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under the seat of the Colony and derive their pay from the Colony, to compel them to give legal advice and assistance to officers commanding ships with Her Majesty's Troops would be to make them Law officers for the military and naval authorities without any express appointment or any pay. Such a course, as it seems to me, would be an injustice either to the Colony or to the officers, and would hardly, I think, be suggested in dealings between private individuals. It amounts to this:-
A Colony, upon the Warrant of Her Majesty, appoints certain officers to perform certain duties in relation to the Colonial Government, in respect of which a certain Salary is fixed, and Her Majesty's Warrant is granted upon the recommendation of the Secretary of State for the Colonies.
With regard to present officers, I presume no attempt would be made to compel them to perform duties gratuitously which they had not undertaken when appointed to their respective offices. With regard to future Officers, I suppose it would be made a condition precedent to their recommendation that they should undertake these duties.