PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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(b.) Instructions to the Governor to be appointed.
(c) Draft of a commission appointing a Governor.
That Mr. Cox was to request us to take the matters into our consideration, and to
advise you :-
(1.) Whether upon annexation the laws of the Orange Free State would remain in force unless and until altered by legislation.
(2.) Whether such legislation could be effected by Order of Her Majesty in Council. (3.) Whither the inhabitants of the Orange Free State would become British subjects upon annexation, and, if so, whether such transfer by nationality would apply equally to inhabitants who were and who were not within the Orange Free State at the date of annexation.
(4.) Whether Her Majesty had power by Letters Patent to establish a Governor and to empower such Governor to enact laws and to appoint judicial and other officers,
(5.) Whether the annexation should be effected by Proclamation made by Lord Roberts in the Orange Free State, and, if so, whether it was necessary that a forma! commission under Royal Sign Manual and Signet should be issued empowering and directing him to do so, or whether such instructions from Her Majesty could be communicated through a Secretary of State.
(6.) Whether it was preferable that annexation should be effected by (a.) Proclamation, or
(b.) Order in Council, or
:-
(c.).By Letters Patent in this country, and the fact of the issue of such Procla- mation, Order in Council, or Letters Patent should be notified by Lord Roberts in the Orange Free State.
(7.) Whether the several drafts submitted were fit and proper for the purpose intended in each case, and, if not, in what respects they should be amended?
We have taken the papers into our consideration, and, in obedience to your commands, have the honour to
Report-
(1.) and (2.) That we answer questions one and two in the affirmative.
(3.) The inhabitants of the Orange Free State will become British subjects upon annexation.
It has, however, been usual in recent times to allow those who do not desire to become subjects of the conqueror to leave the conquered territory within a reasonable No time, and we think this course would properly be followed in the present case. such persons should, however, be allowed to remove to the Transvaal while the war continues.
The transfer of nationality ought not to be imposed on inhabitants who are not within the State, unless they return to it afterwards.
(4.) Yes.
5.) and (6.) We think, on the whole, that the annexation should, when the country has been conquered, be made by Order in Council, which should be proclaimed here and in the Orange River State.
Lord Roberts may be directed by cable to make such Proclamation, the terms of the Order in Council being cabled to him.
(7.) The drafts, as altered and initialled by us, appear to us to be fit and proper for the purpose intended in each case.
The Right Honourable J. Chamberlain, M.P.,
&c.,
&c.,
&c.
We have, &c,
R. B. FINLAY.
EDWARD CARSON.
15842
SIR,
No. 36B.*
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
May 18, 1900. We were honoured with your commands signified in Mr. Bertram Cox's letter of the 17th instant, stating that he was directed by you to inform us with reference to the case which was submitted for our opinion on the 12th instant, that for military reasons, it was desired that the annexation of the Orange Free State to Her Majesty's Dominions should take place at the earliest possible moment, and that supposing the constitutional measures contemplated in the Draft Instrument enclosed in Mr. Ber- tram Cox's letter of the 12th instant to be in all respects appropriate to the immediate circumstances of the Orange Free State, it might not be practicable to proceed by means of Orders in Council and Letters Patent as quickly as was desirable.
That Mr. Bertram Cox was therefore to ask us to favour you with our opinion
as to:-
1. Whether it was necessary that the act of annexation should be immediately followed by a declaration of Her Majesty's pleasure as to the form of Government to be established, as contemplated in the Draft Letters Patent, constituting the office of Governor, and Draft Instructions to the Governor which accompanied Mr. Bertram Cox's letter of the 12th instant.
2. Whether Her Majesty might by commission under the Royal Sign Manual and Signet empower Lord Roberts to annex the Orange Free State, and appoint him to be Administrator of the same until Her pleasure was more fully known, and if so whether the commission, of which a draft was enclosed, was fit and proper for that purpose.
3. Whether such a commission would enable Lord Roberts to take such measures as he might deem necessary for the peace, order, and good government of the territory, or whether words to 'this effect, and if so, what words, should be in- serted in the commission.
4. Whether in either case, the measures taken by Lord Roberts would require to be validated by subsequent instruments.
5. Whether it would be competent for Lord Roberts, and with a view of facili- tating the Government of the territory, desirable for him to proclaim martial law, and whether such proclamation of martial law would establish the conditions generally understood to be established by a proclamation of martial law in British territory, and not any special conditions established by the law of the Orange Free State, which it was believed regulated a proclamation of martial law.
6. Generally.
In obedience to your commands we have the honour to
Report-
1. That we answer the first question in the negative.
2. Her Majesty may by commission under the Royal Sign Manual and Signet empower Lord Roberts to annex the Orange Free State, and appoint him to be Administrator of the same.
The commission and proclamation as altered and initialled by us, appear to us to be fit and proper for the purpose.
3. We have inserted words for this purpose.
4. Validation by subsequent instruments would not be in strictness necessary,
but it will probably be expedient.
• The correspondence will be found printed in African No. 606.
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