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12 PUBLIC RECORD OFFICE, LONDON
No. 46.
(NATAL.)
LAW OFFICERS to COLONIAL, OFFICE.
MY LORD,
Lincoln's Inn, 14th January 1875, We are honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 1st December ultimo, stating that he was directed by your Lordship to request that we would peruse the letter addressed to the Law Officers from the Colonial Office by Sir H. Holland on the 24th April 1872, and their reply dated the 27th of the same month.
Mr. Malcolm stated that copies of this correspondence would be found marked on pages 152 and 165 of the accompanying printed volume, and he was further to direct our attention to the subsequent correspondence with Lieutenant-Governor Musgrave, which is also marked on pages 178, 179, 180, 181, 182, 183, 193, 210, 211, 212, 213, 226. 227, 262, and 263 of the same volume.
Mr. Malcolm stated that your Lordship is desirous to be informed-
(1.) Whether after considering the objections made, or alleged to have been made, in the Colony, we concur in the opinion of the Law Officers in 1872, that the Supple- mentary Charter issued in 1872 for amending the Charter of Government of Natal, dated 15th July 1856, was within the powers reserved to or possessed by Her Majesty, and is valid and effectual for the purposes which it was intended to secure.
on the
(2.) Whether in the event of the Colonial Legislature determining to contest the validity of the said Supplementary Charter in whole or in part, whether
rounds assigned by the Colonial Attorney-General on page 189, or on other grounds; and whether, by appeal before the Judicial Committee of the Privy Council, as sugges ed on page 193, or otherwise, we are of opinion that it and all acts done under
it would be sustained.
(3.) Whether we are of opinion that the Queen retains and possesses the full power to further amend and alter by Letters Patent the Charter and Supplementary Charters heretofore issued, and by such further Letters Patent (a) to revoke and alter the Constitution granted to the Colony, and to substitute for the partly elective Legislative Council of the Colony a Council wholly noninated by the Crown; (b) to increase to any extent that may be deemed fit the sums to be secured to the Crown by way of reserved Civil List; (c) to direct that certain matters (as, for example, all matters connected with the native inhabitants of the Colony and their government) shall be controlled and administered by the Lieutenant-Governor and Executive Council, without any reference to or interference by the Legislative Council; and
(4.) Whether we are of opinion that any such doubt exists upon any of the ques- tions herein submitted to us as would appear to render it necessary or expedient to obtain an Act of the Imperial Parliament to give effect to what has been or may be desired to be done.
As requested, we herewith return the volume which accompanied Mr. Malcolm's letter.
In obedience to your Lordship's commands we have taken these papers into con sideration, and have the honour to
Report
1. That the question whether the Supplementary Charter of 1872 is valid and effectual for the purposes which it was intended to secure is one of very considerable difficulty. Most constitutional writers lay down, in the broadest terms, the doctrine that where the Queen has once granted legislative institutions to a Colony Her Majesty cannot afterwards legislate for such Colony in any way.
The writers in question found this proposition, however, principally, if not entirely, upon the case of Campbell v. Hall (Loft's Reports and Cowper's Reports), a case decided by the King's Bench in 1774, with reference to the validity of a tax upon goods exported from the Island of Grenada imposed by the Crown after Letters Patent giving the Governor power to summon a Legislative Assembly had issued.
A 12916-44. 25.-12/84.