CO885-(11-13) — Page 76

7915.

PUBLIC RECORD OFFICE

Reference :-

........................C.O. 885

No. 779.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, August 6, 1872. We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 3rd August instant, stating that he was directed by your Lordship to transmit to us a copy of a Bill lately passed in the Colony of the Cape of Good Hope for the purpose of establishing" responsible government" in that Colony, together with a copy of the draft of the new commission and instructions which, in consequence of the passing of the Bill (to which your Lordship proposed to advise Her Majesty to assent), would be issued to the Governor, and

That your Lordship does not desire to postpone the coming into operation of that measure, but apprehends that the wording of the second and third clauses might possibly lead to some practical difficulties in the appointment of the officers of the Government mentioned in them, and may require to be amended in the Colony.

15

8. 37.

Mr. Herbert also stated that in a similar case in the Constitution Act of the Colony of 19 Vic. c. Victoria it is enacted that "the appointment to public offices under the Government "of Victoria shall be vested in the Governor with the advice of the Executive Council, "with the exception of the appointments of the officers liable to retire from office on political grounds, which appointments shall be vested in the Governor alone," and Mr. Herbert was pleased to add that he was to request that we would favour your Lordship with our opinion (1) whether the power conferred upon Her Majesty in the second clause of the Bill transmitted therewith, of appointing and removing at pleasure the officers named therein, is one which she can by commission, instructions, or other instrument delegate to the Governor, and, (2) if so, whether such delegated power would be conferred upon the Governor by sections 4 and 8 of the Draft Commission therewith, or what other course we would advise for that purpose ?

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

Report

That we think Her Majesty may by law empower a Governor to act for her, and to signify her pleasure without reference to Her Majesty in each particular case of such signification. But we doubt whether the 4th and 8th sections of the commission sent to us would be sufficient in their terms for the exercise of this special power, and we have therefore sent herewith such a clause as we think would be effective for the purpose.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

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

G. JESSEL.

0 16278.-690.

25.-5/86.

11 PUBLIC RECORD OFFICE, LONDON

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