PUBLIC RECORD OFFICE
Reference :-
PLC.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
2
Mr. Bramston added that your Lordship would feel obliged by our favouring you with any observations upon the subject generally which might be of service to your Lordship should any similar question arise in other cases.
In obedience to your Lordship's commands, we have taken the papera into our consideration, and have the honour to
Report-
1. That in our opinion the islands in Torres Straits now in question have not been legally annexed to, and do not form part of, the Colony of Queensland in the sense in which we understand this question to be put, viz., o as to effect a complete fusion or incorporation. We have offered some observations upon the general subject in our Report to your Lordship of even date in the matter of the Cape Colony and the Penguin Islands which will explain this distinction.
2. That theso Islands may be effectually detached from that Colony and annexed to British New Guinea by means of Letters Patent followed by suitable legislation in the Colony and in the Possession. An annexation effected by Letters Patent and Colonial Statute can, in our opinion, be rescinded by like procedure unless some Imperial Statute forbids it.
The Most Hon. the Marquess of Ripon, K.G.,
&c.
&c.
&c.
• No. 80.
We have, &c..
R. T. REID. FRANK LOCKWOOD.
3744.
No. 80.
(CAPE.-GENERAL.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD.
Royal Courts of Justice, February 27, 1895. We were honoured with your Lordship's commands, signifiel in Mr. Bram ston's letter of the 22nd ultimo, stating that he was directed by your Lordship to transmit to us a copy of the Law Officers' Report of the 25th August last,* on the subject of
the Kermadec Islands.
"
That in that report it was stated that "cases where the constitution is given by Letters Patent appear scarcely to be in point, as the Colony may be treated as "capable of accepting variations of its Charter," and that in the following paragraph reference was made to the Acts 40 & 41 Vict. cap. 47. sect. 58, and the Act 23 Vict. 5 for uniting British Kaffraria to the Cape, as measures, which, by their enactment, cap. threw doubt upon the sufficiency of Colonial legislation coupled with an exercise of the Prerogative for effecting the annexation of territory to the Cape Colony.
That Mr. Brampton was to explain that it was important that the position of the Cape in the matter should be ascertained, for since the Ruport of Sir John Rolt and Sir William Bovill on the 8th November 1366,† in the case of the Penguin Islands, numerous portions of territory in South Africa, after becoming part of the British dominions, had been annexed to the Colony by Letters Patent and Colonial legislation, and, looking to the development of matters in South Africa, it was very possible that other cases of the same kind might occur in the future. Patent affecting the Penguin Islands and the Xesibi country were enclosed.
That copies of such Letters
That in the earlier times of the Colony laws were male by the Governor and Legislative Council under the authority of the Governor's, commission, which in those days was issued under the Great Seal, but by Letters Patent of the 23rd May 1850, addressed to Sir Harry Smith, thon Governor of the Cape, a Parliament was create'l to consist of the Governor, a Legislative Council, and House of Assembly, the details of the constitution of such Council and Assembly to be prescribed by Ordinances of the then present Legislative Council.
That an Ordinance for that purpose was accordingly enacted on the 3rd of April 1852 and ratified, confirmed, and finally enacted by Order in Council on the 11th of March 1853.
That under the power of amendment contained in the last clause of the Order in Council of the 11th March 1853, the Cape Parliament passed a Bill, No. 1, of 1872, to amend the Ordinance of the 3rd April 1852, and that that Bill received the assent of Her Majesty in Council on the 9th August 1872.
That it would be seen from Sir P. Wodehouse's Deзpatch, No. 50, of the 13th July 1864 (at page & of Parliamentary Paper of 10th February 1865, Correspondence relating to the annexation of British Ka fraria to the Colony of the Cape of Good Hope), that there were special reasons for proceeding in that case by Act of Parliament; and that the fifth paragraph of Lord Carnarvon's Despatch of the 16th August 1877 (page 24 of the Colonial Office print, African No. 135) gave the reason for inserting section 58 in the Act 41 & 42 Vict. cap. 47.
That Mr. Bramston was to ask us to be good enough to consider the papers and to advise your Lordship-
1. Whether, in our opinion, the Penguin Islands and the Xesibi country, and other territories dealt with by similar Letters Patent and Colonial legislation, had been effectually annexed to the Colony of the Cape of Good Hope.
2. If so, whether the opinion expressed in the report of the 25th August 1894 might be regarded as limited to New Zealand and any other Colony of which the boundaries were expressly defined by Act of Parliament.
That Mr. Bramston was to add that your Lordship would be glad to be favoured with any
observations upon the subject generally which we might feel able to make for your assistance.
• 95065.-3. 25.-9/95.
• No. 76.
↑ No. 431 (Vol. 2).