4389.
MY LORD,
No. 706.
(CAPE OF GOOD HOPE.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, May 4, 1871. We are honoured with your Lordship's commands, signified in Sir Frederic Rogers' letter of the 1st instant, stating—
Ist. That he was directed by your Lordship to state that a Griqua Chief named Waterboer, whose territory lies on the confines of the Cape of Good Hope Colony, and in which a considerable portion of the Diamond Fields lately discovered in South Africa are situated, had addressed a petition to the Queen praying that Her Majesty would proclaim her authority over Griqualand West, and to extend to the Griquas the protection and privileges of British subjects, and that Sir Henry Barkly, the present Governor of the Cape, had expressed his opinion that the period of uncertainty, both as regards the acceptance of Waterboer's allegiance and the system of Government under which the Diamond Fields were to be placed, ought not to be prolonged one moment longer than was absolutely necessary; and he requested that in the probable event of the Cape Parliament, on its being assembled this month, agreeing by formal resolution to take upon itself the fresh responsibility of Government, with the burden of maintaining any force that might be necessary, he might be allowed to adopt measures for annexing the whole or such portion of Waterboer's country as the Legis- lature might determine.
2nd. That, subject to conditions not material for the present purpose, Her Majesty's Government were prepared to adopt the Governor's proposals, and Sir Frederic Rogers were therefore to request that we would favour your Lordship with our opinion as to the legal means of effecting the annexation.
3rd. That in connexion with this question he was to transmit to us copies of Law 4 Sept. 1866. Officers' opinions, in 1866, and to state that a preceding opinion to which reference was 8 Nov. 1840.
made in that of 8th November 1866 was dated the 13th November 1863.+
4th. That he was likewise to enclose a Map showing the position of the Chief Waterboer's country.
In obedience to your Lordship's commands we have the honour to
Report
That we are of opinion that the Crown has the right in cases like the one before us
to accept a territory from a Chief, and to proclaim its own authority and appoint its own Governor over it, and that if your Lordship is prepared to advise the exercise of this right in this case, the right may be exercised without having recourse to the Imperial or Colonial Legislature. It is, however, so very doubtful whether the Crown could by its prerogative annex a territory to a Colony constituted as the Cape of Good We do not, how- Hope now is, that we could not advise such a course to be followed. ever, concur in the opinion of Lord Cairns, in which opinion he appears to have stood alone, that such annexation could only take place through an act of the Imperial Legislature. The proper course seems to us to be that indicated in the Report of Sir John Rolt and Sir William Bovill of the 8th November 1866, and the various steps recommended in that Report to be taken in the case of the Penguin Islands are the steps we should advise your Lordship to take in accepting the country tendered to the Crown by Waterboer, and afterwards procuring its annexation to the Colony of the Cape of Good Hope.
We have, &c. (Signed)
The Right Hon. the Earl of Kimberley,
R. P. COLLIER. J. D. COLERIDGE.
&c.
&o.
&c.
• Nos. 426 and 484.
† No. 220.
16978.-196.
CA. - 5/06,
PUBLIC RECORD OFFICE
Reference :-
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PIC.O. 885 11 PUBLIC RECORD OFFICE, LONDON
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