530
PUBLIC RECORD OFFICE
To Te Tz Ii
Reference :-
IC.O.885
7
PUBLIC RECORD OFFICE, LONDON.
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
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Conference which is to meet at the end of the present month for the purpose of considering the constitution of the Imperial Court of Appeal, and that he would propose, if agreeable to you, to select you as such representative. I am accordingly to ask to be informed, at your carliest convenience, whether you are willing to serve in that capacity.
I enclose, for your information, a list of the gentlemen who will represent the self-governing Colonies and India at the Conference.
Enclosure in No. 31.
LIST.
I am, &c.
M. F. OMMANNEY.
The Dominion of Canada.-The Hon. David Mills, Minister of Justice in the Dominion Cabinet.
Newfoundland.-Mr. George Henry Emerson, Judge of the Supreme Court of Newfoundland.
The Commonwealth of Australia.-Mr. Henry Edward Agincourt Hodges, Puisne Judge of the Supreme Court of Victoria.
New Zealand.-Sir James Prendergast, late Chief Justice of New Zealand.
Cape of Good Hope.-The Hon. James Rose Innes, K.C., the Attorney-General of the Cape of Good Hope.
Natal. Mr. William Boase Morcom, K.C., M.L.A.
India.-Sir John Edge, K.C., a Member of the Council of the Secretary of State for India.
20014.
No. 32.
SIR W. J. SMITH TO COLONIAL OFFICE. (Received June 11, 1901.)
20, Jevington Gardens, Eastbourne, June 10, 1901.
I HAVE the honour to acknowledge the receipt of your letter (19378/1901) of the 8th-instant, enquiring whether I am willing to serve as the Representative of the Crown Colonies at the forthcoming Conference concerning the constitution of an Imperial Court of Appeal.
2. I am deeply sensible of the honour done to me by Mr. Secretary Chamberlain by his proposal to select me to take part in this Conference in such a capacity, and I hasten to inform you that am quite willing to serve.
I have, &c.
21006.
No. 33.
CANADA.
W. J. SMITH.
GOVERNOR-GENERAL THE EARL OF MINTO TO MR. CHAMBERLAIN.
(Becret.)
(Received June 19, 1901.)
Government House, Ottawa, June 4, 1901.
SIB,
I HAVE the honour to transmit herewith a copy of a Minute of my Privy Council, appointing the Honourable David Mills, Minister of Justice, to represent
* No. 31.
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Canada at the forthcoming Court of Appeal Conference, for the consideration of the question of Colonial representation on the Judicial Committee of the Privy- Council.
It will be observed from the Minute that my Ministers, while agreeing to the request of His Majesty's Government, point out that they are not dissatisfied with the manner in which the Judicial Committee of the Privy Council is at present constituted, and that they see no advantage to be gained by the proposed creation of four additional Law Lords, with seats in the House of Lords as well as on the Judicial Committee, to he chosen by the self-governing Colonies.
I have had some conversation with Sir Wilfrid Laurier on the subject of the inclosed Minute, during which he told me that should the appointment of Colonial Representatives to the Judicial Committee be approved, he feared that an impression might arise in Canada that Colonial business would in future be to a great extent. handed over by the Judicial Committee to the Representative of the Colony presenting an appeal-that, for instance, in the case of Canada (where, no doubt, an alle lawyer would be selected as the Representative of the Dominion), apprehension would, no doubt, arise that, instead of an appeal being decided by an unbiassed Court, as at present, the decision might to a great extent depend upon the judgment of a Canadian lawyer, who, however able he might be, might not command a position of entire independence in the Dominion, for while recognizing that the Chief Justice of Canada has at present a seat on the Judicial Committee, Sir Wilfrid does not consider tint be carries the same weight as a Canadian lawyer appointed under the present proposal would do.
I pointed out to Sir Wilfrid that the proposal of this Majesty's Government, besides suggesting representation on the Judicial Committee, curled with it a seatin the House of Lonly; this ine-considers to indicate sane advanec in the direction of Imperial Federation (apart from the advantages aimed at, by representation on the Judicial Committee), a proposal which he does not look upou with approval. He considers that a Cauulita Representative in the House of Lord should either be possessed of stor die privale fortune, or that the Dominiss Governíaca, should provide him with alary which would cgble him flatingly to maintain the position: and that will large privat: nanes ale rano in Cangala, le fels save that ang attempt to provide a saiary from public funds would not meet with approval here.
He is personally opposed to Caurdian repres. Mation ja, the Hene of Lords, and though he is aware that many Bedding Canadian'pichile men mag hold different opinion, he considers that any ambitious Canadian statesman would much prefer a scat in the House of Commons to a seat in the House of Lords, but recognizes that the former is impossible under present conditions, and consid, rs the latter any like He thinks that the time for closer relations in the direction of Imperial Fodernijou lan not yet arrived, and I believe considers that Canadian -tendency, us years go on, will by rather in the direction of assuming greater individual responsibility tint in being drawn more closely into central Imperial Councils-in fact, he would appear to expect to derive much more good, in an Imperial sense, Tron sentimental connection with the old country than from any official participation in the central Councils of the Empire. He went on to say that one of the first questions which any representation in Imperial Councils would, in all probability, bring to the front, is that of Imperial defence, entailing increased outlay from Canadian public funds, expenditure which he considers would not be understood or approved of in the Dominion. I in no way led up to his remarks on Imperial defence, but they somewhat curiously illustrate the opinion of my Government in respect to Imperial relations, and are simply a repetition of the views Sir Wilfrid expressed to me in the autumn of 1899, at the commencement of the South African war, when I approached him respecting the responsibilities that Canada might be willing to accept should the question of 'Imperial Defence on a large scale be considered on the close of hostilities.
I pointed out to Sir Wilfrid that if Canada is to hold an important position, not only in the Empire, but in the world, she must be prepared to accept greater responsi bilities for her own defence than she does at present, and I reminded him to what extent the Dominion is indebted to Imperial military protection with respect to the fortresses of Halifax and Esquimalt, and the general support of British arms. He admitted that if such support was withdrawn Canada could not expect to stand alone, and he could not foretell the future, but insisted that at present she had not arrived at the time in which it behoved her to undertake greater expenditure in connection with Imperial Defence.
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