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PUBLIC RECORD
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CO.885
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PUBLIC RECORD OFFICE, LONDON
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Personally, I am inclined to doubt Sir Wilfrid's opinions being generally repre- sentative of public feeling in the Dominion. They certainly do not represent the general feeling of English-speaking Canada, for I believe the Canadian public, while not prepared to accept the views of extreme Imperial Federationists, are very generally anxious to have a greater share in the responsibilities of the Empire-indeed, my experience has led me to the conclusion that my Cabinet can scarcely be considered as in touch with much of the British sentiment existing here; to what extent French- Canadian influence may be answerable for this I am not prepared to say, but I confess to feeling somewhat impressed with the tone of the conversation I have attempted to report.
It would appear to me that the only manner in which the question of Imperial responsibility en-be brought home to my Government and he placed clearly before The people of the Dominion would be by the assembly of some Iniperial Conference, at which the great Colonies could consult with His Majesty's Government.
I have, &c.
Enclosure in No. 38.
MINTO.
Extract from 5 REPORT of the COMMITTEE of the HONOURABLE the Parvy Corsen, approved by his Excellency on the 3rd June, 1901.
THE Committee of the Privy Council have had under consideration a despatch, Jereto annexed, dated the 15th February, 1901, from the Right Honourable Mr. Chamberlain, Secretary of State for the Colonies, referring to a cent mplated casure "to provide for strengthening the representation of, the sll-govering Colonics 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," and requesting the appointment by your Excellency's Government of a Delegate qualified by his legal knowledge to represent it at a proposed Conference * with the Lord Chancellor and the Law Officers of the Crown, having for its object the solution of a question vitally affecting the common interests of the Empire.
The Committee recommend that your Excellency's Government do co-operate with His Majesty's Government by deputing the Honourable David Mills, the Minister of Justice, to attend sucli Conference, and represent your Excellency's Government thereat.
The Committee would at the same time observe that your Excellency's Govern- ment is not dissatisfied with the manner in which the Board of the Judicial Committee of the Privy Council is at present constituted, and as now advised they do not see any advantage to be gained by the creation of four additional Law Lords, to be elogen, from the self-governing Colonies with seats in the House of Lords as will go on the Judicial Committee.
Of late years, and since it has become almost the settled practice to summon to the sittings of the Board! the most distinguished jurists at the centre of the Empire whose services were available, the people of Canada have been generally satisfied with this condition of things.
The Committee is desirous that your Excellency's Delegate should thoroughly disenss with the Lord Chancellor, the Law Officers of the Crown, and the ther Delegates, the many problems which would necessarily follow any attempt to change the existing Appeal Courts of the Empire, and they will be prepared carefully to con- sider any recommendations which may be made as the outcome of the proposed Conference. They repeat, however, their opinion that with the information they at /present possess, the creation of the four Colonial Law Lords suggested would not
inspire any additional confidence in the Judicial Committee.
All which is respectfully submitted for your Excellency's approval.
JOHN J. MCGEE, Clerk of the Privy Council.
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No. 34.
CONFERENCE AT THE COLONIAL OFFICE, DOWNING Street, London, S. W., ON WEDNESDAY, JUNE 26, 1901, AT NOON.
PRESENT:
THIE Right Hon. the EARL OF HALSBURY, the Lord Chancellor, in the Chair.
The Right Hon. JOSEPHI CHAMBERLAIN, M.P. (His Majesty's Secretary of State for the Colonies).
The Right Hon. the EARL OF ONSLOW (His Majesty's Under-Sceretary of State for the Colonies).
The Right Hon. Sir R. B. FINLAY, K.C., M.P. (Ilis Majesty's Attorney- General).
The Right Hon. Sir EDWARD CARSON, K.C., M.P. (IIis Majesty's Solicitor- General).
The Ion. DAVID MILLS (Minister of Justice in the Dominion Cabinet representing the Dombaion of Canada).
His Honour Mr. Justice HENRY EDWARD AGINCOURT HODGES, of the Supreme Court of Victoria (representing the Commonwealth of Australia).
The Hon. JAMES ROSE INXES, K.C., the Attorney-General of the Cape of Good Hope (representing Cape Colony).
Sir JACHES PRENDERGAST, 1 Chief Justice of New Ze daud (repre- scuting New Zealand).
His Honour Mr. Justice GEORGE HENRY EDITUSON, Fudge of the Supreme Court of Newfoundland (poprostating, "Cowlonpdland) '
Mr. WILLIAM BUASE MORCOM, K.C., M.LZA. (representing, 11. Colony of Natal).
Sir WILLIAM JAMES SMITH, Chief Justice af British Guiana (9pp-intest by the Secretary of state for the Colonies as Representative of the oils Copiados ol the Conference).
Sir JOHN EDGE (Member of the Counel of the Secretary f Sture for India, appointed by him to attend the Conference on behalf of the Government of India).
Mr. BERTRAM COX, Legal Assistant Under-Sceretary to the Colonial Office
The LORD CHANCELLOR: My Right ¡Tonsurable friend has asked me, so the Judicial Head of the Privy Council, to say a word or two to you upon the subject which we are come here to discuss. It is, of course, familiar to you all that ti discussion arose out of the Confederation of the Australian Colonies, and at that time, I think, one or two plans were devised. One was to create a great Court of Appeal for the whole Empire. Another was to add additional strength to the existing system of the Judicial Committee of the Privy Council. At the time that the Confederation Bill was passing through the House of Commons, that proposal formed the subject of an animated controversy in various parts of the Empire. I think it was at the request of those who came here to represent the Australian Colonics that any immediate action with a view to the creation of a new Court was postponed, and in view, indeed, of the desiring all of us to know what each part of the Empire might think upon that subject-whether the desire was the creation of a new Court which would combine the functions of the House of Lords and the Judicial Committee of the Privy Council, or to keep the same system which has hitherto been adopted, namely, the House of Lords, for what I might call the Home administration, and the Queen-in-Council, or the King-in-Council, for those matters which arise in the
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