PUBLIC RECORD OFFICE
ياسيا
Reference :-
CO.
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
hold the Governor responsible for all losses and expenses occasioned by what they con- sidered the unwarrantable detention of the vessel, and the Board of Trade considered that the Governor exceeded his powers in ordering the further detention of the ship, after having ordered a survey himself and after the ship had been repaired so as to satisfy
that survey.
*
11. That the Governor had informed the Secretary of State that the order which had been objected to was made under clause 5 of Ordinance No. 2 of 1875, and was an addition to his first order, which was merely to direct the detention of the vessel until the recommendations of the first Government surveyor (of 1st October) were carried out.
That no copy of that order had been received at the Colonial Office.
•
but
2
12. That there was no reason to question the good faith of the Governor; question having been raised as to the legality of his proceedings, Mr. Bramston was to request us to consider those papers with special reference to the concluding sentence of the 5th section of the Ordinance No. 2 of 1875, and to be good enough to favour you with our opinion whether the additional order of the 27th October 1877 was within the legal authority of the Governor.
13. That Mr. Bramston was also to request us to be good enough to favour you with any observations upon the case generally that night appear to us desirable; and as the ship was still under detention, he was to express a hope that we would oblige you with an early answer.
In compliance with the requests contained in Mr. Bramston's letter we have the
honour to
Report
That we are of opinion that the additional order of the 27th October 1877 was within the legal authority of the Governor, and that the vessel has been detained in due course of law; and we are therefore further of opinion that no liability in respect of that detention attaches either to the Governor or to any one acting under his orders.
The Right Hon.
Sir Michael Hicks Beach, Bart.,
&c.
&c.
&c.
We have, &c., (Signed) JOHN HOLKER.
HARDINGE S. GIFFARD.
6683.
SIR,
No. 171.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 28th May 1878.
We were honoured with your commands signified in Mr. Malcolm's letter of the 22nd of February last, stating that he was directed by you to inform us that it was contemplated to include within the boundaries of the Dominion of Canada all those territories on the North American continent, with the islands adjacent thereto, which, though taken possession of in the name of the Crown, have not hitherto been annexed to any Colony.
General, s'.
with
2. That he was to enclose for our information an extract from a memorandum drawn To Governur up in the Colonial Department which showed the present position of the boundaries of January 17ty Canada, together with some correspondence which had taken place upon the subject letter f between the Secretary of State and the Governor-General of the Dominion.
comber 171, and extract from memorandu
Decouber
Governor-Gene
a secret. Teal, secret, June 1976. General, secte
1 May 1678. To Governer.
3. That we would observe that it had been suggested that an Act of the Imperial drawn in Co. l'arliament might be desirable for effecting the transfer of those territories to Canada, 167 but on that point he was desired to enclose copies of opinions delivered by the Law Officers of the Crown, dated respectively the 8th of November 1866 and the 8th of May 1871, and to state that as it would appear to be lawful for Her Majesty to annex territory by Letters Patent to a Colony having representative institutions, provided the assent of the Colonial Legislature was signified thereto, it seemed to you that the object in view Governor.tien might be effected by Letters Patent, followed by legislation in the Parliament of the cember 7. Dominion, without having recourse to the Imperial Parliament.
4. That you would be obliged if we would take these papers into our consideration, and favour you with our opinion as to the course which it would be proper to pursue in
the matter.
In compliance with the request contained in Mr. Malcolm's letter we have the honour to
Report
That we are of opinion that Her Majesty may by an Order in Council annex the territories in North America belonging to the Crown, which are not included in the Dominion of Canada, to that Dominion.
If however, it is desired, after the annexation has taken place, to erect the territories annexed (except such as are mentioned hereafter) into provinces, and to provide that such provinces shall be represented in the Dominion Parliament, recourse must be had to an Imperial Act, for we think that the Crown is not competent to change the legislative scheme established by the British North American Act, 1867, (30 & 31 Vict. c. 3.)
We beg to point out that the Act just referred to (part XI. s. 146.) enacts that Her Majesty in Council may, on address from the Houses of Parliament in Canada, admit Rupert's Land and the North-Western Territory or either of them into the Union, and that the provisions of such Order in Council shall have the same effect as if enacted by the Imperial Parliament.
Any territory, therefore, included in "Rupert's Land" or "the North-Western Territory" may be incorporated into the Dominion without resort to an Imperial Act.
We have, &c.,
The Right Hon.
Sir Michael Hicks Beach, Bart.,
&c.
&c.
&c.
(Signed)
JOHN HOLKER. HARDINGE S. GIFFARD.
To Governor.
October
17′′.
ral, secret, 1 to
L.O., B No- bor 19de.
LOS May, 1871.
▲ 12916-166. 25.-12/84.
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