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Instructions; and that he cannot be bound to choose unofficial members of the Council from amongst any particular class of members of the Legislative Council, nor to accept nominations thrust upon him by any outside body. The Governor's selection is governed only by the King's instructions issued through the Secretary of State; and it must remain absolutely unfettered. On this understanding, however, it is open to him to recommend the appointment to the Executive Council of any person whose advice he may consider valuable and on whose general support of a policy adopted after full discussion he can rely.

Subject to these guiding conditions, unofficial members of the Executive Council can indeed obtain valuable experience of the problems of adminstration which it is their natural desire to secure, Under the existing practice they are able in the course of the discussions on the policy of the Government, conducted under circumstances of greater confidence than is possible in the Legislative Council, to obtain an insight into the inner working of the departments, and I think that without any formal change in the constitution, still greater advantages could be given to them by the arrangement which I will proceed to outline.

I propose that, without any alteration in the fundamental constitution of the Executive Council, the Council should regularly divide itself into sub-committees. on each of which one or more unofficial members, and an official member, should sit. Each sub-committee should be charged with the preliminary investigation of business arising from one or more branches of the public service dealing with internal affairs-e.g., health, education, agriculture, etc. It should report to the full Council, and the decision of the Governor in Executive Council would be conclusive without any derogation from existing powers.

If the unofficial members found themselves unable to support the policy finally adopted in Executive Council they would not be at liberty to oppose the Government policy except with the permission of the Governor, which in matters of minor importance would not necessarily be withheld. If they wished to oppose any item of Government policy without the permission of the Governor they would be required to resign their seats in the Executive Council.

It is a matter for consideration whether it would not be proper to provide salaries for members of the Executive Council on whose time membership of the committees would make a considerable demand.

I suggest that you should place this despatch before the Legislative Council and invite the views of members on its proposals.

34750

No. 2.

I have, &c.,

DEVONSHIRE.

THE GOVERNOR to THE SECRETARY OF STATE,

(Paraphrase.)

(Received 11.55 8.m., 11th July, 1923.)

TELEGRAM.

[Answered by No. 3]

11TH JULY. I will lay before the Legislative Council on 12th July, your Confidential despatch of 20th June [18th] reform of Constitution, and my despatch of 23rd April,† to which it is a reply.

I do not propose to lay your Confidential despatch of 18th June, dealing with Executive Council, as I consider it advisable before doing so, to communicate further with you.-MANNING.

34750

No. 3.

THE SECRETARY OF STATE to THE GOVERNOR.

(Paraphrase.)

(Sent 3.45 p.m., 13th July, 1923.)

TELEGRAM.

[Answered by No. 4.]

I HAD hoped to present to Parliament both despatches mentioned in your telegram of 11th July,* prior to the discussion on the Colonial Office Vote, 24th July. If practicable, explain by telegram reasons for delaying publication of despatcht, as to Executive Council and particular points to which you take exception.— DEVONSHIRE.

35460

No. 4.

THE GOVERNOR to THE SECRETARY OF STATE.

(Paraphrase.)

14TH JULY.

(Received 2.47 p.m., 14th July, 1923.)

TELEGRAM.

[Answered by No. 6.]

I only received your Confidential despatch of 18th Junet on the 10th instant, and I consider it most necessary that I should obtain the views of my advisers on a matter of such vital importance. I am now doing this and propose as soon as possible to address you by despatch. In the circumstances, I consider that publication of despatch should be delayed until I have had an opportunity of placing my views fully before you. To put my position shortly the

adumbrated

in your despatch would not be advisable in its present form, and even were I to attempt forthwith to explain my views in this connexion, it would necessitate telegram of inordinate length.-MANNING.

35820

(No. 437.)

No. 5.

THE GOVERNOR to THE SECRETARY OF STATE.

MY LORD DUKE,

(Received 18th July, 1923.)

[Answered by No. 18.]

Ceylon, 28th June, 1923.

I HAVE the honour to acknowledge the receipt of Your Grace's despatch No. 339 of the 6th June. I am afraid there is some misapprehension in regard to my attitude to the election of the Mohammedan Members for the Legislative Council.

2. My reason for opposing the motion of the Mohammedan Member that the three Mohammedan seats should be filled by election was that, though in favour of this procedure, I was not prepared to bind Government at that time to fill these seats by election only, but to reserve the right of nomination in the event of serious difficulties arising as to the definition of the electoral areas, and signs were not wanting at that juncture that such might be the case. Mohammedan Member of the Council, and I am satisfied that it is not probable I have since seen the that any serious difficulties will arise; and consequently it should be possible to fill the three seats in the new Council by means of election.

I have, &c.,

W. H. MANNING,

Governor, &c.

No. 1 in Cind. 2002.

No. 7 in Cmd. 1906.

¡No. 1.

B 2

* No. 2. 1 No. 1. 96891/23: not printed.

PUBLIC RECORD OFFICE

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