24624.
2
5. Whether there was power by Order in Council under the Foreign Jurisdiction Act to enable aliens to take the oath of allegiance to Her Majesty as a condition of the right to vote for the election of members of the Legislative Council ?
6. Generally.
*
In obedience to your commands, we have taken the matters referred to us in Mr. Wingfield's letter into our consideration, and have the honour to
Report-
THAT we are of opinion that Her Majesty may by Order in Council provide for the naturalization of aliens within the limits of Southern Rhodesia. *
It is not material for this purpose whether Southern Rhodesia is a British possession or not. We think it is; but even if it is not to be so regarded, Her Majesty may by Order in Council legislate as to naturalization within Southern Rhodesia considered as a Protectorate. The 16th and 17th sections of the Naturalization Act do not negative Her Majesty's right to provide for naturalization in places out of Her dominions where She has jurisdiction-they merely deal with the effect of land laws made by the Legislatures of British possessions.
The Company could not provide for naturalization by Ordinance.
The Right Hon. J. Chamberlain, M.P.,
&C.,
&c.,
&c.
No. 199.
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
B.
Royal Courts of Justice, SIR,
1st November, 1898. WE were honoured with your commands, signified in Mr. Graham's letter of the A 17th ultimo, stating that with reference to our Reports of the 27th of April 1896, and No. 252, of the 30th of September 1897, he was directed by you to transmit to us a copy of a May 98. Despatch from the High Commissioner for South Africa enclosing the reply of the E. Trans. Government of the South African Republic to your Despatch of the 16th of October Despatch. last, on the subject of various questions at issue between Her Majesty's Government and c. 347. the Government of the Republic.
D.
5 Feb. 84.
F. Lord
Derby.
berlain. 26
That a draft of a reply which you proposed to send was also enclosed. That with 15 Feb. 84. regard to this draft Mr. Graham was to state that you did not desire to argue in detail G. Mr. Cham- the questions dealt with in Dr. Leyds's voluminous Despatch, but rather to close the Dec., C. 423. controversy for the present.
H. Mr. Cham- berlain, 2
11 March.
That Mr. Graham was also to say that doubts had been felt whether paragraph 9 of Despatches. the draft had not the appearance of waiving the arguments in the earlier part of the 1. Mr. Van draft, and that you would be glad to have our opinion as to whether this paragraph Boeschoten. weakened or strengthened the draft.
7 May 197.
C. 8721.
We have, &c.,
RICHARD E. WEBSTER. ROBERT B. FINLAY.
That Mr. Graham was to request that we would inform you whether we concurred J. Mr. Cham- in the terms of the draft Despatch, and that we would favour you with any observations 16 Oct. 97, upon it which we might have to make.
We have taken the matter into our consideration, and in obedience to your commands Convention. have the honour to
berlain.
C. 8721.
K Pretoria
L. London
Convention.
Report-
That we think the 9th paragraph of the draft Despatch had better be omitted. We would also suggest the omission of paragraphs 6 and 7. The language of Lord Derby there quoted seems to us rather to favour the view that the assertion of suzerainty eo nomine was given up while the substance was retained; and it certainly does not help the argument on behalf of Her Majesty's Government.
We venture to call attention to the passages in paragraphs 12 and 15 which we have bracketed in red ink.
We suggest for your consideration that it might be desirable to omit them. The first in paragraph 9 does not appear to us very appropriate to the tenor of the rest of the Despatch, and further its purport as well as that on page 12 has been already expressed in the Despatch of the Secretary of State of the 16th October 1897, paragraph 17.
Subject to these observations we approve of the draft Despatch as altered and initialled by us.
The Right Honourable
Joseph Chamberlain, M.P., &c., &c., &c.
We have, &c.,
RICHARD E. WEBSTER. ROBERT B. FINLAY
(DRAFT.)
High Commissioner Sir A. MILNER, &c., &c., &c.
SIR,
Downing Street, September
1898.
I HAVE the honour to acknowledge the receipt of your Despatch, No. 252 of the 4th of May last, enclosing one from Her Majesty's Agent at Pretoria forwarding
a translation of a note addressed to you on the 16th of April by the State Secretary of
• Nos. 107 and 156.
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5
PUBLIC RECORD OFFICE
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