PUBLIC RECORD OFFICE
Reference :-
LITIC.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to
Report
(1.) That in our opinion the Governor may lawfully insert in all certificates of naturalization an exception of the capacity to take and hold freehold estate in the Colony.
(2.) So far as the ownership of real property is concerned we are of opinion that, upon the true construction of section XIII of the Bermuda Act, 1857, the wife of the naturalized person would not acquire, through her naturalization, the right to own real property which had been withheld from her husband by express exception in the certificate.
(3.) We think it advisable that the wife should be precluded from acquiring such excepted right by an express declaration in the certificate, and, in our opinion, the form of proviso set out in paragraph 3 of Mr. Wingfield's letter of the 7th March last is proper and sufficient for its purpose.
(4.) In our opinion the Governor cannot lawfully and properly be instructed to refuse all applications for certificates of naturalization.
&c.
The Right Hon. Lord Knutsford, &c.
&c.
We have, &c.
(Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
7848.
No. 209.
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, April 17, 1891. We were honoured with your Lordship's commands signified in Mr. Bramston's letter of the 12th ultimo, stating that he was directed by your Lordship to inform us that the rapid development of events in South Africa to the south of the Zambesi, the introduction of large numbers of European miners and others into territories which were not part of Her Majesty's dominions nor under Her protection, the actual occurrence of disorders within the existing Protectorate, and the danger of difficulties and disorder arising in Mashonaland and elsewhere within the British sphere of influence, had made it imperative that some extension of Her Majesty's authority in the territories above mentioned should be secured.
That the first step in that direction would be the extension of the Protectorate, and that in order to examine into the nature and extent of the jurisdiction and authority which Her Majesty possessed within a Protectorate both as regards the subjects of civilized Powers and as regards the Native rulers and inhabitants of the protected territory, your Lordship had caused to be prepared a Memorandum upon the subject, Memo. Feb which had been laid before Lord Salisbury and approved by him, and was now 1891. submitted for our consideration, together with the first draft of an Order in Council for giving effect to the views expressed in the Memorandum.
That that draft might probably receive further additions before it assumed its final shape for our consideration, but that it was believed that as now drawn it would sufficiently explain the principles on which Her Majesty's Government proposed to act, if, in our opinion, they would, after declaring & Protectorate, possess the legal powers for so acting.
That the broad outline of the draft Order was that, subject to such limitations as might be imposed by instructions, the powers and jurisdiction of Her Majesty would be delegated to the High Commissioner with power to legislate by proclamation for giving effect to those powers and jurisdiction, in respect, amongst other things, of the administration of justice, the raising of revenue, and generally the government of
all
persons who, for the time being, were entitled to Her Majesty's protection and subject to Her jurisdiction, while at the same time preserving, as far as the efficient exercise of those powers and jurisdiction permitted, all laws and customs regulating the civil relations of the Natives among themselves.
That Mr. Bramston was to add that the Order, if passed, would be supplemented by instructions directing the High Commissioner as to the manner in which, and the extent to which, he was to exercise the authority committed to him.
That Mr. Bramston was further to inforin us that while Her Majesty's Government had reason to believe that, under existing arrangements with regard to South Africa, other civilised Powers would acquiesce in, if they did not hold themselves entitled to demand, the exercise of control and jurisdiction by this country in those territories for which it had declared itself to be responsible, it was fully understood that, in the event of any foreign Power objecting to the powers and jurisdiction which it was proposed to exercise, Her Majesty's Government must either remove such objection or, on grounds of policy, take the responsibility of disregarding it.
That in addition to the draft Order in Council and Memorandum Mr. Bramston was to enclose the following documents referred to in the latter paper:-
Law Officers' Report to Foreign Office, 29th June 1887,† with the previous reports
mentioned in it.
General Act of Berlin Conference, 1885.
Charter of the Royal Niger Company, 10th June 1886.
Charter of the East Africa Company, 1888.
Debate in German Reichstag, 3rd February 1891.
General Act of Brussels Conference, 2nd July 1890.
Law Officers' Report to Colonial Office, 11th July 1890, with Order in Council,
30th June 1890.‡
That Mr. Bramston was to request that we would be good enough to take the papers into our consideration and favour your Lordship with our opinion-
1. Whether the views expressed in the Memorandum were sound, and might be
lawfully acted upon by Her Majesty's Government.
2. If so, whether the principles embodied in the draft Order were correct.
+
COPYRIGHT PHOTOGRAPH-NOT TO
BE REPRODUCED
PHOTOGRAPHIC.
• African No. 410.
E 65453.-13.
25.-4/91.
† No. 93a.
No. 182.