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7883.

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PUBLIC RECORD OFFICE

Reference :-

C.O.

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

885

12 PUBLIC RECORD OFFICE, LONDON

MY LORD,

No. 100.

(BRITISH GUIANA.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with your Lordship's commands, signified in Mr. Herbert's

/Temple, lat July 1876. letter of the 15th June ult., stating that he was directed by your Lordship to request that we would favour you with our opinion on the following question:---

1. That by an Order of Her Majesty in Council, dated the 14th day of September 1838, the dollar of Mexico was declared to be a legal tender in the Colony of British Guiana at the exchange of 4s. 2d. In consequence of the depreciation in the value of silver, the Mexican dollar can be purchased in London as bullion at the rate of 38. 8d. to 3s. 9d. each; that the coin is, therefore, being imported into British Guiana at the present moment in great quantities, and it has become a matter of the most urgent necessity in the interest of all classes in the Colony, and especially of the labouring classes, to take immediate measures for stopping this influx of Mexican dollars. That the Governor had, therefore, applied by telegram to your Lordship for authority to pass a local Ordinance imposing a prohibitive duty on the importation of Mexican dollars. That your Lordship, however, was not prepared to sanction such a measure, but proposed to instruct the Governor to pass an Ordinance declaring that the Mexican dollar should cease to be a legal tender in the Colony, provided such an Ordinance can legally be passed.

2. Mr. Herbert further said that he was to enclose a copy of the Order in Council of the 14th of September 1838, and also of the Governor's Commission under the Great Seal, and of the instructions referred to therein, whereby (Art. IX.) he is prohibited, except in cases of urgent necessity, from assenting to (3)" any ordinance whereby any paper or other currency may be made a legal tender except the coin of the realm, or other gold or silver coin" and to (7) any extraordinary nature and importance whereby Her Majesty's prerogative, &c. &c. Ordinance of an པ་ may be prejudiced."

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3. That it would appear from the Royal Commission and Instructions to have been intended that the local Legislature should have power, in cases of urgent necessity, and with the assent of the Governor, to pass laws in relation to the currency which should come into immediate operation; and that that branch of the Royal Prerogative had, for that purpose, and on those conditions, been delegated to the Colonial Legis- lature. On the other hand, the object of the proposed legislation is to counteract the effect of the Order in Council of the 14th day of September 1838, and virtually to repeal or suspend it. That Order, however, had within the Colony the force and effect of an Act of Parliament; and the questions which arise on the proposed legis- lation appeared to be, firstly, whether the Royal Commission and Instructions delegated to the Governor and Legislature of British Guiana the power in cases of urgent necessity to enact local laws in relation to the currency inconsistent with existing Orders in Council; and, secondly, if the first question be answered in the affirmative, whether such local laws, though warranted by the Commission and Instructions, would be void under section 2 of the Colonial Laws Validity Act, which declares that any Colonial Law which may be repugnant to any Act of Parliament extending to the Colony, or to any order or regulation made under the authority of such Act of Parliament, or having in the Colony the force and effect of such Act, shall, to the extent of such repugnancy, be absolutely void and inoperative.

4. Mr. Herbert further stated that he was desired by your Lordship, therefore, to request that we would take into consideration the Order in Council, the Royal Com- mission, and the Colonial Laws Validity Act, and advise your Lordship whether it is competent to the Legislature of British Guiana, under instructions from the Secretary of State, to pass a local Ordinance virtually repealing the existing Order in Council, which declares the Mexican dollar to be a legal tender in the Colony.

5. That in the event of our answer being in the affirmative, your Lordship proposed, owing to the urgency of the case, to communicate his instructions to the Governor by telegram; and Mr. Herbert further added that he was to request that we would

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