CO885-(10-11) — Page 175

9047.

PUBLIC RECORD OFFICE

Reference :-

TTTTT C.O. 885-

|

| || | || | ||

17 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

No. 135.

(LAGOS.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, September 15, 1862. MY LORD DUKE,

We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of 21st August last, stating that he was directed by your Grace to transmit to us the copy enclosed of a Despatch from the Governor of Lagos, and to request that we would take into consideration the following questions which arise from it respecting the composition of the Legislative Council of that settlement.

26

Sir Frederic Rogers was then pleased to state that the Queen's commission appoint- ing the Governor, of which a copy was annexed, after reciting the powers conveyed to Her Majesty by the Act of Parliament 6 Vict. c. 13., declares it to be Her Majesty's pleasure "that the Legislative Council shall consist of you, the Governor of our said settlement, and of the following persons, not being less than two in number; that is to say, of such public officers within our said settlement as shall be designated, and "such other persons within the same as shall from time to time be named for that purpose, by or in virtue of any instruction or instructions, or by any warrant or warrants to be by us for that purpose issued under our Sign Manual and Signet, and "with the advice of our Privy Council, all of which councillors shall hold their places " in the said council at our pleasure."

****

16

44

44

And in the Royal instructions which accompany the commission (and of which a copy was likewise annexed) Her Majesty declares "that the said Legislative Council shall "consist of the following persons; that is to say, the chief judge of our said settlement, "the Colonial Secretary for our said settlement, and the senior military officer for the time being commanding our forces within our said settlement, or the persons for the time being lawfully discharging the functions of the said chief judge, Colonial Secretary, and senior military officer, and such other person or persons as we by any "instruction or instructions, or warrant or warrants, under our Sign Manual and Signet, may from time to time hereafter nominate and appoint to be members of the "Baid Legislative Council"

The instructions then declare that " on the death, incapacity, suspension, resignation, or absence from our said settlement of any such person as we may hereafter so

it shall be competent to you "nominate and appoint

44

20

to

" nominate and appoint any fit and proper person to be member of the said " council."

An Acting Colonial Secretary has been appointed, and there is in the Colony an But there is no chief judge, justice being for the officer in command of the troops.

60 assessors in the present administered by two gentlemen appointed by the Governor (who is by his commission authorised to appoint judges) and designated by him as criminal and civil courts."

Sir Frederic Rogers was also pleased to state that we should perceive that the "Legislative Council," appointing as its Governor has constituted a provisional members the officer in command of the troops and the Acting Colonial Secretary, and the two legal assessors, Mr. William McCoskry and Mr. Edward Legros.

Under these circumstances he was directed by your Grace to request our opinion-- 1. Whether Messrs. McCoskry and Legros are really members of the council in virtue of this appointment?

2. Whether, if this be not the case, laws passed by the council are, notwithstanding, valid, seeing that they are passed by the Governor with the (presumably) advice of two members of council nominated by the instructions, the Acting Colonial Secretary, and the officer commanding the troops?

And 3. If this be not the case, whether the Governor and two existing members of council can now pass a law giving retrospective validity to laws passed by the so- called "provisional council," and indemnifying persons who have collated taxes or duties, or performed any other acts in pursuance of such laws ?

Sir Frederic Rogers was further pleased to state that your Grace would be much obliged to us if we would give our early attention to this matter, which, if delayed, may produce much embarrassment.

16278.-763. 25.-9/86.