CO885-(13-15) — Page 19

I PUBLIC RECORD OFFICE

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Reference :-

EPELEC.O.885

13 PUBLIC RECORD OFFICE, LONDON

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Law No. 8 of 1881. Law No. 5 uf 1882.

No. 17 of

1985.

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1881, in the following terms:-"That as an inducement to Her Majesty's Government, to appoint as Resident Governor of Natal, as distinguished "from Lieutenant-Governor, an officer of the Civil Service of the Crown, of recognised standing and experience, this Council will be willing to increase "the Governor's salary to 4,0001. per annum."

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That that resolution having been telegraphed to the Earl of Kimberley, the then Secretary of State for the Colonies, his Lordship replied also by telegraph: "In compliance with the wishes of the Legislative Council as "indicated in resolution, I will recommend appointment of Governor at

salary of 4,000l., instead of Lieutenant-Governor."

That the Natal Estimates for the service of the year 1882, which had already been published with a proposal that the salary of the office should be 2,5007. a year, were accordingly altered, and a salary of 4,000l. a year provided in the Estimates as finally sanctioned by the Natal Appropriation Laws in 1882, of which copies were enclosed.

That the post of Governor, at 4,000l. a year, was offered to and accepted by Sir Henry Bulwer, who proceeded to the Colony and remained in administra- tion of the Government until the 23rd of October 1885, the salary of 4,0002. being voted in the succeeding years, 1882, 1883, 1884, by the two following Councils, the 10th and 11th.

That it should be mentioned that Sir Henry Bulwer also held whilst in Natal, without objection from the Legislature, the unpaid office of Her Majesty's Special Commissioner for Zulu Affairs, that is, for the affairs of Native Zululand beyond the Natal border.

That on the 14th of September 1885 Sir Henry Bulwer was gazetted in the London Gazette to the office of High Commissioner of Cyprus, and Sir Arthur Elibank Havelock, then Governor of Trinidad, with a salary of 4,000. a year, was gazetted to be full Governor of Natal, and Her Majesty's Special Commissioner for Zulu Affairs, in succession to Sir Henry Bulwer.

That on the 19th of October the Appropriation Law for 1886 (copy enclosed) passed the Legislative Council, it being then known that Sir A. Havelock was to be the new Governor, and that he would also be Her Majesty's Special Commissioner for Zulu Affairs.

That on the 18th of February 1886 Sir Arthur Havelock assumed his duties, and continued to receive the salary provided in the Appropriation Law for the year, viz., 4,000%

That in the latter part of 1886 a general election took place, and that on the 6th of December last the new Council, by a majority of votes, adopted an address to the Secretary of State in following terms:-

"1. That so long as his Excellency the Governor of this Colony occupies

a dual position as Governor of Natal and Special Commissioner for Zululand his salary as Governor of Natal should not exceed 3,0007.

2. That such a reduction is further rendered imperative by the necessity

of retrenchment in the cost of the Civil Service of the Colony.

3. That whenever Natal and Zululand are united under one Government, the salary of the Governor, in view of the added responsibilities of the office, should be increased to 4,0007”

That on the receipt of this telegram your predecessor telegraphed in reply. "Council not entitled to reduce Governor's salary during tenure of office. Appointments made in reliance on resolution of November 1881. Could agree to reduce successor's salary.'

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That that was said because the term of a Governor's appointment was six years, unless for some special reason Her Majesty should be advised to remove him before the completion of that term, and that the cost of assuming a Government was considerable.

That you had, however, learnt by telegraph from the Governor that the Legislative Council had passed the Estimates, reducing the salary and allowances of the Governer to 3,000l. a year, and also making reductions in all other salaries above 2501. a year. But that it was not believed that those reductions would bring the aggregate of salaries below the amount provided in the Letters Patent of 1872. That the Governor had reserved the Supply Bill for the signification of Her Majesty's pleasure.

That with reference to the recent address and action of the Council Sir Robert Herbert was to explain that, in addition to the reasons for that

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reduction, as stated in the address above referred to, dissatisfaction had been strongly expressed at the action of the Governor, in regard to his manage- ment of Zululand affairs and other matters, and that it was alleged that he had failed to pay due regard to the claims of the Legislature, owing to his previous Colonial experience having lain in Colonies which were without representative government. That that view was not shared by you.

That the circumstances of the case boing as stated, Sir Robert Herbert was to inquire

1. Whether in our opinion the resolution of the 25th of November 1881, having been acted upon in the first instance by Lord Kimberley, and having been adhered to until the present time, authorised Her Majesty's Government to offer to Sir A. Havelock the appointment of Governor for the ordinary term at 4,000l. a year; and,

2. Whether the resolution, in the circumstances above referred to, was of so binding a character upon the present Legislative Council as to disentitle them during the tenure of office of the present Governor, and without his concurrence and the sanction of the Secretary of State, to reduce the rate of salary which he had already been receiving; and,

3. Whether Her Majesty's Government, if 80 inclined, would be justified in disallowing the Appropriation Bill by which that reduction was effected.

That Sir Robert Herbert was to add that the question was one of urgency in point of time as the Estimates and Appropriation Bill would soon reach this country, and that ho was therefore to request that you might be favoured with our opinion at our early convenience.

In compliance with the request contained in Sir Robert Herbert's letter, we have the honour to

Report

1. That we are of opinion that the resolution of the 25th November 1881 authorised Her Majesty's Government to offer to Sir A. Havelock the appointment of Governor for the usual term at 4,000l. a year.

2. Having regard to the language of the Letters Patent of the 15th July 185, and the action which ensued upon the faith of the resolution of the 25th November 1881, we are of opinon that it is so binding on the present Legislative Council as to disentitle them, during the tenure of office of the present Governor, to reduce his salary.

3. Her Majesty's Government would be justified in disallowing the Appro- priation Bill by which such reduction is proposed.

We have, &c.,

(Signed) RICHARD WEBSTER.

EDWARD CLARKE.

The Right Hon. Sir Henry Holland, Bart., M.P.,

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