CO885-(11-13) — Page 28

10691.

MY LORD,

No. 734.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

We are honoured with your Lordship's commands, signified in Mr. Holland's

Temple, October 28, 1871. letter of the 25th instant, stating-

1st. That in our report of the 20th instant upon a Colonial Act passed by the Cape Parliament for the annexation of Basutoland to that Colony, it was stated that it seemed to us that, the Act of the Cape Parliament having been passed with the Governor's assent and concurrence, if the Act is now reserved for the special assent of the Queen, as suggested by Sir H. Barkly, all will have been done which constitutional principal requires should be done.

2nd. That your Lordship understood us to mean that we concurred in Sir H. Barkly's suggestion, that the Act should be specially ratified and confirmed by Her Majesty in Council, instead of being allowed to remain in operation in the ordinary manner, that is, by informing the Governor by Despatch that Her Majesty will not exercise Her power of disallowance in respect of it.

3rd. That as the Colonial Act had been assented to by the Governor, and, as it appeared from the Official Cape Gazette just received, has been published in the Colony, and is now in actual operation, it cannot be "reserved" in the strict technical sense of the word for Her Majesty's pleasure; and to prevent any possible misappre- hension on that point, Mr. Holland was to request that we would inform your Lordship whether he had correctly understood our opinion.

4th. That Mr. Holland was to transmit to us the papers that were forwarded to us with his former letter of the 16th instant, and to request an answer at our earliest convenience.

In obedience to your Lordship's commands we have the honour to

Report

That we do not think any legal or constitutional objection can arise as to the validity of the annexation of Basutoland to the Cape Colony by the proceedings which have in fact been taken. It would certainly, in our opinion, have been better, as excluding all possibility of cavil, if the Act of the Cape Legislature could have been specially and formally assented to by the Queen in Council. But it is obvious that no kind of disrespect was intended to the authority of the Crown by the course pursued in the Colony, and we do not doubt that the assent of the Crown communicated to the Governor in a Despatch will be sufficient for all purposes.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

• No. 781.

We have, &c. (Signed) R. P. COLLIER.

J. D. COLERIDGE.

0 16978.-788.

95.-5/86.

PUBLIC RECORD OFFICE

Reference :-

mmimmimC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO