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PUBLIC RECORD OFFICE

Reference :-

TILLC.O.885

16 PUBLIC RECORD OFFICE, LONDON

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

No. 44.

(GENERAL: CAPE.)

LAW OFFICERS to COLONIAL OFFICE.

[Application of the Foreign Enlistment Act, 1870, to Griqualand West, Bechuanaland, and Pondoland.]

MY LORD,

Royal Courts of Justice,

August 14, 1906. We were honoured by Your Lordship's commands, signified to us by Mr. Graham in his letter of the 20th July last, stating that he was directed by Your Lordship to transmit to us a despatch from the Governor of the Cape of Good Hope, with its enclosures, raising certain questions with regard to the application of the Foreign Enlistment Act, 1870, to the territories of Griqualand West, Bechuanaland, and Pondoland.

That from a report of our predecessors in office, dated March 19th, 1904,* it would be seen that certain questions arose at that time with reference to the applica- tion of the Foreign Enlistment Act to certain British territories which had been acquired since the passing of that Act, and the Law Officers reported that in the case of Griqualand West legislation was necessary, and the Cape Government was informed to this effect in a despatch of the 14th April, 1906, the delay having been due to a proposal, eventually abandoned, to pass an Act of Parliament to deal with the matter.

That it would be seen that the Attorney-General of the Cape Colony raised the question whether, having regard to the provisions of the Griqualand West Proclama- tion, No. 2 of 1871, there was any necessity to legislate in respect of that territory, and further, whether, in the case of Bechuanaland and Pondoland, any legislation was needed having regard to the terms of the Acts of the Cape Parliament which annexed those countries to the Cape Colony.

That he was to request us to take those matters into our consideration and to report, whether we agreed with the views of the Attorney-General of the Cape or whether any, and what, legislation was necessary to ensure that the Foreign Enlist- ment Act should be in force in the territories referred to.

We have taken the matter into our consideration, and in obedience to Your Lordship's commands have the honour to

Report-

That (1) in our opinion, by virtue of the two Proclamations of 27th October, 1871, the Foreign Enlistment Act, 1870, was in force in Griqualand West when the Act No. 39 of 1877 took effect, and that that Act confirmed the continuance of the Foreign Enlistment Act in the province of Griqualand West after its annexation to Cape Colony. We think, therefore, that no legislation is required in Griqualand West. The principle of the decision in R. v. Jameson applies, we think, to the case of Griqualand West, the history of which in reference to the subject is very similar to that of Bechuanaland.

(2) It was decided in 1896, in K v. Jameson, 65 L.J.M.C., p. 225, that the Foreign Enlistment Act was in force in 1895 in Bechuanaland, both by virtue of the various proclamations which made it British territory and declared the Laws of Cape Colony to be in force there, and by virtue of the British Bechuanaland Annexation Act, 1895.

(3) The Pondoland Annexation Act, 1894, provides that Pondoland shall be annexed to and become part of Cape Colony, and that the two territories forming Pondoland shall be subject to the laws already proclaimed in Griqualand East and Tembuland, of which countries these territories form part. The laws of Cape Colony had been applied to Griqualand East and Tembuland by Proclamation, and

23 Wt 1649 10,06 D & S 5 25605

• No. 216 in Vol. VI.

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among these laws is the Foreign Enlistment Act, 1870, which had been proclaimed in Cape Colony. We think, therefore, that the Foreign Enlistment Act is in force in Pondoland and that no legislation is required.

The Right Honourable

The Earl of Elgin, K.G.,

&c., &c.,

&c.

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We have, &c.,

J. L. WALTON, per W. S. R. W. S. ROBSON.