256

part of the same British Possession as that in
which Cape Town is situated.

I enclose herewith copy of a communication
dated the 20th instant, made to me on this
subject by the Local Government, together
with a copy of the Attorney-General's Report
adverted to therein.

I beg here to remark that since the 1st
January, 1850, when the Navigation Act be-
fore mentioned came into operation in which
the word Passengers was introduced,
numerous applications have been made to me,
from time to time, to allow passengers to be
carried from one part of the Cape Colony to
another in Foreign Vessels, which I invaria-
bly have refused to permit, under the express
terms of the Law in force, from time to time,
and the present instances are the only
breaches of that Law, which have occurred in
this Colony since 1st January, 1850.

It is therefore much to be regretted that
all those parties who have obeyed the Law
have been injuriously affected, by being de-
prived of the earnings which they would
have derived by conveying passengers in
Foreign Vessels.

In conclusion, I would respectfully observe,
that I was slow to assume that in an Act, like
the Customs Consolidation Act, which ap-
peared to have been so fully discussed in
Parliament, so grave a defect should be found
to exist, as the want of power to enforce one
of its most clear and explicit provisions.
This, however, would appear to be the fact,
from the Report of the Attorney General
upon which the Local Government has inter-
fered and acted.

I have, &c., &c.,

(Signed) W. FIELD, Comptroller.

The Honorable
the Commissioners of
Her Majesty's Customs,
etc., etc., etc.

COLONIAL OFFICE,
20th January, 1855.

Mr. Horigham Hudson, late Civil
Commissioner of Albany, being desirous of
taking a passage to Algoa Bay for himself
and two Ladies, in either an American or
French ship, both now in this Port, and on
the eve of proceeding to the former place,
has applied to this Office for information,
whether, in the event of their proceeding to
Algoa Bay by either of the above-mentioned
opportunities, the Colonial Government would
legal proceedings against them or
for the breach of any local ordi-
nances inhibiting any of Her Majesty's Sub-
jects in this Colony from taking a passage to
any Port within its limits, in a foreign Ship.

Having referred the case to the Attorney
General, that Officer has given an opinion of
which the accompanying is a copy.

His Excellency the Governor, concurring
in Mr. Porters views, has caused Mr.
Hudson to be informed, that he and his
friends might proceed to Algoa Bay by either
of the opportunities referred to, without fear
of legal proceedings.

The French and American Consuls have
also been apprized of Mr. Hudson's enquiry
and its result, as well as been furnished with
the substance of the last section of the At-
torney General's opinion.

I am not by his Lordship's desire to
direct you to instruct the several Sub-Col-
lectors under your control, to place no impe-
diment in the way of passengers availing them-
selves of Foreign Ships.

I have, &c., &c.,

(Signed) RAWSON W. RAWSON,
Colonial Secretary.

The Honorable
The Collector of Her Majesty's
Customs, &c., &c., &c.

(Copy)
REPORT.

I have read Mr. Hudson's letter, and con-
sidered the subject to which it relates.

2. I find in several Acts of Parliament, a
   clause enacting that no Goods or Passengers
   shall be carried from any part of any British
   Possession in Africa to any other part of the
   same Possession except in a British Ship.

3. The Act 16 and 17 Victoria, Chapte. 107,
   Section 163, is the last of these Acts, which
   I have access to. The Acts of last Session I
   have not received.

4. The Act, 12th and 13th Victoria, Chap-
   ter 29, contained the same clause, See Sec-
   tion 4, but this Act provided no Penalty for
   carrying Passengers by a Foreign Ship, though
   it did provide a Penalty for carrying Goods,
   See Section 15. This Act, however, is re-
   pealed by the 16th and 17th Victoria, Chans
   ter 107, except as to Sections which are in-
   connected with this subject.

5. It is strange that, in this repealing Act,
   the 16th and 17th Victoria, Chapter 107, there
   appears to be no express penalty provided, ex-
   cept in regard to the United Kingdom, for
   carrying even Goods, contrary to the Act; it
   appears to prohibit both Goods and Passengers,
   but whilst repealing a former Act, which pro-
   vided a specific penalty in the case of Goods,
   though not in the case of Passengers, it pro-
   vides no specific penalty in the case of either
   Goods or Passengers.

6. As no entry or warrant would be obtain-
   able for the lading of Goods on a Foreign
   Ship proceeding from Table Bay to Algoa
   Bay-(see 16th and 17th Victoria, Chapter
   107, Section 167)-this might, perhaps, pre-
   vent, in regard to Goods, a breach of the law.
   But Passengers do not, I presume, need any
   authority from the Customs for going on board,
   nor need the vessel carrying them, do any-
   thing at the Custom House, as a condition
   precedent to receiving them on board.

7. If there be no pecuniary penalty pro-