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10413.

PUBLIC RECORD OFFICE

Reference :-

mmmmmm C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 431.

(QUEENSLAND.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, October 30, 1866. We are honoured with your commanda, signified in Sir Frederic Rogers' letter of the 23rd instant, stating that he was directed by your Lordship to transmit to us the enclosed copy of a Despatch from the Governor of Queensland, dated the 20th of August last.

"

Sir Frederic Rogers was also pleased to state that in this Despatch the following

"I passage occure: request your opinion and instructions as to whether it is requisite or desirable in Colonies possessing Parliamentary Government that the consent of the "Governor (as of the Sovereign in England) should be previously obtained by his "Ministers to their most important measures, especially to the introduction by them "of any Bills of an extraordinary nature whereby the prerogative of the Crown, or "the rights and property of British subjects resident elsewhere, or the trade of the "United Kingdom or other Imperial interests may be prejudiced."

And Sir Frederic Rogers was further pleased to 'state that your Lordship desired him to request that we would inform you what answer it would be proper to return to the Governor of Queensland on this question.

In obedience to your Lordship's commands we have taken this matter into con- sideration, and have the honour to

Report

That as regards that part of the Despatch of the Governor of Queensland, which inquires whether it is desirable in Colonies possessing Parliamentary Government that the consent of the Governor should be previously obtained by his Ministers to their most important measures, especially measures of the character indicated in the Despatch, we have no hesitation in saying that it is desirable. It is obvious that without a full knowledge on the part of the Governor of the measures which his responsible Ministers intend to propose to the representative assembly of the Colony, and an assent on his part to their introduction, so far as he can properly give such assent, there cannot exist that frank and confidential relationship between the Governor and his advisers which must be always conducive to the harmonious working of Government.

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The Governor, however, inquires whether this consent is necessary, and he refers by of analogy to the position in England. We must, however, observe that there is no law or rule in England of the character which is suggested by the Governor. No exception could be taken in Parliament to a measure proposed by a Minister of the Crown on the ground that it is alleged, or even admitted, not to have received the Whether it has or not been submitted to the Sovereign previous assent of the Crown. is a matter between the Sovereign and the Minister. In practice no doubt the Sovereign, if he disapproved of a measure introduced by his Ministers, would have the constitutional right to dismiss his Ministers, but whether he would or not exercise this right would naturally depend upon other constitutional considerations bearing on the expediency of a change of Ministers. We think the case would be the same in a Colony having representative institutions, or there would perhaps, in such a Colony, be even less ground for alleging that the previous consent of the Governor was necessary, inasmuch as all measures of the character indicated in Sir George Bowen's Despatch must, whether they have had his previous assent or not, be reserved for the signification of Her Majesty's pleasure according to his instructions; and while on the one hand his prior assent would not necessarily ensure the approval of the Sovereign after the measure passed the other branches of the Legislature, so on the other hand his prior veto might deprive the Government of Her Majesty of the constitutional means of ascertaining the feeling of the Colony as to the measure, and of the opportunity of assenting to its passing into a law.

The argument of Sir George Bowen, in short, would go to this, that the Governor can retain a body of Ministers as his responsible and authorised advisers, and hold them out to the Colony as possessing his confidence, and yet limit their power of action

16978.-466. 35.-5/86.

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