No. 150 NAI DFA 4/1

Letter from Joseph P. Walshe to Sir Harry Batterbee (London)
(Personal) (Copy)

Dublin, 3 November 1932

My dear Batterbee,

Thanks for your letter of yesterday's date.1 I am sorry you found it necessary to convey to me the opinion of your Secretary of State. I presume, in doing so, all you wished to imply was that if Mr. de Valera asked your Minister's concurrence in advising His Majesty on the hypothesis that the points raised unofficially with you were the common province of both Governments Mr. Thomas would refuse.

That of course is not the position. The constitutional practice is that His Majesty acts exclusively on the advice of the Government of the Commonwealth concerned. The paragraphs relating to the appointment of Governors-General in the 1930 Report make that abundantly clear.

I am very grateful for the trouble you have taken in ascertaining un-officially the views of your legal advisers. If there were any official consultation in this matter it would naturally take place by Despatch or directly between Mr. Thomas and Mr. de Valera or their ad hoc representatives. In the circumstances I think you will agree that I am still in the position of having no knowledge of the views of your Secretary of State.

Yours sincerely
(Signed) J.P. Walshe

1 Not printed.

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