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6347.

PUBLIC RECORD OFFICE

Reference :-

TLTIC.O. 885

No. 469.

(STRAITS SETTLEMENTS.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Lincoln's Inn, July 1, 1867. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 29th June ultimo, stating that he was directed by your Grace to transmit to us a copy of the Act 29 & 30 Vict. c. 115., entitled "An Act to provide for the "Government of the Straits Settlements," and also of an Order in Council dated the 28th December 1866, by which Her Majesty in pursuance of the power vested in Her by section 1 of the Act declared that the Act should come into operation on the let April 1867,

Sir Frederic Rogers also stated that he was directed to call our attention to the the ques- language of the 2nd and 3rd sections of the Act as especially bearing upon tion under consideration that by the 2nd section it is enacted that "from and after "the coming into operation of the Act" it shall be lawful for Her Majesty in Council to do certain things. But in the 3rd section the words "from and after the coming "into operation of this Act" are omitted as in the 1st section, and it is enacted that it shall be lawful for Her Majesty "from time to time" to delegate to persons within the said Settlements "the powers and authority so vested in Her Majesty in Council

as aforesaid," &c., and

It was certainly supposed that Parliament intended the power of creating a Legis- lature to be immediate.

1st. On the ground of obvious convenience, as otherwise the new Colony must have been without a resident Legislature for two months or more after the transfer, and (2) from the difference of the language in the 2nd and 3rd sections as above pointed out.

That accordingly Letters Patent were on the 4th February 1867 passed under the Great Seal to provide for the government of the Straits Settlements, a copy of which was annexed for reference, and it would be seen that by clause 2 Her Majesty delegates to the persons who shall form the Legislative Council the powers given Her under the second section of the Act; that with reference to those Letters Patent Sir Frederic Rogers stated he was directed to observe that in the preamble the recital of the 3rd section of the Act is unfortunately incorrect, as it recites that section as if it contained the words "from and after the coming into operation of the Act," and it seems possible that this gave rise to the objection to the validity of the Letters Patent which was mentioned further on; that

In the same month of February 1867 a commission was placed (passed?) under the Great Seal appointing Colonel Ord the Governor of the Straits Settlements, and instruc- tions were also issued to him under the Royal Sign Manual and Signet, copies of which were annexed for reference.

Sir Frederic Rogers was pleased also to say that a question had now been raised in the Colony whether the authority to delegate came into existence before the 1st of April 1867, and that a copy of the letter of the Colonial Attorney General to the Governor was annexed for reference, and it would be observed that he referred in favour of his view to the erroneous recital of the Act in the Letters Patent.

That it might not be out of place to state briefly the view of the Act on which it might be contended that the Letters Patent were properly issued before the 1st of April. The Act was unquestionably not to come into operation for the purpose of making the Settlements cease to be part of India and become a separate Colony until some declared day, and the powers given in the second section were not exerciseableTM till after the Act so came into operation. But the Act was in force at once upon the passing of it for the purpose at least of enabling Her Majesty to declare when the Settlements should cease to be part of India, and that being so it did not appear unreasonable that the power of delegation, which is made exerciseable not "from and "after the coming into operation of the Act," but "from time to time" should, like the power given by the first clause, be exerciseably as convenience requires, immediately on the passing of the Act.

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