PUBLIC RECORD OFFICE
Reference :-
TTL C.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
That the difficulty as to the jury might have occurred to the Colonial Government at least as early as the date when the first set of Directors were committed for trial, i.e., in May 1895; and that if the advice of Her Majesty's Government had been sought then, or as soon as Sir W. Whiteway became aware that the Chief Justice would decline to sit in those cases, you would have consulted the Law Officers at once with the view of assisting the speedy administration of justice in the Colony. That the tardy appeal now made bore the appearance quite as much of further procrastination as of a genuine desire to bring the Directors to trial.
That in those circumstances you would be glad if we would advise fully- (1.) As to the best course for the Colony to take in the matter whether by providing for a Commission of three Judges from outside the Colony to decide upon the facts as well as upon the law; or by such better means as we could suggest.
(2.) Whether the course we should recommend would involve any difficulty in framing the requisite legislation. That, as at present advised, you were not disposed to take the responsibility of preparing a Bill for the Colony, as you had not the knowledge of the local statutes which might be required to avoid clashing with existing laws; and it might not be possible to anticipate all the objections which members might raise to its provisions in the Legislature. which consequently would not be properly met and answered. That you had no reason to suppose that the local draftsmen were not perfectly competent to draw the Bill.
We were further honoured with a letter from Mr. Bramston, dated the Sth ultimo, stating, in reply to an inquiry from this Department, that the Constitution of New- foundland had from 1832 been regulated by Letters Patont, and was now contained in the Letters Patent of 28th March 1876, from which it would be seen that the Governor was empowered, with the advice and consent of the Legislative Council and Assembly, to make laws for the peace, order, and good government of the Colony.
That the Constitution was temporarily suspended under the Act 5 & 6 Vict. c. 120, the preamble of which gave the history of affairs in that connexion,
That it was restored in 1855 by the Commission and Instructions to Governor Sir C. Darling, which had not since been altered.
a
That the Supreme Court was established by the Act 5 Geo. IV. c. 67, and by charter under the Great Seal, of which a copy was enclosed; and had also been the subject of local legislation.
That the documents affecting the Supreme Court might be of service to us in connexion with the Queensland precedent, to which effect was given by the Act of the Legislature of that Colony, No. 10, of 1892.
We have taken the matter into our consideration, and, in obedience to your com- mands, have the honour to
Report-
That we are of opinion that the matter can only properly be dealt with by legislation in the Colony.
It seems to us that under clause 5 of the Letters Patent the Colony has power to pass the necessary laws, and under clause 8 the Governor can appoint Judges or Com- missioners in accordance with any special legislation.
It is possible that the matter might be dealt with under the Newfoundland Judicature Act, but, having regard to the difficulties which have already arisen, we think it far better that there should be special legislation by the Colony.
We quite agree with the view taken by you as indicated in Mr. J. Bramston's letter. to us of the 22nd January last.
The Right Hon. J. Chamberlain, M.P.,
&c.
&c.
&c.
We have, &c.
RICHARD E. WEBSTER.
ROBERT B. FINLAY.
7258.
SIR,
No. 131 A.
(SOUTH AFRICA.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice, March 1, 1897.
We were honoured with your commands, signified in Mr. Wingfield's letter of this day's date, stating that, with reference to our he was directed to transmit to us a copy of a Despatch from the High Commissioner for Report of the 9th December, 1896,* South Africa regarding the Aliens Immigration Law of the South African Republic and the draft of the reply which, if we concurred, he proposed to send to the High Commissioner.
In obedience to your commands we have the honour to
Report-
That, subject to the slight alterations in italics we approve of the draft Despatch.
We have, &c.,
The Right Honourable J. Chamberlain, M.P.,
&c.
&c.
DRAFT.
MY LORD,
&c.
RICHARD E. WEBSTER. ROBERT B. FINLAY.
Downing Street,
March, 1897.
I HAVE the honour to acknowledge the receipt of your confidential despatch of the 27th of January enclosing a copy of one from the British Agent at Pretoria covering a translation of the reply of the Government of the South African Republic to the representations of Her Majesty's Government on the subject of the Alien Iminigrants Law, No. 30 of 1896.
The State Secretary in this reply contends that the terms of Article XIV. of the London Convention in no way exclude the application of police laws which the competent authority in the State may consider necessary for the maintenance of order and the protection and peace of its inhabitants, and that the requirement embodied in the words conforming themselves to the laws of the South African Republic," in Article XIV. supports his contention, as amongst such laws, Police Laws as well as Law No. 30 of 1896 take the foremost place.
Her Majesty's Government regret that they are entirely unable to accept the view that Law No. 30 of 1896 is an ordinary Police Law-within the terms of Article No. XIV. of, the Convention. That Article declares that all persons other than natives conforming themselves to the laws of the South African Republic shall have full liberty to enter, travel or reside in any part of the Republic. Law No. 30 of 1896 provides that such persons shall not be at liberty to enter or reside in the Republic unless they can show affirmatively that they have the means or ability to support themselves. The only condition imposed by the Convention is that they should conform to the laws of the Republic, but the new law imposes a further condition of a burthensome nature which it might be difficult for many of the poorer though perfectly respectable immigrants to satisfy. This condition is to be fulfilled by the production of a passport certifying means or ability granted by the Government of the country to which the Immigrant belongs and vised by a Consular official of the Republic, or by proof to the satisfaction of the Field Cornet or other official that the Immigrant is possessed of such means or is able to support himself.
Articles 5, 6, and 8 also impose positive burdens upon an alien travelling or residing in the Republic in excess of the condition laid down in the Convention. Articles 5 and 6 require an alien to take out a passport every three months or every year according as he is a passing traveller or a resident, and Article 8 requires him to show such passport on demand to any of the officers named thereon.
• No. 122.
4871-25-8,97 Wt 20260 D x 8 3