6916.
PUBLIC RECORD OFFICE
6
Reference :-
C.O. 885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
4.
No. 74.
(BRITISH HONDURAS.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD DUKE,
Temple, July 30, 1861. We were honoured with your Grace's commands, signified in Mr. Elliot's letter of the 22nd of July instant, stating that he was directed by your Grace to request that we would favour your Grace with our opinion as to the mode in which the Commission of the Chief Justice of Honduras should be revoked.
Mr. Elliot was pleased to annex copies of the Chief Justice's Commission, and also of the instructions respecting the suspension of public officers, which have been issued to the Superintendent of Honduras, and added that we would observe that the office of Chief Justice was held under a Commission issued by the Governor of Jamaica, but during Her Majesty's pleasure.
That it had become requisite to revoke Mr. Temple's Commission, but it appeared doubtful whether this should be done by direct authority of the Crown (as by an instrument of revocation under the Royal Signet and Sign Manual) or by an instru- ment under the hand and seal of the Governor of Jamaica, issued in pursuance of a warrant or other authority from the Crown or of a Despatch from the Secretary of In obedience to your Grace's commands we have carefully considered the accompany- ing papers, and have the honour to
State.
Report
That in our opinion, having regard especially to the present peculiar position of Honduras, and to the manner in which Mr. Temple was appointed Chief Justice of the Settlement, during pleasure, the proper form of revoking his Commission will be by an instrument under the hand and seal of the Governor of Jamaica, to that effect; and we think that the signification of Her Majesty's pleasure in the matter, by means of a Despatch from the Secretary of State to the Governor (which should, we think, be recited or referred to in the instrument of revocation) will sufficiently warrant the Governor's act.
We have, &c. (Signed)
His Grace the Duke of Newcastle, K.G.
&c.
&c.
&c.
WM. ATHERTON. ROUNDELL PALMER.
th
o 10278.-388.
25.-2/86.
I