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PUBLIC RECORD OFFICE

Reference :-

TILLICO. 885

13 PUBLIC RECORD OFFICE, LONDON

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

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to the appointment of resident officers to advise and assist the king in the administration of the country.

(iv.) Whether if the Swazi king (a) in anticipation of encroachments upon his territory by inhabitants of the South African Republic, unchecked by their Government, or of the acts of that republic or its inhabitants tending to diminish his independence; or (b) after the occurrence of such unchecked encroachments or other acts, should seek to surrender his dominions to Her Majesty, would it be competent to Her Majesty without committing a breach of Article 12 of the Convention to accept such surrender, and declare Swazi- land British territory.

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

Report

1. (a.) That by Article 2 of the Convention of the 27th February 1884, it is provided that the Government of the South African Republic shall appoint Commissioners upon their eastern border to guard against irregu- larities, and all trespassing over the boundaries; in our opinion failure by the Government of the Republic to appoint such Commissioners and to do its utmost to prevent its inhabitants from making encroachments upon Swaziland would be a breach of the Convention on the part of that Republic; but if the Government of the South African Republic has fulfilled the conditions of the Convention and, in good faith, endeavoured to prevent such encroachments, the fact that the endeavour is not successful would not constitute such a breach; and in regard to this it must be noted that Her Majesty's Govern- ment is, by the same Article, bound, if necessary, to appoint Commissioners in the native territory.

(b.) The establishment of an independent republic in Swaziland by persons of whom some are inhabitants of the South African Republic would not be a breach of the Convention, unless it took place by the connivance, or with the assistance, of the South African Republic.

(c.) The annexation of Swaziland by the South African Republic would be a breach of the Convention.

2. That Her Majesty is not bound by the terms of the Convention to intervene actively to protect the independence of Swaziland.

We have no means of knowing whether there is any ground independently of the Convention on which the Swazis can found a claim for protection by Her Majesty's Government.

3. That it would not be competent to Her Majesty without a breach of Article 12 of the Convention to take Swaziland under Her protection in the recognised meaning of that expression, but Her Majesty's Government can. of course, exercise the powers of Article 2 of the Convention, which include the appointing of Commissioners to maintain order.

4. That upon an appeal from the Swazi king, Her Majesty might afford him any assistance required to protect the independence of his territory, but could not, without a breach of the Convention, accept the surrender of his dominions and declare them to be British territory.

The Right Hon.

Sir Henry Holland, Bart., M.P.

&c.

&c. &c.

We have, &c.,

(Signed) RICHARD E. WEBSTER.

EDWARD CLARKE.

3224.

SIR,

No. 85.

(NATAL.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

February 18, 1887.

We were honoured with Sir Robert Herbert's letter of the 10th instant, stating that he was directed by you to request our opinion on a question which had arisen between Her Majesty's Government and the Legislative Council of Natal with reference to the Governor's salary. That the present Legislative Council of Natal was created by Letters Patent, of which a copy was enclosed, bearing date the 15th day of July 1856.

That under that instrument it consisted of four non-elective members, who were to be officials nominated by the Crown, and 12 elective members.

That those numbers had been raised by subsequent legislation in Natal to seven (of whom two were not public officials) and 23 respectively.

That the administration of the Government of Natal was vested by the above-quoted Letters Patent in a Governor, or that, if no Governor should have been commissioned by the Crown, then in a Lieutenant-Governor, or that in his absence or incapacity or non-appointment, then by an administrator designated in the Royal instructions.

That the Letters Patent of 1856 also contained (Schedule E.) a small reserved civil list, amounting in all to 8,750%, whereof 1,2007, was appropriated for the Governor's salary.

But that in the year 1872, by fresh Letters Patent, of which a copy was also enclosed, a new and increased civil list was provided, amounting in all to 40,000l., and appropriating 2,000l. a year to the salary of the Governor.

reference.

That the Legislature of Natal had never acknowledged the power of the Crown to issue those additional Letters Patent; but that the Law Officers of the Crown had given their opinion in favour of the power of the Crown to issue those Letters Patent, in two reports dated the 27th of April 1872, and the 12th of February 1873, of which copies were enclosed for convenience of That since 1872 the matter had not been pushed to extremes between the Legislature and Her Majesty's Government; that the Legislature had passed cach year an annual appropriation law containing the following recital:- "Whereas the expenditure required for the establishments and services of the Government of the Colony for the year 18 including the expenditure already provided for under charter or law, is estimated at 1.," and appropriating the whole annual expenditure; and that those laws had been confirmed by the Crown from year to year, up to the year 1885, when provision was made by Law No. 17 (of which a copy was enclosed) for the service of the year 1886.

That it should be stated that up to the year 1879 it had been the custom to appoint to the Government of Natal a Lieutenant-Governor only, and that the salary as voted by the Legislature had been for many years 2,500l. a

year.

That in that year, Sir Garnet, now Viscount, Wolseley, was appointed Governor and paid from Imperial funds; that in 1880 be was succeeded after an interval by the late Sir G. Pomeroy Colley, also as Governor, on whose death the administration devolved temporarily on the officer commanding the troops, pending the selection of a civil Lieutenant-Governor, at the old salary of 2,5007.

That in the latter part of 1881 it became generally known in Natal that the appointment of Lieutenant-Governor would be offered to a gentleman holding a high position in the Civil Service in London; and that that gentleman being considered by the public and Legislature of Natal not to possess the requisito status and experience for the post, the Legislative Council (the ninth council since the Letters Patent of 1856) passed a resolution on the 25th of November

50069.-10. 25.3/87.

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