217

A.—s

Then you come to the next page, whether there ought not to be a court on which not merely representatives of the particular part of the world from which the appeal came were sitting, but whether you ought to have the Privy Council of itself, consisting normally and ordinarily for all prposes of the representatives of all, or a good many, of the different parts of the British Empire. You must remember that that, concerns not only the self-govern-ing Colonies, but the Crown Colonies from which a good many appeals come, and India from which a great many of the appeals come. Of course if is a difficulty, though it is not an insurmountable difficulty, but it would make a very large court. No one would say that every place should be represented at all times, but it would mean a very considerable number of judges sitting. Still, if Australia, for example, or any other part of the British Empire, desire that their cases should be heard, not merely by the judges of the United Kingdom with the assistance of their own, but also by judges from other parts of the British Dominions, the Cape, Canada, India, and the Crown Colonies, and those countries are willing to send us the judges, we can have no objection. It seems to me to be a part of the autonomy of Australia or Canada, for example, that if they wish it done, they are the persons to decide whether it should be done. It is part of what, in the familiar language of this Constitution, is called the order and good government of the Colony. Then comes the still further stage, the third stage, and that is the fusion of the House of Lords into the Privy Council. It is a mere question of jurisdiction, because the persons are the same substantially, with the addition of larger numbers in the Privy Council. That is a proposal the effect of which would be to alter the tribunal to which English, Scotch, and Irish appeals have always gone—English appeals from time immemorial, and Scotch appeals since the Union in 1707, and Irish appeals since 1807. In the same way as the question of constituting a different tribunal for Australia could not be done without deliberation in Australia, so this could not be done here without being fully considered in the United Kingdom which it affects. This last stage directly affects the United Kingdom—whether they will alter the tribunal to which they have been accustomed. I must say it has hardly been discussed in the United Kingdom. We have been very busy about many other things as you may suppose. It has never been really discussed. It was brought forward by Mr. Chamberlain in April, 1900, and I think a few speeches and observations were made about it, but it has never been brought up since. Ido not think it has been ventilated in the Press beyond the idea, or what I would rather call, if I may, the aspiration that there should be community of judicial authority over- the whole Bnl Empire. The aspiration I think is felt, but it has never been thought out, discussed, or threshed out. Therefore, I cannot help thinking myself that it would be a pity to make an affirmation in such general terms as are contained in the Australian proposal because I think it is premature as far as the practical consideration of it in the United Kingdom is concerned. Bui I also feel thus : It is apparent that there is a sense in Australia that they are not altogether at ease in regard to Privy Council Appeals. lam sure the Privy Council is in regard to Australian cases an Australian Court, and what we ought to do is to try and satisfy the people in Australia not only that justice is done, but that every effort is made to do it, and as cheaply as possible. Before I turn to the other matter which I am afraid I must trouble you with, may I say a word in regard to what was said about delay? No complaint has been made, I think, but what really has happened is this : Since I have become Lord' Chancellor—and I only take that as the time because T know about it—beginning in 1906, 16 months ago, we put down

29—A. 5.

Seventh Day. 20 April 1907.

Imperial Court or Appeal. (The lx>rd Chanoellor.)