CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 195

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force for many years and would suspect some ulterior motive.

They do not appreciate the position occupied by our Courts

of Law in such a matter. The Minister further expressed

to me a regret that it should be necessary to raise this

matter and to excite suspicions at a time when our

relations were very friendly. In these circumstances it

appeared to me to be a better course to amend the local

Ordinance so as to meet the objection raised by the Supreme

Court. This seemed to me to be the more feasible in that

the clause of the Treaty (to give effect to which the

Ordinance was passed) uses the words "Chinese Authorities",

and these words are repeated in the Preamble, though the

words "Chinese Government" have been substituted for them

in the body of the Ordinance. There is no reason to suppose

that the latter term was used in contradistinction to the

phrase in the preamble, and it is permissible to assume

that the terms used in the Treaty itself were carefully

and intentionally chosen, in order to give a wider

latitude than would be conveyed by the term "Chinese

Government". The Bill merely regularises the procedure

which has always been in force. 1

I have the honour to be, My Lord,

Your Lordship's most obedient,

humble servant,

Hangardh

Governor, &c.