CO885-(11-13) — Page 141

PUBLIC RECORD OFFICE

Reference :-

WWC.O. 885

11

PUBLIC RECORD OFFICE, LONDON

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

2

3. Whether under the sections above referred to, of the British North America Act, Le Governor General is called upon to pay regard to the advice. if any, tendered to m by his responsible Ministers, or whether it is his duty to act upon his own indi- dual discretion without receiving the advice of his Ministers, in leaving in operation

disallowing the Provincial Acts?

4. Whether, if the Governor General ought to act on his own individual discretion, may properly refer the particular question to the Secretary of State, and be guided instructions received from him?

5. If so, whether these Acts are such as it would be in accordance with the Imperial st and the general spirit of the constitution of the Dominion as established by that et for him to leave in force or disallow ?

And lastly, what instructions should, in our opinion, be given by the Secretary of ate to the Governor General ?

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

Report

1. That we are of opinion that these Acts of the New Brunswick Legislature are, › the Acts of 1871, within the powers of that Legislature.

. We are also of opinion that the Canada House of Commons cannot constitution- interfere with their operation by passing a Resolution such as that of the 14th of y last. If such a Resolution were allowed to have effect, it would amount to a ual repeal of the section of the British North America Act, 1867, which gives the lusive right of legislation in these matters to the Provincial Legislature.

. It follows that, in our opinion, the Governor General must not pay regard to advice of his responsible Ministers of his Dominion but must act upon his own vidual discretion.

But we are also of opinion that he may, if he think fit, properly refer the icular question to the Secretary of State, and be guided by instructions received a him.

We think that these being merely Acts for better carrying out the Act of 1871, for getting rid of technical objections of the assessments thereunder, it would be ccordance with the Imperial Act and with the general spirit of the constitution of Dominion as established by that Act for the Governor General to allow these Acts emain in force.

We think the instructions should be in accordance with the foregoing answers.

We have, &c. (Signed) J. D. COLERIDGE,

G. JESSEL.

he Right Hon. the Earl of Kimberley.

&c.

&c.

&c.

6981.

No. 835.

(FIJI.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

We are honoured with your Lordship's commands signified in Lord Enfield's

Temple, June 27, 1873. letter of the 26th instant, stating that he was directed by your Lordship to-transmit to us a letter and its enclosures from the Admiralty relative to the steps taken by Captain Chapman, of H.M.S. "Dido," towards preventing a collision between certain planters and the de facto government of Fiji, and he was to request us to take the papers into consideration and favour your Lordship with our opinion on Captain Chapman's proceedings.

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

Report

That the circumstances in which Captain Chapman, of H.M.S." Dido," found him. self and his object in preventing bloodshed make it difficult to blame the conduct of that officer. But we are of opinion that your Lordship cannot properly approve of Captain Chapman's conduct, and that the Lords of the Admiralty should be informed that, in your Lordship's opinion, Her Majesty's officers should be instructed not to interfere except for the protection of British interests.

We submit to your Lordship's consideration in support of the view which we take of the conduct of Captain Chapman, the consequences to which similar conduct on the part of a British officer might lead in the present state of affairs in Spain or in Cuba, and, indeed, in any country where there was an armed insurrection against a de facto government.

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

&c.

&c.

&c.

We have, &c. (Signed)

J. D. COLERIDGE.

G. JESSEL.

*

J. P. DEANE.

16278.-935.

25.-5/86,

NOT

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