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12 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 234.
(TRANSVAAL.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 5th August 1880.
We were honoured with your Lordship's commands, signified in Mr. Bramston's Transvaal letter of the 28th July last, stating that he was directed by your Lordship to request Govt. our opinion on the Convention relating to extradition concluded between the Officer Gazette, Administering the Government of the Transvaal and the President of the Orange 11 Feb. 1880. Free State, of which a copy was enclosed.
That it would be seen from the copy of the despatch from Sir Garnet Wolseley No. 92, therewith enclosed that the Officer Administering the Government of the Transvaal March 31, in negotiating that Convention was understood to have believed himself to have been 1880. invested with certain powers in that behalf which the Volksraad conferred upon the President of the South African Republic by a law passed in 1871; a copy of that law No. 3 of was also enclosed.
That the territory of the South African Republic was annexed to the British Dominions on the 12th of April 1877 by Her Majesty's Special Commissioner, Sir Theophilus Shepstone, who, in his proclamation, declared amongst other things as follows:--
1871.
"The laws now in force in the State will be retained until altered by competent Page 159, legislative authority."
That that proclamation, of which a copy was enclosed, had been twice approved by Her Majesty, but it was apprehended that those parts of the pre-existing laws which related to the office of President and the Republican institutions generally must be taken to have been superseded by the incorporation of the province with Her Majesty's dominions; and that the Administrator as such did not possess the powers conferred by law on the President, whose office' generally was described in articles 61 to 94 of the Grondwet or constitution, of which a copy was enclosed.
That a copy was also enclosed of the Commission under which Sir Owen Lanyon was acting when he conducted the Convention.
That on those facts Mr. Bramston was to request that we would advise-
1. Whether the Administrator of the Transvaal had the powers of the President under the Volksraad Law No. 3 of 1871.
2. Whether, if he had not, Her Majesty could now by express approval ratify and
give effect to the Convention concluded with the Orange Free State, and
3. Whether, if not, a short law by the local Legislative Assembly empowering the Administrator to do all necessary aots for carrying out the Convention would suffice
to legalise the custody and surrender of a fugitive criminal, or
C. 1776.
Grondwet.
7
4. Whether a law enacting at length the provisions of the Convention (similar to No. 19,
the enclosed Cape Act No. 19 of 1872) would be necessary.
5. Whether if Her Majesty could ratify and give effect to the Convention, legislation
was necessary to authorise the officers of the province to carry out its provisions.
In obedience to your Lordship's commands we have the honour to
That-
Report
1. We are of opinion that the Administrator of the Transvaal has not the power of the President under the Volksraad law No. 3 of 1871.
2, 3, and 4. We think Her Majesty can now by express approval ratify the Convention concluded with the Orange Free State, so as to give it full validity as an agreement with that State. But we think a law of the local Legislative Assembly will be necessary for the purpose of empowering the authorities within the Transvaal to do the necessary acts for carrying out the Convention in order to legalise the custody and surrender of a fugitive criminal,
A 12916.-221. 25.-12/84.
1872.