CO885-(10-11) — Page 257

PUBLIC RECORD OFFICE

חון

Reference :-

PC.O.

885

10

PUBLIC RECORD OFFICE, LONDON

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

2

most part neither known to nor understood by the great majority of Her Majesty's subjects, and, as far as I am aware, have received no judicial construction. It is not improbable that such an enactment may open a source of doubtful and dangerous litigation by which children may be bastardised and the marriage state between such parties subjected in some measure to the cruel uncertainty of the old marriage law in this country.

If it appears to your Grace that the removal of the restriction which confines the validity of marriages by Quakers to members of their own society, is only a necessary consequence from and a just extension of a generally established principle in most of Her Majesty's Colonies, namely, that the ministers of every sect professing Christianity are entitled to make a binding contract of marriage between all persons who desire to be married by them--and this is rather a question of public policy than of law--then I humbly advise your Grace that for the reasons above-mentioned the whole proviso of the first section of the proposed Act should be omitted.

His Grace the Duke of Newcastle, K.G. &c.

&c.

&c.

I am, &c.

(Signed) ROBERT PHILLIMORE.

"}

8347.

No. 209.

(NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Temple, August 25, 1863. We are honoured with your Grace's 'commands, signified in Mr. Elliot's letter of the 7th August instant, stating that he was directed by your Grace to submit to us for our consideration the accompanying oase.

Mr. Elliot was also pleased to state that by the 14th section of 49 Geo. 3. c. 27., the coast of Labrador, within certain defined limits was expressly annexed to the Government of Newfoundland.

That by Letters Patent of 2nd March 1882, Sir Thomas Cochrane was made Governor of the Island of Newfoundland and of so much of the coast of Labrador as was there described (being within the limite laid down by the Act of Parliament). He was directed to summon a council and an assembly of the freeholders and others** within the island and its dependencies" under his Government, and with their advice was empowered to make laws for the "island and its dependencies and the people and inhabitants thereof.”

That his instructions of the same date authorised him by proclamation to divide the "island" (omitting mention of the dependencies) into electoral districts; and this was done by a proclamation, dated 26th July 1832, by which no franchise was conferred on the inhabitants of Labrador.

That the Act of Parliament 5 & 6 Viot. c. 120. (12th August 1842), after reciting the above commission, instructions, and proclamation empowered Her Majesty to make various changes in the constitution of the Legislature. That it will be observed that this Act recites without any expression of doubt as to its validity, the power conferred on the Newfoundland Legislature of passing laws for the "dependencies" of the island; but that the enacting part of the law makes mention of the "island" only, and not the "dependencies" (vide especially section 2.) The Act being of a temporary nature was continued by 9 & 10 Vict. c. 45., and in part made permanent by 10 & 11 Viot. c. 44.

That by a subsequent local Act 18 Viet. c. 3. (30th November 1854), the electoral districts were again declared, but again no franchise was given to the inhabitants of Labrador.

That the Commission of the present Governor declares him to be Governor of New- foundland and its dependencies, including expressly so much of Labrador as was included in Sir T. Cochrane's commission; and his instructions authorise him to make laws for Newfoundland "and its dependencies" with the advice of his council and assembly.

Mr. Elliot was further pleased to state that your Grace requested that we would favour you with our opinion whether the Legislature of Newfoundland thus constituted has power to make laws for so much of the coast of Labrador as by the Governor's commission, is included within the Government of Newfoundland, notwithstanding that no provision has yet been made for the representation of Labrador in the House of Assembly.

2. Whether the Newfoundland Legislature has power to impose taxes, and particu- larly import duties upon the inhabitants of the above portion of the Labrador coast; and

3. Whether it is competent for the Newfoundland Legislature or for the Crown to make provision for the representation of Labrador in the Assembly.

Mr. Elliot also annexed copies of the Acts and instruments which have been quoted as bearing upon the subject.

In obedience to your Grace's commands, we have taken this matter into considera- July 1831, with tion, and have the honour to

à 10 Vict. c. 45

40 Geo, S. c. 27.

Letters Palem),

3 March 1832. Instructions

proclamation of

14 July 1639.

26 Vict. c. 180.

10 & 11 Vies, c. 4.

That, in our opinion, the Legislature of Newfoundland, as at present constituted, has 14 clanse of Iu- power to make laws for so much of the coast of Labrador, as by the Governor's com- 14 Feb. 1857. mission is included within the Government of Newfoundland, notwithstanding that no

Local Act, p. 184, Parliamentary Papor,

structions of

0

25.-9/686. 16978.517

Report