PUBLIC RECORD OFFICE
Reference :-
C.O. 882
9PUBLIC RECORD OFFICE, LONDON
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and what can lawfully be deemed an advisable expenditure, within the language of the Act of Parliament, for the peace, order, and good government of Her Majesty's subjects in this Colony
1 admit that the expression "peace in the Act of Parliament is capable of a wide construction, but I do not think that any one reading in the 2nd section the words following " peace -“ order and good government of Her Majesty's subjects
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and others within the said Settlements, or within any territory which may at any can reasonably.say that any money time be part of or dependent upon the same which is not advisable, in the determination of this Council, for the peace, order, I will illustrate my and good government of the Colony can be properly voted.
In November last this Council argument by what happened recently in this Council passed a vote of $10,000 to be placed to the credit of the fund for the relief of sufferers from the hurricane in the West Indies Now, to my mind it is perfectly clear that this Council had no authority to vote that money away.
I know it was said at absolutely illegal appropriation of the money in every way. the time that a similar thing had been done before. but, because it had been done betute, it does not follow that it is right to do it again. I myself was the seconder of th motion The GOVERNOR Hear, hear! but when I hear the words " Ilear, hear." I must say that I did it suddenly and without premeditation, but I challenge members of this Council to show that that can be deemed an expenditure of money within the four corners of that Act of Parliament
The GOVERNOR: Is not the honourable member going rather beyond the sub- jeet?
Mr BURKINSHAW It is merely to illustrate the point. And so the appropri- ation of the money of this Colony for Imperial purposes is equally a misappropriation. As long as the expenditure is necessary for the peace of this Colony we are justified and authorised to deal with it beyond that we cannot go
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It is quite true that while Her Majesty has delegated to us, under this Act of Parliament, the power of raising and expending revenue, there is reserved to Her Majesty in Privy Council, at the same time, the right to exercise all the powers and authorities that are by the Act vested in Her Majesty in Council, but it is by Order f Her Majesty in Privy Council, and not by the directions of one of Her Majesty's Secretaries of State, that such exercise must be made. Now, I spoke of the differ- ences in language in the Letters Patent and in the Royal Instructions when they relate to the raising and expenditure of the revenue and when they relate to other duties performed by the Governor. In Clause IV of the Letters Patent, referring to the Governor's powers and authorities in performing the duties of his office. it is acording to such instructions as may from time to time be given to him under Our Sign Manual and Signet, or by Our Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State," that he is directed to act. That is the first case in the Letters Patent where the directions of the Secretaries of State comes in
Then in Clause XIII, in making grants of land, "The Governor may. in Our name and on Our behalf, execute under the Public Seal grants of land in conformity either with some Law in force in Our Settlements, or with some instructions addressed to the Governor under Our Sign Manual and Signet, or through one of Our Principal Secretaries of State." And then again, in the Letters Patent, in Clause XVIII. one of Our Principal Secretaries of State "
comes in. in relation to the appointment of a Deputy Governor But when the Legislative Council is referred to, there is nothing about "one of Our Principal Secretaries of State.' Section VIII of the Letters Patent provides that." There shall be a Legis- lative Council of Our Settlements," and the clause proceeds to define how the Council is to be constituted. It is to consist of certain members, or as We shall direct by any instructions under Our Sign Manual and Signet "; and then in Clause IX comes the delegation by Her Majesty: "We delegate to the persons who shall from time to time compose the said Legislative Council full power and authority to establish all such laws, institutions, and ordinances, and to constitute such Courts and officers, and to make such provisions and regulations for the proceedings in such 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 Our subjects and others within Our Settlements or within any terri- tory which may at any time be part of or dependent upon the same (the exact language of the Act of Parliament). Subject nevertheless to all such conditions, provisoes, and limitations as We shall see fit to prescribe from time to time by these or any other Letters Patent under Our said Great Seal, or by any instructions
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under Our Sign Manual and Signet accompanying and referred to in any such Letters Patent. Here there is nothing about one of Our Principal Secretaries of State" when the raising and expenditure of the revenue is dealt with. Principal Secretary of State is again left out in Clause XVII, but that is not dealing with revenue.
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Then we come to the Royal Instructions under Her Majesty's Sign Manual There and Signet which are supposed to have accompanied the Letters l'atent. is a notable variation, and apparently a well-considered one and a very proper one, in reference to the powers given by the Letters Patent to the Legislative Council for raising and expenditure of the public revenue. By Clause XXIII of the instructions it is provided that " It shall be competent for any Member of the Legis- Provided lative Council to propose any question for debate therein: always, that every Ordinance, vote, resolution, or question the object or effect of which may be to dispose of or charge any part of Our revenue arising within Our Settlements shall he proposed by the Governor, unless the proposal of the same shall have been expressly allowed or directed by him." That is a power which your Excellency often draws attention to. That is perfectly reasonable and proper. But there is no such restriction about the raising of revenue; it is the expenditure. rat is a check which Her Majesty has thought proper to put on the great powers that are given to this Legislative Council, that no measure can be brought forward the effect of which may be to charge the revenue except by the Governor or by his authority. Then in Section XXX we have again à reference to one of Our Principal Secretaries of State." This relates to "Surveys and reservations to be made before waste lands are disposed of" and "The Governor not to purchase lands. There we have " without Our special permission given through one of Our Principal Secretaries of State.' Now, those differences in relation to the perform- ance of the ordinary duties of the Governor and to the raising and expenditure of the revenue are very marked, clearly emphasizing what I contend-that it is this Council, of which the Governor is only a member occupying the position of President --it is this Council, regardless of instructions from Her Majesty's Principal Secre- tary of State-regardless of decisions which the Secretary of State for the Colonies. and the Lords of the Treasury, and the Secretary of State for the War Department have come to between themselves--that has the duties delegated to it to perform. It is the duty of every member of this Council, the Governor included, to act as the delegate of Her Majesty within the four corners of the Act of Parliament, and any disposition of the moneys which we make beyond that is illegal and uncon- stitutional.
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It is exceedingly difficult to define the exact point-to say when the exact point is reached of the expenditure that is advisable for the peace, order, and good government" of this Colony. That I will admit. But what I say now is that if we pass that Bill, when we pass it, we should have it clearly stated, on the face of the Bill, that this Council has deemed it advisable to appropriate from the revenues of this Colony 20 per cent. for the maintaining of the peace of this Colony, excluding anything for Imperial purposes-excluding the expenditure which is necessitated by this being created into an Imperial coaling-station, and excluding expenditure which may be deemed necessary by Her Majesty's Government on account of this harbour being created a base of operations for Her Majesty's Navy in the East. This Council has committed errors in the past, in considering that we had no alternative but to vote the moneys which the Secretary of State directed the Governor to procure to be voted by this Council. The Council has committed errors in voting more than the Council considered necessary or advisable. We considered that £70,000 a year was a reasonable sum, or we may have considered that half of the annual cost of the garrison would be reasonable, but when we went beyond that because Her Majesty's Government has deemed it advisable to create this into an important Imperial coal- ing-station and an important fortress, we went beyond what we were authorised to do within the four corners of the Act of Parliament. We could now retrace our steps. I do not think it is advisable to do so, but I do think it is advisable to state in the Ordinance, when we pass it, that we vote the money for the purposes of this Colony, and confined to those purposes only.
I take this opportunity of saying that in despatches from the beginning, from 1888 up to the present date, a great deal, from the Home Government point of view from the point of view of the Treasury, and the Secretary of State for the Colonies, and the Secretary of State for the War Department— is made of the correspondence which preceded the transfer from India of these Settlements to the Government of
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