PUBLIC RECORD OFFICE
Reference :-
FELIC.O. 885
PUBLIC RECORD OFFICE, LONDON | ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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ment it had appeared to be one on which the decision of the Provincial Parliament ought to be allowed to prevail.
But if it would be difficult to discriminate be- tween different classes of bills, so as to say that with regard to one class the Crown should cease to have any power of disallowance, It appears to me that it
is totally unnecessary to make such a change in the ancient system of Colonial Government. The dis- tinction, which it would be impossible to define by law beforehand, in a manner which would be satis- factory, it is perfectly easy to make in practice, with regard to laws after they are passed; and of that class of laws of which Mr. Godley in his published letter says that the passing ought to be independent of the Crown, he might safely be challenged to point out one which has been disallowed. I am quite certain there has been no such example in the last three years and a half, and I believe not for a much longer period. Since I have had charge of the Colonial Office, the policy which has been acted upon has been that of giving the very utmost liberty to Colonial Legislatures in matters affecting only their internal interests, so much so, that laws which have appeared to me highly injudicious have been left to their operation. I may mention as an in- stance of this, the Acts passed in Canada for giving charters to banks; nothing can, in my opinion, be niore contrary to sound principles and good policy than some of these Acts; yet the course pursued with regard to them has been this: They were referred in the usual manner to the Treasury; that department pointed out in elaborate minutes the objections. to which they were liable; and these minutes were sent to the Governor, with instruc- tions to submit them to the consideration of his Executive Council, with an intimation that if it should appear still to be the opinion of that body, that the Acts ought to be sanctioned, and that this would be the wish of the Canadian Parliament, they should be submitted to the Queen for confirmation, which in the meantime would be deferred. It appeared that the objections of the Treasury were not considered valid in Canada, and, therefore, in com- pliance with the recommendation of the Governor, Acts have been confirmed, though my opinion of their
impolicy has not been altered. I must add, that in other cases, the adoption of a similar course by delaying the confirmation of Colonial Acts until the Legislature had had an opportunity of considering defects in them, which have been pointed out, has more than once had the effect of causing them
to be amended.
Such have been the principles ypon which the authority of the Crown has been exercised during the last three years with regard to the legislation.
of the North American Colonies; it would be very desirable that those who so loudly assert the 'neces- sity of Colonial Reform would point out upon what other principles they think that power should have been used; a clear explanation of their views upon this point, and of the real nature of the system they would establish, seems to me to be greatly wanted. I should be glad to know in what respect that system would differ from really making the Colonies inde- pendent, and at the same time leaving to this country
the responsibility of protecting them.
In the West Indian Colonies the fact that the great bulk of the population is virtually unrepre- sented imposes, as I conceive, a duty upon the ad- visers of the Crown to exercise somewhat more con- trol over the proceedings of the Representative Assemblies and other local authorities; but even in these colonies it would be found that the proportion of Acts disallowed has been very small indeed; and I am much mistaken if even one instance of the exercise of this power can be mentioned, to which just objection can be taken.
I have to add, that in the Colonies which have not yet Representative institutions, the same principles. have been as far as possible applied; there has been
as little interference as could be avoided, with the measures of the Governors and of the Councils by which they are assisted; the utmost regard has been paid to the wishes of the colonists, which they are nowhere without the means of making known; and above all, steps have been taken to create or to im- prove existing Representative institutions wherever this has been practicable.
Lastly, upon this part of the subject I must add. that though it is often alleged that the Colonies are really only retained for purposes of patronage, it is