CO885-(10-11) — Page 801

3781.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

In obedience to your Lordship's commands we have the honour to

Report

That we concur in the opinions expressed in paragraph 4 of Sir F. Rogers' letter, and think that anything done in accordance with that opinion will be proper.

With regard to the question raised in paragraph 6 of the same letter, we are of opinion that the second of the two alternatives is the proper one to adopt. There may be considerable doubt whether during the continuance of the charter the Crown could act independently of it. But we see no reason to doubt that an appointment of Sir John Young by the Hudson's Bay Company, giving him authority to exercise the powers conferred by the appointment either in person or by any one else appointed by himself as his deputy, would be perfectly good."

We apprehend it to be clear that the Queen may, by her own authority, and as part of the prerogative, send troops into any part of her dominions to put down rebellion or any civil insurrection, such troops being under military command and independent of authority.

The Right Hon. Earl Granville, K.G.,

&c.

&c.

&c.

We have, &c. (Signed)

R. P. COLLIER. J. D. COLERIDGE.

-

No. 636.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, April 8, 1870. We are honoured with your Lordship's commands, signified in Sir Frederic Rogers' letter of the 7th instant, stating that with reference to our report of the 5th instant, in which it was stated that we saw no reason to doubt that an appointment of Sir J. Young by the Hudson's Bay Company, giving him authority to exercise the powers conferred by the appointment, either in person or by anyone else appointed by himself as his deputy, would be perfectly good, that he was directed by your Lordship to transmit to us the copy of a Governor's commission issued by the Hudson's Bay Company to Mr. Dallas, and of a commission issued by Mr. MacTavish appointing him to be Acting-Governor in the absence of the Governor.

That the substance of our Report had been communicated to the Hudson's Bay Company, and he enclosed copy of the answer which had been received. Doubts, however, had still been expressed by them whether, looking to the terms of the Charter (Blue Book, p. 413), a deputy would not have to be appointed under the seal of the Company. Should we, however, retain the opinion expressed by us in our report of the 5th, he was to request that we would faveur your Lordship with our opinion-

Whether, if a commission was issued to Sir J. Young similar to that given to Mr. Dallas, he would be able to appoint a deputy under the general power conveyed in that commission, or whether it would be desirable to add a few words expressly referring to such appointment?

And that, should such addition be considered expedient, we were requested to advise whether the words which had been inserted in red ink would be sufficient, or whether any, and if any what, alteration should be made.

That he was to request that we would favour your Lordship with our answer at our earliest convenience, as the commission should be sent out at the earliest practical opportunity.

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

Report

That we retain the opinion which we expressed in our report of the 5th instant; at the same time we see no objection to the insertion of the words in red ink proposed,

if it be thought desirable to insert them out of abundant caution.

The Right Hon. the Earl Granville, K.G.

&c.

&c.

&c.

• No. 635.

We have, &c. (Signed) R. P. COLLIER.

J. D. COLERIDGE.

0 16978.-485. 95.-5/86.