§ MR. DARBY GRIFFITHsaid, he wished to ask Mr. Solicitor General, Whether it is within the competence of the Prerogative of the Crown, upon the advice of the Minister of the day, to alienate any undoubted territorial possession of the Crown or the country without the knowledge or consent of Parliament; and, if so, whether such exercise of the Prerogative is not, in fact, equivalent to the possession by the Government of an arbitrary power of such alienation of territory?
THE SOLICITOR GENERALSir, the hon. Member put the same Question to the noble Lord at the head of the Government not long ago. If the noble Lord had not answered the hon. Gentleman, I do not know that it would have been quite consistent with my duty to do so. Since the noble Lord did answer the Question, I may repeat the substance of his reply, without going into the argument involved in the question. There is neither law nor constitutional usage to make the assent of Parliament necessary to the cession of territories of the Crown unless the laws of this country have been introduced into those territories, or unless Parliament has legislated concerning them.
§ MR. DARBY GRIFFITHsaid, he wished to ask the hon. and learned Gentleman to explain the exact qualification he had introduced into his answer. The hon. and learned Gentleman said it was competent to alienate territory of the Crown without the as- 1808 sent of Parliament unless English laws had been introduced into the territory, or that it had been legislated for in Parliament. He wished, for example, to know whether the Crown possessed the Prerogative of ceding Colonies like Canada, Malta, or Gibraltar without the assent of Parliament?
THE SOLICITOR GENERALI really cannot argue the question with the hon. Member. When British subjects have settled in newly-discovered territories —not countries acquired by conquest or cession—they carry with them the laws of this country. In that case cession could not take place without the consent of Parliament. In the case of conquered or ceded countries, if Parliament had legislated concerning those countries, then I apprehend the concurrence of Parliament might be necessary.