50 ; 2 & 3 Vict. cap. 70 ; 3 & .4 Vict. cap. 62 ; 4 & 5 Vict. cap. 44.) (July 16.) 11 Geo. IV. and 1 WUl. IV. cap. 39.— An Act for punishing offences committed by trans- ports kept to labour in the Colonies. (August 7.) 3 & 4 Vict. cap. 62.— An Act to pro- vide for the constitution of new Colonies within the existing limits of New South Wales. (June 22.) 5 & 6 Vict. cap. 36.— An Act for regu- lating the sale of waste land belonging to the Crown in the Australian Colonies. (Amended by 9 & 10 Vict. cap. 104.) (July 30.) 5 & 6 Vict. cap. 76. — ^An Act for the government of New South Wales. (Amended by 6 & 7 Vict. cap. 35, and 7 & 8 Vict. cap. 74.) (April 3.) 6 Vict. cap. 7.— An Act to amend the law affecting transported convicts, with respect to pardons and tickets of leave. (August 6.) 7 & 8 Vict. cap. 72.— An Act to clear up doubts as to the regulation and audit of the ac- counts of the Customs in New South Wales. (May 24.) 12 Vict. cap. 22.— An Act to remove doubts concerning the validity of certain grants of land in New South Wales. (August 5.) 13 & UVict. cap. 59.— An Act for the bet- ter government of Her Majesty's Australian Colonies. (July 16.) 18 & 19 Vict. cap. 54.— An Act to enable Her Majesty to assent to a Bill, as amended by the Legislature of New South Wales, to confer a consti- tution on New South Wales, and to grant a civil list to Her Majesty. 1830 1840 1842 1843 1844 1849 1850 1855 304 AUSTRALASIAN DEPENDENCIES. Royal Assent. 1855 Acts of Parliament, &c. (July 16.) 18 & 19 Vict. cap. 56.— An Act to repeal the Acts of Parliament now in force respecting the disposal of the waste lands of the Crown in Her Majesty's Australian Colonies, and to make other pro- visions in Ueu thereof. PAELIAMENTAEY REPORTS, ACCOUNTS, AND PAPERS RELATING TO NEW SOUTH WALES. Year. Sessional Number. 1813 341 1817 837 1830 675 1831 361 328 ■ 1831-3 163 1836 513 1837 518 Parliamentary Reports, &o. Report from Select Committee on trans- portation of criminals to New South Wales. Estimates of expense of convicts at home and in New South Wales. Extract from despatch of Lieutenant- Governor Stirling to Sir George Murray relative to the progress of the Swan River Settlement. Instructions given by His Majesty's Secretary of State for promoting the moral and religious instruction of the aboriginal inhabitants of New Holland. Royal instructions to the Governors of New South Wales and other Australian Colonies as to the mode of disposing of Crown lands in order to facilitate emigra- tion. Laws and Ord inan ces passed during Gov^Sor Darling's administration. Abstract of Australian Agricultural Com- pany's Charter, and other papers. Jury laws of New South Wales ; also papers on secondary punishments by D. Heath. NEW SOUTH WALES. 305 Tear. Sessional Number. 1837-e 1840 1841 1844 1845 1846 1847 1847-e 1849 1850 75 669' 509 413 627 267 639 399 785 275 86 593 1074 150 174 Parliamentary Reports, &c. Correspondence and documents relat- ing to measures taken for the advance- ment of religion in Australia, also num- ber of troops in New South Wales and Van Dieman's Land since the commence- ment of those Colonies, and the number of convicts sent thither. Eeturns of the Crown land revenue of New South Wales since 1831. Correspondence between the Secretary of State and the Governors of New South Wales and Van Dieman's Land on the sub- ject of secondary punishments. Copies and extracts from despatches of the Governors of Australian Colonies, with reports of Protectors of aborigines, and correspondence illustrating the condi- tion of the native population. Correspondence relating to Crown lands. Statistics of population, revenue, im- ports and exports, immigration, labour, railroads, and price of land, in New South Wales. Correspondence relating to Crown lands. Correspondence with the Governor of New South Wales respecting the forma- tion of a convict Settlement in North Australia. Return of all expenses incurred for the Settlement of North Australia. Statistics of population, revenue, &c., &c., in New South Wales. Papers relating to emigration to Aus- tralia. Papers and correspondence relative to the proposed alterations in the constitution of the Australian Colonies. Letter from Mr. Coulson to the Under- Secretary for the Colonies on the Austra- lian Colonies Government Bill. Despatches relating to the mission of the Eoman Catholic Bishop Polding in New South Wales ; also correspondence 306 AUSTRALASIAN DEPENDENCIES. Tear. Sessional Number. 1850 1851 1853 511 1160 1163 1183 1183 1190 1193 1330 1989 73 133 347 349 430 1303 249 459 .Parliamentary Keports, &c. and papers relating to cases in which any bishop in the Australian Colonies has at- tempted to exercise ecclesiastical jurisdic- tion over any of his clergy since 1837; also returns of local Acts respecting the clergy in those Colonies. Eetums of the population, trade, immi- gration, revenue, and expenditure of the Australian Colonies for ten years, from 1839 to 1848. Correspondence relative to the Aus- tralian Colonies Government Bill, and to 'emigration to these Colonies. . Report of Select Committee of Legis- lative Council of New South Wales on Crown lands. Papers relative to Crown lands in New South Wales, Western Australia, and Van Dieman's Land. Correspondence between Government and the East India Company relative to steam communication vrith Australia. Correspondence between the Govern- ment of the Colony and the Secretary of State relating to the reduction of troops in New South Wales. Despatches relative to emigration to the Australian Colonies. Despatches relative to steam commimi- cation with the Australian Colonies. Reports of Committees of Legislative Councils of New South Wales and New Zealand on steam communication between those Colonies and Europe. Further papers relative to the alterations in the constitution of the Australian Colo- nies. Papers relating to the mail service to Australia. Correspondence between the Ai'chbishop NEW SOUTH WALES. 307 Tear. Sessional Number. 1852 1862-3 1854 1855 (1430 11508 121 932 1001 116071 |l684| 1681 1610 1607 1610 1611 1627 1681 1684 436 fl866) 1902 ■ 1915 il927j Parliamentary Reports, &c. of Canterbury and the Bishop of Sydney in regard to ecclesiastical government and discipline. Correspondence relative to the recent discovery of gold in AustraUa. Papers relating to mail steam service. Instructions relative to the division of territory in New South Wales into coun- ties, parishes, &c. Copy of despatch from Governor of New South Wales, with Act regulating the indenting of assisted emigrants, and their employment in the Colony. Further papers relative to the discovery of gold in Australia. Papers relative to the Crown lands in New South Wales and Victoria. Copy of Treasury Minute, dated March 22, 1853, relative to Australian mints. Further papers relative to the discovery of gold in Australia, with a map. Treasury Minute respecting Australian mints. Further papers relative to the constitu- tion of the Australian Colonies. Further papers relative to emigration to the Australian Colonies, with sketches of Southern and South-Eastem Australia. Papers relative to Crown lands in the Australian Colonies. Further papers relative to gold in Aus- tralia. Despatches relating to emigration to New South Wales. Further papers relative to the constitu- tion of the Australian Colonies. X 2 308 AUSTRALASIAN DEPENDENCIES. VICTORIA. Victoria, or Australia Felix, formerly called the Dis- trict of Port Philip, comprises that portion of Aus- tralia which is minutely defined by statute 13 & 14 Vict. cap. 59, hereinafter recited. It was visited, in 1802, by Hinders and Murray; and after two un- successful attempts had been made to plant a penal Settlement there from New South Wales, the Colony was first really planted by adventurers from Van Dieman's Land in 1835, in which latter island penal Settlements had been, thirty years before, established by Collins and Patterson. In 1836, a resident Magistrate was sent to the district from Sydney, and a Customs estabHshment formed. In 1837, the site of the capital, named after the then Prime Minister, Lord Melbourne, was marked out, and sales of land commenced, under the direction of the Governor of New South Wales. In 1839, a Superintendent or Lieutenant-Governor was appointed, to whom the Judicial, Marine, and Police Departments, and the Protectorate of the Aborigines, were committed, but who, in other respects, acted under Orders from the Governor of New South Wales. By the Imperial Act 5 & 6 Vict. cap. 76, it was provided that the District of Port Philip should send five members, and the Town of Melbourne one member, to repre- sent their interests im the Legislative Council of New South Wales, created by that Act. By statute 13 & 14 Vict. cap. 59, reciting that it was expedient that the District of Port Philip, then VICTORIA. 309 part of the Colony of New South Wales, should be, erected into a separate Colony, it was enacted, that after such provisions as in that Act mentioned should have been made, the territories then comprised within the said District of Port Philip, including the town of Melbourne, and bounded on the north and north- east by a straight line drawn from Cape Plow to the nearest source of the river Murray, and thdnce by the course of that river to the eastern boundary of the Colony of South Australia, should be separated from the Colony of New South Wales, and should cease to return members to the Legislative Council of such Colony, and should be erected into, and thenceforth form, a separate Colony, to be known and designated as the Colony of Victoria. Under the provisions of this Act (passed in 1850), a con- stitution was estabhshed in Victoria, precisely corre- sponding with that of .New South Wales, both as to the qualification of members and electors. The num- ber of members for Victoria, fixed by the Governor and Council of New South Wales under this Act, was thirty — one-thhd of those members being ap- pointed by the Crown, or by the Governor, under powers delegated to him for that purpose by Her Majesty. On March 35, 1854, in pursuance of the powers reserved to the CouncU by statute 13 & 14 Vict, cap. 59, and of the intimation conveyed by the Colo- nial Ofiice Despatch of December 15, 1852, a Pro- vincial Act, passed by the Legislatm-e of Victoria, and intituled " An Act to estabhsh a Constitution in 310 AUSTRALASIAN DEPENDENCIES. and for the Colony of Victoria," was reserved by the Governor for the signification of Her Majesty's plea- sure. By that Act, two deliberate chambers, a Legisla- tive Council and Legislative Assembly, were consti- tuted: the Legislative Council to consist of thirty members (ten to form a quorum), elected from six electoral districts, each member being thirty years of age, a natural-bom or naturahsed subject, having a freehold estate of £5000 value or £500 per annum (judges and ministers of reUgion being disqualified). The qualifications for electors for the Legislative Council are as follows : all persons of full age, natu- ral-born or naturalised subjects, having a freehold estate of £1000 value, or £100 per annum, or being leaseholders at £100 per annum for five years, or being graduates of any University in the British dominions, or barristers or solicitors of the Supreme Court of Victoria, or medical qualified practitioners, or ofiicers in Her Majesty's sea or land forces, having paid rates and taxes, to which they are liable, are entitled to vote for members of the Legislative Council. The Legislative Assembly is to consist of sixty members (twenty being a quorum), to be elected for five years, from thirty-seven electoral districts. All persons of full age (not being judges or ministers of religion), being owners of freehold estate of £2000 value, or £200 per annum, naturalised for five years and resident for two years within the Colony, to be qualified as members of the Assembly. The qualifi- VICTOEIA. 311 cations of electors for the Assembly are, a freehold estate of £50 value, or £10 per annum household or leasehold, or a twelvemonth's pasture licence; rates and taxes being paid, and the same "conditions as above respecting age, naturahsation, and non-convic- tion of offence against the laws. It is enacted that no one shall be eligible to sit in both Houses ; that four office-holders, at least, shall sit in Council or Assembly ; that seats shall be liable to be vacated by acceptance of office, absence, foreign allegiance, insolvency, bankruptcy, or taking a public contract. The oath of allegiance to be taken by all members. Customs duties, not being differential, or at variance with treaties, or supplies to Her Majesty's forces, may be levied. All civil patronage to be vested in the Governor and Executive Council, except that of responsible officers, to be vested in Governor alone. Pensions to be granted to responsible political functionaries losing their offices. AU taxes, and casual and territorial revenues, to form one consolidated revenue, and a civil list of £112,750 to be charged thereon in lieu of all Crown revenues. £50,000 per annum to be reserved for buildings for public worship and minis- ters of rehgion, to be apportioned according to the relative numbers of each denomination. Power to be reserved to the Legislature to make laws for the Crown lands, and, subject to the civil hst, to appro- priate the revenue. Revenue bills to originate in the Assembly. 312 AUSTRALASIAN DEPENDENCIES. Nothing in the Act to interfere with the existing laws, courts, and offices in the Colony. Power is reserved to the Legislature to alter the constitution by Bill assented to by a majority on second or third readings of such BiU. The Act to have no force until so much of 9 Geo. IV. cap. 83 ; 5 & 6 Vict. cap. 86 and 76 ; 7 & 8 Vict, cap. 72 and 74 ; 9 & 10 Vict. cap. 104 j 1 3 & 14 Vict, cap. 59, as may be inconsistent with its provisions, shall be repealed. Sections 1, 37, 38, 39, 40, 41, 42, and 43 of this Bill contained certain provisions similar to those in the New South Wales Constitution Act of the same year, limiting the authority of the Crown and the Governor with respect to the disallowance of or assent to Colonial Statutes,* which, for the reasons above stated in reference to New South Wales, were omitted from the Act as assented to by Her Majesty, and embodied in the Imperial Statute 18 & 19 Vict, cap. 55, which is the basis of the present constitu- tion of Victoria. The first Governor of the Colony, Sir Charles Hotham, received his Commission in 1854. The salary voted by the Act, including staff and other expenses, is £15,000 per annum. * In addition to the six classes of Bills enumerated in the New South Wales Constitution Act, Bills relating to the law of divorce were also subjected to the Governor's power of reservsttion by the Victoria Bill in its original form. VICTORIA. 313 OEDERS IN COUNCIL RELATING TO VICTORIA.* Year. 1861 1853 1853 1854 1855 Orders in Council. (February 3.) Empowering the Lords of the Admi- ralty to erect a Vice-Admiralty Court in that Colony. (February 2.) Approving device of a seal for the Government of Victoria. (June 15.) Approving charters of incorporation of the Port Philip and Colonial Gold Mining Company. (August 8.) Disallowing an Act of the Legislative Council (under 13 & 14 Vict. cap. 59, s. 12), assented to by Lieut.- Governor in September, 1853, "for Apprehension of Offenders illegally at large." (December 29.) Confirming a Bill passed in that Colony, and reserved by Governor, for increase of his salary. (December 39.) Approving instructions to Governor appointing Auditor-General and Inspector of Police members of Executive Coim-cU. (October 18.) Empowering the Governor of Vic- toria to insert certain provisions in leases of lands for pastoral purposes. (February 8.) Confirming reserved BUI of the Legislative Council of Victoria (under 13 & 14 Vict, cap. 59, s. 33), to extend the elective franchise of Victoria. (February 28.) 'Empowering Governor of Victoria to make certain provisions respecting leases of land for pastoral purposes ; also to issue mining leases of land not auriferous. • By patent, dated June 25, 1847 (revoking patent of Janu- ary 18, 1836), the episcopal diocese of Melbourne was con- stituted. 314 AUSTRALASIAN DEPENDENCIES. PAKLIAMENTAEY EEPOETS, ACCOUNTS, & PAPEKS EELATING TO VICTOEIA. Tear. Sessional Nnmbei, Parliamentary Reports, &c. 1858 1854 1855 569 89 486 1719 296 1915 Eetum of vessels' tonnage and number of emigrants sailed for Victoria from 1847 to 1852, and of funds now in the hands of the Colonial Land and Emigration Com- missioners from that Colony. Despatches respecting the river Murray. Despatches relating to emigration to Victoria. Further papers relative to the discovery of gold. Copy of an Act to enable the bishops, clergy, and laity of the United Church of England and Ireland, in Victoria, to pro- vide for the regulation of the affairs of the said Church. Despatches relating to the new consti- stitution of the Colony. SOUTH AUSTRALIA. The boundaries of South Australia, as defined by statute 4 & 5 Wm. IV. cap. 95, are between the meridians of the 132nd and 141st degrees of E. lon- gitude, and between the Southern Ocean, and the 26th degree of S. latitude, comprising an area of 200,000 square nules. It was first colonised by the British Government in 1834, in consequence of the report of Captain Sturt, who had explored the country from New South Wales four years before. By an Imperial Act, 4 & 5 Wm. IV. cap. 95, passed SOUTH AUSTRALIA. 315 in 1834, reciting that divers subjects of His Majesty were desirous of embarking for that part of Australia, and that it was expedient that provision should be made for an uniform system of disposing of the land there, and for the general government thereof. His Majesty was empowered to appoint three Commis- sioners for carrying out the objects of the Act, and a resident Commissioner for the government of the Colony. The Commissioners were empowered to borrow money on security of the land fund, and to apply the proceeds in aiding immigration to the Co- lony ; but the powers conferred by the Act were not to take effect until the Commissioners had raised and invested in the names of Trustees to be appointed by the Crown, £20,000 as a security against loss to the Imperial Government in the foundation of the Co- lony. In 1836, the prescribed conditions having been fulfilled, the Colony was founded, and the site of its present capital Adelaide marked out, and the first Governor Captain Hindmarsh, appointed. By statute 1 & 2 Vict. cap. 60, the powers of the Commissioners were defined, and by statute 4 Vict. cap. 13, the Lords of the Treasury were empowered to advance £155,000 out of the Consolidated Fund of Great Britain to the said Commissioners. By statute 5 & 6 Vict. cap. 61 (passed in 1842), Her Majesty was empowered to appoint in aid of the Governor, a Legislative Council of seven members for the administration of the affairs of the Colony. The Legislative Council appointed under this Act consisted 316 AUSTRALASIAN DEPENDENCIES. of the Colonial Secretary, the Attorney-General, the Registrar- General, and four unoflB.cial members. There was also an Executive Council of three members. By the 7th and 8th sections of the 13th and 14th Vict. cap. 59, the then existing Legislature in the Colony was empowered to estabhsh (by laws and ordinances to be framed for that purpose), a Legisla- tive Council consisting of 34 members, one-third of whom were to be nominated by Her Majesty, and the remaining two-thirds elected by the inhabitants. The provisions respecting the quaUflcations and disqualifi- cations of members and electors in South AustraUa, were the same with those for New South Wales and Victoria. By the 32nd section of this Act, it was provided that the Legislative Council formed under its provisions might frame a new constitution. In exercise of the power conferred by this section, and in pursuance of the invitation conveyed in the Colonial Office despatch of December 15, 1852, a Provincial Act was passed by the South AustraUan Legislature in 1864* and was reserved by the Governor for the signification of Her Majesty's pleasure. This Act, intituled " An Act to establish a Parlia- ment in South Australia," provides for the constitu- tion of two Deliberative Chambers, to be called " The Parliament of South Australia," consisting of a Legis- lative Council and a House of Assembly. The Legis- lative Council to consist of 12 members, to be ap- pointed by the Governor, authorised by Her Majesty, under royal sign manual, for life ; being 30 years of age, natural-born or naturalised ; one-third being a SOUTH AUSTRALIA. 317 quorum, and the President (appointed by the Go- vernor) to have a casting vote. The House of Assembly to consist of 36 members, all natural-born or naturalised subjects of Her Majesty, or legally made denizens ; being unconvicted, or if convicted, pardoned ; being freeholders to the amount of £20, or householders at £5 per annum, or lease- holders for one year at £10 per annum; having been rated or assessed for one year, to be qualified as mem- bers or electors for the House of Assembly. Provi- sion is made for the creation of 22 Electoral Districts, and till the number of members to be elected amounts to 72, the Governor may, on petition, summon one new member for every 2000 additional inhabitants- in any district. Electoral lists to be printed, and returning officers appointed. The oath of allegiance to be taken by aU members — office-holders (with certain specified excep- tions) disqualified, and seats to be vacated on appoint- ment, also by absence for one year, bankruptcy, felony, allegiance to foreign Power, becoming contractor (ex- cept as member of Company exceeding 20). Trials respecting the validity of controverted elections to be referred to a Court of four members of the House of Assembly elected by the House, the junior or sole acting Judge of the Supreme Court being President. The Court not to inquire into the correctness of the Electoral roll. Penalties on bribery and treating by candidate and authorised agents, unseating and dis- qualification of member; by unauthorised agents, fine of £2000, or six months' imprisonment, penalty 318 AUSTRALASIAN DEPENDENCIES. for offering reward £50. The Parliament to last for three years, and the session to be held once in a year. The Act contained other provisions respecting Customs duties, and the allowance and disallowance of BiQs, similar to those contained in the New South Wales and Victoria Constitution Acts ; also, special provisions concerning the alienation of waste lands. By one of its clauses, it was provided that the con- stitution of the Legislative Council created by it might be changed by an Act of that body passed in pur- suance of an address to that effect, presented for two successive years by two-thirds of the House of As- sembly. Immediately after this Act had been passed in South AustraUa and despatched by the Governor for Her Majesty's assent, discussions arose in the Legislative Council of the Colony, involving a reconsideration of the fundamental principles of Constitutional Govern- ment embodied in the Act itself, more especially that of a nominated Upper Chamber. An address was presented to the Governor request- ing him to forward to the Secretary of State minutes of these debates, from which it appears, that the Council desired that the royal assent should not be given to the Bill in its present form. It has been accordingly remitted to the Colony for the reconsi- deration of the Local Legislature. Until the Legislative CouncU shall have finally decided on the steps to be taken in reference to the Act above cited, the constitution of South Australia SOUTH AUSTRALIA. 319 rests on the provisions of statute 13 & 14 Vict, cap. 59. The salary of the Governor was, in 1854, increased by an Act of the Local Legislature, and is nov? £3000 per annum. The following have held the Office of Govebnor: — Captain Hindmarsh, R.N., 1836. Lieutenant-Colonel Gawler, 1838. Captain Grey, 1841. Major Robe, 1845. Sii- H. E. Young, 1848. Sir E. G. MacdonneU, October 18, 1854. ORDERS IN COUNCIL RELATING TO SOUTH AUSTRALIA.* Teai'. Orders in Council. 1836 1838 (February 3.) Approving letters patent for erecting South Australia into a British Province, under statute 4 & 5 WiU. IV. cap. 95. (February 33.) Authorising certain persons to make laws for the Province of South. Australia, under statute 4 & 5 Will. IV. cap. 95. (April 28.) Approving device of new seal for Govern- ment of Province of South Australia. (July 13.) Appointing certain colonial officers in the Province of South Australia. (April 95.) Approving Commission to Lieutenant- Colonel Gawler as Governor of Province of South Australia. (June 8.) Reconstituting the Legislative Council of Province of South Australia. (June 8.) Empowering Lords of the Admiralty to appoint a Vice-Admiral, Judge, and other officers for * By patent, dated June 35, 1847 (revoking patent of Janu- ary 18, 1836), the episcopal see of Adelaide was constituted. 320 AUSTRALASIAN DEPENDENCIES. Tear. Orders in Council. 1840 1841 1842 1847 1850 1853 1854 a Vice -Admiralty Court in the Province of South Australia. (November 10.) Approving Commission and in- structions to Governor George Grey, Esq. (January 35.) Empowering Lords of the Admiralty to establish a Vice- Admiralty Court in South Australia. (August 37.) Approving additional instructions to the Governor, prescribing forms to be observed in conveyance of Crown lands. (August 27.) Approving instructions to Governor of South Australia to establish a Legislative Council in that Province, under statute 5 & 6 Vict. cap. 61. (July 33.) Approving charter of incorporation of South Australian Banking Company. (June 19.) Regulating the occupation of land in the Province of South Australia. (June 13.) Regulating the working of mineral lands ftot auriferous, under statute 9 & 10 Vict. cap. 1 04, s. 6, in the Province of South Australia. (November 37.) Assenting to reserved BUI of the, Legislature of South Australia, for increasing Go- vernor's salary for two years. ACTS OF IMPERIAL PARLB.MENT RELATING TO SOUTH AUSTRALIA, Boyal Assent. Acts of Parliament, &c. 1834 1841 1843 (August 15.) 4 & 5 William IV. cap. 95.— An Act to empower His Majesty to erect South Australia into a British Province, or Provinces, and to pro- vide for the colonization and government thereof. (Amended by 1 & 3 Vict. cap. 60.) (May 10.) 4 Vict. cap. 13. — ^An Act to authorise the advance of a sum of money out of the consoli- dated fund, on account of the Colony of South Australia. (June 33.) 5 & 6 Vict. cap. 36. — ^An Act to regulate the sale of waste land belonging to the Crown in the Australian Colonies. (July 30.) 5 & 6 Vict. cap. 61. — ^An Act to provide for the better government of South Australia. WESTERN AUSTRALIA. 321 PAELIAMENTAEY EEPORTS, ACCOUNTS, AND PAPEES EELATING TO SOUTH AUSTRALIA. Year. Sessional Number. Parliamentary Reports, &e. 1841 1845 1853 1854 1865 {394} 624 669 436 1915 First and second Eeports of the Select Committee on South Australia. Correspondence on the subject of the Colonial Land Fund of South Australia. Eetum of vessels, tonnage, and number of emigrants sailed for South Australia from 1847 to 1853, and of funds now in the hands of the Emigration Commis- sioners from that Colony. Despatches relating to emigration to South Australia. Papers relating to the alterations in the constitution of South Australia. WESTERN AUSTRALIA. Western Australia comprises the territory between the 30th and 33rd parallels of south latitude, and extending from the 129th meridian of east longitude, westward to the Indian Ocean. It was first disco- vered by the Dutch at the end of the seventeenth- century, and afterwards visited by the French. In order to anticipate that nation in their projected colo- nisation of the country, Western AustraUa was for- mally taken possession of and settled by Great Britain in 1829. The Settlement, of which Perth is now the capital, was estabhshed at Swan River, under regulations drawn up by Sir George Murray, then Secretarv- of State for the Colonies. Under the pro- 823 AUSTRALASIAN DEPENDENCIES. visions of statute 10 Geo. IV. cap. 22 (passed in that year), this portion of New Holland was colo- nised. Captain Stirling, in consequence of whose report in 1827, the attention of the British Govern- ment had been directed to the Colony, was appointed first Governor, aided by an Executive Council, con- sisting of the Colonial Secretary, Advocate-General, Surveyor-General, and Collector of Revenue. A Legislative Council, composed of the above mem- bers, in conjunction with the two judges and three non-official members appointed by the Crown, was also constituted. By Order in Council, dated May 1, 1849, Western Austraha was nominated a place for the reception of convicts. By the 9th section of 13 & 14 Vict. cap. 59 (the Australian Colonies Government Bill of 1850), it is enacted, that on the presentation of a petition signed by not less than one-third in number of the house- holders within the Colony of Western Australia, charging the expense of its Civil Government on the territorial revenues, a Legislative Council, with the same proportions of elective and nominee members as in the other Australian Colonics, may be esta- blished there ; and until such petition be presented, the present constitution as defined by statute 10 Geo. IV. cap. 22, and the Order in Council of November 1, 1830, shall remain in force. The salary of the Governor of Western Austraha was, in 1854, £1800 per annum. WESTERN AUSTRALIA. 32S The following have held the office of Goveenor : — Captain W. J. Stirling, R.N., 1839. J. Hutt, 1839. Andrew Clark, 1845. Captain Fitzgerald, August 10, 1847. A. E. Kennedy, January 13, 1855. OEDEES IN COUNCIL EELATING TO WESTEEN AUSTRALIA. Tear. 1830 1831 1838 1846 1849 1850 Orders in Council. (November 1.) Authorising certain persons to make laws for the government of ttie Settlements in West- ern Australia. (May 18.) Approving device of a seal for the Go- vernment of Western Australia. (October 13.) Approving report of Lords of the Admiralty on erecting Court of Vice-Admiralty in Western Australia. (June 8.) Eeconstituting Legislative Council in Western Australia. (July 6.) Approving Commission and instructions to the Governor of Western Australia. (August 1.) Appointing (under 10 Geo. IV. cap. 82) the collector of revenue in the Colony to be a member of the Legislative Council. (May 1.) Nominating Western Australia a place for the reception of convicts. (March 9.) Eegulating the occupation of land in Western Australia. Y 2 324 AUSTRALASIAN DEPENDENCIES. ACTS OF THE IMPEEIAL PAKLIAMENT KELATING TO WESTEEN AUSTEALIA. Koyal Assent. Acts of Facliament, &c. J8i39 1846 1850 (May U.) 10 Geo. IV. cap. 22.— An Act to pro- vide for the Government of His Majesty's Settle- ments in Western Australia. (Continued by 5 & 6 Will. IV. cap. U ; 6 & 7 WiU. IV. cap. 68 ; 1 & 2 Vict. cap. 46 ; 4 & 5 Vict. cap. 43 ; 5 & 6 Vict. cap. 88 ; 7 & 8 Vict. cap. 57.) (August 28.) 9 & 10 Vict. cap. 104.— An Act to amend an Act for regulating the sale of waste lands belonging to the Crown in die Australian Colonies. (August 5.) 13 & 14 Vict. cap. 59. — An Act for the better government of Her Majesty's Australian Co- lonies. PAELIAMENTAEY EEPOETS, ACCOUNTS, & PAPEES EELATING TO WESTEEN AUSTEALIA. Tear. 1829 1830 1831 1838 1854 Sessional Number. 238 675 31 f685") t687J 436 Parliamentary Beports, &c. Correspondence between the Colonial Department, and certain gentlemen, pro- posing to fomi a Colony on the Swan Eiver in Western Australia. Extract from despatch of Lieutenant- Governor Stirling, to Sir George Murray, relative to the progress of the Swan Eiver Settlement Estimate of the sum required to defray the charges of the Settlement of Western Australia for 1831. Expenses defrayed by Great Britain in Western Australia up to 1838 ; proceeds of land sales; tonnage of shipping cleared thither, with statistical report, and land regulations of the Colony. Despatches relating to emigration to Western Australia. TASMANIA AND NORFOLK ISLAND. 325 TASMANIA AND NORFOLK ISLAND. Tasmania, or Van Dieman's Land, is an island situate about 100 miles south of Australia, first named from Van Dieman, the Governor of the Dutch East Indies, in 1642, when Tasman, the Dutch'navi- gator, discovered it. It was visited by Captain Cook, in 1773, and circumnavigated, in 1798, by Mr. Bass, a navy surgeon, after whose name the straits which sever it from the mainland of Australia are called. In 1803, the first Settlement of re-trans- ported convicts from New South Wales was formed at Risdon. These, in 1804, were removed by Lieu- tenant-Governor Collins to Hobart Town, so called after the then Secretary of State for the Colonies, Lord Hobart. In 1825, the Colony was declared by proclamation independent of New South Wales ; and in 1829, by statute 9 Geo. IV. cap, 83, a constitu- tion was estabhshed. This constitution consisted of a Legislative Council of not more than fifteen, nor less than ten members, partly official and partly non- official. An Executive Co\mcil, in aid of the Lieu- tenant-Governor, was also estabhshed, consisting of the Chief-Justice, Colonial Secretary, and Treasurer, and the officer in command of the troops. By the 7 th and 8th sections of the Australian Colonies Government Act (13 & 14 Vict. cap. 59), the Provincial Legislature, constituted by 9 Geo. IV. cap. 83j was empowered to establish in the Colony a Legislative Council, to consist of such number of members, not exceeding twenty-four, as 826 AUSTRALASIAN DEPENBENOIBS. they should think fit j one-third of such members to be nominated by Her Majesty, and the remainder to be elected by the inhabitants. The provisions of the Act as to the formation of electoral districts, the qua- lifications and disqualifications of members and elec- tors, and the general proceedings in reference to the elections in Van Dieman's Land, were precisely the same with those relating to the Colony of South Aus- tralia. The present constitution of Van Dieman's Land has been defined, subject to the royal assent, by a Provincial Act, 18 Vict. cap. 18, which passed the Colonial Legislature, November 1, 1854. By this Act, a Legislative Council and House of Assembly are constituted, to be called the " Parlia- ment of Van Dieman's Land." The Legislative Council to consist of fifteen mem- bers, aged thirty, being natural-bom or naturaUsed subjects of Her Majesty, elected by the inhabitants, twelve months resident within the district for which they claim to vote, under any one of the following qualifications : namely, as freeholders of £60 per annum, graduates of British Universities, barristers, solicitors, medical practitioners, ministers of religion, military or naval officers. Seven members of the Legislative Council to form a quorum, and the Pre- sident to be elective. The second Chamber, or House of Assembly is to consist of thirty members, of full age; all natural- born or naturahsed subjects (except judges and mi- nisters of religion, contractors, and convicts), are eh- TASMANIA AND NORFOLK ISLAND. 327 gible, and all the inhabitants of full age are en- titled to vote under any of the following qualifica- tions : as freeholders to the value of £100, as house or shop holders, or leaseholders (for three years), at £10 per annum, or possessing any of the above- named qualifications of electors for the Legislative Council. By Order in Council, dated July 21, 1855, the name of Tasmania was formally substituted for Van Dieman's Land, as the designation of the Colony.* The salary of the Governor was, in 1854, £4000 per annum. Thk following have held the Office of Governor: — Lieutenant- Colonel D. Collins, 1804. Captain Murray, 1,810. Lieutenant-Colonel Giles, 1812. Lieutenant-Colonel Danby, 1813. Lieutenant-Colonel Sorell, 1817. Lieutenant-Colonel George Arthur, 1824 Captain Sir John Franklin, 1837. Sir J. E. Eardley Wilmot, 1843. Sir W. T. Denison, 1847. Sir H. E. Young, August 11, 1854. * By patent, dated August 21, 1842, the episcopal diocese of Tasmania was constituted. 328 AUSTRALASIAN J)BPENDBNCIES. NORFOLK ISLAND, The island contains an area of about 9000 acres. It is situate about 900 miles from Port Jackson in Australia. It was first discovered by Captain Cook, in 1774, and first colonised from Sydney by a detach- ment of convicts, in 1790, and was afterwards used as a penal Settlement for desperate ofiFenders (originally British convicts) from New South Wales. In 1834, statute 4 & 5 Wm. IV. cap. 65, was passed forthe more effectual administration of justice at Norfolk Island. The government of Norfolk Island was subsequently committed to the Lieutenant-Governor of Van Dieman's Land, and the affairs of the convict establishment were placed under the supervision of the Comptroller- General of convicts at Hobart Town. By Order in Council of December 29, 1853, a previous Order of September 4, 1*848, whereby Norfolk Island was made a place to which felons might be conveyed, was revoked, and the convict estabUshment on the island has since been broken up, and arrange- ments have been made for settling there the inhabit- ants of Pitcairn's Island. By section 5 of statute 18 & 19 Vict. cap. 56, Her Majesty is empowered by Order in Council to separate Norfolk Island from the Colony of Van Dieman's Land. VAN DIEMAN'S lANB AND NORFOLK ISLAND, 329 ORDEES IN COUNCIL RELATING TO VAN DIEMAN'S LAND AND NORFOLK ISLAND. Year. Orders in Council. 1824 1829 1842 1848 1849 1853 (June 23.) Appointing Van Dieman's Land a place for the transportation of felons. (October 19.) Empowering Judge of Supreme Court, having jurisdiction in Van Dieman's Land, to frame and alter rules and orders of said Court. (February 2.) Approving instructions to the Lieut. - Governor of Van Dieman's Land to render valid cer- tain grants of land there. (May 13.) Approving report on petition complain- ing of the conduct of the Lieutenant-Governor. (August 37.) Approving instructions to Lieutenant- Governor prescribing forms to he observed in convey- ance of Crown lands. (February 11.) Approving instructions to Lieut.- Govemor respecting grants of land and naturalisation of aliens. (October 6.) Approving additional instructions to the Lieut.- Governor prescribing regulations for sale and occupation of Crown lands for tbe future. (December 29.) Repealing foiiner Order by which Van Dieman's Land and Norfolk Island were made places to which felons might be conveyed. ACTS OF THE IMPERIAL PARLIAMENT RELATING TO VAN DIEMAN'S LAND AND NORFOLK ISLAND. Tear. Acts of Parliament, &c. 1825 (June ] 0.) 6 Geo. IV. cap. 39. — An Act for grant- ing certain powers and authorities to a Company to be incorporated by Charter, to be called the Van Die- man's Land Company for the Cultivation and Im- provement of waste Lands in His Majesty's Island of Van Dieman's Land, and for other Purposes re- lating thereto. (Amended by 10 & U Vict. cap. 97.) 330 AUSTRALASIAN DEPENDENCIES. Tear. Acts of Parliament, &c. 1888 1834 1843 1845 (July 36.) 9 Geo. IV. cap. 83. — An Act to provide for the administration of justice in Van Dieman's Land. [See New Sodth Wales.) (August 13.) 4 & 5 Will. IV. cap. 65.— An Act for the more effectual administration of justice at Nor- folk Island. (March 15.) 5 Vict. (Sess. 3) cap. 3.— An Act to confirm an Act of the Legislature of Van Dieman's Land for authorising the levy of certain duties of Customs, and on spirits. (July 30.) 5 & 6 Vict. cap. 76.— An Act for the government of Van Dieman's Land. {See New South Wales.) (August 4.) 8 & 9 Vict. cap. 95. — ^An Act to exempt Van Dieman's Land from the provisions of 5 & 6 Vict. cap. 36, regulating the sale of Crown lands. PAELIAMENTAEY EEPOETS, ACCOUNTS, & PAPEKS EELATING TO VAN DIEMAN'S LAND AND NOEFOLK ISLAND. Tear. Sessional Number. Parliamentary Keports, &c. 1841 1845 7 1847 J 1851 1854 413 785 681 684 436 1795 Correspondence between Secretary of State and Governor of Van Dieman's Land on the subject of secondary punish- ments. Correspondence on the subject of break- ing up the convict establishment at Norfolk Island. Eetum of convicts sent to Van Dieman's Land, from 1844 to 1850 inclusive. Eetum of convicts and emigrants sent to Van Dieman's Land, distinguishing classes of males and females. Despatches relating to emigration to Van Dieman's Land. Papers relating to convict discipline and transportation. NEW ZEALAND. 331 NEW ZEALAND. New Zealand comprises the insular territories lying between the 33rd and 50th parallels of S. latitude, and the 162nd and 163rd meridians of E. longitude, portions of which were explored by Tasman under the direction of the Dutch East India Company in 1642, and afterwards visited at various times between 1769 and 1777 by a British naval officer, formerly employed in North America, Captain Cook. The islands of New Zealand were virtually attached to the Colony of New South Wales in 1787, by a royal Commission, including within the limits of that Colony " all the islands adjacent in the Pacific Ocean, between the lati- tude of Cape York, and the South Cape." The first settlement by British subjects took place in 1814, when a station was established at the Bay of Islands in the northern island, under the auspices of the Church Missionary Society. At the instance of Mr. Marsden, then Government Chaplain at Sydney, the Governor of New South Wales recognised by Procla- mation in that year, the authority of Mr. Kendall, as resident magistrate, in any disputes between the natives and British sailors; and in 1833, a British resident was formally appointed, his salary of £500 a year being charged on the Civil List of New South Wales, and on him devolved the cognisance of off'ences de- fined by statute 9 Geo. IV. cap. 83, s. 4. In 1835, thirty -five chiefs, apprehensive of an attempt on the part of the French to seize New Zea- land, subscribed a Declaration, constituting themselves 332 AUSTRALASIAN DEPENDENCIES. into an Independent State, under the designation of the "United Tribes of New Zealand." This, how^ ever, led to no political results. In order to provide for the government of the Settle- ments in the northern island, Kororarika especially, and to carry out the recommendations of the Aborigines Committee of the House of Commons in 1836, and of the Lords' Committee on New Zealand in 1838, and in pursuance of an Act of the Imperial Parlia- ment, 3 & 4 Vict. cap. 62, letters patent were issued in 1839, authorising the Governor of New South Wales to include within the limits of that Colony " any territory which is or may be acquired in sovereignty by Her Majesty, her heirs and successors, within that group of islands commonly called New Zealand, lying between 34° 30' and 47° 10' S. lati- tude." A Lieutenant-Governor and Consul (Mr. Hobson) was appointed by Lord Normanby. His stajff consisted of a Treasurer, a Collector of Customs, a Police Magistrate, two Clerks, and four Troopers of the New South Wales mounted Police. At his in- stance a Treaty by which the Queen's sovereignty was recognised, and the rights of the natives guaranteed, (subject to a power of pre-emption reserved to the Crown, over their lands,) was concluded. This Treaty was signed by 512 natives at Waitangi on the northern island, February 6, 1840, after which, British autho- rity was proclaimed on both islands. By Order in Council of October 3, 1840, letters patent were issued " For erecting into a separate Colony the islands of New Zealand," in pursuance of the statute 3 & 4 Vict. NEW ZEALAND. 333 cap. 63, passed in the same year, by which Her Majesty was empowered to constitute the then Dependencies of New South Wales, of which New Zealand was the most important, into a new and distinct Government, with powers to frame its own laws, subject to the confirmation of Her Majesty in Council; all laws and ordinances so framed to be laid before the Impe- rial Parliament. Accordingly a Charter under the royal sign manual was issued on the 16th November, 1840, for erecting the Colony of New Zealand, and for creating and establishing a Legislative and Execu- tive Council, and for granting certain powers and authorities to the Governor for the time being of the said Colony. By this Charter the Mmits of the Colony were de- fined, and it was declared, that the three principal islands heretofore known as the "Northern," "Middle," and " Stewart's," should be designated respectively as New Ulster, New Munster, and New Leinster. The Legislative Council was to consist of not less than six members nominated by the Crown, and empowered to make laws and ordinances for the Colony, under instructions from the Queen in Council. The Execu- tive Council was composed of three of the principal members of the Government. Provisions were also made in the Charter for the survey of the Colony and its division into counties, hundreds, and parishes, for the protection of the natives, and the promotion of Chris- tian civilisation. The seat of Government was esta- blished at Auckland, and a Civil List, fixing the salaries of the Governor and other officers, was drawn up. By a royal Charter granted February 12, 1841, the 334 AUSTRALASIAN DEPENDENCIES. " New Zealand Company," which had been organised under another title in 1837,* received a grant of land in the Colony, in the proportion of four acres for every pound sterling proved to have been expended in its settlement, on the understanding also of the previous extinguishment by lawful contract of all native titles to such land. This Company, with the aid of advances to the amount of £236,000 out of the ConsoHdated Fund of Great Britain, voted by the Imperial Parlia- ment, established, at various times, the Settlements of Wellington and New Plymouth in Ulster, and Nelson, Canterbury, or Port Cooper, and Otago in Munster, and continued its colonising operations for nine years, when in 1850 its Charter was surrendered, and the Company's lands revested in the Crown, subject to a charge of one-fourth of the revenue to arise from the sale of waste lands in the Colony, until the claims of the Company (assessed in statute 10 & 11 Vict. cap. 113, at £368,370 15s., with interest at 3^ per cent.) should be discharged. By an Ordinance passed by the Legislative Council at Auckland, June 7, 1841, it was enacted that "all unappropriated lands within the Colon}'^ of New Zea- land, subject, however, to the rightful and necessary occupation and use thereof, by the aboriginal inhabi- tants of the Colony, are'and remain Crown or domain lands of Her Majesty, her heirs and successors, and that the sole and absolute rights of pre-emption from the said aboriginal inhabitants, rests in and can only be exercised by Her Majesty, her heirs and successors." In 1846, by an Act of the Imperial Parliament, * " The New Zealand Colouisation Company." NEW ZEALAND. 335 9 & 10 Vict. cap. 103, a constitution was framed, comprising Legislative Assemblies for both Provinces, whose management was to be committed to two Go- vernors and two Lieutenant-Governors, under the Go- vernor-in-Chief, providing also for the establishment of municipal corporations; but this measure, being complicated and impracticable in its provisions, was never carried out, and in 1848 (by statute 11 Vict, cap. 5) was suspended for five years, and the consti- tution of 1839 revived, with the addition of a Legis- lative Council established at Wellington, and a Lieu> tenant-Governor of the southern island. By statute 15 & 16 Vict. cap. 72, which received the royal assent June 30, 18B3, the present Repre- sentative Constitution of New Zealand was esta- blished. By that Act a General Assembly was con- stituted, consisting of a Legislative Council of not less than ten members appointed for life* (five to be a quorum), also a House of Representatives of not more than forty -two, nor less than twenty-four, to be elected for five years. Six Provinces, Auckland, New Plymouth, Wellington, Nelson, Canterbury, and Otago, were also established in the Colony, each to be governed by a Superintendent and a Provincial Council, of not less than nine members; both Su- perintendent and Council to be elected by the in- habitants for four years, unless the Councils should be earlier dissolved by the Governor. By the 19th section of the Act, the Provincial Councils are re- strained from legislating on Customs duties, coinage, weights and measures, post-office regulations, ligbt- • By the Crown. See ss. 34-9 of the Act. 836 NEW ZEALAND. houses, shipping dues, Crown lands, or from altering the civil and criminal law ; and by the 30th section, all Bills to which the Superintendent has not a dele- gated authority to assent, must be reserved for that of the Governor. The uniform qualifications of mem- bers and electors for the General and Provincial Councils, and for the House of Representatives, and for the Provincial Superintendents, are as follows : — All persons of full age being freeholders to the clear value of £B0, or £10 leaseholders for three years, or £10 householders in towns, or £5 householders with- out the limits of towns, being natural-born or na- turaUsed, are qualified as members or electors. The General Assembly is empowered to alter the electoral districts, and the number of members, and to regu- late the sale of waste lands, the rights of the New Zealand Company (under statute 10 & 11 Vict. cap. 112), of the Canterbujry Association (under statutes 13 & 14 Vict. cap. 70, and 14 & 15 Vict. cap. 84), of the Nelson Settlement (under 14 & 15 Vict. cap. 86), and of the Otago Association imder valid con- tracts, between that body and the New Zealand Com- pany, being reserved. ' The Associations of Otago and Canterbury respectively are also empowered to transfer their powers to the Provincial Councils. By Royallnstructions of September 13, 1852, an Execu- tive Council was constituted, the members of which are now, in pursuance of a despatch of December 8, 1854, responsible to, and removable by votes of, the General Assembly. The salary of the Governor of New Zealand was, in 1854, £2500 per annum. NEW ZEALAND. 337 The office of Goveenoe has been held by the FOLLOwiNa Persons. Captain Hobson, 1839. Captain Fitzroy, 1843. Sir George Grey, 1845. Colonel Gore Browne, November 14, 1854. CHATHAM ISLANDS. The largest of these islands comprises an area of about 300,000 acres. It was discovered, in 1791, by Broughton and Vancouver. The islands were, in 1841, constituted as a Dependency under the protec- tion of Her Majesty's Government in New Zealand. AUCKLAND ISLANDS. These islands are about 180 miles south of New Zealand. They comprise — one island containing about 100,000 acres, and several small islands. They were discovered in 1806, by a whale ship belonging to Mr. Enderby, to whose firm a lease, for 30 years, of the islands was, in 1847, granted by the Crown, which lease was, in 1848, transferred to the Southern Whale Fishing Company, incorporated in that year by Royal Charter. Mr. Charles Enderby was appointed the Company's Commissioner, and Lieutenant-Governor, but resigned in 1852.* The islands are now under the general Government of New Zealand. * Vide Parliamentary Paper, 369. 1855. I S88 AUSTRALASIAN DEPENDENCIES. OKDERS IN COUNCIL EELATING TO NEW ZEALAND AND ITS DEPENDENCIES Tear. Orders in Council. 1840 1841 1843 1843 1846 1847 1849 1850 (October 3.) Approving Commission to Captain Hobson, Governor and Commander-in-Chief of the islands of New Zealand. (October 3.) Approving letters patent for erecting into a separate Colony ttie islands of New Zealand, in pursuance of statute 3 & 4 Vict. cap. 62, s. 3, and instructions under s. 3 of that Act. (December 8.) Approving device of a seal for the Government of New Zealand. (January 35.) Empowering Lords of the Admiralty to establish a Vice-Admiralty Court in New Zealand. (August 37.) Appointing Wellington, Auckland, and Eussell, in New Zealand, to be free ports. (August 33.) Empowering French ships and ships belonging to States within the limits of the East India Company's Charter, to trade with New Zea- land. (December 19.) Approving a Charter to provide for the government of New Zealand. (February 4.) Approving additional instructions to the Governor, in pursuance of statute 9 & 10 Vict, cap. 103, to make further provision for the govern- ment of the New Zealand Islands. (April 34.) Approving devices of public seals for the Governments of New Ulster and New Munster, in New Zealand. (November 33.) Approving additional instructions to the Governor respecting the royalty to be reserved on minerals raised from waste lands. (January 15.) Approving additional instructions to the Governor as to the extent of rural lots, and the disposal of Crown lands by auction. (May 1.) Approving Charter for incorporating the Canterbury Association for founding a Settlement in New Zealand. (January 30.) Approving additional instructions to the Governor, authorising him to grant land in New Zealand, on certain conditions, to naval and military ofl&cers, military pensioners, and aboriginal inhabi- tants. NEW ZEALAND. 339 Tear. Orders in Oouiicil. 1850 185:3 1853 1855 (July 15.) Approving additional instructions to the Governor respecting Sie application of the proceeds of land sales in New Zealand, and repealing so much of chapter 1 3 of Royal Instructions of 1846, as relates to certain demesne lands of the Crown in the Province of New Munster. (October 16.) Approving proclamation limiting the tender of silver coins. (June 13.) Approving additional instructions to the Governor, providing for the maintenance of the terms of pinrchase of land, and of pasturage licences. (March 81.) Assenting to a reserved Act of the Legislature to authorise the General Assembly to empower the Provincial Ooimcils to enact laws regu- lating the sale of waste lands. ACTS OF THE IMPEEIAL PARLIAMENT RELATING TO NEW ZEALAND. Boyal Assent. Acts of Parliament. 1840 1846 1847 1848 1849 (August 7.) 3 & 4 Vict. cap. 63. — An Act to pro- vide for the constitution of new Colonies within the existing limits of New South Wales. (August 3.) 9 & 10 Vict. cap. 43.— An Act to au- thorise a loan from the Consolidated Fund to the New Zealand Company. (Amended by 9 & 10 Vict, cap. 83.) (August 3.) 9 & 10 Vict. cap. 103.— An Act to make further provision for the Government of the New Zealand Islands. (July 33.) 10 & 11 Vict. cap. 113.—- An Act to pro- mote colonisation in New Zealand, and to authorise a loan to the New Zealand Company. (March 7.) 11 Viet. cap. 5. — ^An Act to suspend for five years the operation of 9 & 10 Vict. cap. 103, and to make other provisions in lieu thereof (August 1.) 13 & 13 Vict. cap. 79.— An Act to facilitate the execution of conveyances and other in- Z 2 340 AUSTRALASIAN DEPENDENCIES. Eoyal Assent. Acts of Parliament. 1850 1851 1852 struments by or on behalf of the New Zealand Com- pany in New Zealand. (August 14.) 13 & 14 Vict. cap. 70.— An Act em- powering the Canterbury Association to dispose of certain lands in New Zealand. (August 7.) 14 & 15 Vict. cap. 84. — An Act to alter and amend 13 & 14 Vict. cap. 70, giving certain powers to the Canterbury Association. (August 7.) 14 & 15 Vict. cap. 86. — ^An Act to re- gulate the affairs of certain Settlements of the New Zealand Company. (June 30.) 15 & 16 Vict. cap. 73. — ^An Act to grant a Kepresentative Constitution to New Zealand. (July 1.) 15 & 16 Vict. cap. 88.— An Act to re- move doubts as to the constitution of Chiistchurch Bishopric, and to enable Her Majesty to subdivide the diocese of New Zealand. PAELIAMENTARY EEPOETS, ACCOUNTS, AND PAPERS RELATING TO NEW ZEALAND. Tear. Sessional Number. Parliamentary fieports, &c. 1835 1837-8 1810 585 132 680 560 Communications vsdtli the Colonial Of- fice, relative to an expedition for the re- covery of British subjects detained by natives in New Zealand. Despatch from Governor Sir R. Bourke to Lord Glenelg, with four inclosures re- lative to the affairs of New Zealand. Report from the Lords' Select Com- mittee appointed to inquire into the pre- sent state of New Zealand, and the expe- diency of regulating the settlement of British subjects therein. Despatches containing reports of Cap- tain Hobson of his proceedings on his ar- rival at New Zealand. NEW ZEALAND. 341 Tear. Sessional Number. Parliamentary Beports, &c. 1840 582 1842 1844 1845 1846 1849 1850 1851 1853 669 556 ; 24T 1 I 360 f j 357 J 1 660 I 378 203 1280 1398 570 Report from the Commons' Select Com- mittee, with Appendix, containing state- ments of the Committees of the Church Missionary and the Wesleyan Missionary Societies, relative to the New Zealand Mis- sion ; also statement of schools, scholars, congregations, and communicants, in the Colony: also list of ships despatched by the New Zealand Company since the date of its foundation; also survey of native lands. Return of lands sold by Government in the Colony of New Zealand, since these islands became a British Colony. Reports from the Commons' Select Com- mittee, with minutes of evidence, and map of the Colony of New Zealand, with Ap- pendix, containing correspondence rela- tive to the finances of the New Zealand Company, and the titles to their lands, together with their assets and liabilities, receipts and expenditure, in their various Settlements; also relative to the aborigines, and proposals for Church extension by the Society for the propagation of the Gospel ; also despatches reporting the claims of the Nanto-Bordelaise Company, to Banks's Peninsula. Despatches from Governor Fitzroy. Correspondence between the Colonial Office, and the New Zealand Company, on the constitution of the Colony. Returns of land claims. Awards of land claims of Commissioner Spain. Statistics of New Zealand. Population, trade, &c. Papers relative to the affairs of New Zealand. Papers relating to the surrender of their Charters by the New Zealand Company Correspondence between the Colonial 342 AUSTRALASIAN DEPENDENCIES. Tear. 1853 1853 1854 1855 Sessional Number. ri475 4 1476 [l48a 133 306 160 Parliamentary Reports, tus. Ofi&ce and the Commissioners, and the Directors of the New Zealand Company, before July, 1850, since the passing of statute 10 & 11 Vict. cap. 113. ^ Papers relative to the proposed consti- j-tution of New Zealand, and the sur- J render of the Company's Charter. Correspondence respecting the Auckland Islands, and Mr. Enderby's absence there- from. Correspondence respecting the Canter- bury Settlement in New Zealand. Correspondence respecting the Bishop of New Zealand.* Correspondence on the subject of Ee- sponsible Government. * By patent dated October 14, 1841, the episcopal diocese of New Zealand was constituted. TBANSPOKTATION QF CRIMINALS. 343 CHAPTER VII. HISTOEICAL SKETCH OP THE SYSTEM OF TRANSPORTA- TION OF CRIMINALS TO THE BRITISH DEPENDENCIES. TT is not intended here to discuss the vast question of Secondary Punishments, or even the policy of Traaispoxtation as a system, but simply to give a brief sketch of the history of that system as it has hitherto affected the relations of the British Depen- dencies with the Parent State. Transportation is not an invention of this age or country. Great Britain has, in adopting that form of secondary punishment, only imitated the example of other countries in past and present times. The Greeks, for instance, banished offenders to the islands of the ^gean, the Romans to Sardinia, the Portuguese to Africa and South America. Spain now transports her criminals to Puerto Rico, Holland to Batavia, and Prance to Cayenne and Algiers.* The transportation of offenders from Great Britain was first authorised under the equivalent designation of "Banishment" by statute 39 EUzabeth, cap. 4, passed in the year 1597. By that Act, justices of the peace were empowered to bajiish "dangerous rogues and vagabonds," but no special place or country was named for their reception. The first * Convicts are also now transporteci from Bengal to Singa- pore, Te&asserim, and Arraoan. 344 BRITISH DEPENDB^IBS. public documents authorising the transportation of convicts, which specially designate their destination, are three Orders in Council, dated January, 1614, July, 1615, and March 20, 1617, respectively, directing certain criminals " to be delivered to the Governor of the East India Company, to be transported to the East Indies." Other Orders to the same effect will be found about the same period in the records of the Council Office, By a letter dated in 1619, and addressed by King James I. to the Treasurer and Council of Virginia, they were commanded to send a hundred dissolute persons to Virginia, which the knight-marshal would deliver to them for that purpose. By Order in Council of April 10, 1620, twenty men and women, reprieved criminals, are ordered to be transported to the Summer Islands. By statute 18 Car. II. cap. 3 (passed in 1666), the English judges are empowered, at their discretion, either to " execute or transport for life, the moss-troopers of Cumberland and Northum- berland." By statute 4 George I. cap. 2, passed in 1717, and continued by statute 6 George I. cap. 23, the courts were allowed a discretionary power to order felons who were by law entitled to their clergy, to be trans- ported to the American Plantations. This system, as authorised by these statutes, continued uniU the commencement of the War of Independence in 1774. A brief interval now occurred, during which the punishment of transportation was discontinued, and by statute 19 George III. cap. 74, passed in pur- TRANSPORTATION OF CRIMINALS. 345 suance of the recommendations of Judge Blackstone, Mr. Eden (afterwards Lord Auckland), and Mr. Howard, provisions were made for the erection of penitentiaries. This plan was never carried into exe- cution by the Government, and the system of trans- portation was consequently resumed. In 1784, by statute 24 George III. cap. B6, His Majesty in Council was empowered to appoint to what place beyond the seas offenders should be trans- ported, and this power was exercised by two Orders in Council, dated Dec. 6, 1786, appointing the east- ern coast of Australia, and the adjacent islands, as places for the reception of convicts. It was in pursu- ance of these Orders that the first penal settlement in the colony of New South Wales was formed in 1788. In 1812, a Select Comnlittee of the House of Commons was appointed to inquire into " the manner in which sentences of transportation are executed, and the effects which have been produced by that mode of punishment." This Committee consisted of the fol- lowing members : — The Hon. George Eden, Sir Samuel Romilly, Mr. Abercromby, Mr. Brand, Sir C. Bunbury, Lord George Grenville, Sir C. Burrell, - Mr. Ryder, Mr. MacDonald, Mr. Pole-Carew, Sir Ridley Colborne, Mr. Vernon, Mr. Gooch, Mr. Horner, Mr. Greenough, Mr. Peel, and Mr. Lygon. In their Report, dated July 10, 1812, this Com- mittee having examined fourteen witnesses con- versant with the convict system, as then pursued in the Australian Colonies, recommended the follow- ing modifications in that system : — 1 . The earlier dis- 346 BRITISH DEPENDENCIES. tribution of convicts to settlers. 2. The equalisation of the sexes by the introduction of a larger number of femEtle convicts. 3. The limitation of the Governor's power of granting conditional pardons. The Com- mittee also advised the permission of distillation in New South Wales, and the reform of the Courts of Justice.* In 1819, the mode of treatment of convicts in New South Wales and Van Dieman's Land, again became the subject of a Parliamentary inquiry, at which the Right Hon. Charles Bathurst presided, and in the minutes of evidence appended to the Report presented July 12 in that year, the then existing system is minutely described. The Report itself con- tains no special recommendation on the subject. In 1823, by statute 4 George IV. cap. 47, the em- ployment in the Colonies of male convicts under sentence of transportation, was authorised by Par- liament. In 1824, by statute 5 George IV. cap. 84, a new element was introduced into the system of transporta" tion, by giving to the Governor of a penal Colony, a property in the services of a transported offender, for the period of his sentence, and authorising him to assign over such offender to any other person. By Order in Council of June 23, in the same year, Van * It appears from Ishis Eeport, that at that time the total population of the four chief districts of New South Walesr^ Sydney, Paramatta, Hawkesbury, and Newcastle — was, accord- ing to the last returns, 10,454 ; that of the two Settlements in Van Dieman's Land — Dalrymple and Hobart Town — 1 381 ; and that of Norfolk Island, 177 inhabitants. TRANSPORTATION OP CRIMINALa. 347 Dieman's Land was appointed a place for the trans- portation of felons. In 1828, by statute 9 George IV. cap. 83, the Go- vernors of penal Colonies were empowered to grant a temporary or partial remission of sentence, and their powers in this respect are defined by statute 2 and 3 Wm. IV. cap. 62. Various provisions for the recep- tion and discipline of transported convicts, were sub- sequently made from time to time by Colonial laws, framed by the Local Legislatures of New South Wales and Van Dieman's Land, established under statute 9 George IV. cap. 83. In 1834, an Imperial Act (4 and 5 Wm. IV. cap. 67) was passed for abolishing capital punishment in cases of convicts returning from transportation. By a vote of the House of Commons, April 7, 1837, it was ordered "that a Select Committee be appointed to inquire into the system of transportation, its efficacy as a punishment, its influence on the moral state of society in the penal Colonies, and how far it is susceptible of improvement." A Committee was nominated consisting of the following members: — Sir Wm. Molesworth, Lord John Russell, Sir George Grey, Mr. Leader, Mr. Ward, Mr. Hawes, Mr. Ord, Lord Howick, Sir T. Fremantle, Mr. F. Baring, Sir Robert Peel, Mr. Charles Buller, Lord Ebrington, Sir Charles Lemon, and Mr. French. This Committee reported, on the 14th of July, their inability to present to Parliament, until the fol- lowing session, the result of their labours, but urged "the necessity of further and serious investigation 348 BRITISH DEPENDENCIES. into the efficacy of transportation as a punishment, and its bearing on the welfare and morality of the community to which it has been applied as a means of colonisation." By a subsequent vote of Nov. 24 in the same year, the same Committee was re-appointed, and having examined at great length fifteen witnesses con- versant with convict discipline, both in the penal settlements and in England, presented, on the 3rd of August, 1838, a Report which concluded with the fol- lowing resolutions .■ — 1. " That transportation to New South Wales, and to the settled districts of Van Dieman's Land, should be discontinued as soon as practicable. 3. " That crimes now punishable by transporta- tion, should in future be punished by confinement with hard labom', at home or abroad, for periods varying from two to fifteen years. 3. " That, for the purpose of effectually maintain- ing discipline and subordination among the convicts sentenced to confinement abroad, of promoting the legitimate ends for which punishment is inflicted, and also of preventing a recurrence of those social evils which have been found by experience to result from transportation as hitherto conducted, the peniten- tiaries, or houses of confinement, that may be esta- bhshed abroad, shall, so far as possible, be strictly limited to those places wherein there are at present no free settlers, and wherein effectual security can be taken against the future resort of such settlers. 4. " That rules should be established by which the TRANSPORTATION OF CRIMINALS. 349 existing practice of abridging the periods of punish- ment of convicts in consequence of their good con- duct may be brought under stricter regulation, and rendered less vague and arbitrary. 5. " That on account of the difficulty which a con- vict finds in this country in procuring the means of honest livelihood after the expiration of his sentence, and on account of the temptations to which he is thereby exposed, it would be advantageous to esta- blish a plan by which a convict might receive en- couragement to leave the country, with the prospect of supporting himself by regular industry, and ulti- mately regaining the place in society which he had forfeited by crime. That if such encouragement were limited to convicts who should have conducted themselves uniformly well during their confinement, it might, at the same time, operate as an encourage- ment to good behaviour during confinement, and might considerably diminish the prejudice which must, to a certain degree, attach to any person known to have been convicted of a serious offence. 6. " That the convicts who have been punished abroad, should be compelled to leave the Settlement in which they have been punished, within a limited period after the expiration of their sentences, and that means should be afforded them by the Govern- ment for this purpose." An appendix (No. 10) to the Report of this Com- mittee contains a paper on the subject of Secondary Punishments,* founded on Parhamentary Reports, * Prepared by D. D. HeatJi, Esq. 350 BRITISH DEPENDENCIES. and on Official Documents, in the office of the Secretary of State. The object of this paper, as set forth at its commencement, is "to determine the question whether it be advisable to continue the present mode of punishment by transportation, and, if the evils arising from it should, seem to demand a change, to inquire what other plan may be advantageously substituted for it." The whole question is considered in its moral, social, political, and financial aspects, and this document con- cludes by recommending the establishment of peni- tentiaries on the solitary system, on a large scale, and the gradual discontinuance of transportation. The system as it existed in 1838, is thus described by the Committee : — Convicts, after sentence of trans- portation, were sent to the hulks or gaols till the period of their departure arrived. During the voyage, they were placed under the control of a " surgeon- superintendent," who was furnished with instructions from the Admiralty. On their arrival at their destina- tion, a report was made to the Governor, and a day appointed on which the Colonial Secretary went on board, mustered the convicts, and directed the removal of the males to the convict barracks, and of the females to the penitentiaries, or at once, if hired, into private service. The convicts were then classified by an officer, called the Superintendent of Convicts. With the exception of those whose past crimes and present characters involved the necessity of continued sur- veillance and coercion, the convicts were immediately assigned to settlers, on application made to an officer TRANSPORTATION OF CRIMINALS. 351 called the Commissioner for tlie Assignment of Con- victs, who was guided in his distribution of them by certain Government regulations. During the first period of the Australian penal Settlements, the supply of convicts so much exceeded the demand, that a premium was given to settlers wiUing to maintain convicts. Subsequently, the demand so far exceeded the supply, that the ob- taining convict labour became a matter of difficulty and competition. Settlers to whom convicts were assigned, were bound to send for. them within a cer- tain period of time, and to pay the sum of £1 a-head for the clothing and bedding of each convict, who was entitled to receive from his master a fixed amount of food and clothing. The position of assigned convicts differed materially not only in the different Settle- ments, but according to the temper and character of their respective masters. In Van Dieman's Land, the assigned were required to live under the roof of their employers ; they received no wages for their labour, could not work for themselves, or go anywhere without a pass. The encouragement held out to con- victs under this system, as the reward of good con- duct, was a " ticket of leave," and eventually a conditional or unconditional pardon. Tickets of leave might be obtained by convicts who had originally been sentenced for seven years, fourteen years, or for life, after a residence of four, six, or eight, years re- spectively in a penal Settlement. Pardons or eman- cipations might be obtained by those originally trans- ported for fourteen years, at the fulfilment of two- 352 BRITISH DEPENDENCIES. thirds of their sentence, and by those under life sentences, at the termination of twelve years' uniform good conduct. In January, 1839, certain alterations were intro- duced into the system in Van Dieman's Land, in pur- suance of instructions from Lord Glenelg to Sir John Franklin, then Governor of that Colony ; the chief of which were : — 1. The discontinuance of the assignment of con- victs as domestic servants. 2. The preliminary discipline of all convicts before assignment in classified gangs. 3. The division of the ticket-of-leave holders into two classes : — the first, or lowest, to be entitled to a certain maximum amount of wages, and to choose their own masters ; the second, to be enabled to hold property, real or personal, to attend only the annual muster, to change their residence at their own option, and not to be liable to lose their tickets of leave, unless by sentence of the Supreme Com't.* The Report of the House of Commons' Committee of 1888, evoked a counter-expression of opinion on the part of the Legislative Council of New South Wales, as recorded in the following resolutions passed by that body in 1839:— " Resolved, that if transportation and assignment have hitherto failed to _produce all the good effects anticipated by their projectors, such failure may be * The Parliamentary documents relating to these changes are abstracted in Mr. M. Martin's accoimt of Van Dieman's Land. TRANSPORTATION OP CRIMINALS. 353 traced to circumstances, many of which are no longer in existence, while others are in rapid progress of amendment. Also, that in the opinion of this Council, no system of penal discipline, or secondary punishment, will be found at once so cheap, so effec- tive, and so reformatory, as that of well-regulated assignment, accompanied by adequate religious in- struction." In Van Dieman's Land, the Report of the Com- mittee was regarded as a hbel on the free population, who considered themselves to be involved in the ge- neral allegations it contained as to the moral and social condition of the Colony. The Report of the Committee of 1838 may nevertheless be regarded as the inauguration of a new era in the history of transportation ; for though received at first with dis- favour in the penal Settlements, and though all the recommendations it contained were not immediately adopted by Parhament, it has formed the basis of much subsequent Imperial legislation on the subject. In 1839, preparations were made by Lord Nor- manby, then Secretary of State for the Colonies, for the gradual abolition of assignment, and the diminu- tion in the number of prisoners to be transported. In 1840, transportation to New South Wales was discontinued by Order in Council, dated May 23, and in 1841, certain regulations were introduced by Lord John Russell for applying the separate system to the worst class of convicts in Van Dieman's Land. In the same year, the assignment system (originally es- tablished by statute 9 Geo. IV. cap. 83) was finally A A 354 BRITISH DEPENDENCIES. discontinued in Van Dieman's Land, and in 1842 a plan involving a more gradual absorption of convicts into the population, called the " Probation System," was attempted under the auspices of Lord ^tanley. The rapid influx of convicts into Van l)ieman's Land during the three following years, rendered every effort for their distribution and discipline ineffectual, and in November, 1845, despatches were sent out by Lord Stanley, containing instructions for the forma- tion of a new penal Settlement at Harvey Bay, in North Australia, for the purpose of " reheving Van Dieman's Land from the constant and increasing pressure of the large body of pardoned convicts who were there vaialy seeking the means of subsistence." By letters patent dated February 2, 1846 (Mr. Glad- stone having then succeeded Lord Stanley in the Colonial Depa,rtment), this scheme was initiated, and a certain number of " exiles " was actually removed to the new Settlements. On Lord Grey's accession to office, by Order in Council dated Dec. 19, in the same year, the letters patent were cancelled, and four years afterwards the survivors, who stiU remained at Harvey Bay, were removed by a British ship of war, sent from Singapore, and the Settlement finally abandoned. In 1847, in consequence of alleged difficulties and abuses attending former plans of convict management in the penal Colonies, a new system was introduced, which is described, in an official letter from Sir George Grey, then Secretary of State for the Home Department, dated January 20, 1847, as consisting of "a limited TKAN"SP0RTATION OP CRIMINALS. 355 period of separate imprisonment, succeeded by em- ployment on public works, either abroad, as at Gib- raltar or Bermuda, or in Great Britain, and ultimately followed by exile or banishment for the remaining period of the original sentence." The " exiles," as they were called, sent out under this system, held conditional pardons, but were practically free on their first landing at their final destination ; but in the fol- lowing year (1848) it was deemed expedient to adopt some contrivance which might operate as a stimulus to good conduct, and as a restraint on the evil dis- posed. Tickets of leave were therefore grailted to all the exiles, who were not permitted to leave the cus- tody of the Government, until they had made an agreement with some settler to serve him for not less than a year, the employers being responsible for pay- ing to the Government a certain sum annually from their wages. These ticket-of-leave holders were not considered eligible for conditional pardons, until they had paid a certain sum in this manner, and had be- haved well for a time, varying according to the length of their respective sentences.* In 1849, £30,000 having been voted for the pur- pose by Parliament, a certain number of free persons and of military pensioners were introduced into the Colony of Van Dieman's Land, for the purpose both of infusing a loyal element into the population, and increasing its means of defence. Statute 10 & 11 Vict. cap. 54, provided for the * Vide Lord Grey's Colonial Policy, vol. ii. p. 94. A A 2 356 BRITISH DEPENDENCIES. enrolment of these pensioners for occasional duty, in the Colonies to which they might be sent. It must be observed that the system thus organised, had no reference to New South Wales. Transporta- tion to that Colony had been suspended by an Order in Council of May 34, 1840, and (after an ineffectual attempt to render its renewal acceptable to the Co- lonists by a scheme for the simultaneous importation of an equal number of free emigrants) was finally abolished, so far as New South Wales was concerned, by Order in Council of June 25, 1851. In the meantime, an attempt equally unsuccessful had been made to plant the germ of a penal Settle- ment in South Africa. By Order in Council of September 4, 1848, the Colony of the Cape of Good Hope was appointed a place for the reception of convicts, and in the course of the following year a certain number of Irish convicts, who had been originally sent to Bermuda, were, in pursuance of the Order above cited, re-transported to the Cape. The repugnance of the Colonists to this measure, rendered it impracticable. The convicts were not landed, but forwarded with conditional pardons to Van Dieman's Land, and by Order in Council of January 8, 1850, the obnoxious Order of September 4, 1848, was re- voked, and the scheme of transportation to the Cape of Good Hope finally abandoned. The next experiment in the disposal of convicts from Great Britain, was the establishment of the penal Settlement in Western Australia. By Order in Council of May 1, ] 849 (in pursuance of a peti- TRANSPORTATION OF CRIMINALS. 357 tion from the inhabitants of Western AustraKa, re- presenting the distress arising there from the deficiency of labour), that Colony was nominated a place for the reception of convicts. In January, 1850, a penal Settlement was formed at Perth, consisting partly of convicts who had not fulfilled their period of impri- sonment at home, and partly of holders of tickets of leave. The difficulties attending the administration of convict discipline in Van Dieman's Land, were now greatly increased by the disputes arising between the local Government of that Colony and those of the Austrahan mainland, relative to the immigration to the latter, of " expirees " and emancipiats from Van Dieman's Land.* In pursuance of a petition ad- dressed to Her Majesty by the Legislative Council of that Colony, and dated September 16, 1853, an Order in Council was issued in January, 1854, by which transportation to Van Dieman's Land was finally abohshed. The same course had been adopted with respect to Norfolk Island, by an Order of De- cember 29 of the previous year. Western Australia is now, therefore, the only British Dependency to which offenders from the United Kingdom, or military convicts from other Colonies, can be transported. During the first four years after the organisation of the penal Settlements at Perth, about 3000 of the class first mentioned were trans- ported thither. * An Act "to prevent the influx of Criminals into Vic- toria," received the Governor's assent, November 16, 1854. 358 BRITISH DEPENDENCIES. "With respect to the establishments at Gibraltar and Bermuda, it only remains to be observed that they are not penal Settlements, but simply temporary re- ceptacles for convicts, who are not allowed, after their release, to remain in either of these places; and during their sojourn there, are under the same disci- pline as exists in the hulks and convict prisons of the United Kingdom. ORDERS IN COUNCIL RELATING TO TRANSPOR- TATION. Year. 1614 161B 1617 1618 1619 1620 1786 1834 182B Orders in Oouncil. (January.) For ordering certain criminals to be transported to the East Indies. (July.) For delivering J. Gates, and other reprieved convicts, to the Governor of the East India Com- pany to be sent to India. (March 30.) For delivering John Browne, now a prisoner in the Castle of Canterbury, unto Sir J. Smith, Governor of the East India Company, to be sent beyond the seas to the East Indies. (Nov. 30'.) Ordering James Stringer, a prisoner in Newgate, to be sent to Virginia, and Henry Read to be sent to the East Indies. (April 8.) Ordering Henry Lightwood- to be sent to the East Indies, (November 12.) Ordering J. Barre, a Burgundian, to be transported. (April 10.) Ordering twenty men and women, re- prieved criminals, to be transported to the Summer Islands. (December 6.) Two Orders in pursuance of statute 34 Geo. III. cap. 56, appointing the eastern coast of Australia, and the adjacent islands, to be places to which convicts, sentenced to be transported beyond the seas, may be conveyed. (June 33.) Order directing certain male convicts to be kept to hard labour at Bermudas. (November 11.) Order relating to transportation. TRANSPORTATION OF CRIMINALS. 359 Orders in Council. (May 92.) Order discontinuing transportation to •New South Wales, i ,• (April :l.)r Authorising the transportation of con- victs from the United Kingdom' to Gibraltar. (September 4.) Appointing New South Wales, Van Dieman's Land, Norfolk Island, and the Cape of Hope, as places to which convicts might be con- veyed, and discontinuing transportation from other Colonies to New South Wales. (May 1.) Nominating Western Australia a place for the reception of convicts. (January 8.) Eevoking Order of September 4, 1848, so far as concerned the Cape Colony. (June 36.'), Eevoking Order of September 4, 1848, so far as concerned New South Wales. (December 29.) Eevoking Order of September 4, 1848, so far as concerned Norfolk Island. (January.) -Eevoking. Order.of September 4, 1848, so far as concerned Van Dieman's Land. ACTS OF THE IMPEEIAL PAELIAMENT EELATING TO TEANSPOETATION. Acts of Parliament. 39 Eliz. cap. 4. — Empowering justices of the peace to banish rogues and sturdy vagabonds from the realm. 18 Car. II. cap. 3. — ^Empowering justices of assize, and commissioners of oyer and terminer, to transport certain offenders to His Majesty's dominions in Ajne- rica. 4 Geo. I. cap. 11. — An Act for the more effectual transportation of felons, and unlawful exporters of wool. 6 Geo. I. cap. 23. — ^An Act for the more effectual transportation of felons. 24 Geo. III. cap. 56.^-An Act for the more effec- tual transportation of felons and other offenders. 360 BRITISH DEPENDENCIES. Boyal Assent. Acts of Parliament. 1823 1884 1835 1837 1838 1830 1833 1834 1837 1843 1846 1847 and to authorise the removal of prisoners in certain cases. (July 4.) 4 Geo. IV. cap. 47. — ^An Act for au- thorising the employment at labour in the Colonies of male convicts, under sentence .of transportation. (June 31.) 5 Geo. IV. cap. 84.— An Act for the transportation of offenders from Great Britain. (Amended and extended by statute 11 Geo. IV. and 1 Will. IV. cap. 39, and 10 & 11 Vict. cap. 76.) (May 35.) 6 Geo. IV. cap. 35.— An Act for defining the rights of convicts who receive pardon, &c. (June 33.) 6 Geo. IV. cap. 69. — ^An Act for punish- ing offences committed by transports kept to labour in the Colonies, and better regulating the powers of justices of the peace in New South Wales. (June 31.) 7 & 8 Geo. IV. cap. 38.— An Act for further improving the administration of criminal jus- tice in England. (July 35.) 9 Geo. IV. cap. 83.— An Act to provide for the administration of justice in New South Wales and Van Dieman's Land, and for the more effectual government thereof, and for other purposes relating thereto. (July 16.) 11 Geo. IV. &1 Will. IV. cap. 39.— An Act to amend statute 3 Geo. IV. cap. 84, and for punishing offences by convicts kept to labour in the Colonies. (July 11.) 3 & 3 WiU. IV. cap. 63.— An Act for abolishing the punishment of death in certain cases, and substituting a lesser pimishment in lieu thereof. (August 13.) 4 & 5 Will. IV. cap. 67.— An Act for abolishing capital punishment in cases of convicts returning from transportation. (July 17.) 7 Wai. IV. & 1 Vict. cap. 90.— An Act to amend the law relative to offences punishable by transportation for life. (April 3.) 6 Vict. cap. 7. — An Act to amend the law affecting transported convicts, with respect to pardons and tickets of leave. (July 3.) 9 & 10 Vict. cap. 36.— An Act for abolish- ing the ofl&ce of superintendent of convicts under sentence of transportation. (July 9.) 10 & 11 Vict. cap. 67. — An Act to amend the law as to the custody of offenders. TRANSPORTATION OF CRIMINALS. 361 Koyal Assent. 1849 1853 Acts of Parliament. (June 26.) 13 & 13 Vict. cap. 37.— An Act to re- move doubts concerning the transportation of offenders under judgment of death, to whom mercy may be extended, in Ireland. (August 30.) 16 & 17 Vict. cap. 99.— An Act to substitute in certain cases other punishment in lieu of transportation. (August 20.) 16 & 17 Vict. cap. 121.— An Act for providing places of confinement in England or Wales for female offenders under sentence or order of trans- portation. PARLIAMENTAEY EEPORTS, ACCOUNTS, & PAPEES EELATING TO TEANSPOETATION. Year. Sessional Number. Parliamentary Reports, &c. 1812 341 Eeport from Select Committee of the House of Commons, on transportation of criminals to New South Wales. 1817 337 Estimates of expense of convicts at home, and in New South Wales. 1819 Eeport from Select Committee of the House of Commons on the treatment of convicts in New South Wales and Van Dieman's Land. 1824 17 Estimates of the cost of confining, maintaining, and employing convicts at the Bermudas. 1825 29 Comparative estimate of the cost of maintaining and employing convicts at home, and at the Bermudas. 1830 600 Eetums of convicts in the hulks at the Bermudas, and in England. 1837 518 Papers on secondary punishments by D. Heath. 1838 76 Eesolutions of Council of New South 362 BRITISH DEPENDENCIES. Tear. Sessional Number. Parliamentary Reports, &c. 1839 1840 1841 1843 1845 1846 1847 1848 1849 1850 1851 1853 1853 1854 1855 582 352 413 158 159' 356 86 673 { 800 ( l81l[ 941 ( 11317 ( 1133.; j 11531 1 1386/ I 681 I { 684 ) ( 1361( ( 1418| 1517 fieoi 11677 1795 1916J Wales,, and Van Dieman's Land, respect- ing transportation and assignment of con- vict^. . J , , . Xi.ord John Eussell and Lord Howick's notes on transportation. Order in Council, of May 22, respecting . transportation. Cpirespondence relating to secondary punishments. Papers on convict discipline in New South Wales and Van Dieman's Land. Correspondence relating to juvenile con- victs from Parkhurst. Eetums of spiritual provisions for con- victs in the Colonies.. . Correspondence, respecting the disposal of exiles in Van Dieman's Land, New South Wales, and Port Philip. Eetums of ships hired for conveyance of convicts from 1 Januaiy, 1839, to 30 June, 1846. Correspondence on the subject of trans- portation and convict discipline in the Co- lonies. Correspondence on transportation, &c. Correspondence on transportation, &e. Correspondence on transportation, &c. Eetums of convicts sent to Van Die- man's Land. Correspondence on transportation. Papers on transportation, &c. Papers relating ' to transportation and convict discipline. APPENDIX. I r»4 Ol O O % . eO ITS rH 2 rH 00 CO ^ T-; o -^ 3> kca CO CO *-* 00 i-[ CO S t* 1:^ CO « ^ iaj> OS f^ ^ K_ fsrt «-r o o 2 o o g rH »-( O CO O CO *^ 5D CO ^^Sco i-T O « CO OS O *^ O (N CO - «D rH (N O I-H i-H d ^ * CO O rH Cil 00 !>. li CO CO -S ^ «0 -^ £ JO COOS ^ ^ r^ooSa CO CO CO O 0^1 O OQO O «0 CM CO O O 00 O 1-4 CO OS O w ' SE -J »». fi s • rH O W S «0 O I-H g CO 0^.o oo oo OS cq r-l >44 O 00 CO »Oi>00 O Wi?- o 1-^ -<*r o -*'i>r in" ©r Wi cq t-t G- 5D l-( I-l I-H I-H -^ O A CO o ■^ ^* CO oo o^oo os^ I-H (N CO -* CO OS O rH O CO O ir- o CO o !>. !0 CO CO w rt • - - «! -I •!§§ 1^ **«**« ^ rl^**® CO ?0 i-H iH iH ICi O i-t O O -SH i> r-l iO lO a> GO Qt (yn Ni-i ka £ «0 iH O rH e<3 ^ f-H 1^ t« CO ma (M cq r-( '-< iH rH cq >* o U5 o th r-l rH § a*"* "-li-Hi-HrHiH >H i-Hi-HtH S ■Sr^^SSr:^ *?CftlQQO^OS(NeOCDi>-t-t--^^0{N<0 S SiSSSSS S2'==**^'-'*«°0'*^^ooi-c'*cooo «i ^ i-j^o^co^OT ^ ca CO w«oc5 Ut «£| » 00 CO fl R 'Til ua -^ CO CO O CO It- to O) CO CO lo i>- to -^ cToef CO icTiocN* t- ■* Ol ^ ir- CO CO eO CO (M rH r-i O O rH WS ooooooocoooooooooo CO jgoococo Sooooeoooooooioooooooo g u i-H rH r-< f-H CO 3"^.Ol>-00 1— COt^OOCOCOO W5HOrH(M ©©0)03 ©©©©^©OTti©©©©©©©© 0» 2©©COt- "'o©l>.0©©OOrH©0 rH a iH rH g rH t-i t- *»eoi>>cot- 3io©cooscoeoio©oo(M©t*b«ooQO© -OC0C0C0Ol0t^j-l©CD*-.©O WJ^^^^VOCOCO *^Oa»0©»OOS0303U:9COi>"*CO©Gq'*0 f-TiH OO -^CO CT^ rn" CO* rH'^c4'o(rcrt-r-^''^W5'G4' of oT CO* cd'r-T 03 H CO eo^-cq K CO ©i^ lO oq o i^ -* rn uj us os rH (M »0 ©OS.©©00©00©,t-»0© l£5rH©©£-.©CDrH©W»0©Ob-©CO-T*(0©tHlOOS© Oi^r-t 00 CO^CO^©^©^»0 © ^CO 00 (M r-" CO © OT © (N CO^"^ CO «3 CO fa eOr^O^ r^r^i:^(X3t^ CO t^<^ CO CO 'u^t^<^&S'c^ r-^t^oT "^ t^ Oi © CO rH rH (N QO CO »H r-i 0^ CO ^i^ CO* ©" r-^ CO !>. CO ^ CO cq OS-^rHflOCOas©CO»r5COCOCOQO'^OOlOCOeO'*t--W3COCO WSrH©^-^COrHi^-CO»OCOCOOOOqr^•^CO©©r^©rHOCO t-i^-ir-.t-t-cocoi>cocot-t^©i^-©cot-i^ooi>.oDoooo OO J>- © oa CO ^ OO CO CO cq ©> CO t» 00 CO CO OO ^ 5 g o o .53 fc 5 o 3 i-i_i) &S -s ^ •3S ^ in i ^ 3 i-^S _. . 20,009 Australasia. Madagascar, part of Marquesas . . 524 NozibS . Society Islands . 1,077 Mayotte . . . New Caledonia . 8,291 Algeria . 100,000 Isles des Pins . 411 Isle de Bourbon . . 864 Groupe de la Fidelity . . 512 HOLI .AND. Asia. Asia, continued. Java : — Borneo : — Batavia ) Cheribou ) 50,000 Pontianak ) Tatas 5 • 200,000 Medura . . 2,700 Celebes : — Sumatra : — Mangkassar ) Menado ) 70,000 Bencoolen Padang Moluccas : — Bangis Booro > Banda ) 60,000 Palembang ). . 160,000 Lampong Amboyna . 320 Bhio Ternate . 32 Bangka ^ Timor .... 13,500 Billiton Isla nd . 2,260 Bali .... 3,000 APPENDIX. 389 Asia, continued. Lambok Sumbawa Jiindana Semao . Afbioa. Guinea Coast Forts Area. Square Miles. 2,500 8,800 . 500 3,500 10,500 America. Guiana Cura9oa Buen Ayre St. Eustatius Saba St. Martin, part of Oruba . Surinam Area. Square Miles. 30,000 . 600 . 22 . 20 . 40 . 16 28,200 AUSTEALASIA. Papua, settlements in SPAIN. EXJEOPE. Afbioa, continued. Balearic Isles 1,755 Canary Isles : — ■ Eueiteventura - Asia. Lanzarote . Philippine Islands:^ Teneriffe . Manilla . 30,787 Gomera ^ . 3,217 Mindanao 1,296 Pabna Isles Babuyanes and Bas- Hierro checs 1,260 Gran Canaria Isles Biscayas 18,749 Anaboa Isles I Fernando Po / . 488 Marian Islands . 1,210 AfEICA. Barbary Coast Settlements : — Ameeica. Ceuta :}» Cuba . 48,489 Gomera . Porto Rico . 4,007 MeliUa . Vierges Espagnoles . 143 Asia. Goa, &c. Damao . Diu Timor"! Delly I Solor J Macao . PORTUGAL. Africa. 1,428 . 83 . 11 34,661 . 11 Cape de Verde Islands Guinea Coast Forts : — Bisao, &c. . Principe Isle ) Isle of St. Thomas ) ' Congo : — ■ Angola ) Benguela 5 . 241 35,829 . 453 202,823 390 APPENDIX. AraiOA, continwd. Mozambique Madeira . ) Porto Santo . ) Area. Square Miles, . 283,500 . 334 Africa, continued. The Azores : — 8. Michael S. Maria . Terceira . Plores, &c. Area. Square Miles. 1,146 DENMAEK. EUBOPE. America, continued. Iceland . 37,800 Greenland : — Faro . . 496 Julianeshaab . Predericshaab . Lichtenfels America. New Hernhut . St. Croix . 74 Holsteinsborg . St. Thomas . . 23 Omenak . St. Jean . 21 Godhavn, &c. . 3,949 SWEDEN. America. St. Baitholomew . 63 APPENDIX E. LAWS RELATING TO CHRISTIANITY IN THE DEPENDENCIES. The Ecclesiastical element which has been interwoven with the British Constitution by a series of ParUamentary enactments, forms no part of that system of law and govern- ment which necessarily prevails in the Dependencies, whether acquired by settlement, cession, or conquest. Attempts have indeed been made at various times, as will appear from the subjoined Schedule of Orders in Council and Acts of ParUament, to establish in certain Colonies the same religious machinery which exists in the parent State. Thirty Episcopal Dioceses have also been created by Letters Patent under the Eoyal Sign Manual, but the spiritual jurisdiction conferred by them is limited to those who may voluntarily place themselves within its pale.* Neither the Canon Law, nor the authority of Courts Ecclesiastical (unless constituted by Local Legislatures), have any force in the Dependencies.f Neither do the Acts of Uniformity, nor those which provide for the maintenance and discipline of the Clergy, extend to the Colonies, unless * Vide Parliamentary Papers, 175, 1850. f Vide Ancient Charters of South Carolina and New York, cited in " Anderson's History of the Colonial Church," vol. ii. p. 548. Also "An Enquiry into the Ecclesiastical Law of the Colonies, by the Eev. H. Venn," 1856. 392 APPENDIX. imported into them by express legislation ; and this power cannot now be exercised by the Imperial Government, except in those few remaining Colonies to which constitu- tions have not yet been granted. In all the Colonies which possess representative government, the Local Legislatures have a fall and exclusive power to adapt, if they think fit, the Ecclesiastical Law of Great Britain to their respective exigencies. The West-Indian Colonies have largely exer- cised this power, and in their statute-books will be found a long series of enactments of that nature, commencing with tlie year J 825, and extending to the present time.* The Legislatures of the AustraUan Colonies have also passed laws for the endowment of ministers of reUgion, connected not only with the Episcopal body, but also with other denominations of Christians. Examples of such legislation will be found in the statute books of New South Wales,t Victoria,! ^^^^ Tasmania. An Address has been recently presented to Her Majesty from the Legislature of Canada "for the repeal of such English Statutes as impede the meeting of the clergy and laity of the Church of England in Synod; and that the choice of bishops may be left to the clergy and laity of each diocese;" in other words, praying for the absolute sur- * Vide Letter from Sir James Stephen to the Earl of Harrowby. t Vide 8 Will. IV., No. 8 (New South Wales) : An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland,, in New South Wales. Also No. J : An Act to regulate the temporal affairs of Pres- byterian Churches and Chapels in the same Colony (amended by 4 Vict., No. 18). Also 2 Vict, No. 7 : An Act to regulate the temporal affairs of the religious societies denominated Wesleyan Methodists, Independents, and Baptists. I Vide 18 Vict.: An Act to enable the Bishops, Clergy, and Laity of the United Church of England and Ireland in Vic- toria to provide for the regulation of the affairs of the said Church. By s. 18 of this Act, the Eoyal prerogative in respect of the nomination of Bishops, &c., is expressly reserved. APPENDIX. 393 render of the Eoyal prerogative in matters ecclesiastical, within the Colony. No action has, as yet, heen taken by the Home Government upon the subject.* OKDERS IN COUNCIL, RELATING TO CHRIS- TIANITY IN THE DEPENDENCIES. Year. Orders in Council. 1634 1661 1677 1679 1736 1823 1829 1839 For placing English congregations in all British factories, and places of trade in Eiu'ope, and else- where, in any foreign' parts under the ecclesiastical jurisdiction of the Bishop of London. (July 3.) Approving Report of Committee, relating to the spiritual supervision of Jamaica. (June 8.) Directing Bishop of London to appoint six able ministers of the Gospel to be sent to the Leeward Islands. (April 35.) Ordaining that all clergymen sent as chaplains to His Majesty's Plantations, shall retain their fellowships during absence. (August 9.) For passing a Commission, empowering the Bishop of London to exercise spiritual jurisdic- tion in the Plantations* and appointing a Court of Appeal from any sentences that shall be given under such Commission. (May 18.) For suppressing or reducing the number of Roman Catholic Festivals in Trinidad, and in- structing the Vicar Apostolic of the West-Indian Islands accordingly. (March 18.) Approving certain instructions to the Governor of Jamaica, altering the mode of disposing of church patronage in that Island. (February 30.) For saving to the clergy and ministers of the Christian religion in certain Colo- nies, the heretofore existing right to fees on celebra- tion of marriage. * Vide Parliamentary Papers relating to Ecclesiastical mat- ters in the Colonies, 1856. 394 APPENDIX. ACTS OF THE IMPEEIAL PAELIAMENT, RELATING TO CHEISTIANITY IN THE DEPENDENCIES. Tear. 1Y91 1813 1819 1825 1837 1840 1853 Acts of Failiament, &c. 31 Geo. m. cap. 31, (§ 39, 40.)— Empowering the Governor of Canada to form parsonages, and to present to benefices. 53 Geo. III. cap. 155, (§ 51, 53, and 53.)— Defining spiritual jurisdiction of Bishops in British India. 59 Geo. III. cap. 60. — Permitting the Archbishops of Canterbury and York, and the Bishop of London, for the time being, to admit persons into holy orders specially for the Colonies. 6 Geo. IV. cap. 88. — Providing for the salaries of certain Bishops and ecclesiastical dignitai-ies in Jamaica, Barbadoes, and the Leeward Islands. (Amended by 7 Geo. IV. cap. 4.) 7 & 8 Geo. IV. cap. 63. — ^An Act to authorise the sale of a part of the clergy reserves in Canada. 3 & 4 Vict. cap. 78. — An Act to provide for the sale of the clergy reserves in Canada, and the distri- bution of the proceeds thereof. 16 Vict. cap. 21. — Authorising the Legislature of Canada to make provision concerning the clergy reserves in that province. INDEX. Aborioines, Parliamentary Paper relating to, 305. Accra, 169. Acts and Qrdinances, distinction be- tween, 33. Alderney, 93. Anguilla, 248. Annamaboo, 169. Antigua, 243. Appellate jurisdiction over Depen- dencies, 47. Ascension Island, 180. Assemblies, Colonial, powers of, 30, 374. Assiento Contract, 167. Auckland Islands, 337. Australia, South, provisions for sale of land in, 315 ; Government of, ib. ; Governors of, 319 ; Orders in Council, ib. ; Acts of Parliament, 320 ; Parliamentary Papers, 321. Western, 321 ; Governors of, 323 ; Orders in Council, ib. ; Acts of Parliament, 324; Parlia- mentary Papers, ib. Bahamas, 230 ; Constitution of, ib. ; Governors of, 231 ; Orders in Coun- cil, ib. ; Parliamentary Papers, 232. Barbados, 254 ; Governors of, 256. Barbuda, 249. Bay Islands, 228. Bermudas, 221 ; convicts sent there, 222 ; House of Assembly, ib. ; Go- vernors, ib. ; Orders in Council, 223; Parliamentary Papers, 225. Bishop of London, Order in Coun- cil, giving spiritual jurisdiction to, 50. Board of Trade first established, 11. British Colonisation, History of, xxx, Burke, Edmund, opinions of on Co- lonial Government, xlvii. Burmese war, papers relating to, 133. Caico's Islands, 236. Canada, 27, 183 ; Political History of, 184 ; Municipal Institutions, 185 ; Elective Franchise, 186; Council, 187 ; Governors of, 188; Orders in Council, ib. ; Acts of Parliament, 191 ; Parliamentary Papers, 194. Canterbury Association, Orders in Council relating to, 338 ; Acts of Parliament, 340 ; Parliamentary Papers, 342. Cape Coast Castle, 169. Cape of Good Hope, Executive Coun- cil of, 149; Legislative Council, 151 ; Representative Government, ib. ; Governors of, 152 ; Orders in Council, 153; Parliamentary Re- ports, 157. Carthage, Colonies of, xvii. Ceylon, Political Summary, 140 ; Charter granted to, ib. ; Council of Government appointed in, 141 ; Present Constitution of, ib. ; Le- gislative Council of, 142; Gover- nors, ib. ; Orders in Council, ib. ; Parliamentary Papers, 144. Chambers of Colonial Parliaments, expediency of two or one, Iv. Channel Islands, History and Go- vernment of, 89 ; Orders in Coun- cil, 94 ; Acts of Parliament, 103 ; Parliamentary Reports, 104. Chatham Islands, 337. Christianity, Laws relating to, 391. Clergy in the Colonies, Orders in Council relating to, 60, 154, 239, 396 INDEX. 250, 267, 269, 282, 283 ; Acts of Parliament, 54, 65, 289, 290; Par- liamentary Papers, 65, 196, 307, 314. Clergy Reserres, Acts of Parliament relating to, 192, 193 ; Parliamen- tary Papers, 197, 198, 199. Colonial Acts and Ordinances, defini- tion of, 33. Bishops, Act relating to, 56. Church, Petitions to Her Majesty on legislation relating to, 65. ■ Office, Dependencies under Government of, 16. Colonies, Secretaryship of State for, first appointed, 10 ; abolished, ib. ; revived and united to War De- partment, 13 ; separated, ih. Crown, Prerogatives of, in respect of Dependencies. ( Viae " Dependen- cies.") Crown Lands. ( Vide " Lands, Colo- nial.") Cumino, vide Malta. Dependencies, definition of, vi. ; Laws by which governed, 18 ; Prerogatives of Crown in respect of, 21, 36 ; Orders in Council re- lating to, 60; Acts of Imperial Parliament relating to, 63. Denmark, Colonies of, 390. Dix's Cove, 169. Dominica, 244. East India Company, 16 ; History of, 107 ; Orders in Council relating to, 121, 122, 123, 124; Acts of Parliament, 124, 125, 126, 127. Education in St. Lucia, Ordinance relating to, 276 ; Religions in the Colonies generally, Parliamentary Paper relating to, 60 ; in British India, 137, 139 ; in the Bermudas, 225 ; in Australia, 304. Elective Chamber, Ivii., Iviii., 30, 376. Emigration, Board of, 38 ; of Free Labourers from Africa to West Indies, Parliamentary Paper on, 60 ; Parliamentary Returns, de- spatches and statistics, 64, 65, 198, 199, 217, 304, 305, 306, 314, 321, 324, 330. lii. ; responsibility of, liv. ; original powers of, 26 ; present Constitu- tion of, 377. Expenditure, Colonial, Parliamen- tary Paper relating to, 69, 60, 63, 64, 66 ; statistical table for 1854, 364. Falkland Islands, 286; Orders in Council, 287 ; Parliamentary Papers, 288. Foreign Relations of Dependencies,, 49. Fox, Charles, opinions on Colonial Government, 1. France, Colonies of, xxviii., 388. Gambia River Settlements, 167 ; Go- vernment of, 168; Governors, I'J. ; Orders in Council, ib. Gibraltar, History of, 76 ; Charters granted to, 77 ; Convicts sent there, ih. ; Governors of,i}. ; Orders in Council, 78 ; Parliamentary Reports, 80. Gold Coast Settlements, 169 ; Orders in Council, 171 ; Parliamentary Papers, 172. Governors, authority of, 24 ; instruc- tions to, 369. Gozo, vide Malta. Guernsey, Government of, 92. Guiana, 278 ; Constitution of, 279 ; Governors of, 280 ; Orders in Council relating to, 281 ; Parlia- mentary Papers, 286. Grenada, 259. Grenadines, The, 258. Greece, Colonies of, xvii. Helena, St., 180 ; Orders in Council relating to, 181 ; Acts of Parlia- ment, 182 ; Parliamentary Papers, ih. Heligoland, 81 ; Orders in Council, ih. Hindostan. {See " India.") Holland, Colonies of, xxvii., 388. Honduras, 226 ; Government of, ih. ; Act amending ditto, 227 ; Orders in Council relating to, 229 ; Parlia- mentary Papers, ib. Hong Kong, 145 ; Government of, 146 ; Orders in Council relating to, ib. ; Pailiamentai'y Papers, INDEX. 397 Hudson's Bay Territory, 217 ; Char- ter granted to Company of, 218 Treaty defining limits of, 219 Orders in Council relating to, 220 Acts of Barliament, ib. ; Parlia- mentary Papers, 221. Imports and Exports, Statistical Table of, 1854, p. 364. India, 105 ; Qoyemor-Qeneral and Council first appointed, 110 ; Board of Control, 111 ; Present Constitu- tion of, 116 ; Supreme Council of, 118 ; Governors, list of, 119 ; Pre- sident of Board of Control, ib. ; Orders in Council, 120 ; Acts of Parliament, 124 ; Parliamentary Papers, 131 ; Local Government of, 383 ; Tiand, tenures of, 384 ; re- lations of Imperial Government with Native States, 385. Ionian Islands, History of, 67 ; Char- ter granted to, 68 ; Legislative As- sembly of, ib. ; Lords High Com- missioners of, 69 ; Orders in Coun- cil, 70 ; Parliamentary Reports, ib. Ireland, Reports of Lords' Commit- tee on Colonisation from, 61. Italian Republics, Colonies of, xxiii. Jamaica, present Political Condi- tion of, lix. ; Civil Government of, 234 ; Governors, list of, 237 ; Or- ders in Council, 238 ; Parliamen- tary Papers, 239. Jersey, Government of, 91 ; Trial by Jury in, 95 ; Order in Council re- lating to Prison Discipline in, 98. Jewish Disabilities, Acts in Canada and Jamaica concerning, 64. Kaeeeabia, 160, 376. Labuan, 148 ; Parliamentary Papers, ib. Lands, Colonial, Imperial preroga- tive in respect of, 38 ; Orders in Council relating to, 61, 206, 300, 301, 313, 320, 329 ; Acts of Par- liament, 303, 304, 324, 330 ; Par- liamentary Papers, 59, 66, 195, 196, 221, 227, 304, 306. Land tenures in India, 384. Leeward Islands, 242 ; Orders in Council, 260 ; Parliamentary Pa- pers, 263. Legislative Council, Elective, opi- nions of Mr. Fox on,l. ; Nominated, Constitution of, 29, 372. Lucia, St., History and Government of, 272 ; Orders in Council relat- ing to, 273 ; Parliamentary Papers, 276. Malacca, 106. Malta, History of, 72; Council of, 73 ; Governors of, ib. ; Orders in Council relating to, ib. ; ditto appointing Malta the place for punishment of offences committed by British subjects within the Ottoman Empire, 74 ; Parliamen- tary Reports, 75. Mauritius, History of, 173 ; Govern- ment of, 174; Governors, list of, a. ; Orders in Council, 175 ; Acts of Parliament, 178 ; Parliamentary Reports, 179. Merivale, H., Esq., Lectures on Colo- nisation, extract from, Ixvii. Mint, Sydney Branch, 302. Montserrat, 246. Navigation Law, Act relating to, 56 ; Report of Committee (Parlia- mentary Paper), 62. Natal, 161 ; Orders in Council re- lating to, 162 ; Parliamentary Pa- pers, ib. Nevis, 247. Newfoundland, 207 ; Government of, 208 ; Governors, list of, 210 ; Orders in Council, 211 ; Acts of Parliament, 213 ; Parliamentary Papers, ib. New Brunswick, 204 ; Government of, 205 ; Governors, list of, ib. ; Orders in Council, 206 ; Parlia- mentary Papers, 207. New South Wales, 291; Political History of, 293 ; Constitution of, 296; Governors of, 299; Orders in Council, 300 ; Acts of Parlia- ment, 302 ; Parliamentary Papers, 304. New Zealand,- History of, 331 ; Go- vernment of, 333 ; Governors of, 337 ; Orders in Council, 338 ; Acts of Parliament, 339 ; Parliamen- tary Papers, 340. New Zealand Company, Charter granted to, 334 ; Acts of Parlia- 398 INDEX. ment relating to, 339 ; Parliamen- tary Paper, 341. Norfolk Island, 328 ; Orders in Coun- cil, 329 ; Act of Parliament, ih. ; Parliamentary Papers, 330. Nova Scotia, History and Govern- ment of, 200 ; Governors, list of, 201; Orders in Council, 202; Par- liamentary Papers, 204. Orders in Council, operation of on Colonial Acts, 33. Passengers Act, 55. Peace of Utreckt, Colonies acquired by, xxxiii. Paris, 1763, ditto, ib. 1814, ditto, XXXV. ■ Amiens, ditto, ib. Peel, Sir Robert, on Canadian Go- vernment, xlix. Phoenician Colonies, xvi. Piracy, Orders in Council relating to, 52, 142, 153. Pitcaim Island, 280. Plantations, Council of, established, 4 ; united to Council of Trade, 6 ; abolished, 10. Committee, Order in Council relating to, 61. Population,Statistical Table of (1854), 364. Portugal, Colonies of, xxv., 389. Postage Duties, Act to regulate, 55 ; Parliamentary Returns relating to, 66. Prince Edward's Island, History and Government of, 214 ; Governors, list of, 216 ; Orders in Council, ib. ; Parliamentary Papers, 217. Prince of Wales's Island, 106. Privy Council, first order of, relating to the Colonies, 3 ; CSSimittee o^ revived, ll. Railways, Parliamentary Papers re- lating to, 135, 139, 140, 207. Regulations for Her Majesty's Colo- nial Service, 366. Representation of Colonies in Impe- rial Parliament (Adam Smith), Ixv. Responsible Government, definition of, liii. ; Despatches relating to, 27 ; mode of establishing, 377. Revenue and Expenditure of the Colonies, Statistical Table (1854), 364. Rome, Colonies, xix. Roman Catholic Church in the Co- lonies, Reports of, e4» Samara, Papers relating to, 138. Scinde, Papers relating to, 137, 139. Secretaries of State for Colonies, List of, 14. Sereq, 93. Seychelle Islands, 174. Sierra Leone, History of, 163 ; Go- vernment and Legislative Council of, ib.; Governors, list of, 164; Orders in Council, ib. ; Acts of Parliament, 165 ; Parliamentary Papers, 166. Singapore, 106. Slavery, Orders in Council relating to, 52, 53, 130, 154, 175, 176, 181, 229, 238, 239, 251, 267, 268, 273 ; Acts of Parliament relating to, ft4, 165 ; Parliamentary Papers, 144, 167, 271. Slave Trade, Act for the abolition of, 54 ; Assiento Contract, 167. Acts relating to, in Ja- maica, 233. Spain, Colonies of, xxvi., 389. Steam Communications, Orders in Council, 270 ; Parliamentary Pa- pers, 63, 64, 65, 134, 136, 278, 306, 307. Steam Communication to East-In- dian and Australian Colonies, Re- port concerning, 63 ; First Report of Select Committee on, 64; Co- pies of statements relating to, 65. Sugar-growing Colonies, Report of Correspondence on distress of, 62. Suttee, Practice of. Order in Coun- cil relating to, 123. Tasmania, History and Constitution of, 325 ; Governors, list of, 327 ; Orders in Council relating to, 329 ; Acts of Parliament, ib. ; Parlia- mentary Papers, 330. Tobago, ?58. Trade, Committee appointed for, 51 ; Orders in Council relating to, 51, 62 ; Acts of Parliament, 55. Transportation, Orders in Cbuncil relating to, 52, 79, 120, 155, 156, 224, 281, 300, 301, 302, 323, 329 ; INDEX. 399 Acts of Parliament relating to, 303, 359 ; Parliamentary Papers relating to, 62, 63, 64, 65, 66, 168, 223, 304, 330, 361 ; as practised by ancient and modern nations, 343 ; first English Public Docu- ments concerning, 344; Select Committee appointed to inquire into, 34; discontinued in New South Wales, 353 ; unsuccessfully attempted in South Africa, 356. Trinidad, Government and History of, 264 ; Governors of, 266; Orders in Council, ii.; Parliamentary Papers, 271. Turk's Island, annexed to Govern- ment of Jamaica, 236. United States, expenditure of, be^ fore the Revolution, li, Vancouver's Island, 219. Victoria, present political condition of, Ixiii. ; History of, 308 ; Consti- tution of, 309 ; Orders in Council, 313 ; Parliamentary Papers, 314. Vincent, St., present political posi- tion of, Ix.; Assembly and Go- vernment of, 257. Virgin Islands, 248. Windward Islands, 254 ; Orders in Council, 260; Parliamentary Pa- pers, 264. Woodfall and K inder, Printers, Angel Court, Skinner Street, London. Al.TlEMARLE STREET, October, 1856. MR. MURRAY'S ITist 0f Jf0rt|ammg Wi^xk. THE LIFE AND OPINIONS OF THE LATE GENERAL SIR CHARLES NAPIER, CHIEFLY DERIVED FROM HIS FAMILIAR CORRESPONDENCE WITH HIS FAMILY AND FRIENDS, AND FROM HIS MSS. JOURNALS. BY HIS BROTHER SIR WILLIAM NAPIER, K.C.B., Author of ** Histojy of the "War in the Peninsula." This "Work will include Personal Notices, by Sir Charles Napier, of The Rebellion in Ireland of 1798. The Battle of Cordnna, with his Strange Personal Adventures and Captivitf, The Duke of Wellington's Campaigns in Spain, lSlO-11. Operations on the American Coast in ISU. His Government and Great Public Works IN Cephalonia. His Command of the Northern Districts of England during the Chartist Agitation. Command at Bombat. The Campaign in Scinde, with the Battles OF Meeanee, &e. Hrs Government of Scinde. 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A NEW EDITION, ADAPTED TO THE PRESENT STATE OF THE LAW. BY ROBERT MALCOLM KERR, Barrister-at-Law. V r.o,. „f " The Abseoi'ding Debtors' Arrest Act, 1851 " and "The Common Law Procedure Acts Editor of The ACsW'^a'^ t^^^ ^^^^ ^ „ ^^^^^^^^_ ^^ ^^^ -'Action at Law," &c. &c. » • This Wort is to be published in Foar Volumes, Svo, price Two Guiiieas. 6 MR. MURRAY'S LIST OF FORTHCOMING WORKS. ST. PAUL'S EPISTLES TO THE COKINTHL/yS'S. WITH CRITICAL NOTES AND DISSERTATIONS. &c. BY REV. ARTHUR P. STANLEY, M.A. Canou of Canterbuiy. A New and Revised Edition. 8vo. ST. PAUL'S EPISTLES TO THE THESSALONIANS, GALATIANS, AND EOMANS. WITH CRITICAL NOTES AND DISSERTATIONS. • BY REV. B. JOWETT, M.A. Fellow and Tutor of Baliol College, Oxford. A New aud Revised Edition. 8vo. ♦ A NEW BIOGEAPHIA BRITANNICA. BY VARIOUS HANDS. 8vo. ^n-aiiTiouDcing this important undertaking' the editor and publieher invite the co-operaticm. of j&il men of letters, who have given attention to special biographical subjects, or who powess if opcimients illustrating the lives of particular persons. All communications to be addressed to the " Editor of the Biographia Britannica," care of Mr. Mubbay, Albemarle Street. AN ATLAS OF ANCIENT GEOGEAPHY. FOEMIKG A COMPANION WOEK TO IHE "DICTIONAET OP ANCIENT QEOGEAPHT.' BY WM. SMITH, LL.D. 4ia. PURSUIT OF KNOWLEDGE UNDER DIFFICULTIES. BY G. L. CRAIK, Professor of History aud of English Literature in tlie Queen's rniversity, Ireland. A Now Edition. With additional Examples. 2 Vols. Post Svo. MR. MURRAY'S LIST OF FORTHCOMING "WORKS. BYRON'S POETICAL WORKS. BEING AN ENTIRELY NEW EDITION, COMPLETE IN ONE VOLUME. THE SMAllEST AND MOST COMPACT TET PUBLISHED. Post 8vo. [Uniform in size and bulk with " Mdeeay's Handbooks."] Tliis edition lia3 been printed in a form to enable Trayellers conveniently "to cany it with them nloDg with other Handbooks, without risk of its being forfeited at the British Custom-houses, " The reading wliioh Sir Humplirey Davy preferred while trayeUing abroad, was Lord Byron's "Works, of which he purchased a convenient copy in one volume." — Life of Sir H. Dmiy. • medij:val and modern pottery and porcelain ; WITH DESCRIPTION OP THE MANUFACTURE, A GLOSSARY, AND A LIST OP MONOGRAMS. BY JOSEPH MARRYATT, ESQ., & MRS. PALLISSER. Second Edition, Revised. With a New Chapter on Italian Majolica, and many additional Woodcuts, Coloured Plates, &o. 8vo. HISTORY OE ANCIENT POTTERY. THE EGYPTIAN, ASIATIC, GREEK, ROMAN, ETRUSCAN, AND CELTia BY SAMUEL BIRCH, F.S.A. With very many Woodcuts. 2 vols. 8vo. AN ENGLISH-LATIN DICTIONARY. BY WILLIAM SMITH, LL.D., AND JOHN ROBSON, B.A. 8vo, and 12mo. Uniform with Dr. Wm. 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Presentation of the Gold Medals —, Council Eeport — List of Fellows — Accessions to Library and Map-Rooms— Pitblic Institutions to which the Jouknal is Presented. Kane, Dr. E. — Expedition up Smith. Sound in Search, for Franklin. With Map. Anderson (Chief Factor) J.— Descent of Back's Great Fisli River in Search of Remains of the franklin Expedition. FiNDLAY, A. G.— Probable Couwe taken by Sir J. Franklin. With Map. iRMiNGER, Capt. E. — Arctic Currents around Greenland. With Map. Porter, Rev. J. L. — Damascus, Hauran, and the Mountains of Lebanon, With Map. Poole, H. — Route inPalestine. WiihMap. Parkes (ConsuiO H. — Geographical Notes ou Siam. With Map. Livingston, Dr. D. — Explorations into the Interior of Africa. With Note by Mr. Maclear. MoKFAT, Bev. R.— "Visit to Moselekatse, South Africa. With Map. 10. Macquben, J. — Central Africa. With Map. 11. Loftus, W. K. — Journey from Baghdad to Busrah. With Map. 12. Parish, Capt. A. — On Cyclones and their Tracks. 13. Hopkins, Th. — Arid Countries, and the Causes of their Dryness. 14. Kellev, F. M. — Ship-Canal in the Valley of the Atrato. 15. Stokes, Capt. L. — Steam Communication with Australia. 16. Becher, Capt. A. E.— The Landfall of Columbus, With Map. 17. Spratt, Capt. — Route between KusteujtS and the Danube. With Jtfap. IS. LedesSia, Don V. — Geography of Peru. 19. Fuente, Don M. — Province of Tarapaca. 20. QviN, Capt. M. — Bouin Islands. 21. Austin (Surveyor) R. — Exploration of the Interior of Australia. With Map. Vol. XXVI. Svo. Albemable Street, October, 1856. MR. MURRAY'S LIST OF WOEKS NOW READY. BIBLICAL RESEARCHES IN PALESTINE AND THE ADJACENT REGIONS. BEING A JOURNAL OF TRAVELS IN THE TEAR 1838 AND OF LATER RESEARCHES IN 1852. BY KEY. EDWARD ROBINSON, D.D. With New Maps and Flau. 3 vols. Svo. 36s. " With this volume closes, of course, the record of my personal observations in the Holy Land. The principles according to which it has been prepared, are the same with those which lie at the basis of my former work. If it shall be deemed a worthy sup- plement to that work, I shall be satisfied. To these my Biblical Resbakohes in the Holy Land, the fruit of thirty years of preparation, and of personal travels in 1838 and 1852, I can hope to add nothing more. The work is now published as a whole, and in a permanent form. It will be seen by the Map that the routes of the different years rarely coincide." — Author's Preface. \* Dr. Robinson's " Later Biblical Reseaeohes, in 1S52," may ie obtained sepa/ratehj, with the New Maps and Platis. 8vo. 16s. SINAI AND PALESTINE. IN CONNECTION WITH THEIR HISTORY. BY REV. ARTHUR P. STANLEY, M.A. Canon of Canterbury. Second Edition. With Maps and Flans. 8vo. 16s. " Mr. Stanley left England for the Holy Land in the fall of 1852, and Canterbury could not have sent out from her stately precincts a Canon more suitably equipped for the pilgrimage. In the work now before us, we recognise an almost perfect mastery of the various contents of the Old Testament no less than of the New ; a careful study of the numerous train of ancient and modei:n authorities ; a familiar if not a profound acquaintance with the science of Physical Geography, combined with considerable powers of description ; and above all, with a faculty of historic criticism, after the school of Arnold which is of inestimable value." — Christian Observer. 10 ME. MURRAY'S LIST OF WORKS NOW READY. THE STATE OF FRANCE BEFORE THE REVOLUTION, 1789, AND ON THE CAUSES OF THAT EVENT. BY M. DE TOCaUEVILLE, Author of * * Democracy in America," &c. TRANSLATED BY HENRY REEVE, ESa. 8vo. He. " The appearance of tliia well-thouglit and well-reasoned work at this moment is most timely. |M. de Tocqueville has spoken in a grave and earnest manner : moumfaUy, truth- fully, and with the eloquence and ardour of the deepest conviction. His wise words will not sleep in the ears of his countrymen, and may in the fulness of time produce effects more lasting than many now suppose." — Fraser's Magasme. A HISTORY OF ROME, FROM THE EAELIEST TIMES TO THE ESTABLISHMENT OP THE EMPIRE, WITH THE HISTORY OF LITERATURE AND ART. BY H. G. LIDDELL, D.D., Dean of Christ Church., and Editor of the " Greek Lexicon." Library Edition. 2 Vols. 8to. 28s. FIVE YEARS IN DAMASCUS. INCLUDING AN ACCOUNT OP THE HISTORY, TOPOGRAPHY, AND ANTIQUITIES OP THAT CITY. WITH TRAVELS AND EESEAECHBS IN PALMTEAj LEBANON, &C. BY REV. J. L. PORTER. With Map and Woodcuts. 2 Vols. Post Svo. 21«. " Mr. Porter's long residence in this interesting city has enabled him to hring to light many things of high interest hitherto unknown in Europe ; whUe his acquMntance with Oriental languages, and his diligence in collecting manuscripts, have enabled bim in almost all instances to elucidate the history of the monuments of art he has discovered. He has here given the world the results of his researches in a convenient and popular form, in a work wMch does him much credit. Besides the history, antiquities, and topography of Damascus itself, we have an account of Abana and Pharpar, the livers of Damascus, Mount Hermon, and the sources of the Jordan, the plains of Bashan and the cedars of Lebanon. All this is intermixed with amusing anecdotes and stirring incidents of modem travel in these parts, and many illustrations of the manners and customs of the modem Arabs and Syiians." — Literary Churchman. THE PRINCIPLES OF SURGERY, BY JAMES STME, F.R.S.E., Professor of Clinical Sm-gery in the University of Edinburgh. Fourth Edition. Hevised. 8to. I^b. MR. MURRAY'S LIST OF WORKS NOW READY. H AN EXPLORING VOYAGE UP THE RIVERS KWO'RA AND TSADDA. BY WILLIAM BALFOUR BAIKIE, M.D,, R.N. WitK Map and 'Woodcuta. Svo. 16«. " Dr. Baikie has added oonsideratly to our store of knowledge regarding Central Africa. Dr. £aikie's predecessors had discovered that the Kwora was joined by another largo stream flowing into it from the left. This stream he has explored for seyeral hundreds of miles, and thus opened up a road into thejery heart of A&ioa. His scientific know- ledge enabled him to make very valuable meteorological observations, and also to note curious and novel facts relating to the animal kingdom which would have escaped a less well-trained eye. With regard to the natives, he witnesses to their eagerness to be on good terms with Europeans, and to trade with them. When questioned as to their willingness to receive teachers, he says they invariably eviaced the greatest satisfaction. What is, however, of perhaps the most importance, is the proof which Dr. Baikie has given that Europeans may face the climate with impunity." — Economist. NAPOLEON BONAPARTE'S CONFIDENTIAL CORRESPONDENCE WITH HIS BEOTHER JOSEPH, SOMETIME KING OF SPAIN. SELECTED AND TRANSLATED FROM THE FRENCH. 2 Vols. 8vo. 26s. " This is a solid contribution to the history of the last generation. It is almost impos- sible to overrate the importance of such confidential outpourings of men who have them- selves made history. Autobiographies and official documents may be guilty of falsification from many caiises; but iii letters of this kind we almost see into a man's heart." — Guardiwn. THE ILLTJSTEATED HANDBOOK OF ARCHITECTURE. BEING A CONCISE AND POPULAR ACCOUNT OF THE DIFFERENT STYLES OF ARCHITECTURE PREVAILING IN ALL AGES AND COUNTRIES. BY JAMES FERGUSSON, ESQ. With 850 Illustrations on Wood. 2 Vols. Svo. 86s. "A publication of no ordinary importance and interest. It fills up a void in our literature, which, with the hundreds of volumes we possess on that science, had never before been precisely attempted ; and fiUs it up with learning and with ability." — The EccUsiologist. HISTORY OF LATIN CHRISTIANITY, INCLUDING THAT OF THE POPES TO THE PONTIFICATE OF NICHOLAS V. BY HENRY HART MILMAN, D.D., Dean of St. Paul's. With an Index. Complete in 6 vols. Svo. 78s. 12 ME. MURKAT'S LIST OF WORKS NOW READY. CARAVAN JOURNEYS AND WANDERINGS IN PERSIA, AFGHANISTAN, AND BELOOCHISTAN. WITH HISTORICAL NOTICES OF THE COUNTBIES LYING BETWEEN EUSBIA AND INDIA, BY J. P. FERRIER, Formerly Adj .-General in the Service of Persia. With Map and Woodcuts. 8to. 21a. " This volume oornHnes in a Hgh degree the elements wMch contribute to the interest of a work of travels. The matter is all comparatively, some portion entirely, new to Europeans ; the countries which M. Ferrier explored, though little known, are of the greatest importance as connected with our Indian interests ; sufficient historical infor- mation is interspersed with the narrative to make the actual state of affairs clear to those who are not thoroughly conversant with Asiatic politics ; and lastly, the book contains, in its really exciting personal adventures, an attraction that is rarely to be met with iu the present day." — Economist. " The title of this book sufficiently explains to the intelligent reader that it is of great political interest and importance. A glance at the volume will show him further that the persons (of no mean note) who have been concerned in giving it to the world must have considerable expectations from its influence. Written by a French soldier of fortune, it is translated by Captain Jesse, and edited by a member of the British parliament ; and (what is of more consequence) it is enriched by notes supplied by Sir Henry Kawlinsou and Sir John Login ; while we find in the Appendix extracts from the writings of Bumes, M'Neill, Eawlinson, Elphinstone, Login, and Pottinger. To such a list of names we need not add any explanation, that all who are interested in questions of Eastern policy — all who understand the political position of Persia — all who desire enlightenment on the proceedings and designs of Russia, wiU find this volume the most important work in their way that they have met with for many years." — Daily News. THE MILITARY OPERATIONS IN KAFFRARIA, AND ON THE MEASURES FOR THE PUTUEB PROTECTION OF THE PEOPLE OF SOUTH AFRICA. BY THE LATE LIEUT. -GEN. THE HON. SIR GEORGE CATHCART, K.C.B. With Map. 8vD. 12s. A BIRD^S-EYE VIEW OF INDIA. WITH EXTRACTS FROM A JOURNAL KEPT IN THE PROVINCES, NBPAUL. &c. BY SIR ERSKINE PERRY, M.P., Lats Chief Justice of Bombay. Fcap. 8vo. 6k. COLONIAL CONSTITUTIONS. AN OUTLINE OF THE CONSTITUTIONAL HISTORY AND EXISTING GOVERNMENT OF THE BRITISH DEPENDENCIES. BY ARTHUR MILLS, ESQ., Of the luner Temple, Barrister-at-Law. Svo. 14s. MR. MURRATS LIST OP WORKS NOW R2ADY. 13 WANDERINGS IN NORTHERN AFRICA, BENGHAZI, CTRENB, THE OASIS OF SIWAH, &c. BY JAMES HAMILTON. ■With Map and Woodcuts. Post 8yo. 12«. HISTORY OF THE CHURCH IN THE FIRST THREE CENTURIES. BY EEV. J. J. BLUNT, Late Margaret Professor of Divinity at Cambridge. Sto. 9>. ed. THE DUTIES OF THE PARISH PRIEST. A COURSE OF LECTURES DELIVERED AT THE UNIVERSITY OF CAMBRIDGE. BY RET. J. J. BLUNT, B.D. » Post Svo. 7s. Cd. " Tliis book reminds \is that in real nBefulness the writer has perhaps never been excelled in these latter days. The wisdom, that is the calm sense of strength, which these lectures display ; the utter absence of what is called party-spirit, and, therefore, the independent witness both to Catholic truth and ritual exactness; the liberality, charity, and largeness of view which they embody ; their profusion of illustrative learning, and their close acquaintance with the practical matters of the priest's office, render this the most trustworthy handbook with which we are acquainted. We recommend this work as a manual in our Theological Colleges." — Christian Remembrwncer, GLIMPSES OF LIFE AND MANNERS IN PERSIA. BY LADY SHEIL. Witli 'Woodouts. Post Svo. 12s. THE LORD'S DAY. BY W. r. HOOK, D.D., Vicar of Leeds. A New and Cheaper Edition. Post Svo. Is. THE PRIMITIVE DOCTRINE OF BAPTISMAL REGENERATION. BY EEV, J. B. MOZLEY, B.D., Fellow of Magdalen College, Oxford. Svo. 7s. 6ci. Ujjifokm with Mozi.e7 on Pbedestihatios. 14 MR, MURRAY'S LIST OF WORKS NOW READY. HISTORY OF GREECE FEOM THE BABLIEST TIMES, TO THE CLOSE OF THE GENERATION CONTEMPORARY WITH ALEXANDER THE GREAT. BY GEOEGE GBOTE, ESQ. With Portrait, Maps, and Indes. Complete in 12 Vols. Svo. 16». each. A JOURNEY THROUGH ALBANIA AND OTHER PROVINCES OF TURKEY IN EUROPE AND ASIA. BY LORD BROUGHTON. New and Revised Edition. With. Map and many Plates, 2 Vols. . Svo. 30s. TURKEY AND ITS INHABITANTS. THE MOSLEMS, GREEKS, ARMENIANS, &<;.— THE REFORMED INSTITUTIONS, ARMY, &o., DESCRIBED. * BY M. A. UBICINI. Translated by LADY EASTHOPE. 2 Vela. Post Svo. 21s. THE HISTORICAL WORKS OF HENRY HALLAM. A- New and Revised Edition. 10 Volumes. Post Svo. Cs. each. DOMESTIC SCENES IN RUSSIA. DESCRIBED FROM A YEAR'S RESIDENCE CHIEFLY IN THE INTERIOR. BY EEV. E. LISTER VENABLES, M.A. New and Revised Edition. Post Svo. 5s. THE STEREOSCOPE; ITS HISTORY, THEORY, CONSTRUCTION, AND APPLICATION TO THE ARTS, AND TO EDUCATION. BY SIR DAVID BREWSTER, D.C.L. Second Thousand. Woodcuts. 12mo. 6s. 6d. MR. MUREAY'S LIST OF WORKS NOW READY. 15 HANDBOOK OF THE ARTS OF THE MIDDLE AGES AND RENAISSANCE. BY M. JULES LABAETE. With 200 Iltotrations. 8vo. ISs. " M. Labarte's work, thoiigh originally intended only as the introduction to a catalogue, has long been tnoTm and prized by artists and antiquaries throughout Europe. It is seldom that, in books of this character, we find the text to correspond, in clearness and elaboration, with the eugraTings ; but M. Labarte's manual is virtually the mediseral history of ornamental sculpture, painting, metal-wort, and pottery — ^the history, indeed, of refined luxury. M. Labarte's work is of a standard character:^ and is of high interest to the student, and of obvious value to .the designer." — Leader, THE PILGRIMAGE, AND OTHER POEMS. BY LOED ELLESMERE. (First Collected Edition.) With. Illustrations. Crown 4to. 243. THE ENGLISHWOMAN IN AMERICA. Second Thousand. Post 8vo. 10s. 6d. A VOICE FROM WITHIN THE WALLS OF SEBASTOPOL. BY CAPT. HODASEVICH. Late of the Taroutine Regiment of Chasseurs, in the Service of Russia. Second Edition. With Plans. Post Svo. 7s. ed. " The value of the book written by the gallant Captain lies in the revelations which it makes of scenes and iacidents hitherto unknown to us. We find some poor comfort therein, for we discover that if there were blunders and incapacity on our side, there were still more on the part of our eneniy. Full justice is rendered to the army with which the Captain fought ; but when we read the details of arrogant vaunting not followed by realisation, of inconceivable stupidity in nearly every arrangement, of neglect of the wounded, and of honours given to the authors of great disasters, we acknowledge the truth of the maxim that victory falls to the side which boasts the least and makes the fewest mistakes." — Athenceum. THE LAST OF THE KHANS OF THE CRIMEA. KAEHATITE op an embassy mom EKEDERIOK the GBEAT. I'ROM the GERMAN. BY THE HON. W. G. C. ELIOT. Post Svo. 6s. ADDRESSES OF SIR RICHARD AIREY, K.C.B., BEFOKE THE BOARD OF GKNEEAL OFFICERS AT CHELSEA. Second Edition. With Maps. Post Svo. 38. M. THE RUSSIAN ACCOUNT OF THE BATTLE OF INKERMANN. Second Edition. Post Svo. Ss. 16 MR. MURRAY'S LIST OF WORKS NOW READY. A NEW LATIN-ENGLISH DICTIONARY. BASED ON THE WORKS OP FOECELLINI AND FEEUND. BY WILLIAM SMITH, LL.D., Classical Examiuer m the Univeraiby of London, and Editor of the Dictionaries of *' Greek and Roman Antiquities." One Volume. Medium Sro. Six. " Dr. Smith's work is incompaxaUy the hest 'Latin-English Dictionary' in our language, whether we regard its adaptation to the modem requirements of classical studies ; the judgment displayed in its plan ; the philosophical knowledge of language everywhere manifested in it ; the extensive acquaintance with' the researches of the most recent philologists, grammarians, and arch^ologists ; or lastly, the minute accuracy in the coiTection of the press." — Quarterlj/ Remew. SMALLER LATIN-ENGLISH DICTIONARY. BY "WILLIAM SMITH, LL.D, Abridged from the above. Squai'e 12mo. 7s. 6d. THE SIEGE AND DEFENCE OF KARS, UNDER GENERAL SIR F. W. WILLIAMS. BY HUMPHRY SANDWITH, M.D. Chief of the Medical Staff. Seventh Thousand. Abridged Edition. Post Svo. 3s. 6d. HANDBOOK FOR DORSET, WILTS, AND SOMERSET. With Map. Post Svo. 6s. " THs new home 'Murray' is distinguished hy the same clearness of plan and arrangement, apt selection of practical information, varied hy historical or critical remark, and readablenesB without reference to travelling purposes, which characterise the whole series, and have given them their popularity. The point which most peouliaaly impresses itself in this handbook is, how much can be seen in England. Within a few hours' run from London, the reader may transport himself into the richest region of Druidical antiquities in the world, or find himself in the wild wood and the forest, or on the breezy and almost boundless downs, inland or washed by ocean. If his taste leads him to sight- seeing, there are mediaeval or Tudor antiquities in old towns and cities ; while mansions oiFer their galleries to the visitor. Beyond the 'needful' in every undertaking, the English excursionist should have legs." — Spectator. ' ' These books must not be confounded wiih the niimerous local guides that are published, and describe at great length things which are of no interest beyond the towns they are published in. Everything in the Handbooks is regarded from a metropolitan point of view, and to nothing is attached more than its due importance ; while the great sights of nature and works of man are well and systematically described. The arrange- ment is suited especially for pleasure journeys, the routes being arranged with reference to convenience ; but the excellent index that accompanies each volume renders every subject that is treated of easy of reference, wherever the traveller may find him.self." — Vomnm'cial Traveller's Magazine, BRADnuHl A.Ml KVAXa, PKIAT&KS, W HlTbFItlA HB.