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4. If not, by what means could such power be conferred, and by what means could validity be given to previous decisions of Courts of the Resident Commissioner held at Mafeking.

5. Generally.

In obedience to your commands we have taken the matter into our consideration,

and have the honour to

Report

1. That the Proclamation of the 27th June, 1898, was not within the powers of the High Commissioner. He can only act within the limits of the Order in Council of the 9th May, 1891 Mafeking is not within these limits.

2. Nc

3. No. He must act within the limits of his jurisdiction.

4. An Order in Council as to the territory in question, and an Act of the Cape Parliament authorising such trials at Mafeking, would be necessary.

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SIR

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3. We have nothing to add.

The Right Honourable Joseph Chamberlain, M.P.

&c.,

&c.,

&c.

Consulta

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

Governm

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1EG-25Page 571

2

4. If not, by what means could such power be conferred, and by what means could validity be given to previous decisions of Courts of the Resident Commissioner held at Mafcking.

5. Generally.

In obedience to your commands we have taken the matter into our consideration, and have the honour to

Report

1. That the Proclamation of the 4th June, 1898, was not within the powers of the High Commissioner. He can only act within the limits of the Order in Council of the 9th May, 1891. Mafeking is not within these limits.

2. Nc

3. No. He must act within the limits of his jurisdiction.

4. An Order in Council as to the territory in question, and an Act of the Cape l'arliament authorising such trials at Mafeking, would be necessary.

3. We have nothing to add.

The Right Honourable Joseph Chamberlain, M.P.

&c.,

&c.,

&c.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

18055.

SIR,

No. 185.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, August 10, 1898.

WE were honoured with your commands signified in Mr. Lucas's letter of the 6th instant, stating that he was directed to forward to us the accompanying letter which you had received from Messrs. Hastie, Solicitors, of 65, Lincoln's Inn Fields, who had been consulted by Mr. Dubose as to the legality of his recent expulsion from Canada by the Government of the Dominion.

That Mr. Lucas was also to enclose a copy of the opinion given by us after consultation with the Lord Chancellor as to the course to be pursued by the Canadian Government with regard to Lieutenant Carranza's expulsion, and copies of the telegraphic correspondence which had passed between the Colonial Office and the Governor-General on the subject.

That it would be seen from the telegram, dated 7th July 1898, that that gentleman, and his companion, Mr. Dubose, undertook to leave Canada on Saturday the 9th ultimo, a formal requisition to that effect having been communicated to them by the Premier on the 30th June, but that Mr. Dubose, before his departure, recorded a protest against the legality of the action taken by the Government.

That Mr. Lucas was to request us to take these papers into our consideration, and to advise you as to—

(1.) What answer should be given to Messrs. Hastic's communication; and,

(2.) What instructions (if any) should be sent to the Governor-General in view of the prospect of Mr. Dubosc's returning to Canada.

In obedience to your commands, we have taken the papers into our consideration, and have the honour to

Report-

That we advise that Messrs. Hastie should be informed that their request for an apology and compensation cannot be entertained. They should also be informed that Mr. Dubosc can, during the war, be permitted to enter Canada only on assurances satisfactory to Her Majesty's Government that his residence in that country will not be utilized for any purpose of hostile operations against a friendly Power.

The Governor-General should be informed that Mr. Dubose should not be permitted, to enter Canada till instructions to that effect are sent to the Governor-General by Her Majesty's Government. Such instructions should be sent only if the Colonial Secretary be reasonably satisfied that Mr. Dubose proposes to return to Canada merely for the purposes of private business.

The Right Hon. J. Chamberlain, M.P.,

&c..

&c.,

&c.

We have, &c.,

RICHARD E. WEBSTER. ROBERT. B. FINLAY."