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that the Committee as now constituted is within the spirit
Although within the letter of the Secretary of State's instructions. The Unofficial Members of Council in their petition asked for an enquiry by a body to be composed "of number of the community unconnected with the Government,
or
at least a majority of such persons. They asked for an independent enquiry. His Excellency in his despatch of the 17th January last, paragraph 17, emphasizes this by quoting between inverted commas the words cited above. When the matter was referred to in the House of Commons, by Mr. Beith he asked for the appointment of an "independent" commission.
Neither in the House of Commons, nor in His Lordship's despatch of the 21st April, does the Secretary of State indicate any reluctance to the appointment of such a Commission.
Nothing could have been easier than for His Lordship to have said in express terms that while prepared to grant an enquiry it could not be granted in the form asked for, and to have directed in so many words that there should not be an independent majority. The matter was expressly before him, and while limiting the number of officials to be placed upon the Committee he has put no limit on the number of unofficial members. A Committee of two official members, and three unofficial, would have been as completely within the words of Lord Ripon's despatch as they certainly would have been, in my humble opinion, within the spirit of his communication in reply to the petition addressed to him.
Neither can I agree with His Honour the Chief Justice that the unofficial element would have all the advantages