CO885-(11-13) — Page 562

3843.

PUBLIC RECORD OFFICE

19

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 274.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

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

Temple, March 1882. letter of the 15th ult., stating that it having been proposed to bring the ex-Zulu king Cetywayo to this country, a question had arisen as to what would be the effect of his removal from the Colony in its bearing upon the Cape Act under which he is at present detained, and also what would be his actual status after such removal.

That Mr. Herbert was to enclose an extract from a Despatch from the Governor of the Cape, with its enclosures, and also a copy of the Act of the Cape Legislature under which Cetywayo was held in detention; and he was to request that we would take the matter into our consideration, and favour your Lordship with our opinion upon the questions above referred to.

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

Report

That we are of opinion that if Cetywayo should be brought to this country, he cannot be received again into the custody of the Governor of the Cape of Good Hope without further Colonial legislation. The first section of the Colonial Act (No. 6 of 1880) speaks of a detaining and keeping as prisoner of war during the pleasure of the Governor; and if the detention comes to an end by the will of the Governor, we think a second period of imprisonment would not be justified by the present Act.

By visiting this country under the care and in the custody of persons named by the Imperial Government, Cety wayo will not cease to be a prisoner of war. and after the termination of his visit be dealt with (legally) for all purposes as if he He can during had from the moment of his capture been treated in all respects as a prisoner of war.

We think, however, that it would be expedient, if not necessary, that he should be replaced in the Castle, and restored to Imperial custody there, before being brought to this country.

We are aware that it has been suggested, and will probably be urged in the House of Commons, that if Cetywayo pass from the custody of the Governor of the Cape of Good Hope, he will have ceased to be a prisoner of war; and, although we do not entertain this view, we suggest that the policy of replacing Cetywayo in the usual position of a prisoner of war deserves grave consideration.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

We have, &c., (Signed) HENRY JAMES.

FARRER HERSCHELL.

▲ 39916.-954. 25.-19/84.