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12 PUBLIC RECORD OFFICE, LONDON

MY LORD,

No. 45.

(GENERAL.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 18th December 1874. We are honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 4th instant, stating that he was directed by your Lordship to state that Mr. Edward John Eyre, formerly Governor of Jamaica, had applied for a first-class pension, at the full rate under sections 2 and 4 of the Colonial Governors Pension Act, 28 & 29 Vict. c. 113 (copy annexed).

2. That Mr. Eyre, being 60 years of age and in ill-health, and having completed upwards of 15 years' service as a Colonial Governor, was entitled to a full rate of pension under section 4; but, in order to be entitled to a first-class pension, it was necessary, under seotion 2, that he should have administered a government with a salary of not less than 5,000l. a year for a period of at least four years.

3. That Mr. Eyre administered the Government of Jamaica, of which the salary was 5,000 a year, first as Lieutenant-Governor and afterwards as Governor, for 3 years, viz., from 26th March 1862 to 7th January 1866, when Sir H. Storks, who had been named President of the Royal Commission appointed to inquire into the cause of the disturbances of the previous year, was appointed Governor under a commission which revoked so much of Mr. Eyre's commission as constituted and appointed him Captain- General and Governor-in-Chief. That Mr. Eyre was, however, instructed to remain in Jamaica for purposes of the inquiry, which he did until 11th July 1866, receiving in the meantime the full rate of salary paid to the Governor of Jamaica. That on those points he, Mr. Malcolm, was to refer us to pp. 254-257 of the annexed Parlia mentary Paper.

Jamaica Disturbances,

4. That Mr. Eyre thus received the full salary of Governor of Jamaica for longer Part 1.168. than the period required by the Pension Act; but that your Lordship understands that in the opinion which we gave to the Lords Commissioners of the Treasury on the subject on the 9th of May last, we advised to the effect that in the legitimate exercise of the discretion conferred by the 12th section of that Act the Secretary of State and the Lords Commissioners of the Treasury cannot treat any part of the time between 7th January 1866 and 11th July 1866 as passed by Mr. Eyre in the administration of a Colonial Governinont.

5. That with a view to enable a pension to be granted to Mr. Eyre on account of that period your Lordship had caused the accompanying draft Bill to be prepared, aud that he, Mr. Malcolm, was to request that we would inform your Lordship whether we approve of the draft in the shape which, for certain reasons, Her Majesty's Government considered the most convenient.

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

Report

That your Lordship has been correctly informed as to the advice which was tendered to the Lords Commissioners of the Treasury upon this subject in the opinion given by us to their Lordships on the 9th of May last.

That, with respect to the question now submitted to us by your Lordship, viz., whether we approve of the draft Bill which has been laid before us, we would observe that we deem it, as a general rule, inconvenient to extend or amend Acts of Parliament by enacting that the language of such Act shall be read and construed as if words had been added to such Acts which were not contained in them at the time when they were passed; and we would further suggest for your Lordship's consideration whether the absence from the Bill of any reference to the case of Governor Eyre, whilst the inten tion of using its provisions in its favour can hardly fail to be recognised, may not give rise to opposition in Parliament and to possible inconvenient complications.

If, however, as we gather from Mr. Malcolm's letter, these points have received your Lordship's consideration, and your Lordship is of opinion that, for reasons of

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policy or convenience, the Bill should assume the shape of the draft before us, we are of opinion that an Act passed in such form would be effectual, subject to this that we think that it would be expedient to slightly modify the language at the bottom of page 3 of the accompanying draft, so as to make it run as follows:-" that during any period for which an officer has rendered public services in a Colony by the desire of Her Majesty's Government, and has received for such services a salary or "remuneration equal in amount to the salary of a Governor of such Colony, the said "officer shall be deemed, &o."

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If the Bill were passed in the form of the draft before us, we think that a question might arise whether the remuneration paid to Governor Eyre for his services from January to July 1866 could be regarded as "salary of Governor."

The Right Hon. the Earl of Carnarvon,

&c.

%0.

&c.

We have, &c.,

(Signed) RICHARD BAGGALLAY.

JOHN HOLKER.

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