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In obedience to your commands, we have taken the subject into our consideration, and have the honour to
Report--
1. That the Orde☛ in Council of 29th December, 1887, does not, in our opinion, authorise the Legislature of the Colony to legislate in advance for future Protectorates. It confers power by Ordinance to give effect to such powers and jurisdiction as Her Majesty may before or after the Order in Council have acquired in the adjacent territories. Her Majesty must have acquired the power over these territories before the Colonial Legislature provide for its exercise. It is then their duty to consider what Ordinances may be properly applied, having regard to the circumstances of the territory.
2. The view taken by the Chief Justice of Sections 2 and 4 of the Statute Law Revision Act of 1895 seems to us not to be correct.
These sections do not and cannot convert into British territory any region which Her Majesty had not acquired as British territory. The only power conferred on the Colonial Legislature is, to provide for the exercise of the power and jurisdiction acquired by Her Majesty-there is no power to enlarge them, except in Her Majesty, and we are unable to see any ground for the theory of "automatic expansion Colony.
of the limits of the
3. These sections apply all the existing Ordinances of the Colony to all the adjacent territories where Her Majesty had at the date of the passing of the Ordinance acquired power and jurisdiction.
As regards subsequently acquired territory they are inoperative, as being in excess of the power conferred by the Order in Council of 1887, and they are inoperative in respect of Ordinances, if any, which confer powers in excess of the power of jurisdiction acquired by Her Majesty in the territories in question-the Colonial Legislature cannot confer any new power or jurisdiction on Her Majesty--it can only provide for the exercise of the powers and jurisdiction which She has acquired.
4. We have nothing to add.
29418.
SIR,
No. 235A.
(SOUTH AFRICA.)
ADMIRALTY to COLONIAL OFFICE.
Admiralty, October 26, 1899. WITH reference to your communication of the 24th instant, 29063/99, and to my letter of yesterday's date, respecting the establishment of Prize Courts in the Colonies of the Cape and Natal, I am commanded by my Lords Commissioners of the Admiralty to transmit, for the information of the Secretary of State, copy of the opinions of the Law Officers of the Crown and of the Queen's Proctor to the effect that a warrant should be at once issued to the Court in Natal, and that the Governors of the Cape and Natal should be instructed to issue a Proclamation of war having broken out, in the form previously settled by the Law Officers of the Crown, copy of which is attached.
My Lords concur in these views and also in the suggestion of the Queen's Proctor that the Governor of Natal be notified by telegram of the exccution of the warrant and be instructed to issue the prescribed Proclamation so as to give that Court the necessary power to act as a l'rize Court; and I am to ask if Mr. Chamberlain will give the necessary orders if he sees no objection.
The warrant is attached, also six copies of the Rules of Court. It is desired that the Court should sit at Durban.
I,
of
I ain,
&c.,
EVAN MACGREGOR.
Enclosure 1.
We have, &c.,
The Right Honourable Joseph Chamberlain, M.P.,
&c.,
&c.,
&c.
RICHARD E. WEBSTER. ROBERT B. FINLAY.
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(Governor and) Vice-Admiral being satisfied thereof
by information received by me, do hereby proclaim that war has broken out between Her Majesty and
SECRETARY,
Enclosure 2.
I send herewith a copy of the opinion of the Law Officers as to the course that should be adopted to constitute the Prize Courts at Durban and for Cape Colony. The Proclamation issued by the High Commissioner and the Governor of Natal is not thought to be sufficient, and I suggest that the High Commissioner should be instructed by telegraph to issue a Proclamation in the form in the documents settled last year by the Law Officers (sent herewith) so as to give the Court for Cape Colony its powers to act as a Prize Court under the warrant already sent out.
With regard to the proposed Prize Court at Durban, I suggest that so soon as the warrant has been executed by the Admiralty the Governor of Natal should be notified thereof by telegram, and he should be instructed to issue the Proclamation that war has broken out, in the same terms, so as to give that Court the necessary power to act as a Prize Court.
October 26, 1899.
DESART,
Queen's Proctor.
Enclosure 3.
We think the safer course will be at once to issue a warrant to Durban or any other place under the Commission of the 10th July, 1899. This having been done, a Proclama- tion should be made by the Vice-Admiral of each possession in which a Court has been constituted by this or any preceding warrant, that war has broken out between Her Majesty and the States of the South African Republic and the Orange Free State.
RICHARD E. Webster. ROBERT B. FINLAY.
October 26, 1899.
4531-27-1/1900 Wt 439 D&S 5
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PUBLIC RECORD OFFICE
Reference :-
TEC.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO |
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