TIlE COMMISSIONERS’ AWARD. 103

arbitrators, mutually chosen, should undertake the work. Theylaid down general principles, and left the details to be executed by others. According to his grace’s determina- tion, as expressed in his own words, “ It was very desirable that the commissioners should go into the inquiry unfettered by any conditions such as the assembly wished to impose.” The commissioners were enjoined by his grace “ to devote their efforts to framing such recommendations as should be de- manded by the equity of the case,” and their conclusions “would possess double weight if‘, happily, they should be

’ Their recommendations and conclusions were

unanimous.’ adopted unanimously; yet, in the estimation of his grace they, after all, amounted to nothing more than an expres- sion of opinion; for, said his grace, addressing the lien- tenant-governor, “I must instruct you, therefore, however unwillingly, to treat the commissioners’ award only as an expression of opinion, which, however valuable as such, cannot be made legally binding on the parties concerned.” If it was simply the opinion of the able men appointed as commissioners that was required, it could have been prob- ably obtaincd without the formalities of' a royal commission, and unaccompanied by some of the solemnities of a judicial tribunal ; and if these gentlemen had been aware that their investigations and decisions were to be so easily “put out of the way,” it-is certain they would never have eondescended to undertake the work; nor would the government or the legislature of the island have gone through business which they tltottght possible to come, through no fault of theirs, to so comical a termination. _

But, assuming that the commissioners had mistaken the nature of their functions in one or two particulars, on what ground could all their decisions be rejected? Because an error in judgment was committed in certain cases, was that