21,004.
2
By
(2.) The Council was fully constituted by the presence of Captain Bor. Article XIII. of the Instructions the senior military officer for the time being is a member of the Legislative Council, and the preliminary taking of the oath is not made a condition precedent to his becoming a member. In some cases it is so made.— See Article V. of the Letters Patent, and the sections of the Ordinance of 1877.
(3.) It is not clear from Section X. of the Ordinance of 1877, and Article XV. of the Instructions, whether extraordinary members of Council are intended to take the oath, but, upon the whole, we think it safer that they should if they are to act in any way as members of the Legislative Council, and not merely to advise.
As we understand the covering letter (paragraph 3) the three gentlemen appointed extraordinary members did take the oath on this occasion.
The Right Hon.
Sir Henry Holland, Bart., M.P.,
&c.
&c.
*
&c.
We have, &c.,
(Signed)
RICHARD E. WEBSTER, EDWARD CLARKE,
•
PUBLIC RECORD OFFICE
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH—NOT TO BE REPRODUCED PHOTOGRAPHIC-|
SIR,
No. 104.
(CAPE OF GOOD HOPE.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
17th October 1887.
We were honoured with Mr. Bramston's letter of the 4th instant, stating that he was directed by you to invite our attention to the Sth and 9th sections of the Cape Constitution Ordinance, which forms a schedule to the accompanying Order in Council of the 11th of March 1853 (Volume of Cape Statutes, First Parliament, page vi.); that those sections provide the qualifications of voters in the Cape Colony.
That Mr. Bramston was to transinit a copy of a despatch from the Governor of the Cape, dated 31st August 1887, covering an Act to which he had assented, known as the "Parliamentary Voters' Registration Act, 1887," together with the Attorney- General's report thereon, and a special report by the samo officer, both dated 21st July 1887. That our attention was particularly desired to the 17th section of that Act, upon which the question had been raised whether it was a violation of the above- mentioned Constitution Ordinance. That the Governor's despatch explained the circumstances under which that question had arisen.
That Mr. Bramston was also to enclose copy of a minute addressed by the Minister to the Governor on the 1st August 1887, which was an enclosure to a despatch on another subject, with which it was not necessary to trouble us.
That it would be observed from the Minute and from the Attorney-General's, Sir Thomas Upington's, Special Report of 21st July, that the Cape Government entertained no doubt that the law of 1887 was not at variance with the Constitution Ordinance. That in that opinion you entirely concurred, but that as the constitutional question had been raised by the opponents of the law, you desired to be favoured with our opinion.
That stress had been laid by the opponents upon certain explanations and illustra- tions of the law regulating the elective franchise drawn up by Mr. Porter, then Attorney-General of the Colony, and published at the Cape on the 1st of July 1853. That they were, it was stated,,intended to assist the inhabitants in determining whether or not they were entitled to be registered, and were not put forth or to be received as an authoritative exposition of the law.
That copies of those explanations and illustrations, so far as they related to the present question, were enclosed, viz., I. 1-13, VI. 1-6, and that Mr. Bramston was to suggest that this 17th section was not at all at variance with them, but on the contrary gives effect to their real meaning, and especially to that of paragraph I. 13.
That Mr. Bramston was therefore to ask us to take the enclosed documents into consideration, and to favour you with our advice whether,-
1. The 17th section of the Act is a violation of, or at variance with, the Constitution Ordinance above referred to.
2. Whether if it be in strictness at variance with the Ordinance the matter is not still one of purely internal concern with which it is competent for the local Parliament to deal.
As the matter pressed, Mr. Bramston was to ask to be favoured with a reply at our earliest convenience.
In compliance with the request contained in Mr. Bramston's letter, we have the
honour to
Report
That in our opinion the 17th section of the Act of 1887 is not at variance with the Constitution Ordinance, and even if it were it would be (by virtue of the Order in Council of 11th March 1853) within the competence of the local parliament, subject only to Her Majesty's power to disallow the Act with the advice of the Privy Council; and we should not recommend the exercise of that power in this instance, as in our
A 50069.-35. 25.-11/87. G. 29. E. & S.
2
judgment the matter is one of purely internal concern, with which it is reasonable that the local parliament should be permitted to deal.
We wish to add that, in our opinion, the new enactment is entirely consistent with the opinion and explanations of the late Attorney-General for the Cape-published on July 1st, 1853.
RICHARD E. WEBSTER.
We have, &c.,
The Right Hon.
(Signed)
Sir Henry Holland, Bart., M.P.,
&c. &c.
&c.
EDWARD CLARKE,