CO885-(11-13) — Page 463

16,639.

PUBLIC RECORD OFFICE

Reference :-

CO. 885

12 PUBLIC RECORD OFFICE, LONDON

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

SIR,

No. 210.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 20th October 1879.

stern, with At- opinions.

tember 1879,

We were honoured with your commands signified in Mr. Bramston's letter of the 7th of October instant, stating that he was directed by you to transmit to us Minutes of Mini- copies of papers which have been received from the Governor of the Cape of Good torney-General's Hope on the subject of the detention of the Zulu King, Cetywayo, in custody as a prisoner No. 263, 9 Bep- of war, and to request that we would take these documents into our consideration, and and enclosure. favour

you with our opinion upon the points mentioned in Sir Bartle Frere's despatch of 9th September, viz., as to the necessity of any fresh legislation at the Cape to legalise the detention of Cetywayo as a prisoner of war or a State prisoner during Her Majesty's pleasure; and as to his detention after any proclamation of peace in Zululand, or any notification which might be taken as legal evidence of the termination of a state of

war.

Mr. Bramston was also to invite our attention to the Acts 56 George III. cap. 22 and 23., relating to the detention of Napoleon at St. Helena, and to state that it was supposed that the marginal note to paragraph 2 in Sir Bartle Frere's despatch might refer to Mr. Upington's opinion, which was received at the Colonial Office by the previous mail; but that should any further come to hand it should be transmitted at once for our consideration.

Mr. Bramston's letter of October 11 has also been received.

In obedience to your commands we have the honour to

Report

That while the status belli exists between Her Majesty and the Zulu nation we concur with the Attorney-General in the Colony, Mr. Upington, that no further legisla- lation is necessary for Cetywayo's detention as an alien enemy during Her Majesty's pleasure, but upon the return to a state of peace we think such legislation would be necessary to justify his continued detention.

The Right Hon.

Sir Michael Hicks Beach, Bart.,

&c.

&c.

&c.

We have, &c.,

(Signed)

JOHN HOLKER. HARDINGE S. GIFFARD.

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▲ 12916.-230. 25.-1984.