99

438

98

all deny that right, we cannot but maintain that it is not in the best interests of the country that that right should be exercised, as was done in this case, in such manner as to obtain the decisions of the Secretary of State on a matter of great public importance before the Board of Ministers and the State Council formulated their proposals thereon and submitted their reasons in support of them.

13. It was with very deep regret that we heard Your Excellency at the conclusion of the interview declare yourself as being opposed to any fundamental changes in the Constitution on the ground that any such change was premature, that the present Constitution had worked during that past two years entirely without friction except on one particular subject, and that owing to unprecedented difficulties. economical and financial, the activities of the Government have been severely restricted and conse- quently the Ministers and Members of Council had not gained sufficient experience to justify any change at present in the direction of a more liberal measure of self- government. In reply, we would emphasize the fact that the present Constitution is admittedly a novel experiment upon the trial of which no time limit has been imposed. The working of it during the past two years has brought to the surface many serious defects inherent in it which cannot be expected to disappear by mere lapse of time. To insist upon its continuance in its present form for an indefinite length of time will not only hamper progress but inevitably create wide-spread discontent. If the Constitution has so far been in operation without much friction it is, we submit, to a large extent due to the efforts of those who undertook to give it a fair trial. But to use this measure of success that has attended their efforts as an argument against further reforms or for the perpetuation of the present Constitution with all its defects, is, we cannot but consider, exceedingly unfair. It is true that the Constitution has been worked during the past two years under unprecedented difficulties and that the activities of the Government have been consequently greatly restricted. The fact that even in these exceptionally difficult circumstances the Board of Ministers and the State Council have discharged their responsibilities satisfactorily should, we submit, be regarded as an indisputable proof of the fitness of the people of this country for responsible government. In conclusion we sincerely hope that Your Excellency will be pleased to reconsider the matter and support the demand for the reform of the Constitution which is all but universal.

His Excellency

Sir Graeme Thomson,G.C.M.G., K.C.B.,

Governor.

I have, &c.,

(Sgd.) D. B. JAYATILAKA, Vice-Chairman, Board of Ministers.

14264/83 [No. 16].

No. 42.

THE SECRETARY OF STATE to THE OFFICER ADMINISTERING THE

GOVERNMENT.

(Sent 12.50 p.m., 21st September, 1933.)

TELEGRAM.

No. 140. Your telegram of 17th September.* I have learned with surprise that State Council wishes me to receive a deputation immediately. None of the facts known to me would, in my opinion, justify an immediate alteration of the present Constitution, and, moreover, I have not yet received a considered statement of the views of the Governor on the various and to some extent conflicting proposals con- tained in the memorandum of the Board of Ministers and in the Bill before the State Council. I should be prepared later to receive the proposed deputation if the State Council considers that oral representations are desirable, but I could not receive such a deputation until after I have received a written statement outlining proposals which I am to be asked to consider and a statement of views of the Governor on those proposals. To avoid possibility of misunderstanding I should wish to make it clear that I should not be willing at this date to entertain any proposals for the reduction or material modification of the powers conferred on the Governor and the Secretary of State by the Order in Council in relation to matters declared to be of paramount importance or in regard to the maintenance of the efficiency of the Public Service.

14264/33 [No. 22].

No. 43.

THE GOVERNOR to THE SECRETARY OF STATE. (Received 11.45 a.m., 17th November, 1933.)

TELEGRAM.

17TH NOVEMBER. No. 197. My despatch of 16th August No. 481.† Ministers memoranda have been debated in the State Council and question put that Council accept proposals contained in paragraph 9 of memorandum dated 21st April. Motion carried by 34 votes to 15. All Sinhalese members voted for and all other including two Ministers against resolution except one Tamil member who declined to vote. No further action yet taken on Corea's (?) Bill and position with regard to it uncertain.

III. GOVERNOR'S POWERS UNDER VARIOUS ARTICLES OF THE STATE COUNCIL ORDER IN COUNCIL.

14264/33 [No. 14].

No. 41.

THE GOVERNOR to THE SECRETARY OF STATE, (Received 5.48 p.m., 17th September, 1933.)

TELEGRAM.

[Answered by No. 42.]

17TH SEPTEMBER, 1933. Unnumbered. State Council unanimously decided

on the 16th September that a Deputation of five members of the Council should proceed

to London to interview you on the question of constitutional reform.

The Leader of the Council requests me to cable this decision to you, and to ascertain whether you would be prepared to receive the Deputation while I am in London. He would appreciate early answer by cable.

35019 C.R. [No. 6].

Sir,

No. 44.

THE GOVERNOR to THE SECRETARY OF STATE. (Received 25th January, 1932.) [Answered by No. 46.]

(Confidential.)

Queen's House, Colombo, 4th January, 1932. I HAVE the honour to refer to your telegram No. 232, dated 9th December, 1931, on the subject of the termination of the agreement of Mr. C. J. M. Hunter, Civil Engineer (Design), Electrical Department. Mr. Hunter is an exceptionally capable officer, and as I am very anxious that the termination of his agreement by the Ceylon Government shall in no way prejudice his chances of obtaining employment elsewhere, I consider it necessary that you should be fully acquainted with all the facts of the case.

* No. 41.

† No. 40.

‡ P.F. 35019 [No. 5]; not printed.

PUBLIC PECORD OFFICE

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