1220.
23,981 Question whether the passing of a law by the Volksraad of the South African Republic impos- ing certain conditions upon banks, and the exemption from those conditions of the National Bank, constitute a breach of the Convention of 1884.
•
Proclamation forbidding the export of arms and ammunition to Chili except for the Chilian Government. (See No. 220.)
ر
No. 1.
(CAFE OF GOOD HOPE.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
We were honoured with your Lordship's commands, signified in Mr. Bramston's
Royal Courts of Justice, 21st January 1884. letter of the 11th inst., stating that he was directed by your Lordship to forward
to us,-
1. An Act passed in 1871 by the Legislature of the Cape of Good Hope, annexing certain British territory called Basutoland to that Colony.
2. An Order in Council, dated 3rd November 1872, confirming the above Act.
3. A Bill providing for the disannexation of Basutoland from the Colony, passed by the above-mentioned Legislature, and reserved by the Governor for the signification of Her Majesty's pleasure.
4. The draft of an Order in Council, which it was proposed to pass at an early Council, for giving the Royal assent to the above-mentioned Bill and providing for the future administration of Basutoland.
That Mr. Bramston was to request that we would be good enough to favour your Lordship with our opinion-
1. Whether it was competent to Her Majesty to resume direct authority over a portion of her dominions which had previously been included in a Colony possessing a representative Legislature, provided the Colony, by its Legislature, assented.
2. Whether the enclosed Bill was a sufficient assent by the Colony, and whether the Bill, if assented to by the Queen in Council, would operate, when it took effect, to revest in Her Majesty full legislative and executive authority over Basutoland and its inhabitants, of whom, he was to add, the great majority desired that the Queen's direct rule should revive.
3. Whether the enclosed draft Order in Council was a proper and sufficient instru- ment for delegating to the High Commissioner for the time being all Her Majesty's authority in Basutoland, both legislative and executive.
4. Whether the dissentient minority among the Basutos would continue to be British subjects, and whether they could divest themselves of that status except by leaving the country.
That Mr. Bramston was further to request that we would favour your Lordship with any observations on the subject generally which might occur to us; and he was to add that your Lordship would be glad if we could oblige him with an early expression of our opinion, as it was necessary to complete the arrangements as soon as possible.
In obedience to your Lordship's commands we have the honour to
Report
That we are of opinion that, under the circumstances mentioned, it is competent to Her Majesty to resume direct authority over the portion of Her Majesty's dominions in question.
2. We think that the enclosed Bill is a sufficient assent by the Colony, and that such assent, coupled with the effect of the Order in Council, will be sufficient to revest in Her Majesty full legislative and executive authority to the same extent as it existed before the annexation in 1871.
3. We think that the Order in Council is sufficient for carrying into effect the object in view; but it seems to us that it would be well that the Order should commence by reciting that prior to the Order in Council of 1871 the territory of Basutoland was a part of Her Majesty's dominions, under the direct authority of Her Majesty, and that Part II. of the Order should commence by stating that Her Majesty resumes such direct authority. We also think it right to call attention to the fact that by section 3 the Disannexation Act comes into operation when the Governor shall by proclamation declare that Her Majesty has been pleased to allow the same.
The Order in Council
is, however, to take effect the day after the proclamation. This would seem to allow an interregnum, which might be inconvenient.
A
15927.-38. 35.-19/85.
PUBLIC RECORD OFFICE
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO