waters of another State to the extent of altogether exempting that ship from the local law when that law has been violated by some one on board?”

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This question of exterritoriality came before the judges on a different occasion, and its difficulties were illustrated by the fact that seven judges took one view, and six the other. This was in the case of the "Franconia," in which Ferdinand Kuhn, master of a German ship of that name, stood convicted by the verdict of a jury at the Old Bailey of manslaughter. A point of law raised in his favour was reserved at the trial, and was since argued before the judges. The defendant, as the jury found, with "culpable" or criminal carelessness, ran down the "Strathclyde," a British steamer, less than three miles off Dover, and thus caused the death (among others) of that passenger on the Strathclyde" whose manslaughter was charged against him. His counsel raised the objection that there was no jurisdiction in the Central Criminal Court to try the charge, on the ground that the accused was a foreigner, and in a foreign ship passing on the high seas, in the exercise of the free right of navigation on the seas, from one foreign port to another; while the counsel for the Crown contended that he was liable, because the sea for three miles round our shores is subject to the sovereignty of the Crown, and therefore to the jurisdiction of our Criminal Courts, and also because the accused, by striking his vessel against the other and so making a hole in its side, did a criminal act on board a British vessel, in which case it was admitted that he would be liable wherever the vessels were. The point of law raised at the Old Bailey was first argued before six judges-Lord Chief Baron Kelly, Mr. Justice Lush, Sir R. Phillimore, Baron Pollock, Mr. Justice Field, and Mr. Justice Lindley. The Court, as thus constituted, being unable to agree, the question was directed to be reargued, and then came before fourteen of the judges, including the six members of the court as first constituted. Of the fourteen judges, Mr. Justice Archibald had since died; and of the remainder it now appeared that six were in favour of the Crown and seven of the accused. Among the minority, Lord Coleridge was of opinion that the accused was liable on both the grounds relied on by the Crown-first, that three miles of sea from the coast are subject to our sovereignty, and are part of our territory and dominion (although subject to the right of free navigation), and also on the ground that the homicide was as a matter of fact committed on board a British vessel. Sir Baliol Brett, Sir R. Amphlett, and Mr. Justice Grove were of the same opinion as regards the first point, while Mr. Justice Denman gave his decision on the ground that the offence was committed on board the British vessel-in which view it was admitted that the accused would be liable in a British court. Mr. Justice Lindley was also with the minority. The remaining judges, who were against the conviction, were Sir Robert Phillimore, Baron Pollock, Mr. Justice Lush, Mr. Justice

Field, Sir George Bramwell, Chief Baron Kelly, and Lord Chief Justice Cockburn, who in his judgment said it had had the concurrence of the late Mr. Justice Archibald. Sir Robert Phillimore delivered an elaborate judgment, denying that the act of homicide was committed on board the British vessel, and maintaining that though undoubtedly all jurists admitted the jurisdiction of a State, for some purposes, over the sea within three miles of its shores, yet it was only for civil and fiscal or defensive purposes. Lord Chief Justice Cockburn held also that the criminal jurisdiction now claimed by the Crown was utterly unknown to our law. In the absence of all precedent and of any judicial decision or authority applicable to the present purpose, the judges (his lordship said) would not be justified in holding an offence committed under such circumstances as the present to be punishable by the law of England, especially as in so holding they must declare the whole body of our penal law to be applicable to the foreigners passing our shores in a foreign vessel on its way to a foreign port. It was no doubt desirable, looking to the frequent collisions which took place in the neighbourhood of our coasts, that the commanders of foreign vessels who, by unskilful navigation or gross carelessness, caused disaster or death, should be as much amenable to English law as those navigating our own vessels; but the remedy for such deficiency should be supplied by the Legislature, and not by the usurpation on their part of a jurisdiction which the Courts did not judicially possess. There being six judges in favour of the conviction and seven against it, the conviction was therefore quashed.

It cannot be denied that grave dissatisfaction at this result was felt by the public, somewhat relieved, however, by the tidings that Kuhn was to be tried in Germany for the same offence.

CHAPTER V.

INDIAN AND COLONIAL EVENTS.--The Prince of Wales's visit to India-Difficulties between Lord Northbrook and the India Office: the Tariff Act, and Lord Northbrook's resignation-The case of Mr. Fuller: opinion in India upon Lord Lytton's minute-The general state of India-The Colonies and FederationDifficulties with British Columbia: Lord Dufferin's visit to Vancouver IslandAustralia and New Zealand: the Parliamentary crisis in Victoria; the Free-trade controversy-Disturbances in Barbadoes: trial of the rioters by special commission-Confederation in South Africa: West Griqua-land and the Transvaal Republic; visit of Mr. Molteno to England-Proposed cession of the GambiaFOREIGN AFFAIRS. Mr. Goschen in Egypt-The Eastern Question: Progress of and changes in public feeling; Speeches of Lord Beaconsfield and Lord Derby: the Guildhall banquet; the Conference, and the mission of Lord Salisbury; Meeting at St. James's Hall.

THE beginning of the year 1876 found the Prince of Wales at Calcutta, and on the first of January he held a Chapter of the Order of the Star of India. He had already passed through great

part of the vast Empire, from Cape Comorin to the Himalayas, from Bombay to Calcutta. In Bombay his Royal Highness became acquainted with many Chiefs, many nationalities, and many industries. In Baroda he gained his first impression of a Native Court and Government. At Goa he paid homage to departed greatness and power. Thence the Prince coasted along shores studded with churches for hundreds of miles, attesting the missionary zeal and the success of the ancient Christians of the East. He enjoyed the tropical scenery, the hospitality, and the sports of Ceylon. He was obliged to disappoint his own hopes and many expectations in Central India and the Presidency stations, at which great preparations had been made by the Rajahs, the people, and the Europeans for sport and amusement. The Prince was enabled, however, to behold proofs of work done by the churches at Tinnevelly, to explore the wonderful temples and palaces of Madura, and to examine the scenes of famous contests at Trichinopoly. The reception, the native entertainment, the general arrangements, the illumination of the surf at Madras were admirable. With reluctance the Prince gave up excursions in the Presidency, and embarked for Calcutta instead of taking a journey by rail overland.

On the 11th the Prince of Wales and his suite reached Delhi, the ancient capital. On the way they had stopped at Cawnpore, and had visited the scenes memorable for cruel deeds and heroic endurance. At the site of the terrible well, a monument by Baron Marochetti was erected, and there the Prince read the touching words to the memory of "a great company of Christian people, principally women and children, who were cruelly slaughtered here." The entry of the Prince into Delhi, according to the Times correspondent, was worthy of the Imperial occasion, but it may be that it partook rather too much of the character of a purely military ceremony, the entry of a conqueror. There was no music, indeed, to enliven the march, and so it could not be said there were strains of triumph. Next, there was nothing inside the lines of soldiery, extending for five miles, but uniforms, swords, lace, plumes, bayonets, lances. Outside sat the multitude on platforms, a crowd of authorities, Lord Napier, his hand resting in a bandage, the Staff of the Army, glittering in gold lace, orders, and medals, and strange uniforms. As the Prince came in sight of the grand flight of steps leading to the grand gateway, the immense multitude, which had been sitting down, rose as by one accord. The effect was wonderful, like the bursting forth of innumerable flowers, for there were many hundreds of native gentlemen and European ladies waving parasols and kerchiefs, and the manycoloured dresses and turbans were all revealed at once.

One of the most interesting episodes was the presentation of a loyal address by the Municipality of Delhi. They were all native gentlemen. As the senior read the address they never removed their eyes from the Prince's face. The Municipality of Delhi said that, on behalf of the whole community, of whatever race or

creed, they esteemed it a privilege to be permitted to give expression to their feelings of profound loyalty and devotion to the person and rule of their gracious Queen, and offered to His Royal Highness a hearty welcome to their ancient city. Since the Viceroy announced to the Princes and Chiefs in Durbar the intended visit, they had been anxiously looking forward to the auspicious event. Delhi, though small, when compared with great capitals, such as Calcutta, Madras, and Bombay, could claim attention for antiquities and historic interest. Although no longer the seat of empire, it is flourishing. Three railways converge to it, developing trade and industry. It is still the home of the language of Hindostan and the seat of learning. It is their earnest wish that his Royal Highness may retain pleasing recollections of his visit, and that the remainder of his tour may be as full of interest as the commencement has been. The Prince thanked them for their welcome, and said he had looked forward with pleasure to his visit to their ancient capital, abounding in monuments of the earliest Indian magnificence and recollections of the greatest historical interest. The natural position of the city, in the centre of Hindostan, where so many great lines of railway converge, must ever render Delhi one of the most important points in our Indian possessions. He was glad to meet them there, and much gratified in being able to convey to the Queen his assurance of the appearance of reviving prosperity in a city so famous and beautiful.

Perhaps a slight complaint of monotony might have been made against the arrangements for the Prince's reception. The programmes were nearly identical. A state entry, an address and reply, a levée, a visit of the Chiefs, a grand banquet; and next day return visits, a drive through illuminated streets to a Native entertainment of fireworks, a review, a European ball, and departure. Except the excursion to Baroda, and the supper with the Maharajah of Puttiala, the Prince had been altogether surrounded by Europeans. This was noticed and commented upon by Indian newspapers, but it was not easy to suggest any better arrangements. Social habits keep the two races apart. One Hindoo gentleman has been greatly abused because he introduced the Prince to the ladies of his family. Puttiala sat beside, or slightly behind, the Prince, at his own table, but dared not eat or drink with him. A Mussulman refuses to allow a Christian friend to see his mother, sister, wife, or daughter. The manner in which Indian nobles and gentry regard evening parties and balls, where they see European ladies and gentlemen talking and dancing together, is beyond European comprehension. The invitation of the Prince to Rajahs to visit England produced a strong impression; several expressed a desire to come.

In the last week of his progress, the Prince traversed a vast district. He came from Nepaul to Indore, passing through Bareilly, Lucknow, Cawnpore, Allahabad. He then visited Holkar,

and returned to Bombay, where he arrived on March 11, and from whence, two days later, he started on his return to England. His absence from England had, therefore, not exceeded five months, about the time which was necessary, in old days, to make the single journey to India. The tour had been eminently a success from every point of view; so much so indeed that it seems hardly necessary to notice the various misgivings which some people indulged in. There were estimates of the enormous cost, the ruinous interchange of presents, the army that would everywhere have to surround so precious a life, the punctiliousness of the etiquette to be maintained with countless gradations of rank and position, the dangers of the climate and the possible outbreaks of fanaticism, and, most of all, the demonstrable certainty that the Prince would be either all or nothing in India, and would either eclipse the Viceroy or be eclipsed himself. The uses and objects of the tour were freely disputed, and there were old Indians who set it down to the gross ignorance of Indian affairs alleged to prevail in this country. As it was impossible to meet such objections at every point, and of no use to talk about improving our knowledge of India, or strengthening our hold upon it, quiet people fell back on the simple fact that the Prince wanted to see India, and there was no reason why the wish should not be gratified. And how it was gratified can be best judged from the Prince's own letter to Lord Northbrook, which certainly was an accurate reflection of his own feelings, and with which we can fitly conclude this interesting historical event :

"Her Majesty's ship 'Serapis,' Bombay, March 13, 1876. "My dear Lord Northbrook, I cannot leave India without expressing to you, as the Queen's representative of this vast empire, the sincere pleasure and the deep interest with which I have visited this great and wonderful country. As you are aware, it has been my hope and intention for some years past to see India, with a view to become more intimately acquainted with the Queen's subjects, in this distant part of her empire, and to examine for myself those objects of interest which have always had so great an attraction for travellers. I may candidly say that my expectations have been more than realized by what I have witnessed, so that I return to my native country most deeply impressed with all I have seen and heard. The information I have gained will, I am confident, be of the greatest value to me, and will form a useful foundation for much that I hope hereafter to acquire. The reception I have met with from the princes and chiefs and from the native population at large is most gratifying to me; as the evidence of loyalty thus manifested shows an attachment to the Queen and to the throne, which, I trust, will be made every year more and more lasting. It is my earnest hope that the many millions of the Queen's Indian subjects may daily become more convinced of the advantages of British rule, and that they may