PUBLIC
RECORD OFFICE
Reference :-
PILTIC.O.885
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13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
Colonial Office, December 3, 1884.
Memorandum by Sir E. Hertslet, December 11, 1884. To Colonial Office, December 19, 1884, Colonial Office, December 27, 1884. To Colonial Office, January 6, 1885. Colonial Office, January 14, 1885.
To Colonial Office, February 25, 1885.
May 26, 1885.
1
Sir L. West, No. 26, January 20, 1886.
31
"
No. 12, Telegraphic, October 28, 1886.
To Sir L. West, No. 18, Telegraphic, November 2, 1886. To Colonial Office, November 3, 1886. Colonial Office, November 12, 1886.
1216.
SIR.
No. 82. (MAURITIUS.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
January 21, 1887.
WE were honoured with Mr. E. Wingfield's letter of the 17th instant, stating that he was directed by you, to transmit to us the under-mentioned documents, viz., Letters Patent, dated 22nd March 1879, constituting the office of Governor of Mauritius; Commission dated the 9th of December 1882, appointing Sir John Pope Hennessy Governor of Mauritius; Commis- sion dated 25th September 1886, appointing Sir Hercules Robinson to be Her Majesty's Commissioner to inquire into the affairs of the Colony of Mauritius; Commission, also dated 25th September 1886, appointing Sir H. Robinson, Governor and Commander-in-Chief of Mauritius, in case he should, in his discretion, think it expedient to assume the Government of the Colony; proclamation published in the Mauritius Government Gazette of 14th December 1886, of the intention of Sir H. Robinson to assume the Government of the Colony on the 15th of December; proclamation published in the Mauritius Gazette of 15th December 1886, that he had on that day taken the oaths prescribed by law as Governor of Mauritius; Mauritius Government Gazette of 17th December, notifying and containing a copy of an instrument, under the hand of Sir H. Robinson and the public seal of Mauritius, nominating Major-General Hawley, to succeed him in the Govern- ment of Mauritius; Ordinance of the Legislature of Mauritius, No. 5 of 1873, regulating the salary of Officers administering the Government of Mauritius.
That Sir Hercules Robinson left Mauritius for the Cape of Good Hope on the 18th December, and that on the same day General Hawley took the oaths prescribed by law, and assumed the administration of the Government of Mauritius.
That Sir John Pope Hennessy had been instructed to come immediately to England, for the purpose of giving such explanations as might be necessary of the matters to be contained in the Report to be received from Sir H. Robinson in pursuance of the first-mentioned Commission of 25th September
1886.
That it would be seen that by the fifth clause of the secondly-mentioned Commission of the 25th September Sir John Pope Hennessy's Commission as Governor of Mauritius was suspended so long as Sir H. Robinson or any person nominated by him to succeed him in the Government of the Colony should continue in the administration of the Government, unless Her Majesty otherwise directed by instructions under Her Sign Manual and Signet, or through a Secretary of State.
That the Secretary of State thought it expedient that Sir John Pope Hennessy should not resumo the actual administration of the Government of Mauritius, as the report to be made by Sir H. Robinson under his Commission of Inquiry had not been considered by Her Majesty's Government.
That on the other hand it was very desirable that, so far as compatible with that object, he should retain the office and dignity of Governor and so much of the salary as might lawfully be paid to a Governor who was absent or incapacitated from discharging the duties of the office.
That it was understood that the Colonial Law Officer had advised that Sir J. P. Hennessy was not entitled to draw any part of the salary of the Governor during the suspension of his Commission; but that it might be contended that, as his Commission was not revoked, he might, notwithstanding the suspension of his Commission, be held, at all events after the departure of Sir H. Robinson, and during the administration of the Government by General Hawley, to be the Governor, though incapacitated by the suspension of his Commission from performing the duties of his office, and consequently to be entitled to half-salary under section 4 of Ordinance 5 of 1879.
That Mr. Wingfield was to request that we would advise you upon the following questions:-
(1.) Whether in the existing circumstances Sir John Pope Hennessy was entitled to or might lawfully be paid half the salary of Governor of Mauritius
A 50069.-2. 25.-1,87.