CO885-(11-13) — Page 422

11,638.

PUBLIC RECORD

OFFICE

Reference :-

6

TELCO.

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

MY LORD,

No. 184.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

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

Temple, 9th September 1878. letter of the 16th ultimo, stating that he was directed by your Lordship to request our opinion on a question arising out of the following circumstances :-

44

That in a despatch of the 23rd of January last, the Earl of Carnarvon, then Her Majesty's Secretary of State for the Colonies, informed the Governor of the Cape of Good Hope that he thought that "should now be taken, and that the British flag should be hoisted at Walfisch Bay, but the step which has long been in contemplation that for the present at least no jurisdiction should be exercised beyond the shores of the bay itself."

That Walfisch Bay, Mr. Herbert was to explain, was a good harbour situated upon the west coast of southern Africa, and was not within the jurisdiction of any power. That there were, however, British subjects residing there, and that its possession by Great Britain was of importance to the trade of the Cape Colony.

That upon the receipt of the above-mentioned despatch the Governor of the Cape of Good Hope, through the Under Colonial Secretary, requested the senior naval officer on the station to direct the officer commanding H.M.'s ship "Industry" to visit Walfisch Bay, there to hoist the British flag, and to take possession of and to declare and proclaim the port, the settlement of Walfisch Bay, and the country immediately surrounding the same, for a distance inland to be determined by him (in consultation with a Mr. Palgrave, should that gentleman have been on the spot), to be British territory, in terms of a draft proclamation, therein enclosed.

That the necessary orders were given to Staff Commander Dyer, who proceeded in pursuance of them to Walfisch Bay, and there on the 12th of March hoisted the British flag, and issued a proclamation declaring the bay and a certain area (which he specified) to be British territory.

That Mr. Herbert was to enclose a copy of Staff Commander Dyer's letter of pro- ceedings, showing the formalities observed upon that occasion, and also a copy of the proclamation, which was expressed to be subject to the "gracious confirmation and disallowance" of Her Majesty.

That the original proclamation had been received through Sir Bartle Frere, Governor of the Cape of Good Hope, and that it was then desired to express Her Majesty's confirmation of the proclamation, and to provide for the annexation of the territory to the Cape Colony under certain conditions, which possibly would not be performed for some years.

That our opinion was requested as to whether the enclosed draft of Letters Patent were proper and sufficient for the above purposes, or whether it was desirable that the proclamation should be more specifically confirmed, and in that case whether Her Majesty's confirmation could be properly and effectually expressed in a despatch from a Secretary of State, or whether the confirmation should be by an order of Her Majesty in Council; or whether Letters Patent were necessary for the purpose, or preferable to either of the above-mentioned methods, and if so whether the words, written in the margin of the enclosed draft would be sufficient.

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

Report

That the enclosed draft Letters Patent (as amended by the insertion of the words written in the margin) are, in our opinion, proper and sufficient for carrying out the objects proposed.

▲ 12916.-916. 25.-12/84.

2

The confirmation of the proclamation contained in the draft Letters Patent, as amended, will have the same validity as a confirmation by a despatch from the Secretary of State, or by Order in Council.

We have, &c., (Signed) JOHN HOLKER.

HARDINGE S. GIFFARD.

The Right Hon. Sir Michael Hicks Beach,

&c.

&c.

&c.