CO885-(11-13) — Page 25

10328.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

MY LORD,

No. 731.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, October 20, 1871. We are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 16th instant, stating :-

1st. That he was directed by your Lordship to transmit to us the copy of a Despatch from the Governor of the Cape of Good Hope, dated the 4th September, and of an Act which had been passed by the Legislature of that Colony for the annexation of the Basuto territory.

2nd. That, as would be seen from the preamble of that Act, Sir P. Wodehouse by a proclamation issued in March 1868 declared the tribe of the Basutos to be for all intents and purposes British subjects, and their territory British territory. The ques- tion subsequently arose whether that territory should be annexed to the Colony of Natal or to the Cape Colony, and by a Despatch of the 19th July last, Sir H. Barkly was informed that your Lordship approved of his proposal to the Colonial Parliament that Basutoland should be annexed to the Cape Colony under the provisions contained in the Draft Bill transmitted in his Despatch.

3rd. That the Act now sent over is substantially the same as the Draft Bill above referred to, but the question has arisen whether that Act, so far as it professes to effect annexation of that territory to the Cape, is not ultra vires of the Colonial Legislature, and whether such annexation could be properly effected otherwise than by the Queen by Letters Patent or Commission.

Upon that point Mr. Holland was to refer us to our Reports of the 4th and 8th May last, upon the proposed annexation of Griqualand to the Cape-

4th. That, unfortunately, it was not stated whether Sir H. Barkly had published a proclamation bringing that Act into operation, and it therefore became necessary to consider how to deal with the case, first, upon the assumption that the Act is, and, secondly, that it is not, in operation.

5th. That the questions then upon which Mr. Holland was to request that we would favour your Lordship with our opinion are-

1st. Whether it was within the power of the Cape Parliament to effect this annexa- tion of Basutoland to the Cape, or whether the Act so far as it purports to effect such annexation is ultra vires of the Colonial Legislature ?

2nd. Assuming the Act to be ultra vires, what course should in our opinion be adopted to make a valid annexation of this territory to the Cape, first, if the Governor has not proclaimed the Act, and, secondly, if he has done so ? 6th. That upon that part of the case it would be observed that the Governor suggested that the Act should be confirmed by Her Majesty in Council. But in case it should be thought that the difficulty would not be removed by such special con- firmation, it had been also suggested that it might perhaps be removed by sending out a commission to the Governor authorising him to proclaim annexation of that territory.

7th. That a copy of the proposed commission was annexed for our consideration, Griqualand together with a copy of the commission upon which it was framed, for annexing Commission Griqualand to the Cape, which latter commission was passed and sent out to the Governor in accordance with our report of the 8th May.*

8th. That if the Governor had not published the Act he could be instructed to defer such publication until he had proclaimed annexation under the commission. If he had published the Act the proclamation under the commission might recite that it was expedient to remove any doubts as to the validity of the annexation of Basutoland, and the Colonial Legislature might be requested to pass a short Act validating all Acts done in respect of that territory between the proclamation of the Act and the proclamation of annexation under the commission, and indemnifying the Governor, officers, and other persons in respect of such acts.

L

9th. That Mr. Holland was to add that your Lordship would be glad to receive our report at our earliest convenience as the Cape mail goes on the 24th, and if it

17 May 1871.

16376.-789. 25.-3,86.

• No 709.

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

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