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Reference :-

mmihamimC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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MY LORD,

No. 682.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, January 4, 1871.

We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 3rd instant, stating-

1st. That he was directed by your Lordship to transmit to us for our consideration

a copy of a Despatch from the Governor General of Canada, with enclosures, raising No. 211,

a question with regard to the power of the Executive Government of the Province of 2 Dev. 1870 New Brunswick to dismiss from office the clerk of the Legislative Council without the concurrence of that body.

2nd. That Mr. Herbert was desired to enclose for reference a copy of the Commis- sion issued to the Lieutenant-Governor of New Brunswick in 1861, which was in force at the time of passing of the British North America Act, 1867, and also a copy of the Commission issued to the Governor General of Canada after the passing of the Act.

That the Commission of the present Governor General, Lord Lisgar, was in the same terms as the latter.

3rd. That your Lordship desired Mr. Herbert to request that we would take those papers

into our consideration and favour you with our report upon the points raised by the Legislative Assembly of New Brunswick.

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

Report

That by the 64th and 88th sections of 30 & 31 Vict. c. 3. the powers of the Execu- tive Government and of the Legislature of New Brunswick were, unless and until altered in accordance with the powers of the Act, expressly continued as they had existed before its passing, except so far as the Act itself was inconsistent with them. We do not find in these papers that anything has been done to change the powers either of the Executive or Legislature of New Brunswick since the passing of the British North America Act. That Act itself, in respect of the matter now referred to, makes no change in them. We concur, therefore, in the opinion expressed by the Minister of Justice of the Dominion, that the authorities of the Dominion have no right to interfere. It appears further that Mr. Botsford was appointed to hold during the pleasure of the Lieutenant-Governor of New Brunswick, and it is not suggested that this was an illegal or improper form of appointment. The form of the appointment implies and assumes the right of removal in the Lieutenant-Governor, who appoints, and the Lieutenant-Governor has now exercised his right with the advice of his Ministry. It seems to us that he was acting within his undoubted right, and that there is no ground for the claim put forward by the Legislative Council of New Brunswick.

The Right Hon. the Earl of Kimberley, &c.

&c.

&c.

We have, &c. (Signed)

R. P. COLLIER.

J. D. COLERIDGE.

0 16278.- 495.

25.-5/86.

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