Memorandum on the letter from the Foreign Office, of 11th March, 1909.

Para. 2.

This has been dealt with in my letter of even date.

Para. 3.

In this paragraph it is stated that the condition that Sir H. de Sausmarez should take precedence of the Chief Justice was not imposed by the Foreign Office, but emanated originally from the Colonial Office.

The Foreign Office letter of 19th August, 1908, to the Colonial Office contains the following paragraph:-

"Sir Edward's consent (to the proposal) must however be contingent on the fulfilment of the following conditions:-

(b) that Sir H. de Sausmarez must "rank as Chief Justice for the purpose, and "if senior in appointment to the Chief "Justice of the Colony for the time being, "must take precedence over him and preside "in the Court."

I was aware that Sir Havilland did not make the suggestion. He wrote to me privately on the subject, and in reply I told him that I knew the suggestion had emanated from the Foreign Office.

I pass over the invidious and unusual comparisons contained in paragraph 4, with the remark that the...

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