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PUBLIC RECORD OFFICE

C.O. 885

Reference :-

15 PUBLIC RECORD OFFICE, LONDON

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

We have taken the matter into our consideration, and in obedience to your com- mands, have the honour to

Report-

That (1) In our opinion the answer to this question is in the affirmative.

(2) Having regard to the fact that the l'acific Cable Act, 1901, was passed after the Federal Government had succeeded to the rights of the three contracting States, we think that it is necessary to amend the Act in order to place the Federal Government in the position of the States under that Act.

(3) We think a short amending Act, on the lines of the Bill drafted by Mr. Thring, would effect the object desired.

The Right Honourable J. Chamberlain, M.P., &c.,

&c.,

&c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

22430

No. 153.

(SOUTH AFRICAN CONSTABULARY.)

LAW OFFICERS to COLONIAL OFFICE.

[Questions arising out of the desertion of Trooper Moore while on active service.]

Royal Courts of Justice,

June 5, 1902.

SIR,

We were honoured by your commands signified to us in Mr. Bertram's Cox's letter of the 21st of May last stating that he was directed by you to request our consideration of certain questions which had arisen in respect of the desertion of Trooper F. J. Moore in South Africa while on active service,

That this man had been enlisted to serve in the South African Constabulary, a force established under a Proclamation made by Lord Roberts as Administrator of the Transvaal and Orange River Colony on the 22nd of October, 1900.

That in making this l'roclamation Lord Roberts appeared to have acted under the Commissions of the 21st of May, 1900, and the 4th of July, 1900, empowering him to aunex the Orange River Colony and the Transvaal, and appointing him Administrator of those territories with power to make and enforce all such laws as he might deein necessary for peace, order, and good government.

That under Section 6 of the Proclamation above referred to the members of the force were made liable to assist in the defence of the Transvaal and Orange River Colony, and to discharge military duties in connexion therewith when called upon so to do. That on the 11th July, 1901, the South African Constabulary was proclaimed a military force. That on the 10th of that month Moore deserted and was now apparently residing in this country.

That the offence of desertion was dealt with by Section 7 of the Schedule to the Proclamation No. 24 of 1900. That a deserter was made liable to the punishment mentioned in Section 8 of that Proclamation. That in the Orange River Colony there was at present no Superior Court within the meaning of this section, and, accordingly, that had Trooper Moore been arrested for desertion in the Orange River Colony, where apparently the desertion and taken place, he could only have been tried before the Court of the Magistrate of the District of a Board of Officers, and therefore could only have received a sentence of imprisonment not exceeding six months. That Section 9 of the Fugitive Offenders Act, 1881, however, appeared to provide that that Act should not apply to offences which are punishable by imprisonment with hard labour for a term less than 12 months, and that therefore it would seem that it would not be possible to arrest Moore and return him to the Orange River Colony in accordance with the provisions of that Act:

That Mr. Bertram Cox was to transmit to us a copy of a despatch addressed to Lord Milner on the 24th of January last, in which upon these grounds the view was expressed that it was not worth while to take any steps to have Moore extradited under the Fugitive Offenders Act.

That Mr. Bertram Cox was to transmit to us a despatch with enclosures dated the 21st of March, 1902, in which Lord Milner suggested that steps might be taken to have Moore arrested and sent to South Africa for trial by Court Martial under Military Law, should we concur as to the correctness of such procedure. That, in a minute from Colonel St. Clair (which formed one of these enclosures), the opinion was expressed that the non-commissioned officers and men of the South African Constabulary were under Military Law, and subject to the Army Act by Section 176 (3) of 44 und 45, chapter 58, Int that Colonel St. Clair seemed to be in error as to the view which he also expressed that Proclamation No. 24 of 1900 was made by Lord Roberts as Commander-in-Chief That Lord Roberts was undoubtedly of Her Majesty's Forces in South Africa. Commander-in-Chief, but that he was also, under Her Majesty's Commission, Adminis- trator of the Transvaal and Orange River Colony, and that the Legislative Proclamation No. 24 of 1900 was made by him, in your opinion, as Administrator and not as Commander-in-Chief. That this point, however, seemed to be immaterial for the purpose of the questions which had arisen.

12014-25-6 1902 We 2767

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