6072.
PUBLIC RECORD OFFICE
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TLC.O.
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885
10UBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
5
No. 192.
(CAPE OF GOOD HOPE.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD DUKE,
Temple, June 18, 1863. We are honoured with your Grace's commands signified in Mr. Elliot's letter of the 12th ultimo, stating that in our Report of the 24th December last, we lind stated our opinion that certain Letters Patent annexing what was there called the Transkeian territory to the Colony of British Kaffraria had taken effect, and were actually in force, although such Letters Patent had never been published in the Colony nor any action taken in pursuance of them.
And that he enclosed, for our consideration, the copy of a Despatch from the No. 17, Governor of the Cape of Good Hope, in which he requests a reconsideration of that 18 Feb. 1863. opinion, and points out the difficulties in which he will be involved if it should be necessary to act upon it.
And that your Grace would be glad to learn whether we consider that Sir P. Wode- house's Despatch contains sufficient grounds for modifying the opinion which we had formed, and if so to what extent.
It appearing to your Grace that whatever may be the legal value of the arguments alleged by Sir P. Wodehouse, it is very inconvenient that documents of this kind · should remain in force while unknown to the community which they affect, and in case we should adhere to the opinion we had already expressed, your Grace would desire to be informed whether we saw any objection to the passing of an Act of Parliament providing that any Letters Patent affecting any Colony should, in, the absence of any provision to the contrary, take effect from the date of their promul- gation in the Colony to which they might relate; and that no such Letters Patent heretofore issued should be deemed to have taken effect in any Colony before they were publicly made known, except that all acts purporting to have been done in virtue of such Letters Patent should remain valid.
And that if this were done it would probably be convenient to repeal the kindred Act 9 & 10 Vict. c. 91., respecting Letters Patent appointing Colonial officers, and to embrace its provisions in the proposed Act.
Mr. Elliot was also pleased to state that he was directed by your Grace to ask whether, in our opinion, the annexed Draft Bill could properly be submitted to Parliament for these purposes.
And to state that your Grace had been informed that the Act 9 & 10 Vict. was intended and understood to embrace India, and that your Grace presumes that the words of the draft will do so likewise.
Mr. Elliot was also pleased to state that he was further directed by your Grace to observe that the view taken by Sir P. Wodehouse of the powers which he possessCH under his commission as Higli Commissioner (of which a copy was annexed) appears open to much question.
And that your Grace entertains much doubt whether that instrument confers either within or beyond British territory any such power as Sir P. Wodehouse appears to suppose of granting land, conferring, jurisdiction, appointing magistrates, authorising the trials of criminals or imprisoning British subjects and others, on which point Mr. Elliot was directed by your Grace to call our attention to the 6 & 7 Vict. c. 9k., commonly called the "Foreign Jurisdiction Act," passed to regulate the exercise of Her Majesty's powers beyond the limits of Her dominions.
Mr. Elliot was also pleased to state that he was directed by your Grace to request that we would inform your Grace what instructions should, in our opinion, be given to Sir P. Wodehouse respecting the extent of his powers as High Commissioner and the mode and conditions of exercising them.
And that your Grace would be glad to receive our answer to those questions at our earliest convenience both for the information of Sir P. Wodehouse, and in order that the proposed Act may be passed during the present session.
16978.-31. 25.-2/80.
• No. 152.