13,813.
PUBLIC RECORD OFFICE
T།། ། ། །
C.O.
Reference --
• 885
13 PUBLIC RECORD "OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
1
1549
No. 55.
(CAPE 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, July 9, 1889. letter of the 28th ultimo, stating that he was directed by your Lordship to inform us that a question had arisen with reference to the authority of the Officer administering the Government at the Cape under the following circumstances:-
That the office of Governor was constituted by Article I. of the Letters Patent of 26th February 1877, and that in pursuance of that article Sir Hercules Robinson was appointed to that office by the accompanying commission, dated 18th August 1880.
That Sir Hercules Robinson was now absent from the Colony on leave, and that Lieutenant-General Smyth was administering the Government, as Senior Military Officer, in pursuance of Article XI. of the Letters Patent.
That Sir Hercules Robinson had, however, tendered his resignation of the office of Governor, and that his resignation had been accepted, to take effect on the 1st of August, when his leave expired.
That Sir Henry Loch had been nominated by the Queen to succeed Sir Hercules Robinson, but that his commission as Governor had not yet been issued; that he would not take up the appointment for at least six months, and for most of that time would continue to be, as he was at present, Governor of Victoria.
That in the meanwhile the commission of Sir Hercules Robinson would not havo been cancelled, and that if Lieutenant-General Smyth could lawfully continue to act, under Article XI. of the Letters Patent, until the arrival of Sir Henry Loch, the commission would not be cancelled or revoked until it was superseded by that issued to the incoming Governor, which would be made out in the same terms as that of Sir Hercules Robinson.
That there could be no doubt that the Letters Patent were meant to provide for all cases in which a temporary administration might become necessary, but that the question had been raised whether after the resignation of Sir Hercules Robinson had been accepted and taken effect, the powers of the Officer Administering the Govern- ment could be held to be legally valid under Article XI. of the Letters Patent, in other words whether the resignation of a Governor, not on the ground of promotion to another Government, but with a view to leaving the service, was a "removal" within the terms of that Article, or whether the administrator might not be held to be acting in the absence of the Governor.
That Mr. Bramston was accordingly to ask us to advise your Lordship whether, in our opinion, General Smyth would, under the circumstances above stated, be lawfully administering the Government after the 1st of August.
We have taken the matter into our consideration. and in obedience to your Lordship's commands, have the honour to
Report
That, in our opinion. General Smyth would under the circumstances stated in Mr. Bramston's letter, be lawfully administering the Government after the 1st August. and until Her Majesty's further pleasure be signified, on the arrival of the newly appointed Governor.
The Right Hon. Lord Knutsford,
&c.
&c.
We have, &c..
(Signed)
&c.
RICHARD E. WEBSTER.
EDWARD CLARKE,
" 37014.-26. 23.89
}