A.—2

16

for strengthening the representation of the self-governing colonies on the Judicial Committee of the Privy Council by the creation of four additional Law Lords, with seats in the House of Lords as well as on the Judicial Committee. 2. This proposed measure was regarded by Her Majesty's Government as affording a way of meeting the legitimate desire of the colonies for more effective and continuous representation on the Judicial Committee than that afforded by the arrangement embodied in the Act of 1895. 3. During the conferences with the Premiers in 1897 I called attention to the unsatisfactory nature of that representation; but the many other calls on the Premiers' time on that occasion rendered any discussion of the question impracticable, and in view of the near approach of the federation of the Australian Colonies Her Majesty's Government did not consider it desirable to press the matter. 4. The difficulties which arose in connection with the appeal clauses in the Commonwealth Bill satisfied Her Majesty's Government that the question should not be further postponed, so far, at any rate, as the improvement of the colonial representation was concerned. 5. The delegates, however, who had been deputed by the Australian Colonies to represent them in this country in connection with the Commonwealth Bill gave me to understand that those whom they represented would prefer that the proposed measure should not at that time, be proceeded with, and that Her Majesty's Government should as soon as possible, in consultation with the colonies, consider the whole question. The view of the delegates was confirmed by the Governments of their colonies, and, under the circumstances, Her Majesty's Government decided not to proceed with the Bill providing for the appointment of four additional Judges, but to take an early opportunity of consulting with the colonies upon the subject. 6. The two existing Courts, the House of Lords and the Privy Council, have their origin far back in history. Their traditions and procedure, and the form in which their decisions are conveyed, are widely different. These differences, which may be traced directly to the different sources from which the Courts originated and derived their authority, are of great historical interest, and reveal the persistence and at the same time the growth and vitality of English institutions. 7. From the point of view of sentiment, therefore, it would be desirable to endeavour to preserve as far as possible the associations of the two existing Courts. 8. Colonial suitors and their agents, moreover, are accustomed to the procedure of the one, while suitors in this country are accustomed to the other; and there is reason to believe that in the colonies there is a considerable body of public feeling in favour of retaining the present practice, under which the final decision on colonial appeals is the direct act of the Sovereign on the advice of the Judicial Committee. 9. The many, problems which arise in connection with a proposal to recast the Supreme Court of Appeal for the Empire are of such a nature that they can only be decided with the assistance of the best expert advice, and His Majesty's Government have no doubt that the colonies will gladly co-operate with them in the matter by sending as their delegates to confer with the Law Chancellor and the Law Officers of the Crown gentlemen representing the feelings and wishes of the colonies, and also fully qualified by their legal knowledge and experience to assist in the solution of a question so vitally affecting the common interests. 10. As the discussions of the Conference will be confined to this matter, and an early decision is desirable, His Majesty's Government would prefer that the number of delegates should be confined to a single representative of each of the three great groups of colonies—namely, one from Canada and Newfoundland, one from Australasia, and one from South Africa. 11. As, however, New Zealand has interests divergent to some extent from those of Australia, His Majesty's Government will be prepared, if it is desired by your Government, to receive a separate representative from New Zealand.