189
PUBLIC RECORD OFFICE
Reference :-
C.O. 882
5
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
(Signed)
Honourable Auditor General.
I am now in Court.
As soon as I am free I shall be at your office.
December 16, 1886.
Honourable Acting Colonial Secretary.
Reports of the Auditor General and myself herewith.
December 16.
LIONEL COX.
(Signed)
LIONEL COX.
The Commission issued to Sir John Pope Hennessy, dated 7th December 1882, is now suspended. The clause by which Sir John Pope Hennessy is entitled to all the powers, rights, and privileges of Governor of this Colony is therefore at present inoperative. As a consequence, I am of opinion that he is not entitled to draw any salary after the publication of the Proclamation notifying the intention of his Excellency Sir Hercules Robinson to assume the Government.
I was at first inclined to think that under Article 4 of Ordinance 5 of 1873 (to regulate the salaries of officers administering the Government of Mauritius, &c.) Sir John Pope Hennessy might be entitled to half-pay. But after consideration, I am of opinion that the article does not apply, as Sir John Pope Hennessy is not at present the Governor of Mauritius.
December 16, 1886.
(Signed)
LIONEL COX, Procureur General.
Having been directed to report on this matter, I beg leave to say that I entirely concur in the conclusion arrived at by the Honourable the Procureur General.
It appears to me, however, that the question involved is one of law rather than of audit regulation.
December 16, 1286.
(Signed) C. M. De Joux,
Acting Auditor General.
MINUTE by SIR HERCULES ROBINSON.
To the Acting Colonial Secretary.
I am very sorry that there should be any legal difficulty on this question.
The matter can now only be dealt with by vote of the Council of Government. General Hawley will perhaps ascertain Sir John Pope Hennessy's views as to whether this should be done at once, or whether he would prefer to await the decision of the Secretary of State.
December 17, 1886.
To Honourable Receiver General.
(Initialled)
H. R.
To be good enough to cancel the enclosed remittance and to make out a new draft
in accordance with the report of the Procureur General of the 16th instant, if one is required.
December 18, 1886.
To Junior Assistant Colonial Secretary.
(Signed) E. B. SWEET ESCOTT.
I have written to Sir John Hennessy inquiring whether he requires a family remittance.
H. N. D. Barts, R.G.
(Signed)
December 18, 1886.
To Honourable Acting Colonial Secretary.
have received no reply from Sir John Hennessy. December 20.
(Signed)
H. N. D. BEYTs, R.G.
To Honourable Acting Colonial Secretary.
Submitted for instructions as to the action to be taken. I think myself that the papers should be filed, if Sir J. P. Hennessy has received the amount due to him from the 1st December to 14th inclusive.
December 21, 1886.
To Honourable Receiver General.
(Signed) E. B. SWEET ESCOTT.
Mr. Johnson's note now attached shows that neither Sir John Hennessy or his staff will draw any of their pay for this month in the usual way at present. Will this for any necessary action? and afterwards the papers should go to Auditor General you note to note; and perhaps a despatch should go to the Secretary of State to let him know how the matter stands.
December 22, 1886.
To Honourable Auditor General.
Noted.
Papers passed on to you as requested.
December 28, 1886.
To the Honorable Acting Colonial Secretary.
(Initialled)
F. R. R.
(Signed) H. N. D. BEYTS,
Receiver General.
Noted and returned. Copy of the correspondence made for record in this office.
-(Signed) THO. ELLIOTT, December 29, 1886,
SIR,
No. 53.
Auditor General.
SIR J. POPE HENNESSY, K.C.M.G., to the RIGHT HON. EDWARD STANHOPE, M.P. (Received February 9, 1887.)
་
Mauritius, December 30, 1886. THE very small minority in this Colony who were induced to ask for a Commission of Inquiry put forward as one of their most important charges against me that crime had increased owing to my leniency.
2. In my despatch of the 29th September 1886,* I answered at some length the various reasons that had been urged as to the necessity for an inquiry. But, without waiting for my explanation, you ordered the inquiry.
3. In my despatch I pointed out that the greater part of the letter of the minority was taken
up
in repeating vague statements as to the alleged increase of crime, state- ments which had, in effect, been negatived by 20 votes to five in the Council of Government. I referred you to the speech made by the Procureur General and some remarks of my own on the subject copies of which were enclosed in my despatch of the 2nd of August 1886.+
4. In your instructions to Sir Hercules Robinson, dated the 29th of September 1886, (dated the day I had written my despatch, showing that no real grounds existed for an inquiry) you set forth as one of the grounds and objects of the inquiry
""
R-
"The alleged increase of crime and the extent to which the sentences of the courts have, as is alleged, been varied or set aside by the exercise of the prerogative " of pardon."
5. Sir Hercules Robinson complied with your instructions, and examined several witnesses on this subject. He found that Mr. Antelme, and three or four others who had assured Her Majesty's Government that there was a great increase of crime, were unable to prove it. Beyond having made sweeping assertions they knew nothing about it. 6. On the other hand the District Magistrates and the Procureur-General showed that crime had diminished.
7. In his letter to me of the 3rd of December 1886, Sir Hercules Robinson says :— "The evidence so far seems to point to the conclusion that there has been no increase "of crime."
8. Having inspected the authentic returns, Sir Hercules Robinson made the following remark to the Procureur-General when that officer was under examination :—
"I think the strong point of this return is that notwithstanding the depression and "the distressed condition of the people during the last five years, and the natural "increase of population, during that time, crime is below what it was five years ago, " and below the average of the five previous years."
"
"
To this the Procureur-General answered, "Yes.”
}
I
9. Sir Hercules Robinson then asked: "Has there been a larger exercise of the prerogative of pardon than usual-of course there having been no increase of crime, it cannot be attributed to that cause but altogether, irrespective of that; if so, has it "been done with the consent and advice of the Procureur-General?
• No. 81.
↑ Not printed.
8 2
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↑ No. 24.