PUBLIC RECORD OFFICE
Reference:-
C.O.885
7
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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for assistance of Colonial legal experts to discuss it with Lord Chancellor, Law Officers, and myself.
If your Ministers and Government of [Natal] [Cape] agree, one Delegate might represent all South African Colonies, but if your Ministers prefer separate representa- tion His Majesty's Government will not object.
Telegraph as soon as possible name of Delegate proposed and earliest date at which he could reach England, with a view to making arrangements for Conference.
Despatch follows by mail.
5750.
No. 3.
MR. CHAMBERLAIN TO GOVERNOR-GENERAL THE EARL OF HOPETOUN (Australia) AND GOVERNOR THE EARL OF RANFURLY (New Zealand). (Sent 6:40 P.M., February 14, 1901.)
TELEGRAM,
[Answered by No. 6.]
His Majesty's Government, on suggestion of Australian Delegates, postponed action last year in regard to measure for strengthening Colonial representation on Judicial Committee of Privy Council till whole question could be considered in con- sultation with Colonies.
It is desired 'to deal with matter this Session, and His Majesty's Government wish for assistance of Colonial legal experts to discuss it with Lord Chancellor, Law Officers, and myself, and would be glad if your Government would select qualified Delegate for purpose.
Telegraph as soon as possible name of Delegate proposed and earliest date at which he could reach England, with a view to making arrangements for Conference.
Despatch follows by mail.
5750.
No. 4.
MR. CHAMBERLAIN TO THE Governor-GENERALS OF CANADA AND AUSTRALIA, AND THE GOVERNORS OF NEW ZEALAND, NEWFOUNDLAND, CAPE, AND NATAL
(Canada. No. 46.)
(Australia. No. 11.)
(New Zealand. No. 17.)
(Newfoundland. No. 5.)
(Cape of Good Hope.
No. 18.)
(Natal. No. 17.)
MY LORD; SIR,
Downing Street, February 15, 1901.
You are, no doubt, aware that during the discussion in the House of Commons on the Australian Commonwealth Bill, I stated, on behalf of Her Majesty's Govern- ment, that it was intended to bring in a measure to provide for strengthening the representation of the self-governing Colonies on the Judicial Committee of the Privy Council by the creation of four additional Law Lords with seats in the House of Lords as well as on the Judicial Committee.
This proposed measure was regarded by Her Majesty's Government as affording a way of meeting the legitimate desire of the Colonies for more effective and continuous representation on the Judicial Committee than that afforded by the arrangement embodied in the Act of 1895,
During the Conferences with the Premiers in 1897 I called attention to the
* Soo page 119 of Miscellaneous, No. 111.
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unsatisfactory nature of that representation, but the many other calls on the Premiers' time on that occasion rendered any discussion of the question impracticable, and in view of the near approach of the Federation of the Australian Colonies, Her Majesty's Government did not consider it desirable to press the matter.
The difficulties which arose in connection with the appeal clauses in the Commonwealth Bill satisfied Her Majesty's Government that the question should not be further postponed, so far at any rate as the improvement of the Colonial tation was concerned.
represen-
The Delegates, however, who had been deputed by the Australian Colonies to represent them in this country in connection with the Commonwealth Bill, gave me to understand that those whom they represented would prefer that the proposed measure should not at that time be proceeded with, and that Her Majesty's Govern- ment should as soon as possible, in consultation with the Colonies, consider the whole question. The view of the Delegates was confirmed by the Governments of their Colonics, and, under the circumstances, Iler Majesty's Government decided not to proceed with the Bill providing for the appointment of four additional Judges, but to take an early opportunity of consulting with the Colonies upon the subject.
The two existing Courts, the House of Lords and the Privy Council, have their origin far back in history. Their traditions and procedure and the form in which their decisions are conveyed are widely different. These differences, which may be traced directly to the different sources from which the Courts originated and derived their authority, are of great historical interest, and reveal the persistence aud at the same time the growth and vitality of English Institutions.
From the point of view of sentiment, therefore, it would be desirable to endeavour to preserve, as far as possible, the associations of the two existing Courts.
Colonial suitors and their agents, moreover, are accustomed to the procedure of the one, while suitors in this country are accustomed to the other, and there is reason to believe that in the Colonies there is a considerable body of public feeling in favour of retaining the present practice under which the final decision on Colonial appeals is the direct act of the Sovereign on the advice of the Judicial Committee.
The many problems which arise in connection with a proposal to recast the Supreme Court of Appeal for the Empire are of such a nature that they can only be decided with the assistance of the best expert advice, and His Majesty's Government. have no doubt that the Colonies will gladly co-operate with them in the matter by sending as their Delegates to confer with the Lord Chancellor and the. Law Officers of the Crown, gentlemen representing the feelings and wishes of the Colonies and also fully qualified by their legal knowledge and experience to assist in the solution of a question so vitally affecting the common interests.
As the discussions of the Conference will be confined to this matter, and
an early decision is desirable, Ilis Majesty's Government would prefer that the number of Delegates should be confined to a single representative of each of the three great groups of Colonies, namely, one from Canada and Newfoundland, one from Australasia, and one from South Africa,
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As, however, New Zealand has interests divergent to some extent from those To New of Australia, His Majesty's Government will be prepared, if it is desired by your Zealand Government to receive a separate Representative from New Zealand.
only.
510
As, however, your Government may consider that the interests of the Cape Cape and and Natal in the matter are not identical, and would not be adequately represented by Natal,
one Delegate, His Majesty's Government will, if it is the wish of both Governments,
be prepared to receive a separate Representative from each Colony.
They would be glad if your Ministers would, in conjunction with-
[The Government of New Zealand, The Commonwealth of Australia, The Government of Newfoundland,
The Government of Canada,
The Government of Natal,
The Government of Cape,]
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take early steps for the selection of a Delegate to represent them at the Conference, and inform me by telegraph of the earliest date at which he could reach England in order that the necessary arrangements may be made, and a definite time fixed for the
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To all.