PUBLIC RECORD OFFICE
Reference:
TPEPIC.O. 882
سلسلانسيا
4
Absent
The Honourable the Officer Commanding the Troops (Lieut. Colonel CHARLES Leslie
CASEY, RA.).
the Acting Resident Councillor of Penang (J. K. BIRCH).
the Acting Resident Councillor of Malacca (C W S. KYNNERSLEY). the Attorney General (W R. (OLLYER).
J. M B. VERMONT.
W. C BROWN, M.D.
The minutes of the last meeting were read and confirmed
*
DEFENCE CONTRIBUTION BILL.
The COLONIAL SECRETARY, on behalf of the Honourable the ATTORNEY-GENERAL moved the second reading of this Bill
The COLONIAL ENGINEER seconded the motion.
Mr BURKINSHAW
Sir, if this Council determine, after due inquiry, that an amount so large as 20 per cent. of its revenue is advisable to be expended for the preservation of the peace, order, and good government of Her Majesty's subjects in the Colony and the Dependencies of the Colony, I say at once, after reading_the correspondence that has recently been laid on the table, as well as the previous correspondence relating to the demands of the War Office for moneys to be expended in this Colony for what are practically Imperial purposes, that I am prepared to support the principle of this Bill in providing that, instead of 17 per cent. plus the moneys required for buildings and lands, we should pay a fixed sum of 20 per cent. But I don't think this Council ought to pass this Bill in the form in which it is drawn. In section 5 of the Bill it is provided that this proposed percentage shall be in full for all capital expenditure required for military lands and buildings, &c. The word required in that section' I object to. The moneys of this Colony ought not to be voted away on a requisition of other persons outside this Colony, or otherwise than on the carefully-formed judgment of this Council, and I think the bringing forward of this Bill is a suitable opportunity, without going at length into the subject, to again protest against the manner in which, as I say illegally and unconstitutionally, the moneys of this Colony have been voted away by this Council for purposes which this Council could not legally and constitutionally vote money
for.
revenue.
I would refer the Council to the Act of Parliament to provide for the Govern- ment of the Straits Settlements (29 and 30 Victoria, cap. CXV), which is the source, and the only source, of the authority of this Council for raising and expending its Whatever does not come within the four corners of that Act of Parliament is not within the power of this Council. Now, that Act of Parliament was an Act that was passed after prolonged negotiations between the Secretary of State for the Colonies, and the War Office, and the Treasury as to transferring these Settlements from the Government of India to Her Majesty. By that Act of Parlia ment, power is given to Her Majesty to make such provisions and regulations for the proceedings in the Courts and for the administration of justice, and for the raising and expenditure of the public revenue, as may be deemed advisable for the peace, order, and good government of Her Majesty's subjects and others within the said Settlements, or within any territory which may at any time be part of or dependent upon the same, any law, statute, or usage to the contrary in anywise notwithstanding." Her Majesty under that Act of Parliament has no power and no authority to raise revenue in this Colony, or to expend it when it is raised, other- wise than for the purposes named in section 2 of that Act. Her Majesty may, under the Act, by Letters Patent under the Great Seal or by any instructions under Her Majesty's Signet and Sign Manual accompanying such Letters Patent, delegate to three or more persons within the said Settlements the powers thus vested in Her Majesty. The Act gave Her authority to exercise Her power of raising revenue and expending revenue by Orders to be made by Her with the advice of Her Privy Council or by Letters under the Royal Signet and Sign Manual, and only in those two ways. I am anxious to have the clear attention of the Council to the fact that there are only two ways in which Her Majesty can deal with the revenue of this Colony, either for raising it or expending it. That is the trust created by the Act of Parliament. Her Majesty did, by Letters Patent under that Act of Parliament, exercise that power of delegation by "Letters Patent under the Great Seal of the United Kingdom," and by
instructions under Her Majesty's Signet and Sign Manual accompanying and referred to in such Letters Patent." According to the Act of Parliament the instructions for dealing with the raising and expenditure of revenue in this Colony shall be accompanying such Letters Patent. Letters Patent from time to time have been sent here, and have been accompanied by instructions under Her Majesty's Signet and Sign Manual, excepting the last Letters Patent, of 30th of December, 1891. From the answer given to-day, the last Letters Patent do not appear to have been accompanied by the instructions under Her Majesty's Signet and Sign Manual. But that is not the point which I am dwelling upon now. Other instructions are deemed to have continued in force, and I should say they do so for most purposes of the instructions of 17th June, 1885. But, to deviate for one moment from the point I am now discussing having got the answer that the last Letters Patent were not accompanied by instructions. it seems to me that it is open to considerable doubt whether this Legislative Council is now properly constituted. That I may refer to at a future time; it is not necessary to do so further at present. I will assume that the instructions of the 17th June, 1885, are to be deemed to be in force as if they accom- panied the Letters Patent of the 30th of December, 1891.
Now, in those instructions, and in the Letters Patent, there is one striking feature that in the latter the Governor of this Colony who has been appointed is authorised to do and execute all things that belong to his office according to the tenor of the Letters Patent and of his Commission, and according to such instructions as may from time to time be given to him under Her Majesty's Sign Manual and Signet, or by Order in Privy Council, or by Her Majesty through one of Her Principal Secretaries of State; but when we come to dealing with the revenues of the Colony, raising and expending them, the words "by the direction of one of Her Majesty's Principal Secretaries of State are omitted, both in the Letters l'atent and in the instructions under the Royal Sign Manual and Signet. From time to time, over a number of years, the revenues of this Colony have been dealt with and voted away. by the votes of this Council, and the votes have been given by the Official Members of Council under the orders of one of Her Majesty's Principal Secretaries of State. The directions have not been given by an Order under the Sign Manual and Signet of Her Majesty, nor by Orders of Her Majesty in Her Privy Council, and Governors have openly stated that they call on the members of this Council to vote expenditure because the vote is one ordered to be passed by the Secretary of State for the Colonies. In the despatch to England of Sir Cecil Smith in 1890 on passing the vote for £100,000 military contribution, you will find it clearly stated that he voted against his conviction, and that he had to require every Member of the Executive Council to vote against his conviction, because he had no alternative but to obey the instructions of the Secretary of State. I say now, Sir, that the Secretary of State had no authority to give those instructions, and the Governor and the Members of the Executive Council were wrong, and failing in their duty as Members of this Council, in voting contrary to their convictions.
In the despatches, both from the Secretary of State and to the Secretary of State from the Governors of this Colony, it is perfectly clearly shown that, to a great extent, the moneys which have been asked to be voted were for Imperial purposes. The Home Government always refused to take a clear definite line. The Home Government clearly recognizes that it cannot take the moneys of this Colony without an Ordinance or without the vote of the Legislative Council, but it takes the vote of the Legislative Council, and takes its Ordinance, not in the proper way, but by instructing the Governor to press forward the necessary vote by all the means in his power which means by orders to the Official Members of this Council. I am quoting the language of one of these despatches in 1889. Now, Sir, I say that an order than cannot lawfully be given under the Act of Parliament ought not to be obeyed. We are late in the day in saying this. It ought to have been said years ago, when the demands upon this Colony were so exorbitant, and appearing so unreasonable, that nearly all the Unofficial Members of this Council resigned, and all the Official Members, except one. I believe, entered in the minutes of the Executive Council their protest-it ought to have been said then. When the Unofficial Members resigned, it was the duty, I submit, of the Official Members, too, to have said, “I am here, in this Council, as a Member of the Legislative Council, and as a delegate of the Queen. The Imperial Parliament has entrusted certain powers to the Queen. and those have devolved upon me, and I have duties to perform, regardless whether my promotion will be affected or whether I shall otherwise suffer, and I claim the right to vote according to my conviction as to what is the best interest of the Colony,
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PUBLIC RECORD OFFICE, LONDON
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