No. 117 NAI DFA 4/1

Handwritten memorandum from John J. Hearne to Joseph P. Walshe (Dublin)

Dublin, 5 September 1932

Termination of Appointment of Mr. James McNeill as Governor General


I submit herewith a draft of the Submission to the King in the above matter. The substance of the Submission is, of course, the advice to terminate Mr. McNeill's appointment. Such termination will, in my view, be a 'removal' within the meaning of paragraph III of the Letters Patent of the 6th December, 1922, constituting the Office of Governor General. As it is not the intention to advise the appointment of a successor to Mr. McNeill now, I think that the Submission should inform and advise his Majesty as to the interregnum, or, that such information and advice should be given in an explanatory memorandum to be submitted with the Submission. Furthermore, as the Letters Patent clearly contemplate that the exercise of the functions of the Governor General by the Chief Justice will, when it occurs, be a temporary arrangement merely, I submit that some reference should be made in the Submission (on an accompanying memorandum) to future advice in the matter of the exercise of those functions.

For the purpose of advice in the matter of the termination of Mr. McNeill's term of office nothing more is required than the first paragraph of the draft Submission herewith submitted.1 The King could not vest the powers and authorities of the office in any person or persons under the provisions of paragraph III of the Letters Patent, save upon advice; if no advice in that connection is tendered by the Minister, the provisions of paragraph III which relate to the vesting of the powers and authorities of the office in the Chief Justice will operate automatically subject to his compliance with the conditions therein mentioned.

John J. Hearne

1 Not printed.

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