Enclosure to 2.0. letter Hay Kong &
1313
to Treasury 18.18.92 I to Colonial Office 19.11.
$428
future expenditure should the defence of the Colony subsequently necessitate the provision of other lands or buildings. (Paragraphs 5 and 6, Appendix B, No. 7; and paragraph 2 of No. 16.)
36. If the Colonial Office proposals were accepted, all expenditure on Colonial military lands and buildings would have to be provided by Votes of the Colonial Governments, without reference to valuable assets placed at their disposal, a process the difficulty of which the Government have had many recent opportunities of gauging. To adopt those proposals, therefore, would but add another to the many obstacles that already exist to obtaining from Colonies reasonable and equitable contributions towards the cost of their defence.
37. Paragraphs 1 to 46 of Appendix A show what the policy of the Government has been on this question for more than 60 years. In Mr. Campbell-Bannerman's opinion that policy has been reasonable and equitable, and no sufficient reasons are advanced for changing it in a way that would inevitably entail increased expenditure on Imperial funds.
A copy of this letter and its enclosures has been forwarded to the Secretary of State for the Colonies.
I have the honour to be,
Sir,
Your obedient Servant,
(Signed)
WM. WOODALL.
225
TOP PIN
Case to be submitted to the Law Officers of the Crown on the subject of Colonial Military Lands and Buildings.
In many colonies, lands and buildings, the property of the Crown, are held by the Secretary of State for War for defence purposes. Some of these properties passed into military possession immediately on the conquest of the colonies, others have been assigned, with or without deeds, by Colonial Governments, to the Military authorities.
In course of time as such properties became obsolete or useless for defence purposes, they have been dealt with in a variety of ways. In some cases they have been handed over by the military to the colony free from any conditions, in others they have been sold to the colony, in some cases they have been sold to private individuals, in other cases they have been exchanged with the colony for other properties, and in many instances they have been surrendered to colonies temporarily on special conditions as to user, or permanently, on condition that, if troops were again quartered in the places concerned, the colony would provide accommodation for them.
In the Mauritius, where a colonial military Crown property, no longer required for military purposes, had been sold by the Military authorities to a private individual, with a view to the proceeds being applied to the provision of other military accommodation in the colony, the question was raised as to the power of the Secretary of State for War to give a valid title to colonial military Crown lands which he only held in trust for defence purposes. (Appendix A.)
It was decided by the Law Officers that he could not give a title, and therefore, practically, that he could not, without the consent of the Governor, sell such properties in the open market. (Appendix A.)
A committee, representing the War and Colonial Offices and the Treasury, was then requested to consider how such properties should be dealt with. After disposing of the particular case which gave rise to its appointment, by recommending that the colony should complete the sale by giving a title, and that the full proceeds of the sale should be devoted to the provision of barracks on another site—recommendations which were approved and carried out—the Committee on 27th March, 1889, made the further report. (Appendix A.)
The Committee's recommendations were approved by the Secretaries of State for War and the Colonies and by the Lords Commissioners of the Treasury, and their substance was embodied in the Colonial Office circular of 9th June, 1890, and submitted to Colonial Governments for their "information and guidance unless" they had any serious objections of principle to urge against the proposal." (Appendix B, Nos. 1 to 9, and enclosures.)
The Committee laid down the principle, which was approved by the Government, that all such military properties and their values should be treated as part of a capital sum devoted to defensive purposes, and that when they are disposed of by sale, or by transfer to the Civil Government, their realized, or estimated, values should, as hereinafter detailed, be retained by the Colonial Governments, and be held by them available towards the provision of such other lands or buildings as it may subsequently be necessary to acquire for defensive purposes." (Paragraph 56 of Report, Appendix A.)
(436)-579w0
Enclosure to 2.0. letter Hay Kong &
1313
to Treasury 18.18.92 I to Colonial Office 19.11.
$428
future expenditure should the defence of the Colony subsequently necessitate the provision of other lands or buildings. (Paragraphs 5 and 6, Appendix B, No. 7; and paragraph 2 of No. 16.)
36. If the Colonial Office proposals were accepted, all expenditure on Colonial military lands and buildings would have to be provided by Votes of the Colonial Governments, without reference to valuable assets placed at their dis- posal, a process the difficulty of which the Government have had many recent opportunities of gauging. To adopt those proposals, therefore, would but add another to the many obstacles that already exist to obtaining from Colonies reasonable and equitable contributions towards the cost of their defence.
37. Paragraphs 1 to 46 of Appendix A show what the policy of the Government has been on this question for more than 60 years. In Mr. Campbell- Bannerman's opinion that policy has been reasonable and equitable, and no sufficient reasons are advanced for changing it in a way that would inevitably entail increased expenditure on Imperial funds.
A
copy of this letter and its enclosures has been forwarded to the Secretary of State for the Colonies.
I have the honour to be,
Sir,
Your obedient Servant,
(Signed)
WM. WOODALL.
225
TOP PIN
Case to be submitted to the Law Officers of the EC? Crown on the subject of Colonial Military Lands and Buildings.
In many colonies, lands and buildings, the property of the Crown, are held by the Secretary of State for War for defence purposes. Some of these properties passed into military possession immediately on the conquest of the colonies, others have been assigned, with or without deeds, by Colonial Governments, to the Military authorities,
In some
In course of time as such properties became obsolete or useless for defence purposes, they have been dealt with in a variety of ways. cases they have been handed over by the military to the colony free from any conditions, in others they have been sold to the colony, in some cases they have been sold to private individuals, in other cases they have been exchanged with the colony for other properties, and in many instances they have been surrendered to colonies temporarily on special conditions as to user, or permanently, on condition that, if troops were again quartered in the places concerned, the colony would provide accommodation for them
In the Mauritius, where a colonial military Crown property, no longer required for military purposes, had been sold by the Military authorities to a private individual, with a view to the proceeds being applied to the provision of other military accommodation in the colony, the question was raised as to the power of the Secretary of State for War to give a valid title to colonial military Crown lands which he only held in trust for defence purposes. (Appendix A.)
It was decided by the Law Officers that he could not give a title, and therefore, practically, that he could not, without the consent of the Governor, sell such properties in the open market, (Appendix A.)
A committee, representing the War and Colonial Offices and the Treasury, was then requested to consider how such properties should be dealt with. After disposing of the particular case which gave rise to its appoint- ment, by recommending that the colony should complete the sale by giving a title, and that the full proceeds of the sale should be devoted to the provision of barracks on another site--recommendations which were approved anıl carried out-the Committee on 27th March, 1889, made the further report. (Appendix A.)
The Committee's recommendations were approved by the Secretaries of State for War and the Colonies and by the Lords Commissioners of the Treasury, and their substance was embodied in the Colonial Office circular of 9th June, 1890, and submitted to Colonial Governments for their "information and guidance unless" they had any serious objections of principle to urge against the proposal." (Appendix B, Nos. 1 to 9, and enclosures.)
The Committee laid down the principle, which was approved by the Government, that all such military properties and their values should be treated as part of a capital sum devoted to defensive purposes, and that when they are disposed of by sale, or by transfer to the Civil Government, their realized, or estimated, values should, as hereinafter detailed, be retained by the Colonial Governments, and be held by them available towards the provision of such other lands or buildings as it may subsequently be necessary to acquire for defensive purposes." (Paragraph 56 of Report, Appendix A.)
(436)-579w0
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