CO885-(11-13) — Page 421

11,489.

PUBLIC RECORD OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

SIR,

No. 183.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 6th September 1878.

We were honoured with Mr. Meade's letter of the 22nd ultimo stating that he was directed by the Secretary of State for the Colonies to request that we would have the goodness to refer to our report to the Secretary of State for War, dated the 29th September 1877, on the subject of the proposal to enable local and temporary rank to be conferred on Imperial officers serving in South Africa, and that we would favour him with our further opinion under the following circumstances.

2. That doubts had been entertained whether a supplementary patent to the Governor of the Cape as such would sufficiently meet the case, inasmuch as his authority as Governor did not extend to Natal or the Transvaal, nor to those native territories in which officers were frequently serving beyond the British possessions. But inasmuch as both Natal and the Transvaal, as well as the native territories adjoining, were within the limits of the same military command as the Cape, and as it was very desirable that military arrangements (including the rank of the officers) should be uniform through- out the command, you were desirous that the powers of granting and recalling local rank which would be conferred by a supplemental patent or commission should also be exercisable, not only within the Cape Colony, but also within Natal and the Transvaal, and elsewhere within the limits of the military command, or, at any rate, that the officers holding such local rank should possess it wherever they might be employed within those limits.

3. That the Governor of the Cape was already appointed to be Her Majesty's High Commissioner by a Commission under the Royal Sign Manual and Signet, of which, and of a dormant commission to General Thesiger to succeed to the High Commission, Mr. Meade was to enclose copies.

4. That that Commission created an authority extending beyond the Cape Colony; and you desired to ascertain whether the power of granting local rank which should be effective wherever the officer bearing it might be employed in South Africa, including Natal and the Transvaal, might not be conferred upon the High Commissioner for the time being by means of further powers addressed to him in that capacity, and if so whether the draft instrument therewith transmitted was sufficient for the purpose, and whether it should be issued as Letters Patent or as a Commission under the Royal Sign Manual and Signet.

5. That as the question related to operations which were being carried on at the present moment in the field, Mr. Meade was to add that you would be much obliged by our replying as soon as we conveniently could.

In compliance with the request contained in Mr. Meade's letter we have the honour to

Report

That in our opinion Her Majesty may by virtue of her prerogative grant to the High Commissioner of South Africa for the time being, or to anyone else Her Majesty may select, the power to confer upon Imperial officers local rank, and to entitle them to bear such rank wherever they may be serving in South Africa.

The draft instrument submitted for consideration is sufficient to effect the proposed object.

The Right Hon.

Sir Michael Hicks Beach, Bart.,

&c. &c, &c.

We have, &c., (Signed)

JOHN HOLKER.

HARDINGE S. GIFFARD.

▲ 12916.-178. 25.-1281.

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