CO885-(11-13) — Page 369

5629.

MY LORD.

No. 135. traumaal (NATAL:)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with your Lordship's commands, signified in Mr. Malcolm's

Temple, 12th May 1877. lotter of the 9th instant, stating that he was directed to forward to us the accompanying copy of a Commission issued by Her Majesty to Sir T. Shepstone, and to request our attention to certain transactions which had occurred in connexion therewith.

That we would observe that the Commission, after directing an inquiry into the cause of the late disturbances in the territories adjacent to Her Majesty's Colonies in South Africa, empowered Sir T. Shepstone, if he should deem it necessary in order to secure the peace and safety of the said Colonies, by a proclamation under his hand, to declare that from and after a day to be therein named so much of any such territories as aforesaid as to him, should seem fit should be annexed to and form part of Her Majesty's dominions, and that Sir T. Shepstone was thereupon appointed Adminis- trator of such territories provisionally and until Her Majesty's pleasure should be more fully known; and that it was further provided that no such proclamation should be issued unless (among other things) he was satisfied that the inhabitants of any district to be annexed, or a sufficient number of them, or the legislature thereof, desired to become Her Majesty's subjects.

That Sir T. Shepstone acting under that Commission went from Natal in March last to the neighbouring republic commonly called the Transvaal Republic, which had been for some time the seat of grave disturbances with the native tribes. That he found the republic in a state of anarchy. That the taxes could not be collected, nor obedience to the laws enforced. That all trade was suspended and the public treasury empty. That he also found that a large proportion of the inhabitants were anxious that the country should be taken undor the British flag, as a means of protection against the hostile natives, who had already defeated the republic, and who were only restrained from overwhelming it by the presence of the British Commissioner.

That at the same time it was of the highest importance to the British colonies to prevent the destruction of the republic by the natives, inasmuch as such an event, if it were to happen, would certainly lead to a general up-rising of the natives, and an attack on the British Colonies, with all the horrors of a Caffir war.

That under those circumstances Sir T. Shepstone, after trying various methods of escaping from the perilous situation, had come to the conclusion that the emergency was so grave as to justify him in issuing a proclamation under his Commission. declaring that the Transvaal Republic should be annexed to and form part of Her Majesty's dominions, and that he was at the present time, your Lordship had no doubt, carrying on the government of the republic as Administrator.

That that step appeared to have been taken without, on the one hand, any act of cession by the President or the Volksraad (the legislature) of the republic, though at the instance of a large number of the inhabitants, and without, on the other hand, any exertion of force, though a corps of British soldiers had been encamped on the frontier of the republic, and had then it might be assumed (since the proclamation) marched into it.

That your Lordship had not yet received the terms of the proclamation, but that might be assumed to have contained a recital of the emergency, and a declaration that the republic was, from a date therein named, annexed to and formed part of Her Majesty's dominions.

That under those circumstances your Lordship desired to be advised as to what were the powers of Her Majesty of legislating for the Transvaal Republic. Was it to be regarded as a conquered colony, and had Her Majesty the same power of making arrangements by Order in Council for its constitution and government as in the case of other conquered or c.ded colonies? or, could be deemed to fall within the scope

of the Falkland Islands Act (6 Vict. c. 13) as extended by 23 and 24 Vict. c. 121?

▲ 12916-315. 25.-12 84.

PUBLIC RECORD OFFICE

Reference :-

CO. 885

12 PUBLIC RECORD OFFICE, LONDON

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

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