facts to be, resided in Mauritius as an inhabitant from 1814 to 1825, doing nothing to repudiate his character of a British subject, we do not think that his subsequent residence for ten years in a French colony for purposes of commerce can affect his right to be considered as a subject of Her Majesty. The Lord Glenelg, &c. &c. &c. J. CAMPBELL. R. M. ROLFE. (9.) JOINT OPINION of the Attorney and Solicitor General, SIR FREDERICK THESIGER and SIR FITZROY KELLY, as to whether an Inhabitant of the Mauritius was entitled to be considered a British Subject. Temple, August 15, 1845. MY LORD,-We have the honour to acknowledge the receipt of Mr. Hope's letter of the 14th of July, in which he was pleased to state that he was directed by your Lordship to transmit to us the copy of a despatch from the Governor of Mauritius relative to the claim of one Louis Bonnier, an inhabitant of that colony, to be considered a British subject; and to request that we would report, for your Lordship's information, our joint opinion whether, under the circumstances stated in that despatch and its enclosures, Louis Bonnier is entitled to the privilege of a British subject, or is to be regarded as an alien. In obedience to your Lordship's command, we have the honour to report that in our opinion Louis Bonnier must be regarded as an alien. By the capitulation, cartels were to be provided to take the French forces to France, and within two years the inhabitants were to be at liberty to depart from the islands, and whoever did so remained a French subject. Louis Bonnier appears to have left the island within the stipulated period in a cartel (which he could only have done as a French subject), and to have proceeded to France, and to have returned only in 1815, after the peace. Unless some satisfactory explanation is given of these circumstances we cannot think that Louis Bonnier ever acquired the status of a British subject. To the Right Hon. the Lord Stanley, &c. &c. &c. FREDERICK THESIGER (10.) JOINT OPINION of the Attorney and Solicitor General, SIR WILLIAM FOLLETT and SIR FREDERICK THESIGER, that the Crown may bestow the dignity of a Knight Bachelor on an Alien. Temple, December 9, 1844. MY LORD, We have the honour to acknowledge the receipt of Mr. G. W. Hope's letter of the 6th instant, requesting that we would consider and report to your Lordship, for Her Majesty's information, whether there was any objection in point of law to the dignity of a Knight Bachelor being conferred by Her Majesty on a person who is not a subject of her Crown. It is also stated that, if no such objection exists, it is Her Majesty's purpose to confer that honour on an alien who has recently rendered important public services in the colony of British Guiana. In humble obedience to your Lordship's commands, we have fully considered this case, and are of opinion that there is no objection in point of law to such dignity being conferred on an alien. To the Right Hon. the Lord Stanley, W. W. FOLLETT. &c. &c. &c. FREDERICK THESIGER. (11.) JOINT OPINION of the Queen's Advocate, SIR JOHN DODSON, and the Attorney and Solicitor General, SIR WILLIAM FOLLETT and SIR FREDERICK THESIGER, on the Naturalization of an Alien Woman by marriage with a British Subject in Gibraltar. Doctors' Commons, April 15, 1845. MY LORD,-We are honoured with your Lordship's commands, signified to us by Mr. Hope's letter of the 12th instant, stating that he had been directed by your Lordship to transmit for our consideration the copy of a despatch and of its enclosure, from the Governor of Gibraltar, submitting for the decision of your Lordship the question whether, under Act 7 & 8 Vict. c. 66, s. 16, aliens married to British subjects resident in Gibraltar become naturalized? Mr. Hope was pleased to desire that we would report to your Lordship our joint opinion whether the Act referred to extends to that garrison, and if so, whether the wife of Mr. Peter Francia is entitled, in virtue of it, to the privileges of a natural-born subject within the fortress and territory. In obedience to your Lordship's commands, we have perused the despatch and its enclosures, and duly considered the same, and have the honour to report that we understand that Mr. Peter Francia is a natural-born subject of the British Crown; and this being so, we are of opinion that his wife has become naturalized, and is entitled to all the rights and privileges of a natural-born subject. To the Right Hon. the Lord Stanley, &c. &c. &c. J. DODSON. W. W. FOLLETT. (12.) JOINT OPINION of the Queen's Advocate, SIR JOHN DODSON, and the Attorney and Solicitor General, SIR JOHN JERVIS and SIR JOHN ROMILLY, that Aliens may be empowered by a Colonial Legislature to hold Offices of Trust. Doctors' Commons, July 3, 1850. MY LORD,-We were honoured by your Lordship's commands contained in Mr. Merivale's letter of the 4th ultimo, in which he stated that he was directed by your Lordship to transmit to us the inclosed copy of an ordinance recently passed by the Legislature of the colony of Port Natal, "for imparting to aliens residing within the district of Natal some of the privileges of naturalization," in order to obtain our opinion on a question which this ordinance appears to raise. By section 1 of this ordinance, it is provided that upon taking the oath, "and obtaining the certificate hereinafter prescribed, every alien now residing in, or who shall hereafter come to reside in, the district of Natal, with intent to settle therein, shall enjoy all the rights and capacities which a natural-born subject of Her Majesty can enjoy or transmit, except that such alien shall not be capable of becoming a member of the Executive or Legislative Councils of the said district." By the Act 12 & 13 Will. 3, c. 2, s. 3 (enforced by 1 Geo. 1, statute 2, c. 4, s. 2), aliens are disabled, even after naturalization, from enjoying any office or place of trust, civil or military, and from having any grant of land from the Crown. But by the Act 10 & 11 Vict. c. 83, for the naturalization of aliens, it is enacted (s. 2), "that all laws, statutes, and ordinances which shall hereafter be made and enacted by the legislatures of any of Her Majesty's colonies or possessions abroad, for imparting to any person or persons the privileges or any of the privileges of naturalization, to be by any such person or persons exercised and enjoyed within the limits of any such colonies and possessions respectively, shall within such limits have the force and authority of law, any law, statute, or usage to the contrary in anywise notwithstanding." Mr. Merivale then stated that the question, therefore, on which he was instructed to request our opinion was, whether an alien, naturalized in Natal according to the manner prescribed in this ordinance (which passed subsequently to 10 & 11 Vict. c. 83), would be able to enjoy an office or place of trust (except such as are specially excepted in the ordinance), and to take a grant of land from the Crown? Mr. Merivale concluded by saying he was directed to subjoin a memorandum which was drawn up in the Colonial Office, on the legal status of colonial aliens prior to the passing of 10 & 11 Vict. c. 83; and a circular to the governors of the colonies, which was transmitted after the passing that Act; and also a copy of an opinion given by the Queen's Advocate General, and the Attorney and Solicitor General, on the 25th May, 1840, on the subject of a Mauritius Naturalization Ordinance. In obedience to the commands of your Lordship, we have taken the papers into our consideration, and have the honour to reportThat in our opinion an alien naturalized in Natal, according to the manner prescribed in this ordinance, would be able to enjoy an office or place of trust, except such as are specially excepted in the ordinance, and to take a grant of land from the Crown. The Right Hon. Earl Grey, &c. &c. &c. J. DODSON. JOHN ROMILLY. (13.) JOINT OPINION of the Queen's Advocate, SIR JOHN DODSON, and the Attorney and Solicitor General, SIR A. E. COCKBURN and SIR W. PAGE WOOD, that a "Liberated African" does not become, ipso facto, a British Subject. Doctors' Commons, October 21, 1851. MY LORD,-We are honoured with your Lordship's commands, signified in Mr. Elliot's letter of the 13th instant, stating that he was directed to transmit to us the accompanying extract of a despatch from the Governor of Sierra Leone; and to request that we would take the same into consideration, and report to your Lordship our joint opinion First. Whether an African liberated from slavery by legal process in Her Majesty's Mixed Commission Courts becomes, ipso facto, a British subject in the full acceptation of that term? and, Secondly. Whether a liberated African, in the event of his committing any offence out of the jurisdiction of a colony, would be amenable to the same jurisdiction by which a bonâ fide British subject could be tried within the territories of native chiefs with whom treaties may have been concluded? In obedience to your Lordship's commands, we have taken into consideration the extract of the despatch above referred to; and have the honour to report that, in our opinion, both questions should be answered in the negative. The Right Hon. Earl Grey, &c. &c. &c. J. DODSON. A. E. COCKBURN. (14.) JOINT OPINION of the same LAW OFFICERS, that such an African may be comprehended in Treaties within the meaning of 6 & 7 Vict. c. 94. Doctors' Commons, February 21, 1852. MY LORD,-We were honoured with your Lordship's commands, contained in Mr. Merivale's letter of the 4th instant, in which he stated that, with reference to our letter of the 21st of October last, on the subject of liberated Africans, he was directed by your Lordship to transmit to us copy of a despatch received by your Lordship |