1207.
No. 136.
(NEW GUINEA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, We were honoured with your Lordship's commands, signified in Mr. Bramston's
January 15, 1889. letter of the 4th ultimo, stating that with reference to our report of the 14th November on the subject of the instruments for regulating the Government of British New Guinea, on further consideration your Lordship saw much objection to legislation on that subject in the Imperial Parliament, and had reason to apprehend that the suggested measure might meet with inconvenient opposition during its passage through the House of Commons, and that your Lordship would therefore be glad, if possible, to find some other mode of dealing with the difficulty which had arisen.
That your Lordship was disposed to think that you might properly advise Her Majesty to issue to Dr. MacGregor a fresh commission, omitting the words "or as you shall receive from the Governor of our Colony of Queensland for the time being, or from the Officer for the time being administering the Government of our said Colony." That the relation of the Administrator to the Governor would then rest upon the direction contained in the second article of the Royal Instructions requiring the Administrator to correspond with the Governor, and to apply to him for all such instructions as he might require for his guidance in the discharge of his office, and upon the further directions contained in your Lordship's two despatches of 20th June 1888, No. 11 to the Administrator, and No. 31 to the Governor of Queensland.
That it was quite understood that any action taken by the Administrator, in pur- suance of instructions from the Governor of Queensland, could not subject the latter officer to legal proceedings at the suit of a person who might consider himself aggrieved, because the act complained of would be that of the Administrator alone and not of the Governor, who, as it appeared to your Lordship, could, as matters stood, neither of himself act in any way within the Possession, nor enforce his instructions if disregarded by the Administrator.
That Her Majesty's Government, in accepting the 18th article of the agreement, did not contemplate making, and did not in fact make, the Administrator of New Guinea a subordinate officer of the Governor of Queensland, but that as that Colony had made itself financially responsible for carrying on the government of the Possession, it was desired, to give to the Colony, through its Governor, a voice in the disposal of the money, and- with that object to require the Administrator to seek instructions from the Governor for his guidance as to the manner, in which he should exercise the administrative and legislative functions which he alone would be legally competent to discharge, and for the due discharge of which he would be responsible to Her Majesty's Government, the Governor on his part consulting his Executive Council before issuing instructions.
That it was recognised that the Legislature of Queensland would have no authority in New Guinea, and that the Governor and Executive Council of Queensland would occupy the position of a Board of Advice, rather than that of a superior controlling body, and that if the Administrator should not carry out the advice or instructions which he received, it would be open to the Governor in Executive Council to apply to the Secretary of State to remove the Administrator from his office, but that his actions would be valid if consistent with the laws of the Possession, and that that was understood to be the position under the present instruments.
That it seemed to your Lordship that that state of affairs would not be altered by placing the Administrator by Act of Parliament under the control or guidance of the Governor of Queensland, unless at the same time, power were given to the Legislature of the Colony to make laws for the Possession, and to make the Administrator an Executive Officer of that Colony, removeable by the Ministry of the day, without refer- ence to the Secretary of State, a course which could not be taken into consideration, as No. 131.
A 57014.-2, G. 80. 25.-1/29.
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