CO885-(11-13) — Page 284

office of Governor and defining his duties and powers, and of from time to time appoint- ing to such office by Commission under the Sign Manual and Signet, is one which can legally be adopted, and the drafts submitted to us are sufficient for their designed

purpose.

So far, also, as we are competent to express an opinion upon the policy of adopting such a course, the reasons assigned by Mr. Malcolm appear to us to indicate that its adoption would remove or moderate many inconveniences which are unavoidable under the present system. As, however, we are not aware that there is any precedent for the course proposed, we would suggest for your Lordship's consideration whether its adoption might not possibly give rise to jealousies in some of the Colonies which have received Legislative Institutions. We should not have ventured to make this suggestion, but that we gather from Mr. Malcolm's letter that your Lordship desired an expression of our opinion whether the proposal was in all respects unobjectionable.

The Right Honourable The Earl of Carnarvon,

&c.,

&c.,

&c.

We have, &c.,

RICHARD BAGGALLAY, JOHN HOLKER.

5790.

No. 61.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, 14th May 1875. We are honoured with your Lordship's commands, signified in Lord Tenterden's letter of the 3rd instant, stating that he was directed by your Lordship to transmit to us a despatch from Sir E. Thornton, inquiring the views of Her Majesty's Government as to the right of British vessels to import into the United States free of duty fish taken in the waters of that country.

That a letter from the Colonial Office on the subject was also enclosed, together with

a copy of the Treaty of Washington; and that he, Lord Tenterden, was to request us to take the matter into our consideration, and to report to your Lordship our opinion as to the answer which should be sent to Sir E. Thornton's despatch.

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

Report

That, in our opinion, fish taken in the waters of the United States may be imported into that country free of duty in British vessels. But Sir E. Thornton may properly be instructed, as some doubt may exist upon the true meaning of the 21st Article, not to raise the question unless it is forced upon him by the United States' Government, and to express no opinion to any individual citizen of the United States.

The Earl of Derby,

&c.

&c.

We have, &c.,

(Signed)

RICHARD BAGGALLAY. JOHN HOLKER.

J. PARKER DEANE.

L

▲ 12916,-60. 25.-19/84.

PUBLIC RECORD OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

P