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' -- 3. - * sº * - 3. - z **, 3. - a An - * - ...- ... * * * ; : " : * .. • * * {{< , , sº - 4. . . . ºx. . . . . . . . . * x r - - w - ". . . . . . . . . 2. - W. ra - - 4. .” W . ., " ? ! ºr . . . * * - * * - ‘…. . . .' * * “. . . . . ... : 3 •. ~~ - , , º, A * º a $. % i 3.- - ** º 5. F. § & * *. & *> .. ". 3-º 3 -º, 3. -- 3. : º, . . jº ... ºr ...&º º º 3. * ...: § jº vº, Y, a . . ; * - * 3ºz º.º. , * < *.....” 2. c ºxº~. * -,” 3 MOST EXCELLENT MAJES , -’ ” - . .” - . . . * f. v. * , , , , , , º, Y > * * N * * * *. * »ºt **. * ~ * % ‘....” * * * ** 3 * -- . . - :**, , , , , , t , S: * ..." . . . .. ** *** . , sº e º ', * ~ * *A & 2 ..." . ; ; ; a , º, *... º $. ; ::: **ś, ź. 3, … º. : º s - -- 2. s : ; s : w y º -° ' ' &| ·- *、、。--~~~~*********~~~~ · · · · · · T ·¿-?）， →º， J . . .« * * * * * * * * * * * * * * * Truſtrinutrintinuintinuºuntrºllinºltºn Truſt. Ritutiºnal untilalulture [2] CORRESPONDENCE Rl'SPECTING THE PROPOSED CONFERENCE OF DELEGATES ON AFFAIRS OF SOUTH AFRICA. 1}regented to botij żóttøeg of #3ariiauient by CGminanü of #2tr £biajeºtp. February 1876. I, O N D O N : - PRINTED BY HARRISON AND SONS, ST. MARTIN'S LANE, For HER MAJESTY'S STATIONERY OFFICE. [C.—1399.] Price 1s. 1d. TA B L E O F C O N T E N T S. 5 7 10 | 2 13 From or to whom. To Governor Sir H. Barkly, G.C.M.G., K.C.B. r| To Sir G. Wolseley, G.C.M.G., K.C.B. Governor Sir H. Barkly, (3.C.M.G., K.C.B. To Governor Sir H. Barkly, G.C.M.G., K.C.B. Governor Sir H. Barkly, G.C.M.G., K.C.B. To Governor Sir H. Barkly, G.C.M.G., K.C.B. Foreign Office . . & Cº. Governor Sir H. Barkly, G.C.M.G., K.C.B. To Governor Sir H. Barkly, G.C.M.G., K.C.B. Mr. Barrable .. - tº º To Governor Sir H. Barkly, G.C.M.G., K.C.B. Governor Sir H. Barkly, G.C.M.G., K.C.B. [190] Date. May 4, 1875 May 4, 1875 June 14, 1875 (Rec. July 10) July 15, 1875 June 21, 1875 (Rec. July 21) July 22, 1875 July 31, 1875 July 1, 1875 (Rec. Aug. 2) Aug. 5, 1875 A. Ul g . 10, 1875 July 16, 1875 (Rec. Aug. 20) Aug. 31, 1875 July 30, 1875 (Rec. Sept. 4) SUBJECT. Advancing reasons for the desire of Her Majesty's Government that a Conference of delegates, re- presenting the Governments of the two Dutch Republics, and those of Natal and Griqua-Land West, should be held at the Cape * & Transmitting copy of despatch of 4th instant to Sir H. Barkly respecting the Conference ques- tion, and requesting to be furnished with any observations on the subject which may occur to him sº tº tº º . . tº tº Reporting proceedings in Colonial Parliament with reference to Lord Carnarvon's despatch suggest- ing a Conference, for the purpose of considering certain questions of importance Acknowledging receipt of his despatch of the 14th ultimo, on the subject of the Conference, and alluding to various points in connection with the question . . tº º tº º & e * * Reporting result of motions in the Legislative Council respecting Confederation Requesting him to make public his Lordship's despatch of the 16th July .. Transmitting letter addressed to the Earl of Derby by President Brand on the subject of the boundary question, and requesting that Delegates may be received by the Secretary of State, for Foreign Affairs to discuss the matter .. Transmitting copy of letter addressed to the Presi- dents of the Republics and to Lieutenant- Governors of South African Colonies, inclosing copy of Lord Carnarvon's despatch proposing the Conference te © Communication of despatch from the Colonial Office of the 4th May last to the Governments of the two Dutch Republics, and to those of Natal and Griqua-Land West & ſº * Q Respecting Acting President Joubert's despatch on the subject of the Keate award, and expressing a hope that the proposed Conference of the South African States will lead to an adjustment of this and various other questions without further cor- respondence * * © º • * Submitting, for Lord Carnarvon's information, a copy of Resolutions of a meeting held at Queens- town, South Africa President Brand's request that Delegates may be , formerly received at the Foreign Office, with a view of settling the questions raised by the Orange Free State with respect to the exercise of British jurisdiction within the territory comprised in Griqua-Land West © tº dº º tº ſº Forwarding reply received from the President of the Orange Free State to Lord Carnarvon's despatch of the 4th May, proposing a Conference. b 2 Page 5 10 14 Y i v OF CONTENTS. TABLE No. in Series. From or to whom. 14 15 16 17 18 19 20 21 23 24 * G.C.M.G., K.C.B. To Governor Sir H. Barkly, G.C.M.G., K.C.B. Governor Sir H. Barkly, G.C.M.G., K.C.B. To Governor Sir H. Barkly, G.C.M.G., K.C.B. 39 ſº 32 Governor Sir H. Barkly, G.C.M.G., K.C.B. Mr. de Wet . . . . Mr, Chabard . . Governor Sir H. Barkly, G.C.M.G., K.C.B. To Governor Sir H. Barkly, G.C.M.G., K.C.B. Mr. Harries e e & © To Governor Sir H. Barkly, G.C.M.G., K.C.B. 92 93 tº ſº Date. SUBJECT. Governor Sir H. Barkſy, July 30, 1875 (Rec. Sept. 4) Sept. 6, 1875 Aug. 5, 1875 (Rec. Sept. 9) Sept. 11, 1875 . Sept. 14, 1875 Sept. 16, 1875 Aug. 19, 1875 (Rec. Oct. 1) Aug. 21, 1875 (Rec. Oct. 5) Sept. 1, 1875 (Rec. Oct. 5) Sept. 2, 1875 (Rec. Oct. 5) Oct. 14, 1875 Sept. 14, 1875 (Rec. Oct. 20) 4) O * - 9 Oct. Nov., 15, 1875 Nov. 15, 1875 1875, Transmitting two letters received from the Lieu- tenant-Governor of Griqua-Land West with reference to Lord Carnarvon's Circular of the 4th May, proposing a Conference of Representa- tives of the South African States and Colonies .. President Burgers' despatch of the 21st of August, 1874; readjustment of the boundary line, and postponement of the appointment of a Joint Commission for settling Mr. Keate's award, and other cognate matters tº tº gº Transmitting copy of reply from Acting President Joubert to Lord Carnarvon's despatch of the 4th of May, proposing a Conference of representatives of the South African States for the discussion of questions of common interest tº gº Acknowledges Governor's despatch of the 30th July, forwarding the reply from the President of the Orange Free State to Lord Carnarvon's despatch of the 4th May, proposing a Conference Acknowledging Sir H. Barkly's despatch of 30th July. As the constitutional changes which have been found necessary in Griqua-Land West have led to the termination of Mr. Southey's official connection with the Province, Lord Carnarvom is no longer in a position to avail himself of his services in relation to the proposed Conference . Acknowledging receipt of his despatch of the 5th ultimo, inclosing copy of President Joubert's reply to despatch from the Colonial Office of the 4th of May last ar Transmitting further Resolutions passed at public meetings in the Cape Colony in favour of the Conference proposed in Lord Carnarvon's des- patch of the 4th May last .. s & tº ſº Forwarding Resolutions passed at a public meeting held in Somerset East on the 19th July, 1875 .. Inclosing Resolutions passed at a public meeting held in the Town Hall, Port Elizabeth, on the 9th August, 1875 . . o ge e e de Transmitting copy of despatch from Sir G. Wolseley siating that the Government of Natal is prepared at any moment to enter into the Conference of Representatives of the States of South Africa Readiness of the Natal Government to enter into a Conference with the Representatives of the States of South Africa .. tº ſº tº gº © tº Forwarding Resolutions passed at a public meeting held in the Town Hall, Port Elizabeth, on the 9th September tº tº • • Approving the summoning of Parliament to hold without delay a special Session to consider the proposed Conference on the question of Con- federation & Cº. tº º * @ Communicating to him further conclusions which have been arrived at in connection with the subject of Confederation Requesting him to give immediate publicity to des- patch of the 15th instant, respecting the question of Confederation . . tº º tº ſº tº tº Page 18 19 20 21 24 25 27 29 TABLE OF CONTENTS. SUBJECT. No. in Series, From or to whom. Date. 29 Governor Sir H. Barkly, Oct. 20, 1875 G.C.M.G., K.C.B. (Ree. Nov. 22) Federation 30 : 9 Oct. 20, 1875 (Rec. Nov. 22) 3] 55 > 3 Oct. 23, 1875 (Rec. Nov. 22) 32 || To Governor Sir H. Barkly, Nov. 24, 1875 G.C.M.G., K.C.B. 33 3 * 2 3 . Nov. 24, 1875 34 * 5 35 ... Nov. 25, 1875 35 3 * 2 3 Nov. 27, 1875 36 Governor Sir H. Barkly, Nov. 10, 1875 37 38 39 43 44 G.C.M. G., K.C.B. To Governor Sir H. Barkly, G.C.M.G., K.C.B. Governor Sir H. Barkly, G.C.M.G., K.C.B. To Governor Sir H. Barkly, G.C.M.G., K.C. B. Governor Sir H. Barkly, G.C.M.G., K.C.B. Lieutenant - Governor Sir H. Bulwer, K.C.M.G. (Rec. Dec. ) Dec. 7, 1875 Nov. 16, 1875 (Rec. Dec. 10) Nov. 17, 1875 (Rec. Dec. 20) Nov. 19, 1875 (Rec. Dec. 20) || Nov. 24, 1875 (Rec. Dec. 20) Nov. 24, 1875 (Rec, Dec. 20) Dec. 23, 1875 Nov. 26, 1875 (Rec. Jan. 1 1876) Nov. 26, 1875 (Rec. Jan. 1 1876) Transmitting Ministerial Memorandum expressing an opinion that the interests of the Cape Colony would not be promoted by pressing forward at the present time the proposed Conference on * tº * † tº tº Submitting explanation of the apparent delay in communicating Lord Carnarvon's despatch of 4th May (Conference) to Dutch Republics Resolutions adopted at a public meeting in Cape Town, held for the purpose of expressing an opinion on the Conference question Respecting the reasons given by his Ministers for disagreeing with the views expressed in despatches from the Colonial Office of the 4th May and 15th July, on the subject of a Conference Acknowledging receipt of his explanation of the apparent delay in communicating copies of the Colonial Office despatch of the 4th May to the Governments of the two Dutch Republics tº º Resolutions adopted at a public meeting held in Cape Town for the purpose of expressing an opinion upon the Conference question .. tº C Requesting him to furnish translations of the Laws of the South African Republic and Orange Free State specially affecting the rights and status of natives, and of similar laws in force in the Cape.. Transmitting copy of the speech with which, on the advice of his Ministers, he opened a special session of the Cape Parliament * * © º Acknowledging despatch of the 10th November, transmitting copies of the speech with which the Governor opened a special session of the Cape Parliament * º tº O © tº Inclosing a Resolution of the Legislative Council expressing an opinion that such Conference is desirable, and that it is of the utmost importance to this Colony that it should be represented at such Conference .. ge tº tº gº * @ Resolutions in favour of the proposed Conference passed at a meeting at Fort Beaufort .. & © Transmitting copy of President Brand’s reply to Lord Carnarvon's despatches of the 12th Sep- tember and 31st August last, on the subject of the proposed Conference .. & º Q º Reporting decision of the House of Assembly re- garding the proposed Conference © & Q Q Proposed Conference of South African States. Submitting further views on the subject, and stating that there is reason to believe that the question of the representation of the Cape Colony is not likely to be favourably entertained Stating that a dissolution of the Cape Parliament is not necessary, at the present moment, to bring the Legislature and the constituencies into accord; and if unnecessary, then undesirable .. tº º Forwarding copy of the speech with which he closed the special session of the Parliament .. tº C. Transmitting Address and Resolutions of the Legis- lative Council of Natal relative to the proposed Conference in South Africa demonstrates that as the outlying communities become more settled, their policy tends to assimilate to that of the older Settlements; and Ministers are of opinion that any hasty attempt to set up a hard and fast rule for all would retard rather than advance their progress towards that union which is so much to be desired. \ 17. Ministers do not also feel warranted in pledging the Cape Colony to a course which would make it in the smallest degree responsible for the future management of Natal, where a new policy is now being inaugurated, which requires the greatest . possible care and a very considerable amount of extraneous aid to carry it to a successful ISSU e. 18. It is urged that the Conference is to be only deliberative. Ministers cannot, however, but feel that, by taking part in it, this Colony would, to a certain extent, be pledged, or at least placed, in an awkward and invidious position by any recommendation of a majority of the delegates with which it might not altogether agree; and they are con- ) vinced, moreover, that little or no practical good will arise from any Conference at the present time, while, on the other hand, questions would in all probability be mooted which had better not be touched upon until they are ripe for, and the time is at hand for, their settlement, and which will unsettle people's minds, create great confusion, and cause agitation most detrimental to the best interests of this Colony. 19. Ministers, in bringing the foregoing matters to the notice of the Right Honourable the Secretary of State for the Colonies, beg to express their thanks for the warm interest shown by Her Majesty's Government in the affairs of South Africa, and to assure him that feeling as they do the greatest loyalty and affection for Her Majesty, and having the utmost desire whenever they can possibly do so, consistently with the high trust reposed in them, to acquiesce in any proposals coming from Her Majesty's Government, nothing but the gravest sense of the possible difficulties and detriment likely to arise to this Colony has actuated them in adopting the course they have. : 20. Ministers, in conclusion, feel it incumbent upon them to bring to the notice of the Secretary of State the inconvenient and, they venture to think, unprecedented course adopted by an Imperial Delegate or Commissioner (Mr. Froude) in agitating and fomenting an agitation in the Colony against its Ministers and Legislature, upon --~~~~~<---------------~~~- --. an important question affecting its interests; a course, they submit, unknown in a Colony possessing free representative institutions, and likely to form a most inconvenient -------------->es precedent. *: They are and have been willing to give every consideration and publicity to any communication coming from his Lordship, or any properly accredited authority; but they are placed at a great disadvantage in having statements made under the sanction and with the weight of his Lordship's name at public meetings and the like. (Signed) J. C. MOLTENO. - P.S.–In connection with the last paragraph of this Memorandum, Ministers annex copy of a speech (just come to hand) delivered by Mr. Froude on the 9th instant, at a public meeting at Port Elizabeth. J. C. M. Inclosure 3 in No. 29. | Speech delivered by Mr. Froude at a Public Meeting held at Port Elizabeth on the i 9th September, 1875. r | [Extract from “Port Elizabeth Telegraph” of September 10, 1875.] . MR. J. A. FROUDE, M.A., then came forward, and met with a very hearty reception. The crowded assemblage rose in a body, and there was a spontaneous outburst of cheers. When these had subsided, he said, agreeable and welcome as it was to him to be present at that great meeting, it was not without some hesitancy that he had come to the conclusion that it would be right in him to attend it. When he landed at Cape Town he was informed almost immediately that it would be improper for him to take part in any public meeting at all, or in any way to express his opinions, except through the Responsible Ministers. Little as he liked it at first, on consideration he thought that under general circumstances it was very proper. It would be very wrong if emissaries were allowed to come from England and express views b gonistic to those entertained by the Ministry. It might lead to very unpleasant lts. He had endeavoured to the best of his ability to conform to Mr. Molteno's es. He felt it necessary, however, to speak once, because he could not allow the erse misrepresentations with which Earl Carnarvon's despatch had been disfigured o uncontradicted. Afterwards in travelling through parts of the Colony the people good enough on many occasions to receive him heartily and present him with esses. He endeavoured most scrupulously not to embarrass the Ministry. When isited this place a few weeks ago he believed, in their kindness, they had intended uring him; but he declined for the reasons he had stated. He also refused to go rahamstown and other places, and sometimes invented reasons, because he did not to throw upon the Ministry the odium of keeping him silent. It might be said, y now adopt a different course ? He could only offer as his excuse, that very ptional circumstances induced him now to come forward, but he was anxious not connect himself with any party, but to go with the whole people. He regarded- people of the Colony as being really in favour of the Conference. He was pleased Ye able to express himself before such a large and influential gathering. The pro- äings that evening had been deeply interesting to him, and gave him much satisfaction. was, perhaps, breaking through the forms of professional etiquette, but if he 're doing wrong the people of the Colony were fellow-offenders with him. (Laughter d cheers.) He had received many evidences of the popularity of this movemnt d had received resolutions passed by eighteen or twenty different communities in favour of Federation. If he were wrong he would ask Mr. Paterson to carry through Parliament an Act of indemnity for him. (Laughter and cheers.) He really thought, however, that Mr. Molteno did not wish to keep this restraint upon him any more. He could assure them that Lord Carnarvon, in recommending a confederation of the South African States, and in suggesting the holding of the Conference, was actuated [190] F ~t V 34 by a sincere wish to render, a service to all concerned. Constant difficulties were }s cropping up, which are very difficult to understand in England, and which could be very much better dealt with here, were there a union of different States under one general Government. In a certain sense there had been antagonism between the Free State Government and the Colonial Government, and the Dutch population generally sympathized with their brethren in the Free State. Then there were differences with the Transvaal Republic—disputes in Griqua-Land West—complaints about the treat- ment of natives in Natal. It occurred to Lord Carnarvon that if a conference could be held, and these differences satisfactorily arranged, what a blessing it would be to all concerned. If he could only extend to South Africa the system of Confederation, which had been so brilliantly successful in Canada, then all these difficulties would ! in this Colony which did not exist in Canada. There there were no independent Stat be considered, and however much it was to be regretted that England should have gr the neighbouring States their independence, still, having done so, no English Min would ever attempt to force or induce those States to join any Confederation under British flag. Their independence would be respected, and if they entered the unio would be entirely their own seeking, without the least attempt at pressure. The greatest disappear, and these mutual recriminations would cease. The success which had attended Confederation in Canada under his Lordship's direction and guidance made him most anxious to carry' out a similar policy here. The provinces of Canada a few years ago were but a few petty, half bankrupt States, apparently incapable of progress. A real statesman had grouped them together and a great nation has sprung up from them, and is advancing in progress by leaps and bounds, astonishing even their energetic neighbours in the United States. It is now the third greatest dependency in the world; the credit of Canada stands second to no country. Those provinces lately looked down upon now form a united nation which promises, ere long, to take its place among the great Powers of the world. There is nothing in the nature of things to prevent the same results in South Africa. It possesses a fineſ. climate, a better soil, races as energetic and vigorous. What is there to º South Africa growing to any extent it pleased ? (cheers). He would point out some of the advantages which would ensue from Confederation. These were not the days for small States. Small States make small men ; the parish makes vestrymen; the town makes, aldermen; the county small politicians; but it is the country which makes statesmen, and the greater the country the greater the statesmen. Not only were the statesmen of great countries great, but the minds and ideas of the individuals expanded ; their self-respect increased ; they became wiser and better men (cheers). Look at the Germans. Had they not grown taller since Sadowa (laughter). In an enlarging and prosperous State everything goes ahead and improves. Trade extends; shipping increases; railways improve the communication and increase the prosperity ; everything goes forward with increasing velocity. The battle is to the strong, and the race is to the swift. It has been the history of all Colonies that when young and weak the Mother Country has interfered and must interfere, although often misled with false information, which provokes irritation. As they grow stronger and larger, they are able to take upon themselves, and manage their own affairs with little or ing interference. The Imperial Government wishes to confine itself to the protecti the coast, leaving all internal affairs to be managed by the Colonists themse It was a well-ascertained fact that as colonists increased in importance and be self-governing, their loyalty to the Home Government, instead of diminishing, incr Were the several States of South Africa united, each of the integral parts would hav management of its own logal affairs. Ilocal wants and requirements would be fully but all questions of importance would be regulated by the Supreme Government." illustrate his idea of Confederation, he referred to the grand old oak tree with its m trunk, its spreading branches, its graceful leaves varying in form, but united organica one harmonious whole. He did not wish to suggest whether the Colony should form provinces or one in the proposed Confederation. The Ministry wished it treated whole, yet at one time a division into three provinces had been advised. They talked division into seven circles (laughter). He really thought seven were too many and too few, but this was a matter he did not wish to enter upon, There were circumst culty which Lord Carnarvon has to deal with in regard to South Africa is the native questº How are the natives to be governed 2 What is to be done with the vast coloured popula- tion which exists in the Colony, in Natal, in the Free State, and all along the borders, numbering nearly two millions of people, and as we have put a stop to their wars it is quite impossible to say to what extent they may increase. Of course he did not refer to this because he felt any danger to the white colonists. They should not think of danger, but <º 4 35 something must be done for them—justice must be rendered them. He did not speak of justice in the ordinary sense. They must try to make them worthy of freedom, by instilling into them industrious habits, and a purer system of morality. Real freedom exists, not in a man being free from restraints; it is found in the man who knows how to control himself, and devotes the life which God has given him to the benefit of himself and his fellow creatures. He had been told that the present system of treating the natives was perfectly good, and should not be interfered with : that the natives were improving and progressing, that the Basutos were buying ploughs, and that the missionaries were convert- ing them to something called Christianity. That was all very well; but, notwithstanding this perfect system, they would agree with him that there was one weak point in their treatment of the natives. The canteen is a constant and inseparable accompaniment. Truth and honesty belonged to the Kafir in his original state, but it is generally admitted that lying and stealing become more prevalent when brought under this excellent system. Drunkenness and vice have gone hand in hand in all that has been done for this people. } He was greatly astonished at the way in which the recommendations in Earl Carnarvon's first despatch had been received. There certainly could not be any harm in holding hat Conference. The minute attached to the document by the Ministry was ill-advised and not courteous to Earl Carnarvon. Still, he made allowance for the Ministry, and believed it was done hastily, and that since they had heard the expressions of opinion from the colonists, they regretted their undue haste. Various reasons have been given for the action taken by the Ministry. Some said they objected to the Conference because they feared the credit of the Colony would be shaken. How that reason could hold, he could not imagine, as the larger the State the better the security. Some had said that to carry out Confederation would be to destroy English influence, and probably to drive the English out of the Colony. He did not think there was much fear of that— the English and Scotch were not so easily driven out of any country (laughter). He would say that the Queen of England knew no difference in this Colony between Dutch and English, German and French. She knows also that she has no more loyal subjects in the British Empire than in South Africa. As regards the present position of the Conference, the Cape Colony is at present out of court, so far as the Ministry and the Parliament can speak for it. It was a hasty resolution, pushed through the House in twenty-four hours, but he was bound to respect it. The remaining States have not. refused; therefore it was his (Mr. Froude's) business to proceed to hold a Conference o' those States who elect to be represented to take place at Maritzburg, Natal. He was permitted, however, to exercise a little discretion, and he should prefer to see this Colony, which was the most important of the places interested, taking a leading part in the Conference. He should suspend the Conference for a few weeks, until he could ascertain what were really the wishes of the people of this Colony. He certainly considered that Mr. Molteno had acted from the very best motives, was thoroughly honest and sincere, and did what he thought the best to promote the advancernent of the Colony. | believed he regretted the action he had taken in respect to the minute, and from the bottom of his heart regretted that decision. |Mr. W. Jones: “I hope that he will have the honesty to say so.” Laughter.] In concluding, he said it was from the Parliament alone that he could accept authority to include the Colony as a party to the Confederation. He next spoke in complimentary terms of the manner in which the resolutions proposed w that evening had been supported by the various speakers, and thanked them for so warmly supporting Earl Cornarvon's proposals. He felt, also, deeply thankful to the Grahams- town people for having placed themselves side by side with Port Elizabeth in this movement. He hoped that the movement commenced that evening would extend through the Colony, and, reaching the Governor and the Ministry, would influence them in giving it their support. He was most desirous of knowing once for all whether the Cape Colony is to maintain her place as the leading State in South Africa, or go back and remain a | limited and a petty Colony. So far as Port Elizabeth was concerned, he had her answer in the expression of opinion given that evening. Mr. Froude resumed his seat amidst long continued cheering. F 2 36 No. 30 Governor Sir H. Barkly, G.C.M.G., K.C.B., ſo the Earl of Carnarron.--(Received - Norember 22. - My Lord, - Cape Town, October 20, 1875. JN despatch of the 5th of August,” acknowledging mine, whereby the transmission to the Governments of the two Dutch Republics of copies of the despatch of the 4th of May was announced, your Lordship expresses yourself as wholly at a loss to under- stand how I am led to doubt that that despatch should be communicated to the other Governments. concerned, whatever might be the decision of the Cape Government respecting it. - 2. With the utmost possible deference to your Lordship's opinion, I feel it due to myself to explain that my reason for hesitating to take this step until I had consulted Mr. Froude arose from the fact that, being quite unaware of the tenor of the com- munications which had passed between that gentleman and the Presidents of the respective Republics, I could not help being apprehensive of eliciting an unfavourable reply, especially from the Orange Free State, as though willing to avail themselves of the many advantages which a closer connection with this Colony presents, its Government might not, I feared, be so ready to entertain the proposal for a Conference if the Cape stood aloof. - 3. I was happy to perceive, from the favourable change which took place in the tone of the Free State press after Mr. Froude's arrival, that no harm resulted from the delay, which, after all, was of very brief duration ; the decision of both Houses of Parliament to abstain from taking part in the Conference not having been arrived at till the 16th of June, whilst the draft of my letter to President Brand was placed in Mr. Froude's hands on the 25th of that month, and transmitted on the 29th ; so that only two, or at most three bi-weekly posts were lost. e ) 4. Trusting that these explanations will at least satisfy your Lordship that I was anxious to do my best for the success of the Imperial policy, however 1 may for the moment have failed to interpret the directions conveyed to me. I have &c. (Signed) HENRY BARKLY. T No. 31. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon, (Received November 22.) - ~}- My Lord, * Government House, Cape Town, October 23, 1875. AT the request of Mr. Eustace, the Chairman of a public meeting recently convened in Cape Town “for the purpose of giving an expression of opinion upon the Conference question,” I have the honour to transmit for your Lordship's information copies of the resolutions adopted thereaf. º | 2. I likewise inclose copies of the only three Cape Town newspapers which report, in English, the speeches delivered on the occasion. It would seem from a comparison of the accounts they give of the proceedings, that both sides were well represented; but it is not denied that the majority was in favour of the course perused by the Ministry, which was supported in the strongest manner by Messrs. Fairbridge, Soloman, and Stigant, members for the city. The fourth member, Mr. Bam, is absent from the Colony. | 3. On the other hand I continue to receive addresses from country towns, both in the eastern and western districts, thanking me for re-assembling Parliament, and expressing the hope that it will reverse its decision of last Session. \ I have, &c. | (Signed) HENRY BARKLY. * No. 9. 37 Inclosure 1 in No. 31. Sir, - Cape Town, October 24, 1875. I HAVE the honour to inclose, for transmission to his Excelleney the Governor, copies of resolutions adopted by the public meeting held on Tuesday, October 19th, 1875. I have, &c. (Signed) JOHN J. EUSTACE, t The Hon. J. C. Molteno, Esq., Chairman of the Meeting. Secretary to Government. - Inclosure 2 in No. 31. Resoultions adopted at a Public Meeting, held at Cape Town, October 19, 1875. 1. THIS meeting, fully appreciating the interest taken by the Imperial Government in South African affairs, is of opinion, that for this Colony to take part in a Conference as directed by the Right Honourable the Secretary of State for the Colonies, would at the present time be impolitic and productive of no beneficial results. 2. That should the receipt of fuller information induce the Legislature so far to modify its previous decision, as to consent to take part in a conference on South African affairs, this meeting is of opinion that such consent should be conditional upon the constitution of the Conference; and that the subjects to be discussed thereat, be clearly defined and agreed to by the Colonial Legislature; and further that no resolution adopted by the Conference shall be binding upon any State or Colony till ratified by its Legislature or Government. & 3. That copies of these resolutions be forwarded to his Excellency the Governor for transmission to the Right Honourable the Secretary of State for the Colonies. … - (Signed) JOHN S. M. BROWN, Secretary to Committee. No. 32. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. Sir, Downing Street, November 24, 1875. I HAVE received your despatch of the 20th of October,” inclosing a Memorandum prepared by your Ministers, in which they state their reasons for disagreeing with the views expressed in my despatches of the 4th May and 15th July on the subject of a Conference.f º I request that you will inform your Ministers that I am obliged to them.for this statement of their views; and that although I may not be able to concur in all that it contains, I have no desire at present to enter into any further discussion of the matters in question, and that I feel sure that my abstention from doing so will not be mis- understood. I have, &c. (Signed) CARNARVON. * No. 29. # Nos, 1 and 4. 38 No. 33. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. Sir, JDowning Street, November 24, 1875. I HAVE received with satisfaction your despatch of the 20th of October,” furnishing an explanation of the apparent delay in communicating copies of my despatch of the 4th of May to the Governments of the two Dutch Republics, to which I adverted in my despatch of the 5th of August.f - I have, &c. (Signed) CARNARVON No. 34. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. Sir, Downing Street, November 25, 1875. I HAVE received your despatch of the 23rd ultimo, f forwarding copies of the resolutions adopted at a public meeting recently convened in Cape Town, “for the purpose of giving an expression of opinion upon the Conference question,” together with copies of newspapers containing reports of the speeches delivered on the occasion. . Into any examination of these I do not, of course, enter; but with regard to the resolutions which have been transmitted I must express my regret that, not- withstanding my full and published explanations, it has still been thought right by some persons to allege that I have “directed “ the Cape Colony to take part in a Conference. I have, moreover (although it should have been unnecessary to repeat so obvious a principle), already stated in the clearest terms that I can command, that no resolution arrived at by a Conference will bind any Colony or State represented, without the express concurrence of its Legislature. Trusting that the debates in the Cape Parliament may by this time have served to remove these and other misconceptions, I shall await the report of them before entering further into any detailed discussion of the subject. * g ; I have, &c. (Signed) CARNARNON. No. 35. * | The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. 'Sir, Downing Street, November 27, 1875. translations of the laws of the South African Republic and Orange Free State specially affecting the rights and status of natives. I should also be glad of copies of similar laws in force in the Cape Colony. I have, &c. (Signed) CARNARVON. * No. 30. + No. 9, ºf No. 31. IN view of the possible assembling of a Conference in this country upon South African affairs, I think it would be well if the Conference should have before it the materials for forming a judgment upon the merits of the legislation of the various South African States in regard to the natives. I have, therefore, to request that you will furnish me with \ | t 39 No. 36. Governor Sir H. Barkly, K.C.B., G.C.M.G., to the Earl of Carnarvon—(Received - December .) - My Lord, - Government House, Cape Town, November 10, 1875. I HAVE the honour to forward, for your Lordship's informntion, copy of the speech with which, on the advice of my Ministers, I this day opened a special Session of the Cape Parliament. - s I have, &c. (Signed) HENRY BARKLY. Inclosure in No. 36. The Cape of Good Hope “Government Gazette” Eatraordinary of Wednesday, November 10, 1875. & * Government House, November 10, 1875. THIS day his Excellency the Governor opened the third Session of the fifth Parlia- ment ºf the Colony of the Cape of Good Hope, the Legislative Council and House of Assembly being assembled in the State Room at Government House, and his Excellency was pleased to deliver the following Speech :- Mr. President and Gentlemen of the Legislative Council : Mr. Speaker and Gentlemen of the House of Assembly: - 1. Since the prorogation, by which your ordinary Session for the year was brought to a close, I have received a second despatch from the Right Honourable the Secretary of State for the Colonies on the subject of the Conference of Representatives of the several South African Colonies and States suggested by Her Majesty's Government. This despatch was as soon as possible published for general information, and will be formally laid before you, together with a Minute from my responsible Advisers, and a Memorandum framed by them in compliance with a desire expressed by the Earl of Carnarvon, setting forth the principal reasons which influenced them in the course they have pursued. They felt at the same time that the excitement created throughout the country during the last few months by the agitation of questions of the gravest consequence, incidentally raised by the proposals for a Conference, was of a nature seriously to embarrass the Government at a j time when the Colony is involved in undertakings which must tax its resources very heavily, and on the successful accomplishment of which its future prospects and prosperity materially depend. Under the peculiar circumstances of the case, I am confident that you will concur in considering that it was the wisest and most constitutional course to call together the Representatives of the people with as little delay as possible. - 2. Complications, which at one time threatened serious difficulties, have arisen amongst ‘ºtain of the Chiefs and Tribes in the country beyond the Kei. The measures adopted º Government, and the ability and firmness of its officers, have happily averted the dangº, and there is every prospect that the result will tend to the peacefulness and stability of that portion of South Africa. It is satisfactory to find that the natives con- cerned have shown a most gratifying dependence on, and confidence in, the justice and policy of the Colonial Government. | 3. The question of the Ocean Postal Service between this country and Europe having been referred by Her Majesty's Government to this Colony for arrangement and decision, the papers connected therewith will be laid before you. 4. You will be asked to sanction an alteration in one of the lines included in the railway scheme authorized by Act No. 19 of 1874, the effect of which will be to increase considerably the convenience of the public, and to cause a very large saving in the expenditure for that service. 5. The public works throughout the Colony are progressing satisfactorily, and the prosperity of trade and agriculture continues. • | 6. In consequence of the very unsatisfactory state in which the books of the Treasury, and more particularly the accounts of the funds temporarily deposited therein, were found to have been kept for a long time past, as well as of statements made by one of the officers of that department, my Advisers requested me about six months ago to appoint a Com- mission for the purpose of a full investigation. This Commission has made a Report, which | will be laid before you. I regret that it discloses a very unsatisfactory state of affairs. 7. I am fully aware that in calling you together at this unusual season I am asking 40 you to make no ordinary sacrifice, and to incur no small inconvenience. I rely, however, with confidence upon your sense of duty, and upon the readiness which you have always shown to subordinate your private interests to the good of the Colony, and I trust that your deliberations and discussions may be guided by wisdom and moderation, and that they may tend to the promotion of the welfare and good government of this Colony and of South Africa. No. 37. The Earl of Carnarvon to Governor Sir H. Barkly, K.C.B., G.C.M.G. Sir, Downing Street, December 7, 1875. I HAVE the honour to acknowledge the receipt of your despatch of the 10th November,” transmitting copies of the speech with which you on that day opened a special Session of the Cape Parliament. : I have also received a copy of a notice of motion given by Mr. Molteno, to the terms and language of which, I fear, I shall be compelled to take exception; until, however, I receive the report of the debate upon it I shall reserve all expression of opinion. I continue to await with interest the action of your Legislature upon a question which the course of events has confirmed me in believing to be of the highest importance to the Cape as well as to the other Colonies and States of South Africa; and I may add that I at present see no reason to alter the opinion which I have expressed in recent despatches, namely, that, whatever may be the results of these proceedings in Parliament, it is likely to be convenient for me to give and receive information and explanations on many points, by means of personal communication in this country with some of the leading representatives of opinion in South Africa. g • - I have, &c. (Signed) . CARNARVON. No. 38. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon.—(Received December 10.) My Lord, Government House, Cape Town, November 16, 1875. I HAVE the honour to communicate to your Lordship, in accordance with the desire expressed therein, an Address presented to me by the iº. Council of this Colony, declaring the speech, with which I, as advised, opened the Session on the previous day, “unsatisfactory" in so far as it failed to convey any recommendation to the Legislature to agree to the Conference suggested by Her Majesty's Government, and recording the opinion of the Council that such Conference is desirable, and that this Colony ought to be represented thereat. * * i. 2. It will be seen from the copy of the Minutes inclosed that this Address wº adopted by nine votes to six. I likewise forward, for your Lordship's information, the Cape Town newspapers of the following day, which contain reports of the speeches delivered on the occasion. s 3. In the House of Assembly, a debate commenced last Friday (12th instant), or a resolution moved by the Honourable Mr. Molteno, to the effect that the interests of the Colony would not be promoted by such Conference, to which an amendment has beer: proposed by Mr. P. Watermeyer, that your Lordship's invitation ought to be accepted and delegates appointed to represent the Colony. - . 4. The discussion will probably last for some days longer, and the result of the division cannot be predicted with any confidence. - * 5. It is generally supposed, however, that Ministers will be in a majority, especially as they consented yesterday to the addition of a rider pledging the House to co-operate, if desired, with the Imperial Government in settling the difficulties which have arisen out of the extension of British jurisdiction over the territory known as Griqua-Land West. * g * - - I have, &c. (Signed) HENRY BARKLY, } t * No. 37. | 41 Inclosure l in No. 38. Legislative Council, November 12, 1875. To his Excellency Sir Henry Barkly, G.C.M.G., K.C.B., Governor of the Colony of the ; - Cape of Good Hope. Address of the Legislative Council, in pursuance of a Resolution adopted on the ! lth instant. - May it please your Excellency— I BEG leave to present to your Excellency the following Resolution :- “That the speech delivered yesterday by his Excellency the Governor, in so far as it has failed to convey any recommendation to the Legislature to agree to the Conference suggested by Her Majesty's Secretary of State for the Colonies in his despatch No. 39, is unsatisfactory, and that this Council is of opinion that such Conference is desirable, and that it is of the utmost importance to this Colony, that it should be represented at such Conference, and that a copy of this Resolution be transmitted to his Excellency the Governor, by respectful address, with a request that he will communicate the same to...Her Majesty's Secretary of State for the Colonies, Earl Carnarvon.” - (Signed) J. H. DE VILLIERS, President, Inclosure 2 in No. 38. Cape of Good Hope, Legislative Council, |Thursday, November 11, 1875, 2 P.M. Present: The President, in the Chair. Mr. Barry. o Mr. Marquard. ,, . Murison. - , Godkonton. Dr. Christie. - ,, Wood. , White (Treasurer-General). ,, Te Water. Mr. Neethling. ,, Cawood. ,, De Smidt. ,, Geard. ,, Cloete, • , Miller. Prayers read. Minutes of former Meeting read. 1. Mr. Godlonton presented the Petition of 99 inhabitants of Queen's Town, praying that delegates on the part of the Colony may be appointed for the purpose of considering such matters as may, in the opinion of the Council, be fitly brought under review, and more particularly for the purpose of devising and reporting such Articles of Federation as may, when agreed to, be adopted as the Constitution of a South African Dominion. * On the motion of Mr. Godlonton, seconded by Mr. Cawood : º | The Petition was read and received. 2. Mr. Te Water presents the Petition of 77 inhabitants of Graaff-Reinet, praying - that such measures may be adopted as will ensure the representation of this Colony at the proposed Conference, in accordance with the spirit of the said despatch, and by delegates | known to sympathize with the objects for which that Conference is to be convened. | On the motion of Mr. Te Water, seconded by Mr. Marquard: The Petition was read and received. 4. Mr. Wood moves, pursuant to notice:— • - “That the Speech of his Excellency the Governor be now taken into consideration.” Mr. Marquard seconds. * e After discussion, Motion put and agreed to. Mr. Godlonton moves:— & 6 º * Speech delivered yesterday by his Excellency the Governor, in so far as it 190 • - - e G 42 has failed to convey any recommendation to the Legislature to agree to the Conference suggested by Her Majesty’s Secretary of State for the Colonies in his despatch No. 39, is unsatisfactory, and that this Council is of opinion that such Conference is desirable, and that it is of the utmost importance to this Colony that it should be represented at such Conference, and that a copy of this Resolution be transmitted to his Excellency the Governor, by respectful address, with a request that he will communicate the same to Her Majesty's Secretary of State for the Colonies, Earl Carnarvon.” Mr. Wood'seconds. Discussion ensues. Mr. Murison moves, as an Amendment:— se “That the Speech of his Excellency the Governor be referred to a Select. Committee, and that the Committee be instructed to bring up its Report as soon as possible.” Mr. Neethling seconds. Discussion ensues. During discussion, Mr. Geard moves, under Rule 30:— “That the Council do now divide on the Amendment.” Mr. Cawood seconds. º º The President states that by Rule 31 the members are to vote without discussion upon the question for Division. Motion for Division put and Division called for — Contents, 9. Non-Contents, 6. Mr. Barry. º Mr. Murison. Dr. Christie. Dr. White. Mr. Marquard. Mr. Neethling. ,, Godlonton. ,, . De Smidt. , Wood. ,, Cloete. ,, . Te Water. - , Hofmeyr. , Cawood. ,, Geard. ~ 27 , Miller. **- Whereupon Motion carried. The President puts the Amendment, and Division called for: - Contents, 6. * Non-Contents, 9. Mr. Murison. Mr. Barry. --, Dr. White. • Dr. Christie. e Mr. Neethling. Mr. Marquard. | ,, De Smidt. & & ,, Godlonton. | ,, Cloete. . ,, Wood. ,, . Hofmeyr. & ,, Te Water. º ,, Cawood. | , Geard. ,, . Miller. Whereupon Amendment negatived. Original Motion put, and Division called for :- Contents, 9. * * Non-Contents, 6. Mr. Barry. Mr. Murison. Dr. Christie. • ‘ Dr. White. Mr. Marquard. Nîr. Neethling. ,, Godlonton. ,, . De Smidt. , Wood. e p ,, Cloete. , Te Water. , Hofmeyr, , Cawood. . ,, Geard. ,, Miller, Whereupon Motion agreed to. º Mr. De Smidt gives notice that he intends to record his protest. 43 Inclosure 3 in No. 38. sº Order of the Day. DEBATE on the Colonial Secretary's Motion to be resumed. t g k Mr. Speaker stated that, when the Debate was adjourned on Friday last, the motion under consideration was —“That, in the opinion of this House, the agitation which has been created and encouraged in this Colony in the name of the Imperial Government, in opposition to the Colonial Government, on the subject of a Conference of representatives of the several Colonies and States, in South Africa, as proposed by Lord Carnarvon, is unconstitutional, and such as to make the successful working of self-government in this Colony impossible; and this House, having considered the despatch of the Right Honour- able the Secretary of State for the Colonies, dated 15th July last, is still of opinion that the interests of the Colony would not be promoted by presssing forward, at the present . time, such a Conference as the Secretary of State proposes.” Debate resumed. Mr. P. Watermeyer moved, seconded by Mr. Leisching: * That the House, having attentively considered the despatches of the Right Honour- able the Secretary of State for the Colonies in reference to a proposed Conference for the purpose of discussing subjects of interest to the several States and Colonies of South Africa, is of opinion that this Colony ought at once to accept the invitation therein held out to it, and that delegates should be appointed to represent it at such Conference : Provided, however, that none of the conclusions arrived at by such Conference shall affect the interests of, or be binding upon, the various States and Colonies of South Africa, without having first received the sanction of their respective Legislatures. IMr. Walter moved as a further amendment, seconded by Mr. Boyes: * That the following words stand part of the main question :-‘‘But the House is further of opinion that the Government and Parliament should, if it be desired by the Imperial Government, give it their counsel and assistance in settling the difficulties which have arisen out of the extension of British jurisdiction to the territory known as Griqua- Land West.” g * , Debate continued. - The Attorney-General moved, seconded by Mr. J. Z. Human : That the debate be adjourned until to-morrow. Agreed to. - - g * On the motion of Mr. P. Watermeyer, seconded by Mr. Aling: The House adjourned at 6 o'clock P.M. * t - * * (Signed) D. TENNANT, Speaker. —-en-sº No. 39. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon.--(Received - & December 20.) My Lord, " . Cape Town, November 17, 1875. IN forwarding the accompanying copy of resolutions in favour of the proposed Con- ference passed at a meeting held in Fort Beaufort, at the end of September, I have to express my regret at the delay which has occurred in so doing, . º 2. I made arrangements, as your Lordship is aware, on my departure from the Diamond Fields, for the prompt transmission to Downing Street of all addresses and resolutions on the subject, that might arrive during my absence, and, amongst others, an address from Fort Beaufort, entrusted to my charge, was actually forwarded at the end of August. f 3. The present resolutions were, however, sent to the Honourable the Colonial Secretary, accompanied both by a note to himself and a letter addressed to your Lord- ship by the chairman of the meeting, Mr. Quin, late Member for the district; and although handed to me by Mr. Molteno, shortly after my return to Cape Town, with a packet of addresses from other places, thanking me for having convened Parliament, Mr. Quin’s letter (herewith inclosed) unfortunately escaped my notice, and I imagined that the resolutions were a duplicate of those formerly sent, and that they had been, in terms of the 5th, long since transmitted direct to your Lordship and Mr. Froude. \ G 2 44 - 4. With reference to the fourth of the resolutions, which protests against the guidance of the Conference being left under any circumstances to myself or the Ministry, in conse- quence of the dissatisfaction felt by the two Dutch Republics at my action in reference to land disputes, and of the antagonistic position taken up to the Conference by myself and the Ministry, I would merely observe that whilst admitting that the first may furnish a valid objection to my presiding, the second, so far as regards myself, has no other foundation than a misconception by the petitioners of the constitutional position of a Governor in colonies where responsible Government has been introduced. - - I have, &c. (Signed) HENRY BARKLY. Inclosure 1 in No. 39. My Lord, * Fort Beaufort, September 29, 1875. I HAVE the honour to forward to you certain resolutions passed at a public meeting held at Fort Beaufort on Tuesday the 21st instant, to consider the despatch, addressed by your Lordship to his Excellency Sir Henry Barkly, Governor of the Cape of Good Hope, and to give expression to public sentiment thereon. - * º w * I have, &c. J. (Signed) JNO. QUIN, Chairman of Meeting. The Right Hon. the Earl of Carnarvon, &c. &c. &c. I, closure 2 in No. 39. Resolutions passed at a Public Meeting held at Fort Beaufort, on the 21st September, 1875, 1. THAT this meeting having learned by the despatch of Lord Carnarvon, and from other anthorized sources, that Her Majesty’s Principal Secretary of State for the Colonies has issued instructions for the summoning of a Conference, to be convened within the present year, and to sit in Maritzburg, Natal (should the Cape Colony not be repre- sented at the Conference), to discuss among other things the question of the Confederation of the several Colonies and States of South Africa, but in which Conference Sir H. Barkly, Governor of this Colony, as by communication addressed by him to Mr. President Brand, contemplates that the Cape Colony is to abstain from entering appearance by any repre- sentative on its behalf, strongly protests against a line of policy, by which the Colony is to be excluded from a representation at a Conference, which may.so deeply affect the future well-being of South Africa. a 2. That this meeting entirely agrees with the views expressed in Lord Carnarvon's , second despatch on Federation, in reference to his Lordship's views intimated in the former i despatch, as to the expediency, and under all the circumstances of the case, the right of affording separate representation to the Eastern Province in any conference to be held, in reference to the statesmanlike and beneficent proposal to federate the various States and Provinces of South Africa, under a common Legislature for common purposes, securing . §. full rights and advantages of local self-government on all questions to Confederate • States. - º - 3. That this meeting, learns with satisfaction that an extraordinary Session of Parliament has been called for the 10th of November next, in deference to the almost unanimously expressed wish of the people of this Colony, in order that the subject of the Conference may be re-considered; and is of opinion that an emphatic. expression of opinion by the several constituencies is now of more importance than ever, for the purpose of inducing those Representatives of the people who recorded their votes in favour of the resolution, endorsing the Ministerial Minute to rescind their vote upon that question, and so bring themselves into accord with the earnest wishes and most important interests of the people, by enabling the two Provinces of this Colony to be represented at the Conference which is to take place on South African affairs. - 4. That this meeting, believing that the cordial co-operation of the two Dutch Republics in the object of the Conference would not be secured if such Conference were presided over, or in any way directed by his Exeellency. Sir Henry Barkly, in consequence of the irritation and dissatisfaction that have arisen with his Excellency's action in reference to the land disputes with those neighbouring States; and seeing, moreover, that his 45 Excellency and the Ministry have taken up a position antagonistic to the said Conference, desires to express its want of confidence in Sir Henry Barkly and the present Cabinet in the matter of the Conference, and to protest emphatically against its conduct and guidance | being committed to their charge, under any circumstances or conditions whatever. 5. That copies of these resolutions be forwarded by the chairman to Lord Carnarvon and to Mr. Froude. .e. & - d I certify the above copy to be correct, (Signed) JNO. QUIN, Chairman of Meeting. -----sºme ºf No. 40. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon.-(Received tº December 20.) - My Lord, º Government House, Cape Town, November 19, 1875. IMMEDIATELY after my return to Cape Town, I transmitted to President Brand, in accordance with the instructions therein given, copies of your Lordship's despatches of the 31st August and 16th September,” under cover of a communication of which I beg to annex a copy. 2. I have just received his Honour's acknowledgment of that communication, together with the inclosed sealed packet containing his reply, which, in compliance with his request, I forward to your Lordship. 3. I regret, however, to find that the President's determination with regard to the Conference in no way satisfies the condition upon, which alone your Lordship expressed yourself willing that his Honour should be admitted to more direct communication with Her Majesty's Government than that heretofore carried on through the High Commissioner. sy - I have, &c. g (Signed) |HENRY BARKLY. - ~ S-2---- Inclosure 1 in No. 40. Sir, Government House, Cape Town, October 18, 1875. WITH reference to the letter addressed by your Honour on the 16th June last to the Earl of Derby, renewing a request that a delegate or delegates from the Orange Free State may be formally received by the Secretary of State for Foreign Affairs, I am instructed by the Earl of Carnarvon, to whose Department, as Secretary of State for the Colonies it was, in accordance with the usual practice, transferred, to forward for your information copy of a despatch on which the views of Her Majesty's Government as to the best mode of effecting an amicable, speedy, and effectual settlement of the questions. So long in dispute with respect to the exercise of British jurisdiction within the Province of Griqua-Land West are clearly explained, t w *s 2. I have also, in obedience to the Earl of Carnarvon's commands, to communicate copy of a further despatch written in acknowledgment of that in which I transmitted the reply received from your Honour to the invitation given to the Orange Free State to take part in the proposed Conference of South African Governments. 3. I shall be glad to be in a position to report to his Lordship that that State will be duly represented on the occasion. º - I havé, &c. (Signed) HENRY BARKLY, º, Governor of Griqua-Land West and High Commissioner, His Honour President Brand. Inclosure 2 in No. 40. Sir, * Bloemfontein, November 11, 1875. , I HAVE the honour to acknowledge the receipt of your Excellency’s letter of the 18th ultimo, inclosing copy of a despatch dated 31st August last, as conveying the reply of . § Nos. 12 and 19. 46 {- | : Her Majesty's Government to my letter addressed to the Earl of Derby, Her Majesty's Frincipal Secretary of State for Foreign Affairs, on the 16th June last, also copy of a despatch of the 11th September last from the Right Honourable the Earl of Carnarvon, with reference to my reply of the 14th July last, to your Excellency’s letter of the 25th June last, transmitting copy of his Lordship's despatch of the 4th May last. - I have the honbuur to inclose my reply to the above despatches, with the request that your Excellency will have the goodness to transmit it to the Right Honourable the Secretary of State for the Colonies. t Sincerely desirous of cordially co-operating with Her Majesty’s Government and the Governments of the adjacent colonies in whatever may tend to promote the most friendly feeling between them and this Republic, and conduce to the general welfare of South Africa, I extremely regret that the question about the disputed territory where the Diamond Fields are situated still remains unsettled; and, although I have no authority or instructions from the Volksraad with reference to the proposed Conference, I shall be prepared, upon our Government receiving an official invitation to take part in a Conference restricted to the discussion of an uniform native law, and the sale of arms and ammunition, with Representatives from the Cape Colony, Natal, and the South African Republic, to accept that invitation; but my duty will not permit me to advise the Volksraad that the question of disputed territory, from which our Government withdrew under our protest of the 4th December, 1871, when forcible possession was taken thereofunder your Excellency's f Proclamation of the 27th October, 1871, shall be submitted to the proposed Conference, and a Representative from the very territory which was in the “de facto * and “de jure * possession of our Government when we withdrew under our above-mentioned protest. | This is a question of right and justice, and after the negotiations to settle it by arbitration have failed, I cannot see any other alternative for the amicable settlement thereof than by . friendly negotiations between Representatives of Her Majesty’s and our Government specially appointed for that purpose. I have, &c. º } - * (Signed) J. H. BRAND. His Excellency Sir Henry Barkly, G.C.M.G., K.C.B., in &c. &c. &c. º ~~~~ --> * Inclosure 3 in No. 40. My Lord, * Bloemfontein, Orange Free State, November 11, 1875. I HAVE the honour to acknowledge the receipt through His Excelleney Her Majesty's High Commissioner, Sir Henry Barkly, of a copy of your Lordship's despatch . to His Excellency, dated the 31st August last, as the reply of Her Majesty's Government to a letter addressed by me to the Right Honourable the Earl of Derby, on the 16th June last. 4. * I have also the honour to acknowledge the receipt of a copy of a despatch addressed by your Lordship to His Excellency the High Commissioner, on the 11th September last, with reference to my reply to the High Commissioner's letter relative to your Lordship's despatch of the 4th May last. * * tº * I fully appreciate the kind sentiments expressed in your Lordship's despatches, and I am willing to concede that in all ordinary circumstances Her Majesty's High Commis- sioner may be the most convenient channel of communication between Her Majesty's Government and this Republic, but the history both before and after our protest of the 4th December, 1871, of the controversy, which unfortunately still exists between Her Majesty's and our Government, with reference to the title and proprietorship of the lands proclaimed by his Excellency Sir Henry Barkly, on the 27th Oetober, 1871, clearly shows that after all our efforts during the last four years to bring that question to an amicable settlement having proved futile, the accomplishment of the friendly adjustment of our differences in an amicable spirit will be greatly facilitated by direct communication with Her Majesty’s Government; and it is because I most sincerely wish to prevent any mis- understanding in the future, and to promote the most cordial amity and good will, that our Government pursued the course they did in addressing Her Majesty's Principal Sécretary of State for Foreign Affairs. This was done by our Government in 1868, when our Delegates were received by the Earl of Derby at the Foreign Office, and referred to the Secretary of State for the Colonies, on account of convenience and expedition, and as the Colonial Office was the depository of the records relating to South African Affairs. They had an audience with His Grace the Duke of Buckingham and Chandos, who gave the * 47 instructions to His Excellency Sir Philip Wodehouse, which led to the negotiation by which the Basuto question was settled in 1869. Without in any way waiving the privilege of following the course pursued in our correspondence through the Department of Foreign Affairs with the several nations who have recognized the Orange Free State, I gladly avail myself of this opportunity to address your Lordship who has evinced such a sincere and deep interest in the affairs of South Africa, and given expression to such truly noble sentiments with regard to the South African Republic and the Orange Free State as have been recorded in the debate of the House of Lords, in order to endeavour to bring about the speedy settlement of the question which, unfortunately, still exists, and, by removing all cause of disagreement, to strengthen the cordial good feeling which our Government is so desirous of maintaining with Her Majesty's Government. * r As it appears from your Lordship's despatch of the 31st of August, that your Lordship is not prepared to take any further steps in connection with the proposed arbitration, I shall only observe that one of the objects which our Government had in view when they deputed Mr. Hamelberg, and afterwards Messrs. Hamelberg and Van de Bye, was to show that the terms of arbitration had been agreed upon between Her Majesty's High Commissioner and myself, and been ratified by the then Secretary of State for the Colonies, the Earl of Kimberly, in his Lordship's despatch to Her Majesty's High Commissioner of the 20th of August, 1872, published in the Parliamentary Blue Book, of 1873, page 88. This is proved by the correspondence, and by my letter of the 24th of - February last. The terms of arbitration had been agreed upon, but the Draft Deed of Submission transmitted to our Government was not in accordance with that agreement and contained stipulations and conditions without precedent in any deed of submission. - As there, now seems to be no prospect of our unfortunate differences being settled by arbitration, I am inclined to think with your Lordship that the question at issue might advantageously form the subject of negotiation. And should Her Majesty's Government be disposed to appoint a Plenipotentiary for that purpose, I shall upon receiving such intimation from your Lordship call the Volksraad together and advise them to grant me the necessary powers, and I fully agree with . your Lordship that in order that such negotiation should accomplish the desired object it will be necessary that the Plenipo- tentiaries on both sides should be animated with a spirit of conciliation and the sincere desire of bringing the matter in dispute to a speedy, just, and effectual settlement, honourable to both parties. - - s I regret that my duty will not permit me to advise the Volksraad to consent that the question of the disputed territory, from which our Government withdrew under our ! . protest of the 4th December, 1875, shall be submitted to a Conference with Representatives of the Cape Colony, Natal, the South African Republic, and of the Territory in our “de 5 facto’’ and “de jure” possession when it was proclaimed by his Excellency Sir Henry Barkly, on the 27th October, 1875, under the name of Griqua-Land West, and from which our Government withdrew under our protest of the 4th December, 1871. This is a question of right and justice, and can I believe only be settled by arbitration or friendly negotiation. But to submit it to a Conference as proposed would obviously place the Orange Free State at great disadvantage and weaken our rights, which remain guarded by our protest. -- - * * - Under the circumstances I shall be ready and willing, upon our Government receiving an official invitation to that effect, to advise the Volksraad to take part in a Conference with Representatives from the Cape Colony, Natal, and the South African Republic, upon the native question, and the trade in arms and ammunition,-the subject-matter to be brought before such Cone(rence being clearly specified. But I regret exceedingly that as long as the question of the disputed territory remains unsettled, I cannot consistently with my duty advise the Volksraad to take part in, a Conference with a . Representative from that very Territory from which we withdraw under our protest, to which we still adhere. t I have, &c. . (Signed) J. H. BRAND, ... • President of the Orange Free State. The Right Honourable the Earl of Carnarvon, - º Her Majesty's Principal Secretary of State for the Colonies, 48 No. 41. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon.—(Received December 20.) My Lord, - - Government House, Cape Town, November 24, 1875. UPON receiving, on the 17th instant, your Lordship's despatch of the 22nd ultimo,” I immediately communicated it to my Ministers, with a view to its being laid before Parliament as directed in the concluding paragraph. 2. The House of Assembly was still engaged in the discussion of the Resolutions and. Amendments respecting the Conference question, of which copies were transmitted for the information of Her Majesty's Government by last mail, but Mr. Solomon, when the reading of the despatch had been concluded, suggested an adjournment till the following day, with a view to afford an opportunity for deliberate consideration of its contents, and this motion was readily acquiesced in by all parties. - 3. It did not at first appear, when the House reassembled, what the effect would be, as the Debate was resumed on its previous footing, but after a speech in which he expressed dissent from any proposal for summoning Delegates to England, Mr. Laing, the member who last Session moved the Amendment in opposition to Mr. Sprigg's Resolutions against the Conference, gave notice of his intention to propose . Such alterations in Mr. Watermeyer's Amendment, as would insure any propositions on which Imperial Legis- lation could be based “being first discussed and formulated in a Colonial Conference.” 4. A day afterwards, when the House again met, Mr. Solomon put on the paper a further Amendment, which was at once accepted by Mr. Molteno, in substitution for the original Resolution, and which runs as follows:—“As it appears from the despatch dated 22nd October, 1875, that the Right Honourable the Secretary of State for the Colonies, has withdrawn his proposal for a Conference of Representatives of the several Colonies and States of South Africa, this House in of opinion that it is not now called upon to record its continued objection to the holding, at the present time, of such a Conference, or its condemnation of the unconstitutional agitation carried on in this Colony in connection with this question.” - 5. The discussion under these altered conditions continued till late yesterday night, when, after having lasted eight days, decisive divisions were taken. The Colonial Secretary's motion having been first got rid of, that of Mr. P. Watermeyer, in favour of . appointing Delegates to represent the Colony at the Conference, was next megatived by 35 to 22 votes, and Mr. Solomon's Amendment, which then became the main question, adopted by 36 to 22. - - - 6. The further Amendment proposed by Mr. Walter, to the effect that this Government “Should, if it be desired by the Imperial Government, give it their counsel and assistance in settling the difficulties which have arisen out of the extension of British jurisdiction in the territory known as Griqua-Land West,” was, with some slight verbal modification, afterwards carried by the same majority of 14, and incorporated with the substantive motion. º - 7. Trusting that your Lordship will consider a Session by no means fruitless which has produced this last mentioned result, - I have, &c. (Signed) HENRY BARKLY. Inclosure in No. 41. Cape of Good Hope.— Votes and Proceedings of the House of Assembly. [Tuesday, November 23, 1875, 2 o'clock P.M.] - Order of the Day. - Debate on the Colonial Secretary’s Motion to be resumed. Mr. Speaker stated that, when the Debate was adjourned yesterday, the Motion under * No. 26. 49 consideration was –That, in the opinion of this House, the agitation which has been created and encouraged in this Colony in the name of the Imperial Government, in opposition to the Colonial Government, on the subject of a Conference of Representatives of the several Colonies and States in South Africa, as proposed by Lord Carnarvon, is unconstitutional, and such as to make the successful working of self-government in this Colony impossible; and this house, having considered the despatch of the Right Honour- able the Secretary of State for the Colonies, dated the 15th July last, is still of opinion that the interests of this Colony would not be promoted by pressing forward, at the present time, such a Conference as the Secretary of State proposes. w To which there was an Amendment moved by Mr. P. Watermeyer: That the House, having attentively considered the despatches of the Right Honourable the Secretary of State for the Colonies in reference to a proposed Conference for the purpose of discussing subjects of interest to the several States and Colonies of South Africa, is of opinion that this Colony ought at once to accept the invitation therein held out to it, and that delegates should be appointed to represent it at such Conference: Provided, however, that none of the conclusions arrived at by such Conference shall effect the interests of, or be binding upon, the various States and Colonies of South Africa, without first having received the sanction of their respective Legislatures, - Also a further Amendment, moved by Mr. Walter: That the following words stand part of the main question:—“But the House is further of opinion that the Government and Parliament should, if it be desired by the Imperial Government, give it their counsel and assistance in settling the difficulties which have arisen out of the extension of British jurisdiction to the territory known as Griqua-Land West.” Also a further Amendment, moved by Mr. Laing: That in the first Amendment proposed by Mr. P. Watermeyer, in line 2, after the word “Colonies,” the words “ dated the 4th May and 15th July last,” be inserted; and that the proviso to the Amendment be omitted, and in lieu thereof the following sub- stituted —“And this House is further of opinion that, holding, as it so strongly does, the view that any propositions on which Imperial Legislation affecting this Colony might be based, should first be discussed and formulated in a Colonial Conference, and not in any Conference convened in England, and further, after being so formulated, should next be submitted to and approved by the respective South African Legislatures, before being accepted by the Imperial Government as containing conclusions of any binding force what- ever on any of the said Legislatures or Governments, especially in respect of so important a question as Confederation, which has not yet been sufficiently submitted to the country for its consideration,-the House cannot give even an implied assent to any of the suggestions in paragraphs 4 and 5 of despatch No. 3, dated 22nd October, from the Secretary of State for the Colonies, where such order of proceeding might be in any way reversed.” And a further Amendment, moved by Mr. Solomon : As it appears from the despatch dated the 22nd October, 1875, that the Right Honour- able the Secretary of State for the Colonies has withdrawn his proposal for a Conference of Representatives of the several Colonies and States of South Africa, this House is of opinion that it is not now called upon to record its continued objection to the holding, at the present time, of such a Conference, or its condemnation of the unconstitutional agitation carried on in this Colony in connection with the question. Debate resumed. Business suspended at six o'clock, P.M. - Business resumed. 8 o’clock P.M. After debate. Before the Question was put, Mr. Neethling applied for leave to remain in his seat during the Division, on account of infirmity, which was agreed to. Mr. Speaker then put the Question: That all the words of the Colonial Secretary’s * the word “That,” stand part of the Question, which passed in the negative. 190 | | | 50 Mr. Speaker next put the Question: That the words of the Amendment moved by Mr. P. Watermeyer, now the main Question, stand part of the Question. * Upon which the House divided : * Ayes, 22:- Messrs. Ayliff, Barry, Thomas Daniel, Barry, Charles Van Reenan Blaine, -- Brabant, Bradfield, Cole, De Wet, Gush, Hockley, Messrs. Hopley, Laing, Liesching, Maasdorp, Paterson, Ross-Johnson, Sauer, Tait, Watson, And Wright; Dowling and Watermeyer (Philip, J. A.), Tellers. Messrs. Adams, Aling, Bergh, Botha, Boyes, Brink, Fairbridge, Frost, Gibson, Gird, Guest, Hume, Human, Johan Zacharias Human, Johannes Urbanus Jacobs, - Kleyn, Manuel, Noes, 35:— Messrs. Marais, Merriman, Molteno, Moodie, Moore, Myburgh, Neethling, Probart, Proctor, Scanlen, Shawe, Solomon, Sprigg, Stigant, Walter, And Watermeyer, Carl P.; Pritchard and Vincent, Tellers. The Amendment proposed by Mr. P. Watermeyer accordingly negatived. Mr. Speaker then put the Question: That all the words of the Amendment moved by Mr. Solomon, now the main Question, stand part of the Question. * Upon which the House divided: Messrs. Adams Aling, Bergh, Botha, Boyes, Brink, Fairbridge, Frost, Gibson, Gird, Guest, Hume, Human, Johan Zacharias Human, Johannes Urbanus Jacobs, - King, Rleyn, Ayes, 363– Messrs. Manuel, Marais, Merriman, Molteno, Moodie, Moore, Myburgh, Neethling, Probart, Proctor, Scanlen, Shawe, Solomon Sprigg, Stigant, Walter, - And Watermeyer, Carl P. ; Pritchard and Vincent, Tellers. 5i Noes, 22:- Messrs. Ayliff, Messrs. Hopley, Barry, Thomas Daniel * Laing, Barry, Charles Van Reenen Liesching, . . Blaine, * - Maasdrop, Brabant, Paterson, Bradfield, Ross-Johnson, Cole, Sauer, De Wet, Tait, Gush, * t Watson, Hockley, And Wright; Dowling and w atermeyer (Philip J. A.), Tellers. The Amendment proposed by Mr. Solomon accordingly adopted. Mr. Speaker put the further question: “That the words of the Amendment moved by Mr. Walter stand part of the Motion.” Mr. Solomon moved, as an Amendment, seconded by Mr. Sprigg:— “That the words “The House is further of be omitted, and the words ‘The House desires, however, to express its’ substituted.” A This Amendment put and agreed to. The Amendment proposed by Mr. Walter, as thus amended, was then put, and the House divided :-- Ayes, 36. Messrs. Adams, - Messrs. Marais, Aling, Merriman, Bergh, Molteno, Botha, Moore, Boyes, - Myburgh, Brink, Neethling, Frost, Pritchard, Gibson, g Probart, Gird, Proctor, Guest, •r. . Scanlen, Hume, - g Shawe, Human (Johan Zacharias), Solomon, Human (Johannes Urbanus), Sprigg, Jacobs, Stigant, King, r * Vintcent, Kleyn, - Walter, Manuel, Watermeyer (Carl P.), Messrs Fairbridge and Moodie, Tellers. - Noes, 22. Messrs. Ayliff, r Messrs. Hockley, Barry (Thomas Daniel), g Hopley, Barry (Charles van Reenen), Laing, Blaine, Liesching, Brabant, Maasdorp, Bradfield, $ Paterson, Cole, f Ross-Johnson, De Wet, Sauer, T}owling, Tait, Gush, Watson, Messrs. Watermeyer (Philip J. A.) and Wright, Tellers. The Amendment accordingly adopted. The substantive Motion, as thus amended, was then put and agreed to, as follows:– “As it appears from the despatch dated the 22nd October, 1875, that the Right Honour- able the Secretary of State for the Colonies has withdrawn his proposal for a Conference of Representatives of the several Colonies and States of South Africa, this House is of opinion that it is not now called upon to record its continued objection to the holding, at w & H 2 52 the present time, of such a Conference, or its condemnation of the unconstitutional agita- tion carried on in this Colony in connection with this question. This House, however, desires to express its opinion that the Government and Parliament should, if it be desired by the Imperial Government, give it their counsel and assistance in settling the difficulties which have arisen out of the extension of British jurisdiction to the territory known as Griqua-Land West.” On the Motion of Mr. P. Watermeyer, seconded by Mr, Tait : The House adjourned at 10 o'clock P.M. No. 42. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon.—(Received - * December 20.) * My Lord, Cape Town, November 24, 1875. IN my despatch of this date,” I have communicated the result of the discussions in the Assembly on the Conference question. Though not so adverse as at one time anticipated, inasmuch as Mr. Solomon’s amendment commits the House to no opinion whatever, the decision stands in striking contrast to the tenor of the great bulk of the petitions presented on the subject, as well as to the address which I transmitted by last mail from the Legis- lative Council. - | 2. The majority of fourteen in an Assembly consisting of only sixty-six members must be regarded as decisive; nor is there any reason to suppose that if the seven members, counting the Speaker, absent on the occasion, of whom three are in England and four detained by sickness in this country, had recorded their votes, it would have been diminished. | 3. So far as the present Parliament is concerned, therefore, there is reason to appre- hend that the question of the representation of this Colony at a Conference is not likely to be favourably entertained, and all that remains to be considered is whether its dissolu- tion is constitutionally practicable. w - 4. I am reminded on this head in your Lordship's despatch of 22nd October," that “if, from any cause, there should happen to be a divergence between the decision of Parliament and the wishes of the community on a question of such great public impor- tance, the true constitutional course will be (whenever it can be properly taken) to dissolve Parliament and remit the question to the final and supreme appeal of the constituencies of the Colony.” $. 5. Now, primá facie, it certainly appears that such a divergence as is thus contem- plated by your Lordship does exist, not merely between the Assembly and the constituencies, but between the Assembly and the Council, which in this Colony is equally an elective body. -- 6. It is open, however, to doubt whether the preponderance of opinion among the i electors in favour of a Conference is so great as the meetings held in various parts of the {{ Colony, and the resolutions passed at them, would seem to indicate. Petitions from more ... than two-thirds of the electoral divisions have indeed been presented to the Assembly in favour of the Colony being represented at the Conference which was expected shortly to take place, but the aggregate number of signatures attached to them, as shown by the Parliamentary abstract, is below 5,000, many of which, of course, are those of non-electors, whereas there are 35,000 registered electors on the rolls. • ? & 7. Under such circumstances, the result of a general election must evidently be looked upon as uncertain, and dependent mainly on the yet latent political feelings which might be evoked at any particular crisis. These feelings would, judging from past experience, be readily fanned into flame by so high handed an exercise of the prerogative as any attempt to turn out a Ministry supported by a large and increasing majority for the purpose of | dissolving Parliament on a question of Imperial policy would be held to constitute, and | the result might prove disastrous. * 8. With respect to the divergence of opinion evinced between the two Houses of Parliament on the subject of the Conference, even if it were not somewhat doubtful whether it would have been so marked had the decision in the Upper House been less hurriedly § arrived at, I think it will be found that in the Colonies under responsible Government, though serious collisions have sometimes grown out of such differences on domestic matters, they are not, as a rule, regarded as of much importance, and never lead to the resignation of a Ministry. | 4. • * No. 41. + No. 26. 53 9. It must be borne in mind, too, that it would hardly do in such a case to dissolve one House and not the other, and that in this latter event, the Legislative Council, instead of being returned as heretofore by two constituencies embracing, respectively, all the eastern and western electorates, would, for the first time, be elected under the Seven Circles Bill, which was expressly designed to bring it into harmony with the Lower House. h - 10. From such considerations as these, even were I influenced by no others, I should have had little hesitation in assuming that your Lordship would recognize this as not being one of those occasions on which the course of appealing to the constituencies could be properly taken. 11. It has been a source of satisfaction to me, however, to be informed by Mr. Froude that, since the receipt of your Lordship's last despatch, he has come to the conclusion (on wholly independent grounds) “that such an appeal at the present moment would, in all probability, raise a false issue, the result of which might be the indefinite postponement of any Conference.” • 12. I deem it more prudent, therefore, to await fresh instructions from your Lordship before taking further action of any kind. I have, &c. (Signed) HENRY BARKLY. No. 43. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. Sir, Downing Street, December 23, 1875. I HAVE to acknowledge the receipt of your despatch of the 24th November.” Under the altered circumstances involved in the vote of the House of Assembly on the 23rd November, as reported to me in your despatch of the 24th of that month,t I am disposed to think that a dissolution of Parliament is not necessary at the present moment to bring the Legislature and the constituencies into accord, and, if unnecessary, then undesirable. - There being, of course, no sufficient ground on which Mr. Molteno would recommend to you such a step, you will be pleased to understand that with regard to any observations on this subject in my despatch of October 22; you are relieved from the necessity of considering them. | | * } I have, &c. (Signed) CARNARVON. No. 44. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon.—(Received - * January 1, 1876.) - My Lord, Government House, Cape Town, November 26, 1875. I HAVE the honour to forward, for your Lordship's information, copy of the Speech with which I this day closed the special Session of the Parliament of this Colony. I have, &c. (Signed) HENRY BARKLY. Inclosure in No. 44. Mr. President and Gentlemen of the Legislative Council : Mr. Speaker and Gentlemen of the House of Assembly: - AS I learn that the business brought forward has been disposed of, I hasten to release . you from attendance in Parliament. I thank you for the prolonged and careful consideration which you have given to the questions connected with the proposed Conference of Representatives of the several Colonies and States of South Africa. - * - * No. 41. e † No. 42. f No. 26. 54 The Address of the Legislative Council on this subject has, as requested, been trans- . mitted to the Right Honourable the Secretary of State for the Colonies. I note, on the other hand, that the House of Assembly subsequently, after the arrival of the further despatch of 22nd Ogtober, from the Earl of Carnarvon, came to the conclu- sion that it was absolved thereby from the necessity of now taking any action in the matter, except in so far as to intimate that this Government is prepared to co-operate with the Imperial Government in settling the difficulties which have arisen out of the extension of British jurisdiction over Griqua-Land West. - I cannot doubt that this intimation will tend to the maintenance of the good feeling which has always existed between the Colonial Government and that of the Orange Free State, and I hope that, while an object of the deepest interest to the people of both countries is thus secured, the Territory of Griqua-Land West may at the same time be placed on a footing conducive to the permanent welfare and good government of its inhabitants. ſº - I am glad to learn that advantage has been taken of this special Session to empower the Government to contract for the continuance of the Ocean Postal Service on the footing it recommended, as well as to approve of the suggested deviation in the line connecting Grahamstown with the Port Elizabeth and Cradock Railway. & It only remains for me to declare in her Majesty's name that this Parliament is pro- rogued till Wednesday, the 26th day of January next. - And it is hereby prorogued accordingly. No. 45. Lieutenant-Governor Sir H. E. Bulwer, K.C.M.G., tº the Earl of Carnarvon.—(Received January 1, 1876.) - * My Lord, - Government House, Maritzburg, Natal, November 26, 1875. AT the commencement of the present Session I caused to be laid before the Legislative Council of this Colony a copy of your Lordship's despatch, of the 4th May last,” addressed to Sir H. Barkly, the Governor of the Cape Colony, which contained the proposal of Her Majesty's Government for the holding of a Conference of Delegates from the several Colonies and States.of South Africa. i - 2. I have now the honour to transmit to your Lordship copy of an Address which I have received from the Legislative Council covering four Resolutions adopted by the Council on the 23rd of this month, regarding the proposed Conference. * 3. Your Lordship will perceive from these Resolutions that the Legislature of this Colony highly appreciates the interest taken by Her Majesty's Government in South African affairs, and expresses the hope that a Conference, such as the one proposed by Her Majesty's Government, may be held, entertaining the conviction that it is calculated to lead to results materially beneficial to the Colonies and States invited to it. 4. In the fourth Resolution a desire is expressed on the part of the Council that, in the event of a Conference being held, one or two of its members should be appointed to act and advise with the gentlemen recommended by your Lordship to be the Repre- sentative of this Colony at the Conference. I do not understand the Council to propose by this any departure from the proportionate, or, indeed, from the numerical representation of the Colonies and States, as indicated in your Lordship's despatch. Should the Conference meet upon that basis of representation, Mr. Shepstone, who was designated by your Lordship, would attend it as the Delegate from this Colony ; and what I under- stand the Council to wish, in this case, is that one or two of its members should accompany him to the seat of the Conference for the purpose of assisting and advising him in all questions affecting this Colony that may be brought before the Conference. I believe that such an arrangement would be of advantage to the Colony and to the objects of the Conference, and of great help to Mr. Shepstone in representing the wishes and maintaining the interests of this Colony in all the various questions that may come before the Conference; and, should there be no difficulty in the way, I shall be prepared, subject to your Lordship’s sanction, to sº to this proposal. - t 5. It is, however, just possible that in settling the preliminaries of the Conference it may be found convenient to increase the numerical representation of the several States and Colonies, without at all disturbing their proportionate representation ; and in this case, and in the event of this Colony sending two or more Delegates to the Conference instead of one, as at present proposed, I am of opinion that the additional representation of the * No. 1. 55 Colony would be properly and advantageously secured by the appointment of one or two Members of the Council, nominated for that purpose by the Council. ~------------------------. . . . . . . . . . . … . . . . .” -“ . - I have, &c. (Signed) HENRY BULWER. Inclosure 1 in No. 45. To His Excellency Sir Henry Ernest Bulwer, Knight Commander of the most distinguished Order of St. Michael and St. George, Lieutenant-Governor in and over the Colony of Natal, Vice-Admiral of the same, and Supreme Chief over the Native Population. May it please your Excellency, - - º - THE Legislative Council beg respectfully to transmit for your Excellency's informa- tion a copy of certain Resolutions on the subject of the proposed Conference of the States and Colonies of South Africa, and to request that your Excellency will give them a favourable consideration. * By Resolution of the Legislative Council, this 23rd day of November, 1875. * . (Signed) WALTER MACFARLANE, Speaker. Inclosure 2 in No. 45. Resolutions adopted by the Legislative Council, Natal, on November 23, 1875, in reference to the proposed Conference of the States and Colonies of South Africa. That this House, in thanking his Excellency, the Lieutenant-Governor, for forwarding for its perusal and consideration the despatches of Lord Carnarvon, of May 4 and July 15, relating to the proposed Conference between the different Colonies and States of South Africa; as also the letter of Sir H. Barkly, of June 25, inclosing the despatches of May 4, desires:— . . 1. To record its thanks to Her Majesty's Government for the kindly interest in South African affairs, evinced by the above despatches. - 2. To express its conviction that a Conference resulting therefrom is especially calculated to bring into practical existence that free and friendly interchange of opinion and mutual aid that is essential to the quiet and prosperity of South Africa as a whole. , That such a Conference will conduce to a future and closer union between the Cape Colony, the Orange Free State, the South African Republic, the Province of Griqua-Land West, and this Colony; a union that may be of material benefit to each, of disadvantage v. to none. k - 3. To express a hope that our elder and sister Colony will yet regard with greater favour the prospect of a more friendly intercourse and closer union with Colonies and States, whose interests are by nature and circumstances inseparable from her own, and which are peopled by a race, not only of common origin, but of kindred blood ; and that delegates from the Cape, the Orange Free State, the South African Republic, Griqua-Land West, and Natal may meet in friendly conference. ' - r This House, lastly, resolves that it would be highly advantageous. that, at any Conference to be held of the several States and Colonies before mentioned, one or two Delegates, nominated by this House, and from this House, and approved of by his Excellency, should attend to act and advise with the honourable gentleman recommended by the Secretary of State as the Representative of Natal; and it respectfully prays his Excellency strongly to urge this as opportunity occurs. - - A true copy. . . . (Signed) W. W. MORCOM, - Clerk, Legislative Council. No. 46. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. Sir, Downing Street, January 1, 1876. I HAVE to acknowledge the receipt of your despatch of the 17th of November,” forwarding copies of Resolutions in favour of a Conference adopted by a public meeting held at Fort Beaufort on the 21st of September. - - * No. 39. 56 I take this opportunity of acquainting you that I have duly received and carefully perused the several addresses and resolutions noted below, and I have to request that the persons who respectively transmitted them may be so informed : — Resolutions adopted at a meeting held at Queenstown, on the 13th of July. Forwarded by Mr. David Barrable. - Resolutions adopted at a meeting held at Somerset East, 19th of July. Forwarded by Mr. J. A. de Wet, Somerset East. Resolutions adopted at a meeting held at Dortrecht, 2nd of August. Both forwarded in despatch of the 19th of August.* - Resolutions adopted at a meeting held at Port Elizabeth, on the 9th of August. Forwarded by Mr. G. H. Chabard. Resolutions adopted at a public meeting held at Port Elizabeth, 9th of September, i875. Forwarded by Mr. W. A. Harries. - I have, &c. (Signed) CARNARVON, No. 47. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon.—(Received January 1, 1876.) My Lord, - Government House, Cape Town, December 3, 1875. HAVING, in accordance with the directions therein contained, communicated to the Acting President of the South African Republic a copy of your Lordship's despatch of the 16th September, f I have received from his Honour an acknowledgment, as inclosed. I have, &c. (Signed) HENRY BARKLY. Inclosure in No. 47. Sir, Government Office, Pretoria, November 19, 1875. I HAVE the honour to acknowledge the receipt of your Excellency's despatch, dated 21st October, 1875, covering copy of a despatch of the Right Honourable the Earl of Carnarvon, dated the 16th of September last. - I have, &c. § (Signed) P. J. JOUBERT, Acting President, By order, (Signed) SwART, State Secretary. His Excellency Sir Henry Barkly, G.C.M.G., K.C.B., - &c. &c. &c. No. 48. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon.—(Received - January 1, 1876.) * My Lord, * Government House, Cape Town, December 4, 1875. I HAVE the honour to submit copy of a Minute just received from my responsible Advisers giving cover to a Resolution passed by the House of Assembly on the 23rd ultimo, as already reported, and requesting me to intimate to your Lordship that, in conformity with the latter portion of that Resolution, they are prepared, should Her Majesty’s Government desire it, to give their council aud assistance in settling the difficulties which have arisen out of the extension of British jurisdiction to the territory known as Griqua-Land West. . 2. I did not fail to remind Mr. Molteno that in despatch of the 4th August; your Lordship had reiterated the views expressed last year as to the moral obligations attaching to the Cape Parliament in connection with the annexation of the Territory in question, and that it was needless, therefore, to await any formal invitation for co-operation from Her Majesty's Government. Mr. Molteno, in reply, remarked that, if your Lord- ship’s views had been communicated to Parliament they wonld certainly not have been acquiesced in, and referred me to the terms of the Resolution as the sole basis on which the Ministry could act. * No. 20. + No. 19. † Not printed. 57 * 3. It only remains for me, therefore, to submit the Minute as it stands, leaving it to Her Majesty’s Government to determine in what manner it will meet overtures, which, however tardy and cautious, are, I feel convinced, made with an earnest desire to assist in bringing about an amicable settlement of the disputes with the Orange Free State, and of assuming, if it be so arranged, any responsibilities that the future Government of Griqua-Land West may entail. 4. It will probably not escape your Lordship's observation that, although running in the name of the Cape Parliament, the Resolution now forwarded comes from the Assembly alone. 5. It was in the first instance considered, I understand, that those who were in favour of holding a Conference, and notably the majority of the Legislative Council, must neces- sarily be favourable to one of the main objects of that Conference as explained by your Lordship—the discussion, namely, of the affairs of Griqua-Land West. When it was ſound, however, that the Leader of the anti-Ministerialists in the Lower House opposed this Resolution just as strongly as the original Amendment, it occurred, no doubt, to the Ministerial Party that it would be more prudent, instead of risking an adverse vote in the Upper House, to rest content with the original assumption that, having already concurred in the major, it was logically committed to the minor, proposition. 6. Be this as it may, there seems little reason to apprehend that, on a dispassionate review of the question, any section of this community will be likely to object to the action now taken by the Ministry. 7. Awaiting your Lordship's instructions in the matter, I have, &c. (Signed) HENRY BARKLY. Inclosure 1 in No. 48. Minute. Colonial Secretary's Office, Cape Town, Cape of Good Hope, December 3, 1875. IN transmitting to the Governor, for transmission to the Right Honourable the Secretary of State for the Colonies, the inclosed Resolution of the Honourable the House of Assembly, adopted on the 23rd November, 1875, on the subject of the proposed Conference of Representatives of the several Colonies and States of South Africa, Ministers beg to request that his Excellency will be pleased to intimate to Lord Carnarvon that, should Her Majesty's Government desire it, they are prepared to give their counsel and assistance in settling the difficulties which have arisen out of the extension of British jurisdiction to the Territory known as Griqua-Land West. (Signed) J. C. MOLTENO. Inclosure 2 in No. 48. Resolution. House of Assembly, November 23, 1875. As it appears from the despatch dated the 22nd October, 1875, that the Right Honourable the Secretary of State for the Colonies has withdrawn his proposal for a Conference of Representatives of the several Colonies and States of South Africa, this House is of opinion that it is not now called upon to record its continued objection to the holding, at the present time, of such a Conference, or its condemnation of the unconstitu- tional agitation carried on in the Colony in connection with this question. This House, however, desires to express its opinion that the Government and Parliament should, if it be desired by the Imperial Government, give it their counsel and assistance in settling the difficulties which have arisen out of the extension of British jurisdiction to the territory known as Griqua-Land West. No. 49. Colonial Office to Foreign Office. Sir, Colonial Office, January 6, 1876. WITH reference to the letter from the Foreign Office of the 31st of July last,” inclosing an original letter addressed to the Earl of Derby, by the President of the Orange Free State, and to the answer from this Office of the 31st August,+ inclosing for Lord Derby's % No. 7. + Not printed. [190] I 58 concurrence a copy of the despatch which was proposed to be addressed to the Governor of the Cape of Good Hope, on the subject of Mr. Brand's letter, I am directed by the Earl of Carnarvon to transmit to you, for the information of Lord Derby, a copy of a despatch from Sir Henry Barkly,” forwarding a correspondence which had passed between him and President Brand relating to Lord Carnarvon's despatch. I am also to annex a copy of the despatchi which Lord Carnarvon proposes with Lord Derby's concurrence to address to Sir Henry Barkly in answer, and to state that his Lordship will be glad to know as early as possible whether Lord Derby concurs in it. I am, &c. (Signed) R. H. MEADE. No. 50, J. A. Froude, Esq., to the Earl of Carnarvon. My Lord, London, January 10, 1876. BEING commanded by your Lordship to furnish a Report of the late events at the Cape of Good Hope, so far as I have been myself connected with those events, I premise, in order to make my story intelligible, with a sketch of the history and condition of the two independent Republics beyond the Orange and Vaal Rivers. The territories now constituted into those States were occupied in and after the year 1836 by bands of emigrant farmers, who, impatient of many acts of injustice which they conceived themselves to have suffered at the hands of the British Government, determined to abandon the Colony. British subjects were held to be unable to throw off their allegiance by removing into a hitherto unoccupied district. The emigrants had been attacked by the savage tribes of the interior; many of their families had been surprised and massacred; they had retaliated, and, for the preservation of peace, the British Government found it necessary to assert and partially to enforc its authority, as far as the farmers had established themselves. The boundaries of the territory beyond the Vaal River were not defined, but in the year 1848 Sir Harry Smith proclaimed Her Majesty’s sovereignty over the Province known as the Orange River territory, defining it as bounded by that river, the Waal River, and the Drachenberg mountains, and detailing the names of the principal native Chiefs residing within those limits, who were then subjected, along with the settlers, to British rule. The possessions thus acquired to the Crown were more expensive than they appeared to be worth. The country was described by the English who first visited it as “a howling wilderness,” capable only of maintaining a thin scattered pastoral population. The flocks and herds were subject to constant depredation from the natives; the result was a series of | bloody collisions, and order could only be maintained by a large military force, for which it was impossible that the farmers could pay, and the cost of which fell on the Imperial Government. - Weary of the expense which an advance into the interior of Africa was entailing upon her, and not unwilling to place between the British Colony and the native tribes a barrier of Europeans upon whom, and not upon herself, might fall the responsibility of those sharp measures of repression which might be necessary, but which she preferred to leave to others, Great Britain determined to make the Orange River the northern boundary of her African possessions, and to leave the Dutch sheep- farmers, and the few English who had followed and joined them, across that river, to con- stitute themselves into independent States. In taking this step it must be admitted that Great Britain was considering merely her own interests. The farmers had not asked for their independence. They protested against being deserted. They declared their inability to provide a Government for two extensive Provinces. Their remonstrances were not effectual. In the year 1852, at the Sand River Convention, the Transvaal territory, now the South African Republic, was made an Independent State. In the year 1854, at the Orange River Convention, Sir George Clarke, the Acting Commis- sioner, transferred “ the Government of the Orange River territory ‘’’ (the territo previously defined by Sir H. Smith's Proclamation) to representatives appointed by the farmers to receive it. Before consenting to undertake this charge the inhabitants made certain stipulations. “They foresaw that, in the settlement of native questions, they would be involved in controversies and difficulties with the British Government unless they had some guarantee against the interference of that Government in such questions.” They required a guarantee “that all Treaties existing with the natives should be cancelled, and that the British Government should not interfere between the * No. 40. g - 3. No. 58, 59 natives and the other inhabitants of the country.” The conditions were thought reasonable, and were accepted. In the Sand River Convention Her Majesty’s Commissioners disclaimed all alliances whatever with any of the coloured tribes north of the Waal. Sir George Clarke, in the 2nd Article of the Convention of the Orange River, declared that Her Majesty's Government had no Treaty with any native Chief beyond that river, with the one exception of Adam Kok, of Philippolis (whom the Free State Government afterwards bought out), and had no intention of forming any such Treaties in the future. These stipulations were entered into in good faith, and were honourably acted on. Mr. Labouchere, writing in 1857 to the Governor of the Cape, directed him to observe strictly the letter and spirit of the Treaties with the two States, and to forbear from interfering in the affairs of the native tribes, “except so far as might be clearly indispensable for the protection of Her Majesty's subjects.” . In 1853 Andreas Waterboer, described by Sir George Cathcart as a small Chief resident beyond the Vaal River, with whom the British Government had a Treaty of old-standing, happened to die. His son Nicholas, the occasion of so much subsequent controversy, applied to Sir George Cathcart to have the Treaty renewed. Sir George Cathcart declined expressly on the ground that, to renew the Treaty would violate the Convention entered into with the Transvaal emigrants. (Cape of Good Hope Corres- pondence, No. 27, p. 435.) - The Republics thus launched into existence agreeably disappointed public expec- tation. They had bound themselves, on their part, not to reintroduce slavery Ostensible or disguised. They were watched with extreme suspicion, and circumstantial accounts reached Europe of the barbarities and cruelties practised there. It is not to be denied that the Executive Government in States so constituted was in its early stages weak; it could not possibly have been otherwise. It is not denied that farmers, in exposed districts, unprotected by police, whose cattle were systematically stolen, defended their property and punished the aggressors. It is not denied also that lawless adventurers from the Colony, or fugitives from justice, drifted into the Republic in considerable numbers, and carried on transactions in remote districts, which were much to be con- demned and regretted. But, whenever the circumstances of such cases were particu- larly enquired into, it was found, from the first in the Orange Free State, and for the last six years certainly in the Transvaal, that the Government exerted its utmost powers, and, when its difficulties are considered, with very great success, to prevent or punish all acts of real injustice against the natives. Anotable instance of this occurred in the year 1855. Particulars, apparently minute and exact, of the massacre of some natives in the Orange Free State, and the carrying off into slavery of their women and children, were forwarded to Sir George Grey, then Governor of the Cape of Good Hope. The Government at Bloemfontein was alleged to have been a consenting party. Sir George Grey, after a careful enquiry, reported that the story was true, but that the perpetrators were not inhabitants of the Free State, but British subjects, and that the Bresident and Council had behaved admirably. “The inhabitants of the Free State,” Sir George Grey wrote to Lord Russell, “have formed a Government which would do credit to any country. The condition of that State is one which is not only very satis- factory, but which reflects the greatest credit on the energy, prudence, and steadfastness of the people.” - Enveloped as the two Republics were by warlike and savage tribes, who had never as yet come in contact with civilization, except as an enemy, it was impossible for ***.*.*.*.*, **w- ºr-se them to establish at once the lenient and indulgent system, which could be tried with. out danger in the older and more thickly inhabited Colony. But the labour laws, and the vagrant laws, of the Orange Free State are not more severe than the laws which were in force in England and Scotland at the beginning of the present century. When stolen cattle were traced to native kraals, and there were collisions, and men were killed, it happened at times that the farmers, instead of leaving the children, who had been made orphans, to die, carried them off, and brought them up as servants in their own households. The same practice had prevailed under British rule in that country before the Convention. It was liable to abuse, and, no doubt, was at times abused, but in itself it was humanely intended, and never under any other aspect was countenanced by the Republican Governments. In the Transvaal, owing to the more mixed and ruder character of the population, a looser system continued for several years after the establishment of independence, and was checked at a comparatively recent period. But even against the Transvaal no transaction has ever been alleged approaching in violence and severity to the measures adopted by a British Government in Natal, on the occasion of the so-called rebellion of Langalibalele. In neither of the two Republics are coloured men allowed to exercise the franchise, or to possess arms, | 4. - * I 2 60 without a license, or to acquire real property. But the evasion of the property law is |already connived at, and the formal disqualification will soon be removed; the arms restriction is a prudent precaution which might be wisely imitated throughout South Africa. The natives, except when criminals or convicts, are as free to contract for their labour as in any other country. A native servant who misconducts himself may be flogged, but he can be flogged only by order of a magistrate, and with gradations and limits of punishment fixed by the law. The system enforced is strict, but not unkind or cruel. It may be said with confidence that when the English Government gave over the country into the farmers’ hands they anticipated and recognized the necessity of a more peremptory mode of native treatment than was permitted in the v. Colony, and the actual administration is not only not more severe than was expected, but very much less so. - The abandonment of the two territories was generally disapproved in the Colony. The regret was not diminished when it was seen with what care and success an orderly state of society had been created there, and with what economy it was administered. Instead of the howling wilderness which the country had appeared to Sir George Clarke, the Orange Free State was found admirably suited for sheep and cattle farm- ing; the soil, especially in the Transvaal, to be of great fertility, and abounding in * : coal, copper, iron, and gold. Population increased by immigration chiefly from amon #the Dutch in the Western Province, where at present there is scarcely a person who #has not a son or a brother settled, or a sister or a daughter married, in one or other of the Republics. Closer intercourse had brought about a general desire for reunion. The British authorities had themselves recognized the mistake of the forced separation, and would have gladly undone their work; and, notwithstanding the unfair treatment which the Orange Free State considered that it had received from the British Govern- ment at the close of the Basuto war in 1868, the irritation was cooling down; and, if #no further cause of distrust had arisen, it is probable, if not certain, that a majority #of the inhabitants of the Orange Free State and of the Transvaal would before this time have petitioned of themselves to be allowed to return under the British flag. At this juncture, diamonds were suddenly discovered to exist in extraordinary quan- tities along the bed of the Vaal River, and in and near a spot on the left bank of the Waal, a few miles distant from it, in a district over which the Orange Free State Government had exercised a de facto jurisdiction from the date of its establishment. The right of that Government had been disputed by the Griqua Chief, Nicholas Water- boer, whose residence was at Griqua Town, on the right of the Waal River, but who , claimed a strip of territory also on the left bank, defined in an old Treaty which had fixed the boundaries between Andreas Waterboer and another Griqua Chief, Adam Kok, as the country lying to the West of a line drawn from Ramah, on the Orange River, to a place called David's Graf, at the confluence of the Modder and Riet Rivers, and from thence to the summit of Platberg, a mountain on the edge of the Vaal River. Sir Harry Smith's Proclamation in 1848 had laid down the Waal River itself as the boundary of the Orange River territory, the government of which was transferred to the Dutch in 1854. If Waterboer owned land to the left of the river, that part of his property was within the British dominion, and the authority over it might have been held by the Dutch to have passed over to themselves. The Treaty of transfer had left unexplained, perhaps purposely, whether the native Chiefs who had before been British subjects had become the subjects of the Europeans to whom the government of the territory was specifically transferred. The native Chiefs con- ceived that they had reverted to their original position. The Republics on their part, never attempted to enforce sovereign rights over them. Some were bought out, others remain to this day independent. The British Government, perhaps, wished to leave the natives and the Europeans to settle their disputes among themselves; as certainly, however, the British Government did solemnly bind itself not to interfere in these disputes in favour of the native Chiefs. The claims of Waterboer to the lands on the left bank of the Waal had been preferred before the British Sovereignty was withdrawn. Major Warden, the British Tresident at Bloemfontain, had issued titles to farms behind the line from Ramah through Davidsgraf to Platberg. Waterboer, accompanied by a missionary, repaired to Bloemfontein to remonstrate. Major Warden, according to the story both of the missionary and of Waterboer, expressed regret for a mistake which he explained as having risen from want of information. 4 Inquiry, however, does not seen to have satisfied Major Warden of the legitimacy of Waterboer's claims, for he continued to issue titles in that portion of the Sovereignty as long as he remained in the country. The dispute was revived on the establishment 61 of the Republic. The Dutch authorities allowed more importance to Waterboer's claims than Major Warden had done. They recognized his right, as being really well- founded, to a tract of valuable land, known as Albania, situated at the angle above the confluence of the Orange and Vaal Rivers, behind the line from Ramah to Davidsgraf. The land behind the extension of the same line from Davidsgraf to Platberg, the unknown depository of such unbounded wealth, appeared then an uninviting and sterile plain. Farms of 10,000 acres could be bought there for 201, or 25l. The preten- sions of Waterboer, to a district which he considered too poor to be worth contending for, had been little heard of. The Free State Government purchased it from the Chief of another tribe of the Griquas, who asserted that he had a right to dispose of it, and though the legitimacy of the sale was challenged by Waterboer, when it was made known to him, it may be held as certain that the rights so acquired by the Free State, and of which it had been in undisturbed possession for fifteen years, would never again have been called in question, except for the extraordinary discovery that this bare and uninviting region was the richest in the world. Waterboer at once revived his claims, and appealed for protection to the British Government. - •, The mines were opened under the Free States Magistrates. It is not disputed that law and order were as well maintained then as at any subsequent time and at a tenth of the cost. The Free State Government at once declared that the annexation was not in accordance with the obligations of the Convention of 1854. They were threatened, through Waterboer's agent, Mr. Arnot, with the loss of their independence if they ventured to resist. A perusal of a letter addressed by Mr. Arnot to Mr. Hohne, the State Secretary at Bloemfontein, in November 1870, will show the spirit in which the correspondence was carried on. The British Government is not to be held responsible for the unauthorized expressions of a gentleman who was in no sense employed by the Crown. Mr. Arnot tells Mr. Hohne that he was directed by Waterboer to transmit a copy of his letter to the High Commissioner “as representing your Sovereign the Queen of England,” and to express the Chief's surprise that a community, like yours of the Free State, unabsolved from your allegiance to the British Crown, and therefore virtually still British subjects, merely on sufferance allowed to rule yourselves, should in so gross a manner risk (unless you wished, and as we all here think it a matter much to be desired) that the freedom of self-government should be withdrawn from you in going dead against the unmistakeably decided behest of the High Commissioner, whose authority as representing Her Majesty, the Chief looks upon as the sole paramount power in South Africa, and the Chief is of opinion that you would do well to coincide in that doctrine, the opinion here in Griqua-Land being that until the Free State understands better the meaning of the Convention, the very essence of your political existence, it would remain a sorry blunder to allow the Free State as a community to remain any longer a cast-off of the British Realm. (David Arnot to Mr. Hohne, No. 7, 1870. Cape of Good Hope Correspondence, No. 27, p. 121.) - A precedent for the adoption of Waterboer's cause was found in the protection which had been extended to the Basutos at the close of the late war, an act which, if it was really a breach of Treaty on the part of Great Britain, would be no justification of subsequent wrong; but which, whether fair to the Free State or not, was, it is argued by the advocates of the Free State, materially different in every important point from assuming the Government of the Diamond Fields. The Free State had never been in occupation of Basutoland. The British Government was under special obligations to Moshesh, the Basuto Chief, for various past services. The adoption of the Basutos as British subjects was a bond fide generous interference to save a large and promising tribe from the last consequences of the war which they had provoked. It was condoned, if at first resented, by the Free State. At the Aliwal Convention, which followed on the close of the war in 1869, the Treaty of 1854 was solemnly renewed, and the Free State naturally argued that the British Government was thereby disentitled to use the breach of it as an example V which might be repeated. An attempt was made indeed to represent the interference in behalf of Waterboer as a similar act of benevolent protection, and the Griquas as an interesting race, by whose agency General Hay, then Governor at the Cape, was persuaded that “Africa might eventually in great part be civilized” (General Hay to the Earl of Kimberley, November 19, 1871). ^. - The Griquas, a cross-bred people, the least important of the wretched tribes who occupy that part of the continent, were becoming so insignificant that the larger section of them, under Adam Kok, had already disappeared out of the country, and been transferred to a location on the border of Natal. So little real anxiety 62 is there to protect Waterboer's rights that the territory claimed in his name has been broken up into 1,500 farms of 7,000 acres each, 150 of which have been allotted to the Chief and his tribe, and the rest are to be sold for the benefit of the British * Government in the Colony of Griqua-Land West. : The sudden influx into the diamondiferous territory of a rough and disorganized # population furnished a real reason for the introduction of a more vigorous authority # than the Free State might, perhaps, have been able to establish. If the pretext of # necessity had been boldly avowed, it would have been to some extent recognized in the Free State, and would, at all events have created far less irritation than the pleas of justification which were put forward. The Free State was charged with having itself broken the Convention by slave dealing. The Free State demanded | proof, and the accusation was withdrawn. (Bloemfontein Blue Book, No. 1, p. 86.) The claim was made to stand on the rights of Waterboer, who, as soon as he was taken under protection, made over the whole district to Great Britain. Tord Kimberley, then Secretary of State for the Colonies, though hesitatingly and with avowed reluctance, consented to the annexation, on a condition, however, repeatedly and stringently £expressed to the Governor of the Cape, that the British Government “would not be a $party to the annexation of any territory which the Cape Colony would be unable to $govern and defend by its own unaided resources;” or, as Lord Kimberley finally §expressed it, unless “the Cape Parliament would formally bind itself to undertake the #ºniº, of governing the territory which was to be united to it, together with the 3. maintenance of any force which might be necessary for the preservation of . $order.” (Sir F. Rogers to Mr. Hammond, January 3, 1871; the Earl of Kim- *berley to Sir Henry Barkly, January 24 and May 18, 1871. Cape of Good Hope $Correspondence.) - The Cape Parliament complied with Lord Kimberley's stipulation, and passed a resolution taking on itself the responsibility of the annexation. The Free State Government offered no resistance, but withdrew its magistrates under protest, and published an appeal to the world against a proceeding which it not unnaturally regarded as an act of arbitrary spoliation. The annexation was no sooner completed than the impolicy of it, in the absence of a sound system of Government, became obvious. Diamonds were found in enormous quantities; prices rose, money poured in, and trade and revenue doubled and trebled, but no advantage accrued either to the Colony or to the British Crown, which would not have been attained equally well if the Free State had been left in possession. The Dutch throughout South Africa, who have long memories, and have not yet forgotten the conquest, resented the injury to their countrymen, as the last and worst of a series s of wrongs, which they conceived themselves to have received at the hands of Great : Britain. The Free State itself, which had been inclining to re-incorporation with the * Colony, became alienated, while it was perceived also that, if the Diamond Fields had # been left to the Free State, the mere influx of so many thousand British subjects would ; have given to the British party the preponderating control of the State, and would t º # have immediately reinstated the British flag at Bloemfontein with the consent of the * Volksraad. The Cape Parliament at once repudiated the obligation which it had *undertaken, and refused to meddle with the new acquisition till the Free State was satisfied. The simultaneous introduction of responsible government into the Colony, |º the gravity as well as the difficulty of the situation; for the Dutch and their friends commanded a majority in the Assembly, and no Minister could venture with a w/ #, ; hope of success to invite either the Council or the Lower House to take a quarrel on itself, which daily grew less capable of solution. The President of the Orange Free "State demanded the arbitration of an independent foreign Power. Before the terms of the arbitration could be settled, it was found in Griqua-Land that the most precious part of the Province was still unsecured. The line claimed for Waterboer, from Ramah, on the Orange River, to David's Graf, at the confluence of the Modder and Riet Rivers, and thence to Platberg, on the Waal River, might be found to miss, after all, the richest portion of the Diamond Fields. .- r Ramah, therefore, according to the representations of the Government at Bloem- fontein, has been moved five miles up the Orange River. “David” was found to have been buried, not at the junction of the Modder and Riet, but ten miles above it. Platberg has been pushed forward from the old spot close to the river to the extremity of the range, of which it is a part. Thus, on the back of the first demand for arbitration, whether, in the face of the Convention, the British Government ought to have taken over Waterboer's country, a second had become necessary to define the **~~~ boundaries between the British territory and the Free State. Minor quarrels were of *ſee, ,---------" ºr. -- - ~ra.-- * * ***** * ~ * 63 daily growth, for the farmers along the line did not know to what Government they belonged. In the Orange Free State, the laws forbidding the importation of arms for sale among the natives are strictly enforced. In Griqua-Land, to attract labour to the mines, natives are freely permitted to purchase arms. So eager are the natives to acquire guns, that they come thither for no other purpose, and hundreds of thousands of guns and rifles have, in three years, found their way into the interior through this channel. The Orange Free State resented the disregard of what had been considered hitherto an indispensable precaution. Gangs of natives returning to their homes with their guns through the Free State territory were disarmed. The easiest road from the Colony to the Diamond Fields, runs in places along the disputed boundary. Carts loaded with fire-arms were seized there by the Free State Magistrates. Resti- tution was demanded, and compensation, at four days' notice, with threats of hostility if it was refused. Sir Henry Barkly informed the President that, pending the arbitration, an attempt of the Free State to exercise jurisdiction within the lines laid down by the British surveyor would be treated as an act of aggression, and a collision would be inevitable. Meanwhile, the Arbitration itself hung fire. The questions at issue were perfectly simple, but a Deed of Submission could not be agreed on; the High Commissioner, when an arrangement appeared to be approaching, making alterations or introducing conditions, to which the President could not agree. The High Commissioner was, doubtless, properly careful of the interests of Great Britain, but the result was the protraction of a situation, which at any moment might have resolved itself into war. To the quarrel with the Free State was now added another, from the same cause, with the South African Republic. Waterboer's country having been absorbed, the Griqua-Land Government was ambitious of extending its boundaries to the north and east, into the territory occupied by the Batlapins and Baralongs. Rival claimants were in the field for the Chieftainship over these tribes. One placed himself under the protection of the President of the Republic, the other applied to the Governor of Griqua- Land to be taken with his people as a British subject. A fresh boundary question rose. An arbitration was proposed, and, in this instance, both parties agreed to it. But the award in favour of the British Government, was repudiated by the President and Volksraad of the Republic on the ground among others that one of the Arbitrators, contrary to his Oath, had been proved to be an interested party. A person named Smith, a man of notoriously bad character, calling himself a British subject, had been imprisoned in the Republic. The High Commissioner demanded redress, and sent an ultimatum ; and the relations of the British Government with both these two States were thus in a situation which might at any moment take the form of open hostility, and of the forcible restoration of British authority there. The refusal of the President of the South African Republic to submit to the ultimatum of the High Commissioner had just been published when I visited South Africa at the close of 1874. T went from Natal to Pretoria ; from Pretoria to the Diamond Fields; from the Diamond Rields to Bloemfontein. I returned after- wards through the Colony to Port Elizabeth, and thence to Cape Town. I had an opportunity of conversing with everyone who had been concerned in the trans- actions which I have been describing, and of learning the general state of opinion about them in each of the different States. The evidence on matters of fact was hopelessly conflicting. I could form no conclusion (it would have been presump- . tuous for a stranger to have attempted to do so) on the true site of Platberg or David's Graf, or the relative claims of contending pretenders to the Chieftainship of the Barolongs. I was told, that in the part which we had taken, we were deliberately reversing the policy of 1854, and indefinitely extending our responsibilities in the interior of the Continent; that in doing so, we were believed by every Dutch- man in Africa to have broken faith; that the cause of the Free State was taken up as an injury to themselves by all the Dutch in the old Colony, and that if the Colony was to be a self-governed dependency, we were gratuitously and bitterly alienating a powerful part of the community, whom it was our special interest to con- ciliate. In the Eastern Province of the Colony which had at first advocated the annexation of Griqua-Land, I did not find a single person, not personally interested in the maintenance of the British Government at the Diamond Fields, who did not recognize that a mistake had been made, and did not deprecate the policy pursued. In the Western Provinces the annexation was not only regretted as a blunder, but was resented as a crime. If we were willing to retrace the step which we had taken, the problem was still perplexing. The Cape Parliament would give no assistance, and left the discredit to Great Britain, while assuring the Republics of their own sympathy : i t t ; i 64 and affection. If the Diamond Fields were found on fuller inquiry to have been the property of the Orange Free State, 40,000 British subjects were now settled there, who % could not be transferred against their will to another Government. The President adhered to his demand for arbitration. He, and his people, he said, required nothing but justice. Let some independent Foreign Power declare that his complaints were unfounded, and he would be perfectly satisfied. But if the Arbitrators or Arbitrator were to decide that the annexation had been unjust, the difficulty about the popula- tion would remain; and most moderate persons with whom I conversed, were of ' ' opinion that it was a case for compromise and mutual concession; and that the most expedient course would be for Great Britain to invite half-a-dozen experienced men from the Colony and the other States to review the situation, and advise her on what it would be best to do in the general interest of South Africa. Mr. Molteno, who was kind enough to allow me several interviews with him at Cape Town, declined to enter directly on the subject with me, on the ground that it was not his province. But he gave me to understand distinctly that his general views were the same as those of the rest of the community. He regretted the annexation as impolitic. He was as emphatic as possible, however, in his resolution to have nothing to do with the matter. He refused to regard the vote of the Cape Parliament, taken in 1871, before the change in the form of Government, as binding upon himself, and he gave me no hope that he would invite the Parliament to take up the quarrel. Mr. Molteno was so peremptory, and so decided in his unwillingness to go into the subject in detail, that I did not press him, my conversation with him at this time being principally on another matter. When I returned to Cape Town from the interior I found the excitement at its height about Langalibalele and the disturbance in Natal. Opinion at the Cape had been in favour of the action taken by the Natal Government. The danger of a native insurrection was regarded as real and imminent. The slightest symptom of insubordination, I was told, required instant and stern repression. Langalibalele himself had been sent down from Natal. The Cape Government had taken charge of him, and had sent him as a State prisoner to Robbin island. The news had just arrived that your Lordship had formed a milder estimate of Langalibalele's guilt; you had recommended that he should be removed from the convict station on the island, and that a residence should be provided for himself and his family in some part of the Cape Colony. Mr. Molteno had replied by a Minute, rejecting your Lordship's suggestion as an interference with the constitutional liberties which the Colony possessed under responsible Government. To myself he stated moderately and fairly that if the Colony was to be saddled with its own defence it must be allowed to control | the native policy. Though his authority did not extend to Natal, he warned me that the connection between the natives in all parts of Soutfº Africa was so intimate that we could do nothing there by which the interests of the Colony would not be | endangered if our action were unwise. He spoke so reasonably, that when he told me at last that, although against his judgment, he was prepared to submit his opinion to that of your Lordship, if your Lordship remained unconvinced, in order to prevent a collision between the Colony and the Imperial Government, he taught me to entertain a very high respect for his intelligence and statesmanlike good sense. At the risk of his popularity he introduced a Bill into the Legislature to carry out your Lordship's wishes, and Langalibalele now resides near Cape Town in greater comfort than he ever enjoyed before. I had myself in the meantime returned to England. I gave your Lordship an account of the impressions which I had formed. Your Lordship had arrived independently at the opinion that it would be unwise to press to extremities the quarrel with the two Republics. You were conscious also that, although in the treatment of Langalibalele you had been obliged to dissent from the general Colonial feeling, yet that Mr. Molteno was justified in maintaining that, after the establishment of responsible Government at the Cape, the Ministers there must have the general direction of the native policy in the Colony, and that in the introduction of any changes beyond the border of the Colony it would be fair and just to consult them. Your Lordship was of opinion, I believe, that it was desirable for the Imperial Govern- ment to interfere as little as possible between the native tribes and the European residents, on whom the practical government of the natives must necessarily fall. Your Lordship felt also that Mr. Molteno was specially entitled to consideration, because he had made some sacrifices and incurred some unpopularity in withdrawing his opposition to the relief and partial release of Langalibalele, which your Lordship had been obliged to recommend. Thus your Lordship had before you two matters of great consequence which required to be immediately dealt with, the dispute with the Republics arising out of 65 \f the annexation of Griqua-Land West, and the native management in Natal,—a review of which had become imperatively necessary. The Cape Parliament had repudiated its responsibilities with the first; with the second, it had no right to interfere; yet in neither case could anything be done without touching the interests of the Cape Colony; With regard to the Diamond Fields, your Lordship was entitled, had you thought good, to inform the Cape Parliament that the annexation had been conditionally sanctioned by it, and that the Cape Parliament must redeem its promise, or that, the British Government must withdraw from the occupation of the Fields. If the Colony was unwilling to embroil itself with the Republic, still less reason was there for Great Britain to maintain a position from which it derived no particle of advantage, while it was making itself an object of general ill-will. Your Lordship desired to deal generously with the Cape Parliament, and preferred a less extreme course. . .You declined to press Mr. Molteno on a point which he was so reluctant to touch; while to show your appreciation of Mr. Molteno's conduct in the affair of Langalibalele, and to prevent a recurrence of a difference of opinion on the native management, you troposed to take the Colony into your counsel, and to ask for its advice, as a guide to yourself, in reorganizing the native administration in Natal. With these intentions, and with the impression that your motive would be under: stood and appreciated, by the Colonial Government, your Lordship proposed that a small number of eminent persons from the several States of South Africa should meet together to review the native question, to consider the Griqua-Land ques: tion in its various bearings, and to report their conclusions to yourself. You did not ask for a formal Conference, composed of elected Delegates, the decisions of which might carry binding force. The responsibility of action was with yourself, which you had neither desire nor intention of parting with. You wished only for the assistance of a few distinguished individuals who would be best able to advise you. You men- tioned Mr. Molteno and another prominent member of the Cape Legislature as acquainted with the feelings respectively of the Western and Eastern Provinces; leaving the Cape Government to nominate others, if they preferred to do so. You mentioned Mr. Shepstone, the Secretary for Native Affairs in Natal, and for Griqua- Land West, the Lieutenant-Governor, who had been specially responsible for the annexation, the able and experienced Mr. Southey. You expressed your hope that the Republics would choose representatives of their own, and assist you in an attempt to compose existing differences, to soothe animosities, and by drawing all the States into closer union together, to diminish the danger of a native insurrection, which had been alleged in defence of the severe measures adopted towards Langabalilele and his tribe. Had your Lordship been so pleased, you might have omitted the Cape Colony from the invitation, since the Colony alone of the five States had no direct concern in either of the subjects which would come under discussion. You considered, however, that the Colony ought hot only to take a part, but ought to take the leading and foremost part; and, notwi standing what has since occurred, I am of opinion that if your Tordship had omitted the Colony from your invitation, the resentmeut of the Cape Ministers and Parliament would have been no less violent than it has been, and would have résted on more substantial grounds. You addressed your despatch upon the subject to the Governor of the Cape, with the intention that it should be at once published, and be considered deliberately and for some time in every part of the country before any action was taken upon it. Your Lordship had done me the honour of mentioning myself as the person whom your Lordship had selected to represent the Imperial Government when the Conference should meet. My function was to be that of a listener only. I was to collect the opinions of others. I had none to express of my own. I followed the despatch at an interval of three weeks, and I landed at Cape Town. On the 19th of June. * I was prepared for many difficulties. I was certainly not prepared for the news which met me on my arrival—that the despatch, which had been conceived at any rate with the most studied consideration for the Cape Colony, had been received by the Cape Ministers and Parliament as an invasion of their constitutional privileges. It had been laid on the table of the House of Assembly, accompanied by a Ministerial Minute severely condemning it, and had been published with the Minute attached to it. The Upper House had deprecated hasty action till time had been allowed for con- sideration, but the Lower House, not contented with the Minute, had passed a resolution of a yet more violent character. The Minute complained of the introduction of an important proposal from the Secretary of State without previous consultation with the responsible Ministers. The nomination of representatives was condemned as unsatis- * º as calculated to revive animosities between the Eastern and Western - 190 66 Ś . Provinces; and the invitation itself as ill-timed. The initiative, the Ministers insisted belonged to the Colony, for which the Secretary of State ought to have waited. The resolution of the Lower House, moved by a private member, but supported by the Ministers, added that the Colony was the best judge of the time when it was for its own interests that such subjects as your Lordship desired to submit to a Conference should be brought forward for discussion; and virtually desired the Imperial Government to mind its own business. So extraordinary a misconception of your Lordship's meaning had not prevailed without opposition. Twenty-three members of the Assembly, out of a House of fifty-five, had adopted the more cautious views of the Council. The pro- vincial press was expressing a general regret at the precipitate action of the Ministers, and calling out for fuller information. Several members of the Houses of the Legis- lature waited upon me, on the steamer entering the docks, to assure me of their conviction that the reception which had been given to the despatch was founded on some strange mistake, and to ask me to take an early opportunity of informing the Colony what your Lordship really meant. In the debate your Lordship had been accused freely of the most corrupt and dishonest motives. You were said to have desired insidiously to throw on the Colony the expense of defending Natal ; you | wished to force the Colony to assist you in oppressing the two Republics; you meant to introduce some new and wild native policy, which might bring on a Kafir war. I could tell them what the truth really was, and they demanded to know what I had to say. º I was so astonished at what I had heard, that I could at first come to no resolution what I ought to do. I could not conceive how Mr. Molteno could have been under a misapprehension, for I had written to him with the utmost fullness and confidence. The Ministers might claim the initiative under their constitution, in their own province of domestic legislation. But the subjects of your Lordship's despatch were Imperial and external, in which the Ministers of the Cape Colony had no more right to initiate a policy than in the relations of Great Britain with Canada or Australia. The Colony had been invited to give its advice. It was at liberty to decline; but the reasons alleged for the refusal appeared incomprehensible. I said that it was certainly necessary to let the Colony know the truth, and that I would avail myself of the first opening that presented itself to do so. At the moment, however, I could make no positive engage- ment. The Governor had sent his carriage for me, with a request that I would come to him immediately. He informed me briefly of what had taken place. Your Lordship's proposals, he said, were unpalatable. The Ministers and Parliament had declined to entertain them. The opposition, whose object was to embarrass Mr. Molteno's Cabinet, had taken up the despatch, and were using it for party purposes. They would probably make advances to myself, and he was bound to . impress upon me that in a Colony under responsible Governmeº, the Secretary of State could only communicate with the people constitutionally º the channel of the Ministers; that in consequence I must, under no circumstancés, tºke a part in any public meeting assembled for a political purpose. I listened with increasing surprise. A Colony with or without responsible Government has no external policy. The responsible Ministers of the Colony are the Constitutional Advisers of the Crown for the internal affairs of the Colony, and the Secretary of State has nothing to do with them; but the Secretary of State is the Adviser of the Crown, so far as the Colony is a part of the Empire, and stands in relation to other parts of the Empire, or to foreign Powers. If the Secretary of State finds it ... necessary to address the people and Parliament of the Colony on such subjects, he invites the assistance of the Responsible Ministers in the first instance out of courtesy and convenience. If he appears to be misunderstood or misrepresented by the Ministers, any independent British subject is free to state what he believes to be the truth. So, at least, I had always understood the theory of Responsible Government in the Colonies. I assured the Governor that the Ministers were under a complete misapprehension of your Lordship's meaning; that you were asking the Colony for nothing but advice; and that if they had led the people to suppose that you were violating their constitution, or had other purposes in your despatch which had not been avowed, so false and unjust an impression ought not to be allowed to remain. I complained of the haste with which the Ministers had acted. He said that they had done what they held to be their duty. He had wished to publish the despatch in the usual way, without the Minute of the Ministers being attached to it; but Mr. Molteno had told him that if he did so, he must himself resign, , and he would not have been justified in accepting a resignation under such circum- stances. In his capacity of High Commissioner, the Governor of the Cape has excep- 67 tional advantages; he is exempt from the control of his Responsible Advisers, and stands in a different and independent relation to each and all of the South African States. The despatch being general, and not addressed to the Cape Colony alone, it appeared to me that Sir Henry Barkly had it in his power, without violating constitu- tional etiquette in the smallest degree, to have set your proposition before the country in its true colours. He did not encourage me to hope that he would exert himself, either in this way or in any other way. He appeared, in spite of all that I could say, to remain of opinion that the despatch had met a reception for which the Colonial Office ought to have been prepared. He again insisted that if I accepted any invita- tion to speak in public, I should be committing a constitutional offence. I said the misconception was so gross, that it must be corrected in some way. He replied that he had done his duty in warning me. If I chose to disregard his intimation, I must do it on my own responsibility, but neither he nor Mr. Molteno would be resent. p Although Mr. Molteno's conduct was inexplicable to me after the letter which I had written to him, yet your Lordship had so high a respect both for his intelligence and his character, that I was convinced that, in some way or another, he must be himself under an illusion. Your Lordship's motives were so transparent; you had been governed so entirely by a wish to consult the interests of the Colony, and to let yourself be especially guided, as I well knew, by the opinion of Mr. Molteno himself, that I was still persuaded that when he knew the truth, he would regret his pre- cipitation; and that when undeceived himself, he would withdraw his Minute, and induce the Parliament to rescind its resolution. He might continue to decline to advise the Colony to take part in a Conference, but I could not believe that he would adhere to the grounds which he had alleged for his refusal. I waited on Mr. Molteno the following morning, and I regretted to find that I had been mistaken. I explained the objects of the despatch. He either did not believe me, or what I said did not remove his objection. He said that before your Tordship had invited a South African Conference, he ought to have been himself first consulted. I answered that the subjects with which the Conference was to concern itself did not fall within his province as Minister of the Colony. He was only invited to advise. Mr. Molteno did not admit the force of the reply. The Colony, he said, by taking part in the Conference, might be incurring unknown obligations. Everything was going on well with them. They wanted no change and no disturbance. Your Lordship, by nominating an eastern representative, was encouraging a feud between the Eastern and Western Provinces; shaking the credit of the Colony in the money-market; and countenancing the agitation in Grahamstown and Port Elizabeth for a separate Government. I told him that his fears were beside the mark; you had never dreamt of entangling the Colony in obligations, or had any sinister purpose whatsoever ; you wanted nothing, but to learn from himself and others in the Colony how you could settle the dispute with the Free States, and rearrange the native administration in Natal in the manner which would give most general satisfaction. * As to the separation of the provinces, I was ignorant of the views entertained on that subject by the Imperial Government, but I was perfectly certain that no thought of encouraging it was in your mind when you nominated Mr. Paterson, for you had never alluded to the subject in your conversations with me. I regarded it myself as a question for the Colony to decide, with which the Imperial Government would be reluc- tant to interfere. Mr. Molteno said the movement for Confederation was premature; the country was not ripe for it. I replied that you had not pressed Confederation; you had alluded to it merely as a possible solution of other problems which might present itself during the discussion of them, but you had distinctly said that it was a matter for the several States to determine among themselves. I brought him back to your real purpose—the Griqua-Land question and the native question. Grave difficulties had arisen on both these subjects beyond the Colonial frontier, which required to be dealt with immediately. On many hundred farms the owners did not know to what Government they owed allegiance. We had a repudiated arbitration on one hand with the Transvaal Republic. The quarrel with the Orange Free State was every day becoming more embittered, and the irritation was spreading through the Colony. We had taken over Griqua-Land only when encouraged to take it by a vote of the Cape Parliament. We had no interest in it ourselves, and only desired to settle equitably the differences which had arisen out of the occupation of that country. As to native management in Natal, I reminded him that he had himself told me that we could take no steps there which would not act upon the Colony. We had, therefore, proposed to consult the Colony out of pure courtesy and consideration for 3, e K 2 6s 3. º º * | himself. He said that we might do as we pleased in Natal. The Colony did not want to interfere with us, and we ought not to interfere with the Colony. As to Griqua- Tand, he said it was no affair of his, and he would not meddle with it. The conversation was evidently leading to no satisfactory conclusion. I told him I thought he had treated your despatch precipitately and discourteously. He said that he was sorry that such was my opinion, but he could not agree with me; and he gave me no hope that he would bring the subject again before Parliament, or take any further steps in connection with it, adhering steadily to his position, that the manner in which the Conference had been proposed was not constitutional, and that you ought first to have applied to himself. In conclusion, I said that although he adhered to his own resolution, it was unfair to your Lordship that the people of the Colony should be left with a false impression of your Lordship's objects in proposing a Conference. The Ministers might decide as they pleased on the propriety of the Colony taking part in it, but the people ought at least to know that you had no sinister purpose of sliding off upon the Colony Imperial responsibilities, and that you had not trespassed upon their political privileges. I had been invited to give a public explana- tion of this despatch, and I thought that it would be my duty to comply. Mr. Molteno replied to the same purpose as the Governor, that the responsible Minister was the proper person through whom communications could be made to the Colony. He said that if I had fresh information to give he would lay it before the Parliament; but I had no information to give beyond what he already possessed, and my explanation seemed to produce no effect upon him. He spoke, however, very kindly on this point when it was first mentioned, and less positively than the Governor had done, and added that he did not wish to lay any unnecessary restraint upon me. I was still unable to believe that the intrepretation of his opposition which Mr. Molteno had given me was the real account of it. The arguments which he had alleged seemed more like excuses to justify a course which had been adopted from another motive, than reasons which could have induced an experienced statesman to have given a reception so rude and uncalled for, to an overture which had been courteously intended. Unless he supposed that I was deliberately deceiving him, he could no longer pretend that your Lordship was either wishing to throw off upon the Cape Parliament your troubles with Griqua-Land or Natal, or to divide the Eastern and Western Provinces, or to force on Confederation against the wishes of the people. Nor did I conceive that he could continue to attach importance to his constitutional objection when I had satisfied him that the Conference was in no way designed to affect the internal affairs of the Colony. On leaving him, I endeavoured to learn from others the true account of what had happened. It appeared that many causes had combined. Colonists are apt to suspect communications from the mother country, which come on them as a surprise. They do not credit a Colonial Minister with being disinterested, and the more fair, his language, the more they assure themselves that a mystery lies behind it. The despatch had arrived at a critical moment. The excitement at the Langali- balele debate in the Assembly had scarcely subsided. Your Lordship's action in that matter had been denounced by some as dictatorial, and as infringing on Colonial liberties. Mr. Molteno himself had incurred the reproaches of the Opposition for his statesman- like and wise acquiescence in your Lordship's wishes, and had perhaps been not unwilling to use the first opportunity which offered itself to show his independence when it could properly be done. Accidental expressions in the despatch itself had offended local susceptibilities. The nomination of delegates had been resented, and the motive of it had been misunderstood. Mr. Molteno, the Premier of the whole Colony, was dis- pleased to find himself placed on a level with Mr. Paterson, and named to represent but a part of it. Other gentlemen, who were not named, were displeased with the preference allowed to Mr. Paterson, and perhaps really saw in it, as they pretended, a design of re- viving the separation question; while again the general and informal character, which your Lordship desired the Conference to bear, would lead with certainty to the bringing up a variety of sore subjects, with which the consciences of the Cape Town politicians were but too well acquainted; and the existence of which has been so clearly proved by the eagerness with which your Lordship's proposal has been taken up by the people. The revenue of the Cape Colony is at present a million and a half; half a million, at least, is derived from duties upon goods imported for the interior States of Griqua-Land and the Republics. The Cape Government has refused hitherto to allow any drawback on their goods, or come to any terms at all with the interior States. A Conference of Delegates would, in all likelihood, insist on a fairer partition. The idea of Confederation, to which your Lordship had alluded, has a powerful 69 hold on the imagination of the majority of South Africans. The Cape Town party felt instinctively that the cause of Confederation would be greatly promoted by the Conference; that if South Africa became a dominion, Cape Town itself might no longer remain the seat of government; and that they would lose the monopoly of power which they had previously enjoyed. Union with the Diamond Fields and Natal would increase the influence of the Eastern Province, give the eastern party in Parliament a majority of votes, and create a revolution in the relations of political arties. - - p These possibilities, which explain the popularity of the Conference in the provinces, explain, also, why it was distasteful at Cape Town. The Ministerialists assumed that the results which they so much feared from the Conference had been present in your Lordship's mind when you suggested it. They naturally considered that a step involving important consequences to themselves, ought not to have been taken without consultation with the Cape Government; that the initiative should have been left to themselves; or that, as Mr. Sprigg’s motion put it, they were themselves the best judges when such subjects could be brought forward, without prejudice to their own interests. They had failed to perceive that the Conference, as proposed by your Lordship, had reference to none of these things, and that, if the discussion of them had arisen, if the interior States had insisted upon and obtained consideration in the matter of their customs, or if the Eastern Province obtained a larger share of power, in return for contributing three-fifths of the revenue, the initiative would have come from the Conference itself,-from the action of the South Africans themselves. The Imperial Government had no intention of pressing any one of these points upon them. A misgiving lest a legitimate inquiry into the means of solving a difficult Imperial problem should bring to light some other disorders or inequalities, which particular parties were interested in keeping out of sight, may be an adequate explanation of an anxiety to prevent such an inquiry from being held; but the probabilities of such contingencies, instead of being objections to the course proposed, are, in fact, but additional evidences of the desirableness and wisdom of it. To cover alarms which could not be decently confessed, the Conference was represented to the world as an insidious attempt to throw on the Colony the responsi- 3 bilities of Natal, or again, so reckless were the imputations on your Lordship's motives, as an attempt to force the Colony to assist the Imperial Government in coercing or oppressing the two Republics. “You have trampled on those poor States, Sir,” said an indignant member of the Cape Parliament to me, “till the country cries shame upon you, and you come now to us to assist you in your tyranny ; we will not do it Sir ; we are astonished that you should dare to ask us.” It was difficult to sit silent in the presence of misrepresentations or misunder- standings so wild, especially when, from so many sides, there were signs of a truer and more generous appreciation of your Lordship's purpose, and when I was called on so emphatically to reply to them. If Mr. Molteno would have communicated to the Parliament or in any way made public what I had said to him, there would have been no occasion for me to open my lips. If the Governor, in his capacity of High Com- missioner, could have seen his way to lend assistance, I should have been delighted to have escaped from my intricate position, and to have placed the conduct of so delicate a business in his able and practiced hands. But the Minister, while he objected to my communicating with the people, except through himself, showed mo disposition to tell the people what I had to say, while the Governor felt himself unable to stir under what he conceived to be his constitutional obligations. I was conscious that in acting on my own judgment, in opposition to the warning of the Governor, and to the wishes, if not the injunction, of Mr. Molteno, I should be incurring a grave responsibility. I recognized the extreme impropriety of flying in the face of the established Government of the Colony. As a matter of right, however, I could not admit the constitutional position which Mr. Molteno had taken up. Your Lordship's despatch, it could not be too often insisted on, had no reference to matters within Mr. Molteno's province as Minister of the Colony. If your Lordship had a right to address yourself to all the States of South Africa, the Ministers of one Colony could not legitimately prohibit the person whom your Lordship had sent to represent you at the Conference from explaining your meaning to the rest. Technically I held no commission which could act as a disqualification. Your Lordship i. had given me no formal instructions, and you had simply spoken of me in the despatch as intending to return to South Africa, and as having been deputed by you, while in the country, to attend the Conference in your behalf. So long as the Cape Colony refused to take a part in the Conference I held no official position | 3, 70 of any kind. If your Lordship had nominated a Colonist to represent the Imperial Government at the Conference, it was inconceivable that if the proposal was rejected the fact of your nomination would disqualify such a person from addressing his countrymen on a matter of Imperial interest, and I was unable to see that as a British subject I could be any more disqualified myself. The Ministerial papers were every day insisting on the most sinister interpretation of your Lordship's motives. The people were calling on me loudly for a contradiction, if a contradiction was possible. . . The remaining States were no less anxious to know your Lordship's meaning than the people of the Colony, and I was made to feel that if I remained silent till a fresh despatch could arrive from your Lordship, impressions might be formed which it would be difficult afterwards to eradicate, and resolutions might be hastily arrived at which might be regretted afterwards, but might not be easily undone. I was thus in a position of extreme embarrassment. I was conscious, I believe, in the highest degree, of the impropriety of opposing the wishes of the constitutional authorities in the Colony. It was equally undesirable to allow an extravagant and unjust impression from gaining a hold of public opinion. For many days I could not decide what I should do. I saw Mr. Molteno repeatedly. I assured him that your Tordship had desired that the management of the Conference should be in his own hands. He might arrange the representation as he pleased. He might impose whatever limits he pleased on the subjects to be discussed, provided he did not exclude the consideration of the quarrel with the independent States. I repeated that in proposing the Conference your Lordship had conceived that you would be meeting his own wishes, and would expect me to conform to them in the arrangement of the details. Nothing that I could say produced the slightest effect. It was evident that he considered that he regarded the proposal having emanated from yourself as an infringement of his own right as first Minister of the Colony. Something might have been done, he said, if he had been consulted beforehand; but your Lordship had chosen to act without reference to him- self, and his duty required him to persist in his refusal. I returned to the demand made upon myself to give a public explanation of the despatch. He had spoken of his duties. I said that I lay between two duties, I had a duty to the Government of the Colony, and I had a duty to your Lordship. I could not permit a misrepresentation of motives which I knew to be pure and disinterested to pass without challenge. I asked him to lay down the lines of what he considered to be my constitutional obligations while I remained in the Colony; was I to accept no invitations at all to public receptions? Or, if I accepted invitations, were my lips to remain absolutely closed ? Eſe replied generously that he would not bind me so hardly; but he repeated that I had no right to oppose the Ministers of the Colony in the name of the Imperial Government, or to make any communication from your Lordship to the people except through the official channels. I had no communication to make, for your despatch was already before the world, disfigured only by the misconstructions which had been placed upon it. I had not the slightest desire to connect myself with the leaders of the Opposition in Parliament. I had a very great respect for Mr. Molteno's abilities and character. I thought, indeed, that it would be a serious misfortune to the Colony should it lose his services. I had been invited to a public dinner in Cape Town. You had given me no direction how to actin a situation so entirely unanticipated. I decided at last, entirely on my own responsibility, to accept the invitation, provided that it had no party character, and that the Minister and the Governor should be invited also. I was aware that I was running a personal risk; but I knew also that, if I was doing wrong, I alone was to be blamed, and that in the interests of truth it could be of advantage to no one that a false impression should pass undisputed. I was still persuaded that the Ministers and Parliament had really acted under a mistaken conception of your Lordship's objects, and that their objection would disappear when the truth was plainly put before them. k } . At the dinner neither the Ministers nor the Governor were present; but the assemblage, in spite of their absence, had not the character which I deprecated. The promoters of it were Members of the Assembly and the Council, several of whom had been hitherto Mr. Molteno's strongest supporters. Half the gentlemen were Dutchmen from Cape Town and the neighbourhood; all, or almost all, belonged to the Western JProvince, by the votes of which Mr. Molteno had been maintained in office. I had a simple story to tell. I told it as plainly as I could. What I said was published in the provincial papers, and the effect undoubtedly was to increase the agitation which had already commenced in condemnation of the Ministers'action. The press throughout South 71 Africa became unanimous to an extent never known before; out of more than twenty newspapers, two Ministerial papers in Cape Town and one in the Eastern Provinces alone defended what had been done. Meetings were held in all the principal towns in the Colony, where the Members who had supported Mr. Molteno's Minute were censured, and addresses of thanks were voted to your Lordship. In a few weeks there was . scarcely a town or district of consequence in which a genuine and hearty appreciation of your Lordship's intentions had not been publicly expressed, with a regret that those intentions should have been so signally misinterpreted by the Parliament. The replies to your Lordship's invitation from the remaining States were no less gracious and cordial. Natal and Griqua-Land West declared at once their willingness to be represented at the Conference. The President of the Orange Free State, and the acting President of the South African Republic, professed themselves warmly grateful to your Lordship for the interest which you were displaying in South African affairs. They both indeed said respectfully, but firmly, that they could take no part in a dis- cussion in which they might be invited to surrender their independence; but they did not allow the suspicion that some such purpose might lie behind your Lordship's invitation to lead them to reject your overtures with the peremptoriness of the Cape Government. And, after considering your Lordship's words deliberately, and satisfying themselves that you had no such insidious purpose against him, the acting President of ... the South African Republic declared himself willing to recommend his Volksraad to send a delegate. The President of the Orange Free State, with more reserve, and with an intimation which I am now better able to understand than when I first received it, said that he would not submit his differences with the British Government about the Diamond Fields to a body of South African politicians, and continued to demand either a foreign arbitration or direct negotiation with the British Government; yet. he professed himself at the same time most willing to meet the British Government in a Conference for the consideration of the native question and other questions rising out of it as soon as the dispute about the Diamond Fields had been amicably arranged. º Invitations meanwhile were forwarded to myself from many parts of the Colony and in the adjoining States to visit and address them. I considered, however, that it would be alike unbecoming and unnecessary for me to take further part in the agitation. I continued to hope that Mr. Molteno himself, when he saw the wishes of the country, and saw also that your proposal which he had thought so dangerous was perfectly innocent and harmless, would see his way to modify his opposition. He was good enough to allow me to see him after the dinner. But I found him still as determined as before. He adhered tenaciously to his position that, under the Constitution, he ought to have been consulted before the Conference was proposed, and that, therefore, he could have nothing to do with it. To other persons I was told that he alleged, as a further objection, that if your Dordship's policy terminated in a Confederation, it would restore the supremacy of the Tutch. I cannot tell how far that objection really weighed with him. To myself he never implied any serious fear on such a score, nor could I understand how it could be seriously entertained by him. So far as he explained himself to me, he never alleged any argument at all against a Conference for the purposes proposed by your Lordship, but only against a Conference for other purposes which you had never contemplated or desired. His mind nevertheless was made up to oppose your proposal in the shape in which it had been brought forward, nor would he indicate, though I often pressed him to do, any change which would render it more acceptable. - r Under these circumstances, I determined to leave the Colony and proceed to Natal, where I anticipated that your Lordship would now wish the Delegates of the States which had given a more favourable answer to meet. I had time on my hands. I had not yet seen the Western Province of the Colony, and T had heard much both of its beauty and of the character of its inhabitants. It was proposed to me that, instead of going by sea to Natal, T should take the Western Province on my way ; and, after passing through the principal towns, I should join the steamer at Mossel Bay. The Western Province of the Colony has been longer settled than any other part of South Africa. The population is principally Dutch, interspersed with Huguenots, who came to the Cape on the revocation of the Edict of Nantes. There alone in the Colony are families who have lived for many generations on the same spot; there alone is any large breadth of land under the plough. There are the vineyards which produce the Cape wine, palatable and even excellent in the cellars of the growers, and only execrable when it has been adulterated for the foreign market. There are to be seen the most splendid orange orchards in the world. There, too, has sprung up recently 72 the new industry of ostrich farming, the profits of which almost rival the returns from the Diamond Fields themselves. The habits of the people are quiet and old-fashioned. The land is cultivated by the sons and grandsons of the old slaves, who remain from natural attachment on the soil where they were born. In some houses servants are still to be seen who were slaves themselves, and have refused to leave their master's families. It may be added as a further characteristic that in the midst of so much solid industry, and solid prosperity of a slow traditionary kind, there are no local newspapers; the little appetite which exists for political information being supplied from Cape Town. The farmers attend to their own business, and think little of the politics of the day. Outside their own concerns they care only for their own history and the interests of their own nationality. They have long memories. They can write the catalogue of the wrongs which they have suffered from Great Britain as fluently as an Irish patriot, and they tell their story with a passion which is not less deep because it is more constrained and subdued. They have not forgotten that it was by their fathers and not by the English that the country was first conquered from the savages and the Wild beasts; and the cession made in exchange to Holland at the peace in 1815 was no compensation to them for the loss of their national existence. Though they do not regret slavery, they resent the terms on which their property was taken from them—terms so hard and so ungenerous that many persons disdained to accept them, and let their slaves go free without receiving any indemnity at all. They had been the pioneers of the advancing Colony. They had borne the shock of the first collisions with the natives. Every family can tell of some or other of its members massacred, or of gallant achievements for the protection of their wives and children or their properties; and as a reward, they point to a despatch of Lord Glenelg, which laid on them the blame of every drop of blood which had been shed. Doubtless they, in many instances, had been to blame, as well as the natives. But the exaggerated censure was known to be undeserved. Their real faults are forgotten, and nothing remains but the memory of injustice. They relate with special pride how, worn out at last with calumny and indignity, five thousand of their noblest and bravest farmers loaded their waggons with all that belonged to them, threw up their farms, and taking with them their flocks and herds, rifles, and their family Bibles, travelled away, forty years ago, into the wilderness beyond the Orange River. The adventures and exploits of these men form one of the most singular chapters in modern history, and deserved a clearer record than has as yet been given of them. The character of one of their leaders, especially of Peter Retief, who was murdered in Natal by Dingaan, was really grand and even epic. By these men the countries now forming the independent Republics were settled and occupied ; and Natal, after Dingaan's treachery, was conquered and taken possession of also. The establishment of the Dutch in these countries was not at its outset at the cost of the natives, from whom they had previously obtained territories by purchase or grant. The natives broke faith with them, stole their cattle, set upon their camps, and murdered their women and little ones. The immigrants, though enormously out- numbered, defended themselves with extraordinary courage. They maintained their position, punished the savages for their treachery, and compelled them to respect their Treaties. Their conduct received scanty justice from British Opinion. Powerful races never come in contact with barbarous races without events occurring which must be both regretted and condemned. These Dutch farmers were no exception to the universal rule; but if their conduct is compared with that of ourselves or any other people under similar trials, they will not be found to have deserved exceptional censure. No consideration or allowance, however, was ever made for them. The wildest charges of unnecessary cruelty found ready belief; they were pursued and reclaimed as rebellious British subjects; Natal was taken from them; the country which they had occupied was made British territory, only, however, to be abandoned when the retention of it was found to be inconvenient; and the farmers, who had never meant rebellion, and had submitted to the establishment of British rule over them, found themselves cast adrift again, in the face of their own protest. Weak in numbers as they were, and surrounded by powerful and exasperated native tribes, they succeeded, contrary to all expectation, in founding two well- organized States, where law is as well observed as in any part of South Africa. They had been invested with the government of the territory which Great Britain had abandoned, and with it, according to the terms of the Treaty, the sovereignty over the native tribes within their defined frontiers. They had not pressed the rights which had been thus conferred on them. They had treated with the native Chiefs as if they had been their equals. 73 By cattle thefts and other injuries the Orange Free State was driven ten years ago into a war with the Basutos. At a sacrifice of life almost unparalleled in propor- tion to their numbers, the Dutch were at last successful. They had won the victory, and were on the point of establishing their authority over the part of Basutoland to the north of the Orange River which, according to the terms of Sir Harry Smith's Proclamation, properly belonged to them, when the Governor of the Cape stepped in, declared the Basutos British subjects in the face of the Convention, and deprived the Free States of half what it had gained. That much resentment should have been called out by British interference on this occasion was inevi- table. Sir Philip Wodehouse, the Governor, however, was as conciliatory as the circum- stances allowed him to be in the manner in which his duty was carried out. The Free State obtained a substantial advantage in being secured from all danger on the Basuto frontier. The Convention of 1854 was renewed, and the faithful observance of it was promised for the future. The irritation was dying away, and a better feeling was growing up towards Great Britain, both in the Free State and in the South African Republic, than hitherto existed, when the annexation of the Diamond Fields reopened the wound. Once more every Dutchman in South Africa was taught to regard the British as incapable of dealing justly with a people whom they had never cared to understand or conciliate. The old settlers of the Western Province made the cause of their kindred their own. The two Republics were their special glory, their crowning achievment, the surviving and thriving remnant of their once paramount South African Dominion, and anticipations began to be formed, encouraged by the establishment of responsible Government in the Colony, that the time was not far off when, being the majority of the population, they would have the country again for their own, and the British flag would disappear. I tell this story as they tell it themselves, and as it has been told at every Dutch fire-side in South Africa. The feeling which I have described has been growing rapidly during the last four years, and was especially strong in the Western Province which I was invited to visit. It was intimated to me that the Corporations of the different towns desired to give me a public reception, I made it a condition of going into the Western Province at all that they should do nothing of the kind. The Conference having been rejected, the peculiarity of my position made me particularly desirous to escape notoriety. * The promise which I required was made to me, but it was not observed; perhaps it could not be observed. The feelings of the people had been excited by your Lordship's speech in the House of Lords, and by the passages in the despatch which referred to Griqua-Land, and they could not be repressed. Remote settlers who had never before appeared to take an interest in politics were stirred into violent exertion. Deputations waited upon me wherever I went with words of welcome; groups of farmers, with their clergyman at their head, waited at cross roads to speak to me, and hear me speak to them. I was followed into the towns by strings of carts and carriages half-a-mile long. The same scenes repeated themselves at Stellenbosch and the Paarl, at Malmesbury and Wellington, at Worcester, at Swellendam,at Riversdale and Mossel Bay. I was entertained at dinners, and I was compelled to speak. Everywhere I inquired the cause of so much excitement; everywhere I received the same answer, that for the first time since 1806, an English Minister had shown a disposition to do justice to the Dutch. When I observed the numbers of these people, the energy with which they were cultivating the country, and the evident signs that their relative power in the community was not diminishing, but increasing, I could not but think your Lordship's recollection of them had not come too soon, and that after we had made over to its inhabitants the management of one of the greatest of our dependencies, it would have been the height of imprudence to have persisted in a policy which would have alienated so important a portion of them. Leaving the Western Province at Mossel Bay, I proceeded towards Natal, stopping for a few days on the way at Port Elizabeth, the commercial capital of the east. Port Elizabeth was also anxious to take advantage of my visit to make a public demonstration in support of your Tordship's policy. I was again obliged to insist that nothing of the kind should be done, and more distinctly than before. In the west the agitation had not been directed against the Ministry. The chief persons in the province were Mr. Molteno's supporters, and though they wished to impress on him their sense that he had made a mistake, they had no wish to drive him from office. The excitement in the east, though no less strong, was in its character and its motives entirely different. The Eastern Province is as English as the Western is Dutch. It [190] L | '74. ! had once a separate Government of its own, and has never acquiesced in its incorpora- tion into the rest of the Colony. Port Elizabeth, the Liverpool of South Africa, possesses two-thirds of the trade, which in four years has trebled the Colonial revenue. It believes that it is unfairly treated in the uses to which that revenue is applied. It objects to a seat of Government so remote as Cape Town, and to sending its members to take part in an Assembly the majority of which is powerfully under local influences, and where in critical questions the eastern Representatives find themselves invariably outvoted or overpowered. They petitioned three years ago for the restoration of their local administration. In reply, the late Secretary of State for the Colonies recom- mended them to wait till they had seen whether under responsible Government matters would not be managed more satisfactorily for them. They are none the less dissatisfied - after four years’ trial of responsible Government. They no longer indeed profess to desire separation from the Colony, but they desire the formation of a South African Tominion under which the Eastern Province, like the other States, will acquire powers of local self-government, and the administration of a part at least of their own finances. e * -- The prospect of a realization of their hopes which was held out by your Lordship's despatch had caught hold of the popular imagination. Occupied as they were with their own affairs, they had been indifferent hitherto to the wrongs of the Dutch. They were ready now to assist in remedying them if the Dutch would support confederation; but their attitude, unlike that of the Dutch, was essentially anti-ministerial. Though I had told Mr. Molteno that I was ignorant of your Lordship's views with respect to the Rastern Provinces, I was certain that you had not intended, in the language of your despatch, to encourage the Sepāratist party. Any demonstration which might be made at Port Elizabeth was likely to assume a Separatist character, which I had no right to countenance, while confederation itself I regarded as impossible of realization until the disputes with the Orange Free State about the Diamond Fields had been first disposed of. The impression at Port Elizabeth was that the quarrel could be composed, in and through confederation. . I was unable to agree in that opinion. The Dutch States conceived themselves to have received an injury, and I did not believe that the question of Confederation would be so much as entertained by them until their complaints had been first examined into. sº An agitation for confederation in the Eastern Provinces at the present moment could not, in fact, be distinguished from an agitation for separation; at least I was assured that it would be so understood by Mr. Molteno. In your despatch your Lord- ship had invited the Colony to give their advice on Imperial and extra-Colonial subjects only, and I was transgressing no constitutional privilege so long as I confined myself to these. Separation was an intra-Colonial question, on which it would have been most improper for me to express an opinion. On these grounds I refused, on this occasion, to take any public part in Port -Blizabeth. The misrepresentations set abroad from Cape Town had not been without effect there, and a committee of merchants met me privately, and cross-questioned me as to your Lordship's object. I said that you wished to review the native policy beyond the Colonial frontier in order to prevent the recurrence of a Langalibalele scandal, and that you desired the assistance of the Colony in finding a solution of the difficulty at the Diamond Fields. * = * “That is very well,” said a gentleman present to me, “but it is not of much consequence to us. What are we to have? Are we to manage our own affairs?” I replied that “I had no information to give on that point. It was a matter for them to settle among themselves;” and when he went on to say that it was useless for them to expect a majority in the Cape Parliament, I answered that they could scarcely expect the Secretary of State to override the Parliament, more especially after the establish- ment of Responsible Government. The effect of this meeting was, I think, in some degree, to cool the interest which, up to this time, Port Elizabeth had taken in your Lordship’s policy. I felt myself * * bound, however, in the absence of instructions, to avoid lending encouragement to expectations which I had no reason to suppose that you would be inclined to satisfy. The same inability to meet the wishes of the Eastern party made me decline on the 3 same occasion a pressing invitation to Grahamstown. At Grahamstown the Sepa- ratist feeling is even stronger than at Port Elizabeth ; and I preferred to risk the loss of the support of those two powerful towns which had been the first to protest against the treatment which your Lordship's despatch had received, rather than do anything which could appear to sanction Mr. Molteno's suspicions. After a short stay at Port Elizabeth, I went on to Natal, where I was welcomed 75 with more than kindness by Sir Garnet Wolseley. Of Sir Garnet it is unnecessary for me to speak. In Natal, as elsewhere, his work speaks for him, and any expression of the admiration which I felt for him would be gratuitous impertinence. In the people there was the same eagerness for Confederation which I had found in the Eastern Province of the Colony. They had surrendered a portion of their powers of self-government, and this they might, perhaps, expect to recover as part of a federalized South African . Dominion. The Europeans in Natal are but 18,000. The natives within the Province number 350,000. Cetewayo, the Zulu King, lives on their north-eastern border, with 40,000 well-armed warriors, whom at any moment he might lead across the river which divides the two countries. Under such circumstances, the Colonists cannot fail to look with eagerness to a change which would make their situation less precarious. The number of natives is growing with extreme rapidity. From all quarters they are supplying themselves with guns and powder—for what purpose, if not for mischief, it g is difficult to see. A Confederation, if it extended no further than a mutual obligation . of Natal, the Orange Free State, and the South African Republic to stand by one another in the event of an insurrection, coupled with some united effort for the education and elevation of the natives, would add greatly to the improbability of an insurrection being attempted. No one supposes that a rebellion is now deliberately meditated. If it comes, it will come suddenly from some accidental cause, and encouraged by the divisions and the weakness of the Europeans. But so long as those divisions exist, there is always a possibility that it may be tried, and the uneasy suspicion which results out of such a state of things is the most likely of all passions to provoke a catastrophe. If for nothing else, a Conference between the South African States is necessary to provide some consistent check on the supply of arms and ammunition to the native tribes. * g The Western Province of the Cape Colony may be indifferent, for it is beyond reach of harm. The Eastern Province and Natal cannot afford to look on so complacently. The Kafir tribes, since they have been prevented from making war on one another, have multiplied as it was natural that they must. They are now stronger in point of numbers than when they taught us to respect them twenty years ago, as an exceptionally intelligent and dangerous. Contact with civilization has partially altered their habits, but without materially improving their character. Some bad customs have been abolished, but other forms of vice have been introduced through the canteens, while education and increased knowledge make them better able to combine. That among such a people—far outnumbering the whites as they do—there should be an universal passion for obtaining arms, is more easily intelligible than the readiness of the white traders to supply them. From the Diamond Fields I have been told, on good authority, that as many as 200,000 guns have found their way into the native locations in four years. In the Cape Colony there are prohibitory laws, which the Ministers, in their Minute upon your Lordship's second despatch, declare to be well executed. Such a statement could scarcely have been intended to be taken seriously. At the moment at which I was leaving Cape Town for England I received the information from the Mayor of Grahamstown that large gangs of natives, who had been at work on the railway, and whose time was expired, were marching back into Caffraria—each man with his gun on his shoulder and his bag of ammunition at his side. The Cape merchants—themselves at a safe distance—refuse to lose the opportunity of a profitable trade, and shelter themselves behind a pretence that the natives are less dangerous when armed with guns than with assegais, an opinion in which soldiers, who will have to deal practically with them if the danger becomes real, are not inclined to agree. - The question is of great importance to the British Government; for beyond doubt . . if ever there be another Kafir war, the burden of it will fall on the British army. The police force in the Colony (and should it become general and extend to the interior, the Burgher force of the two Republics) would be unable at present to cope with the enormous masses which the native Chiefs could put in motion. The indiscriminate supply of arms to the natives was one of the subjects which your Lordship desired to submit to the proposed Conference, and the best informed frontier men in South Africa know well that the consideration of it ought not to be postponed. & The Orange Free State officers are checking the trade to the extent of their ability, Only a few weeks since two waggon-loads of rifles and powder were seized near Bloem-, fontein on their way from the Colony to the native kraals. But a single State cannot contend successfully against the cynical disregard of obligations in other quarters. Sir Garnet Wolseley has expressed an opinion that the general possession of guns by the natives is most dangerous. But even if Nataland the two Republics and Griqua-Land j, 2 | 76 West co-operate, they cannot protect themselves successfully so long as the Cape merchants are allowed to defy their own laws. The welfare of all South Africa requires that this most important question should be weighed immediately in all its aspects by disinterested and competent persons; and if the danger is really as great as Sir Garnet Wolseley believes it to be, the responsible executive of the Colony must be called upon to put its laws into force. - To Natal co-operation and alliance with the adjoining States is a matter of life and death. This small and exposed Province has been sustained hitherto by an English force, for which the Imperial Government has to pay, and which now requires to be increased. Should the Colony persist in its refusal to undertake responsibilities beyond its own frontier, an alliance for mutual defence is still possible between Natal, Griqua-Land, and the independent Republics. The four States united, with Durban and Delagoa. Bay for harbours, would form a powerful community which in a few years would be self-supporting. And either the Cape Parliament would have to come to terms with them for some more equitable apportionment of the Customs duties, which the Colony now appropriates to itself, or they would divert their trade to their own ports and thus raise a revenue which would be sufficient to maintain a force for themselves. * * These thoughts were forcing themselves upon me during my stay in Natal; when your Lordship's despatch of the 15th of July arrived there, with instructions that if the Cape Colony adhered to its resolution to stand apart, a Conference should be held at Maritzburg, under the Presidency of Sir Henry Bulwer, between representatives of the remaining Colonies and States. It was on account of difficulties which had arisen | in them alone that the Conference had been designed, the Cape being only secondarily interested, except in regard to the more remote question of Confederation. The Cape Government had been invited to advise rather out of courtesy than for any special assistance which it was immediately expected to lend. The points which pressed for consideration could be discussed in some respects to greater advantage among the parties directly concerned. * Two difficulties, however, stood in the way of immediate action. 1st. The President of the Orange Free State, though most gracious and cordial ir: his language, though professing himself perfectly willing to advise his Volksraad to send delegates to a Conference either at Maritzburg or in the Colony, yet continued to insist that his differences with the British Government about Griqua-Land West must first be settled. He was not exacting, he said. If Her Majesty’s Government would consent to negotiate immediately with him, the dispute could be disposed of in half an hour, and when it was once honourably at an end, he assured me, and I believe truly, that Great Britain would have no warmer friends in South Africa than the inhabitants of the Republics. ! But the confidence which he was ready to place in Great Britain he was unable to extend to a Conference of South Africans, and he positively declined to submit his case to the arbitration of a body of representatives from the different States. * Secondly. The arrival of your Lordship's second despatch had revived the agitation in the Colony. You had repudiated the Constitutional objections of the Cape Ministry; you had courteously renewed your invitation; while you had shown also that the refusal of the Colony to participate would not prevent a Conference from being held elsewhere, independent of it. Public meetings were at once called to insist that the Colony should not be unrepresented. The press, with the exception of the Cape Town papers, was singularly unanimous. Letters and addresses were forwarded to myself. In a community composed of the most various elements the general opinion was united to a degree never before experienced. It was coupled at the same time with warm expressions of loyalty to Great Britain; the feeling of the people pronouncing itself the more emphatically from a fear that the action of the Ministers might have led to an unfavourable judgment upon them at home. In justice to the Colony it was therefore necessary to wait till the Ministers had reconsidered their resolution and had determined whether they would persist in their first refusal, or whether they would comply with the wishes of the people, which were now not to be mistaken. $ My first intention was to return to Cape Town and make a fresh appeal to Mr. Molteno. Your Lordship is aware that I desired nothing less than to set myself in opposition to Mr. Molteno; that I regarded him as eminently qualified for the high position which he occupies; and that, so far from wishing to be instrumental in promoting a change of Ministry, I deprecated such a change as likely to be a serious misfortune. If Mr. Molteno, therefore, had held out the slighest hope to me that he would be prepared to make the most trifling concession, I should not have hesitated in 77 again addressing myself to him. In his last conversation with me, however, he had been so peremptory, that he had left me no excuse for again approaching him uninvited. With others, as I well knew, he had been equally decided in his language; and I thought it better to wait till I had learnt his intention through a separate channel. Sir Garnet Wolseley’s term of office having expired at the -end of August, I returned with him as far as Port Elizabeth. I myself remained there; Sir Garnet proceeded to Cape Town on his way home. A few days later, I learnt from an authority, on which I could perfectly rely, that Mr. Molteno was, as I had expected, immovable. * * * There was little room, indeed, for hope that it would be otherwise; since, during the recess, he had introduced Mr. Merriman into his Ministry—a gentleman who had been hitherto his most violent opponent, but had distinguished himself by the vehemence with which he had denounced your Lordship's first despatch. t º The question was now between the Ministers and the people, and the agitation became extremely serious. Meetings were called at the various towns to petition the Governor to recall Parliament. As I had anticipated, endeavours had been made during my absence to revive the sinister interpretation which had been attached to your Lord- ship's proposals. The western people had been again told that the Imperial Government wanted only to rid itself of Natal; the eastern people that you wished to shift on the Colony the difficulty with the Republics. My silence on my first visit to Port Elizabeth had, in some degree, countenanced the suspicions which had been set abroad. I was again | invited to come forward and tell the people what the Conference was really to do. Your Lordship had insisted so emphatically that you had infringed no constitutional right of the Cape Colony in your original proposal—the real objects of the Conference were so clearly Imperial and extra-Colonial, and therefore beyond the province of the Cape Ministry—that I felt confident that I might comply without violating any consti- tutional principle. * s The question, however, was now less simple than in the form in which it presented itself to me at Cape Town. The meeting called at Port Elizabeth was not ostensibly hostile to the Ministry, but a change of Ministry was one of the objects which the advocates of the Conference now proposed to themselves. I had given Mr. Molteno a a general promise that I would abstain from taking part in proceedings directly in opposition to him. To this promise I had hitherto scrupulously adhered, and should have persisted in adhering, had not Mr. Molteno himself, by his own conduct, released . me (as I considered) from the obligation to observe it any longer. As I have before stated, the subject on which political opinion in the Eastern towns is most sensitive is the separation of the Provinces. I had read, when in Natal, in a Grahamstown paper, a speech of Mr. Sprigg, the Member for Tast London, in which he told his constituents that it was useless for the East to agitate for a separate Government since I had assured Mr. Molteno that the Imperial Government Would never consent to it. Mr. Sprigg said that he had been so much surprised, that he had twice asked Mr. Molteno if he was certain that I had used those words. Mr. Molteno persisted that I had. It was incredible to me that Mr. Molteno could have really sanctioned so extraordinary a statement, after I had repeatedly declared to him that I was wholly ignorant of the views of the Imperial Government upon the subject. But Mr. Sprigg's assertion remained for several weeks before the world, and Mr. Molteno had not contradicted him. Had I remained silent under such an imputation, the Eastern Province would have felt that its hopes were being trified with, and would have believed the interpretation of your Lordship's meaning which the Cape Papers were pertinaciously putting before it. I wrote to the paper in which I saw the report of the speech, denying the words imputed to me, but without making any reference to Mr. Molteno, as Mr. Sprigg's supposed authority. But as my own denial would be insufficient without Mr. Molteno's support, I wrote also to him, requesting him to correct a misrepresentation which so seriously affected my good faith. The excitement was so violent that every day's delay was most injurious. Mr. Molteno sent me no immediate answer, and although he subsequently, in his speech in Parliament at Cape Town, frankly and completely exonerated me from having used the words which Mr. Sprigg imputed to me, he held out no hope at the time when he found leisure at last to reply to my letter, that he would do me the public justice which I required. It appeared to me intolerable that I should be told at once that I had no right to say anything of your Lordship's intentions to the people, except through himself, and, at the same time, that I should be credited on his authority with a positive assertion on the most sensitive point of internal Colonial politics, which I had never made and could not have made... I thought that I had a right, in such a position, to regard my promise to 78 * * * him as no longer binding, to stand forward in my own justification and to require the people of the Colony to believe nothing which I was represented to have said, except what fell from me in public. With this view I attended the meeting at Port Elizabeth. The few words which I uttered on that occasion have been formally complaimed of by the Cape Ministers as a violation of the Constitution. It is for your Lordship to decide whether I did wrong in being present at all. If it was permissible for me to be present and to say anything, I am unable to see in what passage of my’speech I passed beyond the defence of your Lordship's policy, or trespassed on the special province of the Colonial Government. I was of course aware that I might inconvenience the Ministers. It was only with the greatest reluctance that I departed from the rule which I had imposed upon myself; but, so long as I adhered to the lines of your Lordship's despatch, and avoided intra-colonial politics, the rule which I was transgressing was rather a rule of prudence and courtesy than of constitutional privilege; and I said, and I really believed that, after Mr. Sprigg's misrepresentation, Mr. Molteno himself could hardly wish to hold me any longer bound by it. . In what I did I was acting entirely on my own responsibility. If I was in fault, I shall regret to have so ill-deserved the confidence which your Lordship had generously placed in me. I can plead only my want of experience, and the peculiar circumstances in which I was placed, in mitigation of the censure which may be passed upon me. The Ministers now determined to recall the Parliament, and an extra session was announced in the Gazette for the 10th of November. Meetings were called in both Provinces to arrange petitions, and to call on the representatives to support the wishes of the constituencies. I was invited to, attend at some of these meetings, but I invariably refused. The meeting at Port Elizabeth was the only one of this kind at which I appeared during my stay in the Colony. s A personal invitation from Grahamstown to a dinner to be given to myself I felt at liberty to accept. I had refused twice, and under the altered circumstances, I * ! f. !, * i. privilege. The Ministers appeared to hold that your Lordship was not entitled to | A- * # considered that a third refusal might appear discourteous. The warmth with which I was received was intended, I am well aware, as no real tribute to myself, but as a demonstration on the part of that most English of South African towns, of their loyal affection for their Sovereign, and of a desire to co-operate in promoting an object from which Her Majesty had annopnced that she anticipated a happy result. I had again the misfortune to displease the Cape Ministry. The few words of thanks which I addressed to the Mayor for the assistance which Grahamstown was rendering to your Lordship's policy, were dilated upon in Parliament as a special invasion of Colonial have a policy at all in South Africa, and that the conduct of all questions, Imperial as well as domestic, belonged exclusively to themselves. I made use of one expression . hastily which it would have been better if I had refrained from. I said that the reply of the Ministers to your Lordship's first despatch, coupled with Mr. Sprigg's resolu- tion on the same subject, would have been construed into an intention of open quarrel, if it had been returned by a Foreign Power to a courteous invitation to a Conference. Tanguage so curt and rude could have borne no other meaning. My words were strictly true, but they created needless irritation, and I regret them. I remained two days only at Grahamstown, and again returned to Port Elizabeth. The weakness of solid arguments against the Conference was never more apparent than now, when the objections against the Conference itself were changed into denunciation of the advocacy of it by an Imperial agent. The Colony was invited to resist the infraction of the principle of self-government by a person appearing to be a representative of the Secretary of State. The agitation, I can only insist, was no creation of mine. It was caused by the opposition of the Ministry to a proposal which was approved by the people. It began before my arrival. It would have been continued without me, and in spite of me, but it was aiming at discordant objects, some of which I knew to be at the time impracticable; some of which I believed your Lordship would disapprove; others, of an intra-Colonial character, with which I was certain that you would not interfere. My own endeavours had been to confine the movement within limits, and to keep the minds of men to the immediate and legitimate purpose which your Lordship had in view. . . * A scene followed at Uitenhage which satisfied me that whether I had acted rightly or wrongly in the course which I had hitherto pursued, I must now stand aside, and leave the Colony to take its own course. A public luncheon was given there on the occasion of the opening of the railway from Port Elizabeth. Mr. Merriman, the Commissioner of Public Works, was to be present; and 400 persons, myself among the number, were invited to meet him. I went with the understanding that polities were 79 to be avoided, and with an intimation on my own part that I, at least, if called upon to speak, should say nothing on any controverted subject. It appeared, however, that Mr. Merriman had determined to use the opportunity to denounce the agitation of i which I was said to be the author. In replying to the toast of the Ministers, he said that the excitement in the country interfered with its prosperity, and prevented the Ministers from doing their duty. He did not question the right of the people to agitate, if they were themselves dissatisfied ; but this, he affirmed, was “an Imperial agitation, an agitation from abroad.” It had been lately said by a defender of the action of the Ministers, that England had as little right to advise the Cape Colony as Russia had to advise England; and a meaning of this kind was supposed to be implied in the word “abroad.” Almost every gentleman present started to his feet to remon- strate. Mr. Merriman was proceeding in the same strain. The Chairman stood on the table and entreated silence, but the audience would not hear another word, and Mr. Merriman was obliged to leave the room. He said afterwards that he had been misunderstood, but he never explained his words, or in what sense he had been misunderstood. It appeared to myself that both he and the rest of the Ministry regarded the connexion with Great Britain as no closer than that which once existed between Great Britain and Hanover—a connection in and through the Crown alone, and that they were them- selves the sole advisers of the Sovereign in all the concerns of the Colony, domestic and external alike. t * If this be the constitutional position of a Colony under Responsible Government, some persons will be of opinion that the Imperial troops ought to be withdrawn, the High Commissionership to be abolished, and the naval station at Simon’s Bay divided from the Cape Colony and placed exclusively under Imperial jurisdiction, and that the longer a distinct understanding on these matters is postponed the more grave and dangerous the situation may become. If the Cape Colony is not an integral part of the British Empire, and subject in its Imperial relations to the control of the British Cabinet, the Cape Ministers may have a foreign policy of their own, and in the event of Great Britain being engaged in a protracted war, there is nothing to prevent them from declaring the neutrality of the Colony and its ports. When language bearing this con- struction was openly used by a member of the Cape Ministry, the agitation had passed into a sphere where it was impossible for me to follow it. The Mayors of King William’s Town, of Queenstown, and several other places pressed me to visit them before Parlia- ; ment met. I answered that I must wait for more quiet times; I dared not make myself the occasion of further reproach to the Imperial Government. I once more recalled the attention of the people in a public letter from the range which the discussion was assuming to the real character of your Lordship's proposal. I said that I was unable to understand on what grounds so innocent a suggestion had been so violently opposed. T could say no more than I had said already, and must thence- forward remain silent. I left Port Elizabeth on the 1st of October for Cape Town, and I continued there, and in its immediate neighbourhood, till the Parliament assembled. Mr. Mclteno had refused, after my appearance at a public meeting, to communicate further with me on political subjects, but I was enabled with other help to watch what was going forward. . . . -. * * The Conference, if it met at all, would now be something materially different from what your Lordship originally contemplated. Your Lordship had wished only for a small Committee of advice of an informal character, and under this conception, had nominated the representatives for the Colomy. It would now be a Committee of delegates from the different States, appointed by the Legislatures to take care of their respective interests, and, as such, would have been a body incomparably less well qualified for the delicate purpose which your Lordship had in view. The Conference party in the Colony was composed of two elements, ill-combined and perhaps incapable of combination. The English of the Eastern Provinces expected from it an immediate realization of a South African Dominion. The Dutch of the West, though not hostile to a Confederation when other questions should have been disposed of, desired, for the present only, that justice should be done to the two Republics, and looked to the Conference to promote it. * g As there was no longer a hope that Mr. Molteno would give way, his defeat in Parliament would involve a change of Ministry—a change which many right- minded persons, otherwise well disposed towards your Lordship's policy, saw reason to fear. A narrow division might involve a dissolution, with its attendant expense and confusion; and, notwithstanding the outward unanimity of the country, the immediate conflicting issues made it difficult to forsee the event, or even to know what event to desire. The Conference had been designed without reference to party or party interests, 80 If it was carried by a party triumph, it would lose the judicial character so necessary for a calm consideration of the controversy with the Orange Free State. I held, as I have held from the beginning, that, before any wholesome step could be taken in the direction of Confederation, this controversy must be first disposed of. If the Conference party came into power after a general election without a concerted programme of future action, difficulties which I knew to exist would immediately make themselves felt. The Conference might be a failure after all, and the Ministers might prove to have been better justified in their opposition than I wished to see them. Even at that late hour, I was anxious to discover some com- promise which the Ministérial party might accept—a compromise, setting aside the more ambitious projects for a future occasion, and securing the assistance of the Cape Parliament in this one indispensable matter. . Although Mr. Molteno declined to communicate with myself, he was sounded by others as to whether he would consent to a Conference composed of the Judges of the Colony and of the other States, to report on the legality of the British occupation of the Diamond Fields, and on that only. It would thus lose the vague character to which Mr. Molteno objected. He would no longer have reason to fear being entangled with Natal, or being called to account for the Customs duties, and some of his friends thought that this suggestion might go far to remove his opposition. tº Mr. Molteno, to my great disappointment, did not see his way to consent. He had, I believe, been at last awakened by the agitation to a consciousness that the Cape Colony could no longer repudiate the obligation to which it had pledged itself by the vote of 1871; but he had called the Parliament to assert a constitutional principle, to ass a vote of censure upon myself, and, by implication, on the Imperial Government; and until this was accomplished, and until he could no longer be suspected of betray- ing the liberties of the Colony, he thought it necessary to postpone concessions which afterwards he might be willing to make. The constitutional question was daily declaimed upon in the Ministerial papers. Your Lordship simultaneously was charged as before with treachery to the Colony, and with desiring to shuffle off Imperial responsibilities. The Dutch were told that they were being fooled by talk of doing justice to the Free State; the Easterns that they were being mocked with hopes of a separate Government, which would never be realized ; and both alike that the constitutional liberties of the Colony were in danger. The reiteration of confident assertions without reply from myself could not fail to produce some effect. The constituencies west and east were holding their meetings preparatory to the session. Their disposition had not changed. They were still in favour of the Conference. Scarcely anywhere outside Cape Town was any demonstration attempted in favour of the Ministry; but the enthusiasm was subsiding. With respect to myself, an opinion began to prevail that my zeal had gone beyond my discretion. At this moment a despatch was published addressed by your Lordship to the Governor, which the Cape Town press was able again to misrepresent, and thus create further distrust. In that despatch your Tordship, on your part, finally declined to submit the dispute with the Orange Free State to foreign arbitration, and you remitted the Presi- dent to the Conference, to which he had already, though unknown to your Lordship, declined to allow his cause to be referred. A conference of non-political persons, even if the Orange Free State was unrepresented there, would have probably recommended a course which the President would have found acceptable; but the belief of the Dutch population is, that the annexation of the Diamond Fields was not a mistake, but a breach of Treaty, and therefore a violation of justice. They believe, indeed, that the British Government was misled by false information, and that when the truth is known in England redress will not be refused to them. But they consider that something more is needed than compromise; and the repudiation of arbitration was caught at eagerly by those who wished to lead them to distrust your Lordship's good faith. The western constituencies were more constant under these attempts to mislead them than I expected to find. They continued to trust your Lordship ; they petitioned for the Conference; they requested their representatives to vote for it, but they did not insist. They left them free at the last instant to vote as should seem best to themselves. Shortly before the session opened a meeting was held in Cape Town itself. In Cape Town opinion had from the first been divided. Many leading persons dreaded a change in the seat of Government, others the loss of the Customs. The Government has a natural influence on the circle immediately surrounding it. The press was severed sharply in two portions. The Ministerial papers were in violent opposition to the Conference. The “Standard and Mail,”, an English paper, and all the Dutch papers, had been diligent and consistent in their advocacy of it. The same difference 81 of sentiment appeared at the meeting, at which the resolutions that were passed were inconsistent and even contradictory. m The most interesting feature, however, was a speech from the senior Member for the city, Mr. Saul Solomon. Mr. Solomon had supported the Ministers in their rejec- tion of your original invitation in the despatch of the 4th of May. He had, I think, misunderstood your Lordship's meaning, and had supposed that you wished to interfere with the internal administration of the Colony. I believe also that he then regarded the person whom your Lordship had nominated to represent the Imperial Government at the Conference as not to be relied upon in questions affecting the native manage- ment. Mr. Solomon has for many years been the generous advocate of the rights of the coloured races, to whom (I know not for what reason) he suspected me to be indifferent or hostile. I trust that he has been since undeceived on this point. At any rate, his misgivings had some influence upon the vote which he gave on that occasion. At the Cape Town meeting he spoke in a tone far more conciliatory. He declared that he was not opposed to Confederation, when the time should have arrived for it. He had discerned clearly meanwhile the real difficulty which lay in the way of Confederation, and which must be got rid of before an alliance between the several States could become a question of practical politics. He declared, with a frankness which did credit to his honour and good feeling, that the Cape Parliament was bound by the vote which had sanctioned the annexation of the Diamond Fields, and that the Imperial Government was entitled to claim its assistance in the settlement of the envenomed dispute of which that act had been the cause. From that moment I was satisfied that whether a vote in favour of the Conference was carried or not in the now fast approaching session, the Parliament would not separate without having resumed its responsibilities. I was the more reconciled to the possibility of a second rejection of the Conference itself because (especially in the face of the objection of the President of the Orange Free State) I had learned to expect that, on this particular point, the Imperial Government would not derive from such a body the assistance which I had at first anticipated. A Conference of Judges, limited to the consideration of that single question, might probably have answered. The discus- sions of representative delegates would inevitably have assumed a political direction, and the importance of investigating a particular act of alleged wrong would have been lost sight of in more ambitious projects. 3. The 10th of November arrived. So great was the interest which had been excited that every member not incapacitated by illness or absent from the country was at his post. Several gentlemen who had been in Turope had hurried home to be in time for a debate which was felt generally to be the most critical which had occurred in the political history of the Colony. The opening speech of the Governor was necessarily vague and general. The same afternoon the reply of the Ministers to your Lordship's despatch of the 15th of July was made public; and Mr. Molteno gave notice of a resolution which he intended to move, and by which he announced that the Ministry would stand or fall, again peremptorily rejecting the Conference, and complaining of the agitation in the Colony, which was declared to have been “set on foot by the Imperial Govern- ment.” His position with regard to the agitation was felt immediately to be untenable. The responsibility was known to attach entirely to myself. Mr. Molteno discovered that he had gone too far. The words “by the Imperial Government” were altered into “in the name of the Imperial Government;” and to the resolution in the amended form the credit of the Ministry was again pledged. The Council, or Upper Chamber, an elective body, like the Assembly, took immediate action. A motion was proposed that the Governor's speech was unsatisfactory, and that it was desirable that the Colony should be represented at the Conference, and this, after a few hours' debate, was carried by a majority of two-thirds. Mr. Molteno brought forward his Resolution in the Assembly in a speech to which, as it is in your Lordship's hands, I need not refer further than to say, that if I really deserved the imputation which Mr. Molteno threw upon me, your Lordship must regret having confided so important a negotiation to a person so unfit to be trusted with it. Mr. Molteno was followed to the same purpose by the Attorney-General, who accused me in detail of having violated the Constitution, in the sense in which the * Constitution was understood by himself. The discussion continued from day to day, and the issue grew more and more uncertain. It turned upon the votes of eight or ten members, who had hitherto been the supporters of Mr. Molteno, but whose constituents were in favour of the Conference. The Ministers expected to retain the votes of * gentlemen. Others, who ought to have been equally well informed, [190 * 82 told me, on the contrary, that the numbers would be equal, and the resuít would be decided by the casting-vote of the Speaker. The division, at any rate, was likely to be a near one, and the Conference party, supported as they were by the vote of the Council, had determined, in the event of defeat to demand a dissolution. Mr. Molteno had intimated in his speech that, if appealed to in a proper manner, he was ready to advise the house to assist the Imperial Government about the Diamond Fields. I was satisfied that, if this point could be secured, it was as much as would be practically useful for immediate purposes. I was anxious that the agitation should go no further and that the Colony, in its present humour, should be spared the excitement and expense of a general election. I requested the Governor to tell Mr. Molteno that if he would act upon his words and carry a resolution through the Assembly, pledging it to abide by its former vote, or if he would allow me to carry home to England a promise to that effect, I would immediately go back with it to your Lordship, and explain that as much had been done as would be immediately useful or desirable. Mr. Molteno answered generally that he saw no objection to the House giving such a pledge, but he did not see his way to re-enter into any direct correspondence with me, and the debate proceeded. * A private member introduced a clause embodying what I desired, as an appendage to the Minister's resolution, and to this Mr. Molteno had given his assent, when your Lordship's despatch of the 22nd of October arrived and changed the scene. Your Lordship expressed your hope that the Parliament would have been found in harmony with the wishes of the people. Should the Parliament have unfortunately shown itself disinclined to meet those wishes, you reminded the Governor that the constitutional course would be a dissolution; but you intimated an opinion, in which I entirely agreed, that the purposes of a preliminary Conference had, in great measure, been already attained in the prolonged discussion which had taken place in the colony. A desire for a closer union between the different States had been displayed almost universally. With respect to the differences with the Free States, the leading members of both Houses had already, though you did not know it, arrived at a conclusion that the Parliament could no longer persist in repudiating its responsibilities. The time was therefore come for you to invite Representatives from all the States to London, when you might explain to them more immediately the views of the Imperial Govern- ment. The despatch was variously construed. I myself understood your Lordship to mean that you did not desire the agitation to be pressed unnecessarily to a political crisis. The result is a favourable illustration of the working of Constitutional Govern- ment in the Colony, and of the tendency of representative bodies to gravitate, even when there appeared least promise of it, into rational and moderate conclusions. The Ministers were still inclined to press their resolution condemning the agitation. The Opposition were determined to insist on a Conference being held in South Africa. Mr. Solomon, with true, Parliamentary sagacity, stepped in and took command of the situation over the heads of the contending parties. * The House was evidently reluctant to pass a resolution distinctly hostile to the Imperial Government, or to commit itself a second time to a rejection of a Conference of any kind. It was equally unwilling to pass a vote which might bring about a change of Ministry. Mr. Solomon therefore moved that, as your Lordship appeared to think that the objects of the preliminary Conference had been attained, your proposal must be held to be withdrawn, and that the Ministers’ resolution was therefore no longer necessary. He adopted the rider already introduced which bound the House to assist in composing the Diamond Field difficulty. Mr. Molteno accepted the amend- ment, and it was carried in this form to my very great satisfaction by a large majority. The one point of immediate and pressing consequence was thus irrevocably conceded. The question at issue.between the British Government and the two Republics cannot be any longer ignored. The frontier is undefined; the course of justice is disturbed The protest of the Orange Free State has been four years before the world, and the Government at Bloemfontein insists that the demand for foreign arbitration must either be allowed or must be superseded by direct negotiation, unless the British Government intends to rely merely on superiority of force. The difficulties connected with the dispute have been insoluble so long as the Cape Parliament set aside its obligations. Your Lordship can now bring to an end a long and intricate controversy, which was embittering against the British Government, not only the Republics them- selves, but a large and meritorious portion of the population of the Colony. You can now repair without difficulty the effect of the hasty acquisition of the Diamond Fields 83 territory, which may have been an act of injustice, and was an act, beyond all doubt, of the greatest impolicy. - - * When this dispute shall have been honourably settled, the President of the Orange Free State undertakes to advise his Volksraad to send delegates to a Conference where ever your Lordship shall be pleased to hold it, being willing and anxious to take part in the consideration of the many and grave questions which are arising respecting . the management of the native population. Independently of the duties towards the negro races which, by their occupation of the country the European settlers have taken upon themselves, the security of life and property in the interior States demands a more harmonious co-operation between them than at present prevails. The Eastern Province of the Cape Colony is exposed to the same dangers, perhaps to an equal extent. , The frontier districts are thickly peopled with the Kafir tribes, whom severe experience has taugh] us to be formidable, and the numbers of them are rather increasing than diminishing. A general rising of the natives in the interior would assuredly not leave Caffraria or Basutoland undisturbed, and the negligence of indifference which has permitted the Kafirs to arm themselves so extensively, adds to the gravity of the situation. The Cape Colony, may be presumed to understand its own condition. It has conceded the essential point which alone your Lordship had a right to demand from it, and must determine for itself whether it prefers to stand aloof or to co-operate with Natal and the States beyond the Orange River in such measures as may be deemed expedient for mutual defence and the education and elevation of the Tatives. The obstacle, however, can now be removed which interfered with a due adjustment of the relations between Natal and Griqua-Land and the independent Republics, and an intimate alliance between these four States can be arranged without difficulty at a Conference. A confederate South African Dominion, embracing all the States, both English and Dutch, under a common, flag, may be expected as likely to follow, and perhaps at no very distant period. There is scarcely a person of intelligence in the entire country who does not desire it; and an object recommended alike by sentiment and interest can scarcely fail of eventual realization. Suspicion will die out when the Imperial policy is seen to be disinterested. Resentments will cease when the provocation no longer remains. But plants of slow growth endure the longest ; and the final consummation, however devoutly it be wished, can only be brought to wholesome maturity by the deliberate action of the South African communities themselves. . - In conclusion, I have to express my regret if I appear to your Lordship to have committed any mistakes in the conduct of the charge which was entrusted to me. The difficulties which I encountered at the outset were so entirely unforeseen, that your Lordship had given me no instruction how to act in the situation in which I found myself. * - tº -- I can only throw myself on your Lordship's kind consideration, and remain, &c. . (Signed) . J. A. FROUDE. - No. 51. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. Sir, - Downing Street, January 12, 1876. I HAVE the honour to acknowledge the receipt of your despatch of the 26tt. November, inclosing a copy of the Speech with which you closed the Special Session of the Parliament of the Cape of Good Hope. & - - - I have, &c. (Signed) CARNARVON. No. 52. Foreign Office to Colonial Office. Sir, . - Foreign Office, January 12, 1876. I HAVE laid before the Earl of Derby your letter of the 6th instant, with its inclosures, and I am now directed by his Lordship to request that you will inform Her * No. 44. - * i No. 49. * M 2 84 Majesty's Secretary of State for the Colonies, that Lord Derby concurs in the terms of the proposed instruction to Sir H. Barkly on questions connected with the Orange River Free State, of which copy was transmitted there with. ta I am, &c. (Signed) T. V. LISTER, No. 53. Governor Sir H. Barkly, G.C.M.G., K.C.B., to the Earl of Carnarvon.—(Received January 12, 1876.) My Lord, Government House, Cape Town, December 14, 1875. I HAVE the honour to transmit copy of a despateh from the Administrator of Griqua-Land West, from which it will be seen that the Acting President of the South African Republic, in reply to a communication from Major Lanyon, refused to acknowledge the Government of that Province. r I have, &c. e (Signed) HENRY BARKLY. Inclosure 1 in No. 53. Sir, - Rimberley, December 3, 1875. I HAVE the honour to transmit, for your Excellency’s information, a copy of a translation of a despatch, which I have received from the Acting President of the Transvaal Republic, in reply to one I addressed to that Government respecting my arrival and assumption of the Government of this Province. e - - I have, &c. ** (Signed) W. O.WEN LANYON. His Excellency Sir H. Barkly, G.C.M.G., K.C.B., * &c. &c. &c. inclosure 2 in No. 53. Honourable Sir, - Government Office, Pretoria, November 27, 1875. HEREWITH I have the honour to forward to your Honour the resolution of my Executive Council, dated the 25th November, 1875, Article 307, on the letter of his Honour, W. Owen Lanyon, dated the 17th November, 1875, notifying that his Honour had assumed the Government over the Province called Griqua-Land West, . Keeping in view the circumstances of the south westerly frontier of this Republic, the Executive Council resolved that they had no power to advise his Honour the Acting President to acknowledge the civility shown, by replying to the letter, considering that no Government at Griqua-Land West can be acknowledged by this Government, inasmuch as it interferes with the rights and independence of the South African Republic. (Signed) “P. J. Jo UBERT, Acting State President. “Swart, State Secretary. “P. J. FourTE. “S. J. P. KRUGER. “C. J. JoubERT.” x, (Signed) P. J. JOUBERT, By order. Acting State President. (Signed) Swart, State Secretary. His Honour W. Lanyon, Administrator, Griqua-Land West. 85 No. 54. The Earl of Carnarvon to Lieutenant-Governor Sir H. E. Bulwer, K.C.M.G. Sir, - Downing Street, January 13, 1876. I HAVE to acknowledge the receipt of your despatch of the 26th November,” forwarding an Address and Resolutions of the Legislative Council of Natal on the subject of the Conference of Delegates from the Colonies and States of South Africa, proposed in my despatch of the 4th of May last.f With regard to the desire expressed by the Council, that Natal should be represented at the Conference by Delegates selected by that House, I had, in considering the question, anticipated that such might be their wish, and it will give me much pleasure to meet their views. If, therefore, as I think possible, a Conference is held this year in London, I shall be very happy to receive one or two unofficial members accompanying Mr. Shepstone. If the numbers of the Conference shall be enlarged so as to enable one of these gentlemen to sit as a member, I will raise no objection to his doing so; and although it does not seem probable that the number can now be so enlarged, it may be well that the Council should name the person whom they would wish to see in that position. - . I have, &c. (Signed) CARNARVON." No. 55. The Earl of Carnarvon to Lieutenant-Governor Sir H. E. Bulwer, K.C.M.G. Sir, . gº Downing Street, January 13, 1876. I HAVE to request that you will publish at once, for general information, my despatch of this date, respecting the delegation of two members of the Natal Council to attend any Conference which may take place upon South African affairs. - I have, &c. - (Signed) CARNARVON. No. 56. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. Sir, Downing Street, January 13, 1876. I TRANSMIT to you, for your information, a copy of a despatch from the Lieutenant- Governor of Natal, on the subject of the Conference proposed in my despatch of the 4th May, f with a copy of the answer which I have returned to it. ...; I have, &c. 2’ (Signed) CARNARVON. No. 57. Colonial Office to His Honour President Burgers. Sir, Downing Street, January 21, 1876. I AM directed by the Earl of Carnarvor, to transmit to you, for your information, in case you should not have already received it, a copy of a despatch addressed to the Administrator of Griqua-Land West, by the Acting President of the Transvaal Republic, with copies of the covering despatches. - - o 2. Tord Carnarvon would have been glad if the Acting President and Executive Council had thought fit to make a more friendly communication to the Officer representing Her Majesty in Griqua-Land West, especially as by so doing they could not have pre- judiced any well founded claims of the Republic. * 3. His Lordship, however, still entertains the hope which he has frequently expressed, that the causes of misunderstanding may, in some considerable degree at all events, be removed by more direct and explicit communications between the Transvaal Republic and * No. 45, . * No. 1. † No. 54. § No. 45. 86 Her Majesty's Government; and I am to take this opportunity of informing you that Lord Carnarvon has invited the President of the Orange Free State to meet him in this country at some convenient time in the spring of this year, and thinks it further probable that a meeting of delegates from South Africa may also assemble here at the same time. 4. On personal as well as on public grounds it would be highly satisfactory to Lord Carnarvon if your engagements should permit you to represent the Transvaal Republic on that occasion. I am, &c. *- (Signèd) ROBERT G. W. HERBERT. No. 58. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K. C.B. - Downing Street, January 22, 1876. I HAVE the honour to acknowledge the receipt of your despatch of the 19th November,” transmitting a copy of your correspondence with President Brand on the subject of my despatch of the 31st August,+ together with a sealed packet containing the President’s reply, dated November 11th, a copy of which I inclose for your information. The tone and general tenor of Mr. Brand's despatch are, I need hardly say, very satisfactory to me, and still further encourage me in the belief that there need be no great difficulty in arriving at a ciear understanding on the questions now pending between this country and the Orange Free State, which it is most urgently necessary to settle. 2. In my despatch of the 31st August, (written at an earlier stage of the proceedings with regard to a Conference, the course of which has since been materially altered), I stated that I should not see my way to an advantageous discussion of such questions with him or his Delegate, until the Conference, which I then hoped to see convened in South Africa, had been held. - - 3. My subsequent communications have, however, explained that in view of all that has occurred, I am now of opinion that the preferable course will be for me to communi- cate personally in this country with such gentlemen as may be sent hither on behalf of the Colonies and States, and as it is not now contemplated that a Conference should assemble forthwith in South Africa, that reason for my hesitating to enter into direct personal communication with Mr. Brand no longer exists. g 4. I have observed, with much pleasure, the readiness with which President Brand has accepted my statement that Her Majesty’s Government can take no further steps in connection with those attempts at an arbitration which, notwithstanding the expenditure of much labour, have been productive of no practical result ; and I may assure him that if negotiations of a different character are now opened, he will not find me wanting, either in that spirit of conciliation, or in that sincere desire to attain a speedy and effectual settle- ment, which he so justly urges as essential conditions of success. * 5. In making this observation I have referred to myself, and I may at once say that attaching, as I do, the greatest importance to a really authoritative representation of the Governments concerned, I shall be prepared to act on behalf of Her Majesty's Govern- ment, and consequently to advise the Queen to confer upon me the usual and necessary powers to represent this country in the event of President Brand being invested by his legislature with similar authority. * --> . . As I feel strongly convinced that both on public and personal grounds, President Brand will reciprocate my desire to be associated with him in this matter, I have ventured to assume that he will not delay to obtain the necessary Powers, and will make it convenient to visit England at no distant time. It is, I trust, unnecessary to assure him that whatever may be the result of any negotiations that may thus be carried on, it will be a pleasure to Her Majesty's Government to show him, the consideration due to own personal eminence, no less than to the high position which he holds. * - 6. In another despatch I shall explain to you at length my reasons for continuing to think that a meeting should be held in this country at an early date, whether of a duly constituted Conference, or, at all events, of persons authorized to his give and receive explanations on matters of common interest. * * , 7. President Brand has expressed his regret that his duty will not permit him to i advise the Volksraad to consent that the question of the disputed territory of Griqua-Land West should be submitted to a Conference including the British Colonies, and he declares * No. 40. - + No. 1 2. i Printed as Inclosure 3 in No. 40. Sir, 87 himself further unable to recommend that the Orange Free State should be represented at a Conference including a representative of Griqua-Land West. Subject, however, to these conditions, he is willing that his State should take part in a Conference upon the Native question and the trade in arms and ammunition. - - - 8. The first of the objections which i have mentioned is happily disposed of by the consent of Mr. Brand to those direct negotiations which are of course in some respects prefer- ble to the discussions of a Conference, especially as these would only be preliminary to fur- ther proceedings; and if I should succeed in coming to a satisfactory understanding with reference to the questions affecting Griqua-Land West, the second objection will obviously have also disappeared. i - * 9. These two questions therefore being thus disposed of, if, as is possible, a Conference assembles here about the time of President Brand’s visit, if he should be able to meet me here in the early part of this year, I still hope that he may take part in it: and, as it may be found that there are other questions besides those which he has specified (although those are of the gravest importance to all the South African Colonies and States) into the discussion of which he would desire to enter, I trust that he will not be needlessly embar- rassed by restrictions as to the subjects to be entered into. t 10. I have to request you to communicute at once this despatch to President Brand, with the request that he will acquaint you, as soon as he conveniently can, whether he acquiesces in my proposal that he should visit England this year, as . Plenipotentiary on behalf of the Orange Free State, and if so, at what time he anticipates that I may have the pleasure of seeing him. - * - f I have, &c. - (Signed) CARNARVON. No. 59. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. - - Downing Street, January 24, 1876. I HAVE the honour to acknowledge the receipt of your despatches of the 16th and 24th November,” in which you report the further proceedings of the two Houses of the Cape Parliament in the Special Session convened for the purpose of considering my proposal for a Conference of the South African Colonies and States. * 2. In the first of these despatches you transmit to me an Address adopted by the Legislative Council, declaring that the Conference is desirable, and that it is of the utmost importance to the Cape Colony that it should be represented at it ; and you report the commencement and adjournment in the House of Assembly of a debate arising out of Mr. Molteno's notice of motion. 3. In the other despatch you inform me that after eight days' discussion decisive divisions were taken, and that, the Colonial Secretary's motion having been first got rid of, that of Mr. Watermeyer, in favour of appointing delegates to represent the Colony at the Conference, was next negatived by 35 to 22 votes, and finally Mr. Solomon's amend- ment, which then became the main question, was adopted by 36 to 22. I have further had the advantage of perusing the Report of the Debates as given in the Colonial news- papers; and I may here be permitted to express my sense of the ability with which, on the part of many of the speakers, these discussions have been conducted. 4. In thus reviewing the circumstances of this debate, and with every desire to touch as lightly as possible upon some of its incidents, I cannot entirely avoid all allusion to the motion of which Mr. Molteno gave notice immediately after the delivery of your opening Speech, and to the terms of which I felt myself bound, in my despatch No. 142 of the 7th December, to say that I should be compelled to take exception. I observe, however, that, on reflection, the language of that resolution was, no doubt through a conviction of its impropriety, modified, and I will therefore say little more than that I greatly regret that a gentleman holding the Queen's Commission as the leader of the Government in a very important Colony should have so imperfectly comprehended the nature and obligations of his position as to feel able to subscribe his name to a resolution reflecting so seriously on the servants of the Queen in this country, and charging them with conduct which, if it could be substantiated, would make them, in my opinion, unworthy of advising the Crown on this or any other subject. - - 5, . I am aware of Mr. Molteno's ability, and of the position which he holds in the * Nos. 38 and 41. Sir, 88 estimation of his fellow subjects in the Cape Colony, and I think it can only have been from a failure to understand the relations which must, both in language and in practice, subsist between the Imperial Government and the officers of a Colonial Government that he overlooked the fact that the terms of his motion were such as are, to the best of my belief, without parallel or precedent, even in cases which have been far more open to controversy than this can be said to be, and for obvious reasons are not adopted by persons continuing to hold office in Colonies under the Representatives of the Queen. 6. The recent prolonged discussions, however, both in and out of Parliament, will, I doubt not, have greatly contributed to explain to many to whom the subject was not familiar the true character and limits of Ministerial responsibility in a Colony under responsible Government; and, passing at once to the motion itself, it is my first duty to place it on record that nothing unconstitutional has been done or contemplated by Her Majesty’s Government, nor has any “agitation been created and encouraged by them or in their name in opposition to the Colonial Government.” 7. These words, which are those of Mr. Molteno's motion, whether as originally drawn or as amended, were of course, directed against Mr. Froude ; and while I think it on the whole fair to that gentleman to leave it to him to explain (as he does very fully and ably in his report to me, of which a copy will be transmitted to you among the papers that will be laid before Parliament) the part which he has taken in these proceedings, it appears desirable that I should here state what has been his true position with reference to myself and to Her Majesty's Government. 8. In the 13th paragraph of my despatch of the 4th May last I stated that “it had given me much pleasure to learn that Mr. Froude had decided to revisit the Cape, and was willing to take a part in the Conference,” at which I proposed he should represent this country. In the event of a Conference being then assembled, Mr. Froude would have occupied the position of a representative of Her Majesty’s Government; but as no Conference has yet been agreed upon, he has of course at no time assumed any such function or responsibility. He has possessed from first to iast my full confidence, accorded to him no less on account of his high character and ability, than because of the unhesitating earnestness with which he has contended for the promotion of South African interests and his general concurrence in my view of the manner in which those interests could best be advanced; and whilst unfettered in the exercise of his own discretion as to the events of the moment, with regard to which it is obvious that I could not give, and for which I purposely abstained from giving, detailed instructions, he has been able to explain the general tenor of my wishes and objects with an eloquence and fulness and ability to which, hereafter, if not now, ample credit, I am convinced, will be given. And now that his visit has terminated, I gladly take this opportunity to express my recognition of the great and lasting benefit which he has conferred upon South Africa by his untiring energy, by the high qualities which he has brought to bear on the particular question of the time, under circumstances of peculiar difficulty, and by the clear and forcible manner in which, on many occasious, he has inculcated a policy and principles not unnaturally lost sight of by many under the more immediate pressure of local questions. And if, indeed, he has been misunderstood and misrepresented in some quarters, I trust that he will have been well rewarded by the knowledge that he was taking part in no common or insignificant question ; and by the consciousness of having done his utmost to render those measures in which he has been engaged really beneficial to all concerned in them, of whatever nationality or race. r 9. Norought I here to be silent on another point which as I am aware has excited some attention. During the course of local discussion every kind of position, duty, and function has been attributed to Mr. Froude, motives have been freely imagined, and many supposi- tions have been entertained which a little inquiry would have easily removed. It might, however, have been known by any one who cared to ascertain the fact, that Mr. Froude has acted in no capacity beyond that already indicated, and has received, in the strict sense of the word, no official instructions, and further that no formal correspondence has passed between him and this Department; for this reason, because I felt that all such correspond- ence ought to pass through you as the representative of the Crown and as the legitimate adviser of Her Majesty’s Government. I have, therefore, throughout the discussion of this question addressed my despatches solely to you, with a request that you would commu- nicate them to Mr. Froude as well as to your Ministers. ** 10. I was thus abundantly observant of the consideration due to the responsible Ministers of the principal dependency of the Crown in South Africa, and took care that they should, if they thought fit, be the channel through which the views of Her Majesty's Government might be made known to the people of the Cape Colony. But as the subjects to which my despatches related did not concern the Cape only, I did not think it right to leave it to your advisers to decide whether, or when, they should be 89 published, and I accordingly directed you to publish them at once for the general information of the various communities of South Africa. ll. The circumstances of the case would have fully justified this course, even if you had not, in addition to the office of Governor of the Cape Colony, held that of Her Majesty's High Commissioner for South Africa, in which capacity you are the ordinary and recognized means of communication between Her Majesty's Government and the neighbouring Republics, and in the discharge of which you are responsible to them alone. I am afraid however that it may not at all times have been sufficiently remembered that your duties as High Commissioner cannot be subordinated to the local policy of your advisers, and that even in matters affecting the Cape alone you have obligations to Her Majesty's Government which no Colonial Minister can expect you to overlook. 12. But however this may be, after the publication of my despatches, it soon became apparent that the true nature and object of my proposals was being misrepresented, and when Mr. Froude was strongly pressed in many quarters to explain what he understood to be their real meaning, I consider not only that he was, through the independence of his position, **** ~:... ', -- . , perſectly free to give such explanations as might appear to him to be necessary at a ver critical moment, but that he would have done wrong had he refused them. On the other ... -...----…----------., -e-, * ~~.---------------------------~~~~ **** hand, I equally approve of his having declined repeated invitations of this nature after his construction of my objects had been sufficiently made known, whatever might be the local disappointment felt or expressed at his absence from public meetings held for the purpose of discussing these questions. 13. In short, being fully satisfied that no unconstitutional agitation has been carried on within the Cape Colony in connection with this question, I cannot but express my regret that expressions which, although indirectly, implied such a fact, were retained in the amendment adopted by the Assembly on the motion of Mr. Solomon. They are not con- sistent with the facts of the case, nor, as far as I understand the debate, with the general spirit in which this amendment was moved, and if so, they are, I venture to think, hardly worthy of the temper in which such a controversy as this deserved to be conducted. As, however, that amendment concludes with an offer to assist Her Majesty's Government in a matter of grave importance, on which the Assembly has since the establishment of responsible Government shown much indisposition to take any action, I gladly assume that its general intention is friendly, and in that feeling I earnestly desire to lay aside all past misunderstandings, and to consider only what course, as best alike in the interests of the Colony and the Empire, may be taken in the future. 14. And here I am bound to point out—although indeed them atter now appears to be more generally understood—a singular but absolute misconception of fact in the statement with which Mr. Solomon's amendment opens, that Her Majesty's Government have with– drawn their proposal for a Conference. Both in my despatch of October 22nd, and in my subsequent despatches on the subject, I have repeatedly stated that I do not think it desirable, after all the long and animated discussion of the last few months, that the first or preliminary meeting of delegates should take place without some more definite enun- ciation of the views of Her Majesty's Government on several questions, and that I conceive it to be most convenient for such explanations to be given in this country. Not only, indeed, do I decidedly adhere to the opinion that an early meeting is desirable, but I have before me a distinct resolution on the part of the Legislature of Natal in favour of the representation of that Colony at a Conference, together with cordial expressions of readiness from the Authorities of the Free State and the Transvaal Republic to attend it, and it therefore only remains to decide what may be the most suitable time and place for such a meeting. +. - 15. I have invited President Brand to visit this country at an early date, in order to conſer with me respecting the claims of his State in connection with Griqualand West, pending a settlement of which he feels unable to take part in a Conference so far as the affairs of that province are concerned. I am disposed to hope that some friendly arrange- ment may be come to with the Free State ; but anyhow, in view of the resolution of the Assembly, and the consequent offer of your Ministers to advise and assist Her Majesty's Government as to Griqua-Land West, I think it due to them to invite them to consider whether some competent representative of the Cape Government should not be present in this country to consult with me on this subject while President Brand, or whoever may represent the Free State, is here. Being on the spot, you will be able to ascertain when that is likely to be, and to make such arrangements as they may consider desirable. - 16. It is, then, my hope that an arrangement may be shortly made for the holding of a Conference in London, probably to follow upon the communications which I have proposed to President Brand. As I have never pressed upon the Cape Government, so I now desire to avoid the least semblance of pressing upon them, an attendance at the Conference. I [190] N 90 merely think it right to say that if any person or persons duly authorized on behalf of the Colony, who may be sent to this country with reference to these Griqua-Land negotiations, should desire, or be empowered further to attend the discussions of the Conference that will probably take place, he or they will, so far as I am concerned, have every facility for doing so. And, although I should not now repeat so obvious a statement except for the frequent, and to me incomprehensible misconceptions on the subject, I must add that nothing said or done at such a Conference will bind any of the Governments or Legisla- tures who may be represented at it, and that it will be for each Legislature to decide whether. any measure which a Conference may agree to propose shall be accepted. 17. I must not conclude without some observations respecting that important question of Confederation, which has engaged so much public attention in South Africa. I understand that some persons have considered that in my despatch of October 22 T have too readily assumed that the Cape is prepared to affirm the present expediency of Confederation, and even that I have indicated an intention of pressing that policy upon the Colony. It is true that in that despatch, as in more than one which you have subsequently received, I gave especial prominence to this question; so I did also in my first despatch suggesting a Conference, for I have felt it to be the question in the presence of which all others are of secondary importance. 18. In your despatch of October 20, written at almost the same time as mine of the 22nd, you yourself say, “the feeling of the country has been so loudly expressed in most districts in favour of the proposals for a Conference, that I cannot but think that if reciprocal sentiments exist in the Republics such a Conference will, ere long, be held, and the Confederation of South African States and Colonies under the British flag, for which your Lordship is so earnestly labouring, be accomplished.” 19. I trust this may be so. That the two Republics should see their way, on fair and 'homoºk terms, to resume their connection with the British Crown, from which they were unfortunately separated many years since, would be a result of the highest and most {ººl. value; that they should even enter into a cordial and intimate alliance with that Empire in which I firmly believe their surest interests to be bound up, would, in } my eyes, be an object in the next degree desirable. 3. 20. But in any case I continue to think that no proper and convenient opportunity of studying this great question should be lost, and that whenever Her Majesty's Govern- ment can meet with representatives from the Governments concerned, or whenever they may agree to consult together on subjects of common interest, the principles and bearings of Confederation may properly be considered. While, however, in consequence of the recent discussions, the present time appears to me peculiarly opportune for laying down the outlines of such a scheme, I am, as I always have been, very far from desiring to press any Government or Legislature to commit itself finally to so grave a step as that of Confederation, without clearly understanding what it implies. 21. I entertain no doubt that, when its operation is so understood, not only those who are most anxious for the strengthening and consolidation of Colonial and Imperial interests, but many of those also who now shrink from the idea of a new and untried form of Government, will recognize from every point of view the value of such a policy as I desire to see adopted. But in order to be successful and enduring, Confederation should be the result of a clear conviction on the part of each State entering into it, that its political, social, and material interests, as a whole, will be advanced, and that those minor objections which always present themselves when any large scheme is proposed, and which, at first sight, even appear to constitute serious obstacles, can be satisfactorily disposed of. 22. I will, in conclusion, only add, by way of recapitulation of what I have already said, that, putting aside any objections I may have to the language in which the Resolution of the House of Assembly is couched, I accept it with satisfaction as a very substantial concession to the Imperial Government on points of real importance. Not only has the House declined to place on record the statement, which would have been neither accurate nor becoming, that the Imperial Government has been connected with an uncon- stitutional agitation, but it has accepted, in terms which I have no doubt the Colony will understand to imply substantial co-operation, the duty which I have repeatedly urged on your Government of redeeming those pledges which were given by a former Parliament, and in consequence of which Griqua-Land West was brought under British rule. - 23. This resolution has, I hope, materially advanced the final settlement of a difficult question, and I am sincerely obliged to the Assembly for a decision which embodies one of And as regards the representation of the Cape at a Conference (for the objection to th holding of any Conference at all was of course an error which I need not notice), I under the first and principal results which I had thought a Conference likely to bring º stand the Colonial Government to be left free to act at any future time as it may deem bes, - 91 24. I trust that on reflection this result will appear as satisfactory to those who voted for Mr. Watermeyer's amendment as it does to myself, and that the people generally will, at least, feel that their various interests and requirements are now much better understood, both here and in the Colony, than they had been before. The termination of the late debates in Parliament closes the most important era which has occurred in the history, not only of the Cape Colony, but of South Africa. It is most essential that the grave questions which have been raised should now be calmly and deliberately considered in all their aspects. If this is undertaken in a generous and ungrudging spirit, it is not unreasonable to hope that the scattered communities of South Africa, now weakened by their isolation and retarded by conflicting interests, will, at no distant day, be united into one of the most considerable dependencies of the British Crown. I have, &c. (Signed) CARNARVON. No. 60. The Earl of Carnarvon to Governor Sir H. Barkly, G.C.M.G., K.C.B. . ** Downing Street, January 24, 1876. I HAVE received your despatch of the 4th of December,” transmitting a minute from your Responsible Advisers, with a resolution of the House of Assembly, in which they express their opinion “that the Government and Parliament should, if it be desired by the Imperial Government, give it their counsel and assistance in settling the difficulties which have arisen out of the extension of British jurisdiction to the territory known as Griqua-Land West.” - In the absence of any declaration as to the nature of the assistance which your Ministers feel themselves authorized to give, I can only conclude that the resolution would not have been adopted by the House and accepted by the Ministers, unless in each case some substantial co-operation had been intended. I shall be much assisted by some further indication of the views of your Ministers, and in another despatch which you will receive herewith, I have suggested the manner in which it appears to me that the subject may be most conveniently taken in hand, namely, by the visit to this country of some person duly empowered by your Government to confer with me on the subject. | Sir, I am, &c. (Signed) CARNARVON. * Na, 48. SOUTH AFRICA. CoR RESPONDENCE respecting the proposed Com- ference of Delegates on Affairs of South Africa. Presented to both Houses of Parliament by Com- mand of Her Majesty. February 1876. LONDON : p RINTED BY HARRISON AND SONS. - *. “. . ** , , - . ...? * ...A.--> <^T A. i.” ~~} . . . 3 *, & * }% …” & N ~& & A-6.2%. 37; ºr '…. 3-3 #} \,...yº.,” “” ..., s.s., , -- * A - f : **** ~ - • * ~~~ .." souTH AFRICA. FURTHER CORRESPONDENCE THE PROPOSED BILL FOR ENABLING THE SOUTH AFRICAN COLONIES AND STATES TO UNITE UNDER ONE GOVERNMENT. (In continuation of [C.—1399) of February 1876.) presented to both 39 ouges of parliament by Command of 39er ſºlaje3ty. April 1877. * w L () N D O N : - PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPOTTISWOODE, ‘PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY. - FOR HER MAJESTY'S STATIONERY OFFICE. sºmeºmºmºmº - - 1877. [C.—17 32.] Price 6%d. ; s —A- From or to whom. TABLE OF CONTENTS. Date. Subject. l 10 11 12 , Tó Governor Sir H. Barkly, G.C.M.G., K.C.B. To . Lieut.-Gov. Sir H. Bulwer, K.C.M.G., te To Sir H. Barkly, G.C.M.G., K.C.B. To Sir H. Bulwer, R.C.M.G. Sir H. Barkly, G.C.M.G., K.C.B. To Sir H. Barkly, ... G.C.M.G., K.C.B. Sir H. Barkly, G.C.M.G., K.C.B. Mr. J. Akerman - Mr. J. Robinson . | To Sir H. Barkly, G.C.M.G., K.C.B. To Mr. Akerman - To Mr. Robinson - Nov. 8, 1876 Nov. 14, 1876 § Dec. 14, 1876 Dec. 21, 1876 Jan. 16, 1877 Feb. 15, 1877 Jan. 22, 1877 (Rec. Feb. 17). Feb. 21, 1877 Feb. 19, 1877 (Rec. Feb. 26). Feb. 28, 1877 Mar. 3, 1877 Mar. 5, 1877 | Transmitting a report of the proceedings at the Colonial Office on the 26th October, when Lord Carnarvon received a deputation of gentlemen interested in South African affairs. His Lordship hopes soon to be able to send, for the Governor’s consideration, copies of the Draft Bill for the purpose of enabling such of the Colonies and States as may desire it to enter into Confederation. Forwarding a report of the proceedings which took place at the Colonial Office on the 26th October 1876. Transmits copy of a Draft Bill which Lord Carnarvon pro- poses to submit to the Imperial Legislature for the purpose . of enabling the Colonies and States desiring Confederation to unite themselves under one Government and Legislature. Forwards copy of the Despatch which Lord Carnarvon ad- dressed to Sir H. Barkly together with a copy of the Draft Bill, and trusts that the very important question now brought under the notice of the Natal Government and Elegislature will receive the full eonsideration which the subject demands. Acknowledges Lord Carnarvon's Despatch of the 14th December, and states that he has communicated it to the Administrator. of Griqualand West and to the Presidents of the Orange Free State and of the Transvaal Republic. Approves the course taken by Sir H. Barkly in forwarding Lord Carnarvon's Despatch of the 14th December last to the Administrator of Griqualand West, and the Presidents of the Orange Free State and of the Transvaal Republic. | Transmits a Minute which had been communicated to him by his Ministers on the subject of the Permissive Con- federation Bill relative to the course to be adopted in regard to the Province of Griqualand West. Forwards a few cursory thoughts on the South African Bill, and expresses his regret that Mr. Robinson and him- self were not permitted to discuss the provisions of the Bill at the time it was framed. & t Encloses comments upon the Draft Union Bill. Acknowledges Sir H. Barkly's Despatch, of the 22nd January on the subject of the proposed Bill, more particularly with reference to the union of the Province of Griqualand West with the Cape Colony. Acknowledging his letter of February 21st, and assuring him that these criticisms and any further observations he may be desirous of making will be carefully considered. Acknowledges the receipt of his letter of February 19th, enclosing a Memorandum on the South African Confedera- tion Bill, and expresses Lord Carnarvon's thanks for the observations he has furnished on the subject of the Bill. 4.1410. Wt. 16529. Encloses copy of a letter which has been addressed to his colleague, Mr. Akerman, on the same subject. A 2. | 33 5–º# 15 29 31 31 36 38 39 4 - Table of Contents—continued. ** . . K.C.M.G. # From or to whom. Date. Subject. # 18|To Lieut-Governor Mar. 8, 187 7 | Transmits copies of a correspondence with Messrs. Akerman | 89 Sir H. Bulwer, - and Robinson on the subject of certain observations which * K.C.M.G. º they had submitted with respect to the Draft Bill. º 14 ||Governor Sir H. Feb. 7, 1877 | Forwarding Despatch from the Administrator reporting the 39 Barkly, G.C.M.G., (Rec. Mar. 12), publication of the Draft Bill in the Government Gazette, JK.C.B. - & and that it will be presented to the Legislative Council at . its next meeting. - - 15, Ditto - - | Feb. 9, 1877 Transmitting copy of President Brand’s communication show. |40 4. e (Rec. Mar. 12). ing that he is precluded from entertaining the proposition !. himself that the Orange Free State should come into the Confederation, but promising to lay the correspondence. before the Volksraad in May next. . 16 || Ditto tºº - | Feb. 15, 1877. Submitting remarks on the Permissive Bill, as desired by 41 : (Rec. Mar. 20). Lord Carnarvon in his Despatch of December 14, 1876. "| 17 | To Right Hon. Sir April 12, 1877 | Inclosing revised draft of Bill. 43 B. Frere. - º * * *, 18 To Sir H. Bulwer, April 12, 1877 Ditto. | 52 FURTHER CORRESPONDENCE. No. 1. . t - * * * The EARL OF CARNARVON to Governor SIR. H. BARKLY, G.C.M.G., K.C.B. SIR, * e Downing Street, November 8, 1876. I HAVE the honour to transmit to you 18 copies of a report of the proceedings at this office on the 26th ultimo, when I received a deputation of gentlemen interested in South African affairs. This report was taken in shorthand at the time, and appears to me to be generally correct, and as the reports in the daily press were necessarily much condensed, I think it will be satisfactory to your Government to receive what is at all events a fuller account of my remarks. You will probably agree with me in thinking it desirable that this report should be communicated to the leading news- papers of the Colony, unless a full report has already been received. . - I hope shortly to send for your consideration, and for the consideration of your ministers, some copies of the Draft Bill which I have now under my consideration, and to which I referred in my remarks to the Deputation, for the purpose of enabling such of the Colonies and States as may desire it to enter into Confederation at such time and under such detailed provisions as they may hereafter agree upon. And as it is possible that misapprehensions might arise from an imperfect understanding of my proposal, I shall be obliged by your Government reserving any opinion on the subject until they are in possession of the Draft Bill, and of the explanations with which it will be accompanied. - t - * & - I have, &c. Governor Sir H. Barkly, G.C.M.G., K.C.B. (Signed) CARNARVON. Enclosure in No. 1. . * Shorthand Writer's IReport. THE DEPUTATION WAS INTRODUCED BY J. G. HUBBARD, Esq., M.P., AND - CONSISTED OF- - Mr. A. HAMILTON. waſ Mr. J. PATERSON. Mr. D. P. BLAIN.E. f ºv. čelº Mr. G. M. K.I.E.LL. Mr. W. S. KIRKWOOD. . . i r And between 30 and 40 other Gentlemen. The first speaker was A. Hamilton, Esq.-As I had the honour of forwarding to your Lordship a copy of the address, and, as it is familiar to the gentlemen present, it may perhaps save time if we take the address as read. sº I am instructed to take the liberty of expressing on behalf of the mercantile com- munity in this country who are interested in the Cape of Good Hope, the very great and unanimous approbation with which we have viewed the success of the policy of Confederation initiated by your Lordship; a policy which we conceive is calculated in the very best manner possible to promote not only the interests of the Colonists - A 3 6 themselves, but also the interests of the European Settlements beyond the frontier, and * is also calculated, by developing the resources of trade with the Colony, to add very materially to the commerce of this country with those regions. * * That a proposal of this kind, so very important and, at all events, so novel to many people in the Colony, should at the outset be received with some degree of opposition, was quite natural, and was to be expected; and it probably was in fact desirable that it should be received in the first instance with some opposition, in order that it might undergo that discussion and thorough investigation which would be the best means of its ultimately being adopted cordially and under conditions conducive to the benefit of all the communities concerned. . d & It seems quite extraordinary that the arguments which were so recently put forward in advocating the policy of Confederation should so soon, have been justified by the result. This unfortunate war which has broken out between the Transvaal Republic and the Zulus is one of the dangers which that policy was put forward to avert. It is a very singular, though somewhat unfortunate, circumstance, that that main object of the policy of Confederation should already have been justified by that unhappy event. The existence of this war shows the desirableness and indeed, the absolute necessity of extending to those regions the same policy with regard to the natives which has been so signally successful in the Cape Colony. That policy may be described in one word, my Lord, as being founded on justice towards the native races, and I desire to say that we are perfectly convinced that by the extension of the ...same policy to the Transvaal district, and to the other districts, the same happy results will follow as those which have already taken place in the Colony. I need not remind your Lordship of the extraordinary prosperity which attends the Colonial policy towards the natives of the Fingo. tribes within the Colony. Those tribes have for a long time been resident within the Colony, and for many years past have been the chief carriers of the produce which arrives at the coast, and the chief distributors of imports into the interior. They are making very rapid advancement, they are acquir- ing property, and are in every way thriving and happy, and contented with their position in the Colony, and are becoming in fact useful citizens. * g Then with regard to the land which was taken over and declared to be British territory some five or six years ago, already, since the British rule has been extended to the natives of that district, there has been very satisfactory progress in their condition. Already they rear cattle and sheep, and what is more important still is that. they have addicted themselves to agricultural pursuits, and are now raising cereals to a very large extent indeed. - - Now, my Lord, the same policy extended to the adjoining territory of the Transvaal and the Orange Free State would, I have no doubt whatever, be attended with the same happy results. . It is really very important indeed that the commerce and civilisation of the Colony should in that way spread northwards until at last it gradually extends over the wide field of the great continent of Africa. The progress which has been made has unfortunately been very seriously jeopardised by the outbreak of the war. { The Transvaal Boers are, there is too much reason to believe, unable to cope ! single-handed with the great Zulu tribe; and it becomes, therefore, a matter of } # necessity that something should be done, and done with as little delay as possible, to arrest the spread of this very serious evil; because the Zulus on the Transvaal frontier are already exceedingly excited, and quite naturally so, and that excitement is spreading to the other coloured races within the Colonies, especially within the Colony of Natal; and unless the progress of the war is arrested, there is no saying what evils may ensue, from it, and what a very serious check may be given to the gratifying progress which has already been made. - * - The Colonists and the settlers beyond the Colonies have at the present moment no proper means of taking combined action in any serious conjuncture. It is, therefore, I humbly submit to your Lordship, of very great importance that the Imperial Government should take the initiative in the matter and lead the way towards com- bined action in order to stop the spread of this very great evil. * * * * There is one thing which I wish especially to impress upon your Lordship, and that is, that it is absolutely necessary that steps should be taken somehow or other by the Imperial and Colonial Governments, with as little delay as possible, jointly, to check the war. It cannot be denied that neither the Imperial Government nor the Colonists can be expected to interfere, or can be called upon to interfere, in wars between the Transvaal people and the natives who border upon them, unless they acquire some voice in the policy of the Transvaal Republic with regard to the natives. There is -*- 7 already in the Transvaal Republic a very energetic and rapidly increasing party who, \ by the ſast accounts, so far as I have seen them, are in favour of Confederation; and others who may be said to be opposed to it, probably, and indeed most likely, do not completely understand what is meant by Confederation. The usual phrase is “ to take “over the Transvaal,” or “to annex the Transvaal.” Now it would be very importantſ if they could be got to understand that Confederation does not by any means imply centralisation; that Confederation might take place quite consistently with their management of their own local affairs; that it would not necessarily involve any inter- ference with some of their institutions to which they are most warmly attached, arid perhaps very justly attached; that it would not necessarily interfere with their Church : or with their land laws, or with those other habits and customs and laws, which they naturally cherish with a very strong feeling. The existence and continuance of all these institutions is quite consistent with Confederation. . . My Lord, this war which has broken out, although the circumstance is much to be regretted and is full of danger, still, if properly used, will in my own humble opinion afford a most admirable opportunity, which ought not to be let slip, to press forward the policy of Confederation. My Lord, there are other gentlemen who have recently returned from the Colony, and who are more familiar with the circumstances than I can pretend to be, who will supply your Lordship with matters of detail which will be most important for your Lordship's consideration. * T). P. Blaine, Esq.-My Lord, there is one point mentioned in the address on which this Deputation would like to hear something from your Lordship. In 1874, when . your Lordship first mooted the question of Confederation to the South African com- munity, the Eastern Province of the Cape Colony, Natal, and Griqualand, at once. warmly responded to it, and should those communities again express a desire for Confederation, this Deputation would wish to know whether Her Majesty’s Government would at Once adopt such measures as would enable them to carry out their wishes. I put that question to your Lordship because I apprehend that the Confederation of any of the States of South Africa would, as a matter of necessity, be in the first instance a strictly Imperial question, and consequently one upon which the Cape Parliament could not legislate until the Home Government had passed some measure approving. of the principle of Confederation. . . . t I may state that I am of opinion, from my intimate knowledge of the people, acquired by a residence of over 30 years in the country, that if such a measure were passed by the Home Government it would go a great way, in fact fully half way, to accomplish the object which we have in common with your Lordship, and which this Deputation attaches so deep an importance to, namely, a Confederation of the various States of South Africa into one great. South African Dominion, whereby alone the peace and prosperity of the community can be secured. By the administration of one uniform law to the natives resident in the territory, which would follow as a matter of course, their advancement in civilisation would be promoted, and by the adoption of a uniform policy towards those natives on the border the way would be gradually paved for the incorporation of them with this great Confederation, and thus the influences of civilisation would spread throughout the South African Colony. - - * W. S. Kirkwood, Esq.-There is another point, my Lord, which I think requires to be looked at. It is perfectly true that the opinions of the three communities named were as has been stated, but in view of a kind of partnership being formed between the three States, or a Confederation as it is termed, would it not, perhaps, be desirable that the Eastern Province, or rather some one on behalf of the Eastern Province, should be received into the Conference now sitting to discuss the terms of union from an Eastern Province point of view P. We cannot withhold from your Lordship the fact that a very general opinion exists relative to Natal that its very large native population constitutes an element of considerable danger. This Deputation would be very glad to learn from your Lordship whether Her Majesty's Government are prepared to recognise this fact and to take such measures as may facilitate its admission into the Confederation. g G. M. Kiell, Esq.-My Lord, it is very remarkable that the necessity of the policy to which your Lordship thought fit to call the attention of the Cape Legislature has received such a striking exemplification so speedily. There can be no doubt whatever that this most mischievous war in which the Transvaal Republic is now engaged, and which, from all I can learn, is carried on in a manner that is a perfect disgrace, is a warning and a portent to the Cape Colony and to all the adjoining A 4 8 § States; because if the natives are excited, as they unquestionably will be, and if they are elated by the success that may attend them in the war with the Boers, the great danger is that the Colonies will be attacked, and we may have to defend our- selves against overwhelming odds. I am sure, therefore, that that in itself is a very i \/ strong and powerful reason why those who feel interested in the welfare of the Cape, and in the welfare of the States adjoining, should continue to urge, by all possible fair and proper means, the adoption of that policy of which your Lordship has endeavoured to impress the necessity upon the different parts of South Africa. I may say that having during the past winter travelled over a great portion of the distant parts of the Cape Colony, and also through Natal and the rest of the district, I found nothing but an universal assent to the policy in the Eastern Province. I attended meetings at Port Elizabeth and Grahamstown, and elsewhere, and I found a most enthusiastic approval of the policy which your Lordship has advocated. I am sure that it must be gratifying to your Lordship to know that amongst the merchants and those who are so interested in the prosperity of the Cape in London, as well as those in the Eastern Province, and I may add in Natal, and even in the Transvaal Republic amongst the British residents, there is a decided preference for that policy, and that your views are so well supported both here and there. There can be no doubt whatever that the present is a moment when action is absolutely necessary, and that, if now taken, it may be carried out with the general assent of the population through- out the Cape, and I believe also in the Transvaal. I believe that such a course of action is not only loudly demanded, but that it would confer the greatest and most lasting benefits on the Colonies and the States adjacent. ... J. Paterson, Esq.-My Lord, I did not want to take any very active part in the proceedings of this day. I appear here rather to listen and to learn, and I do not know upon what point I can now address your Lordship with much advantage. The matter is very fully submitted to your Lordship in the Address, and if any little point has been overlooked there, I think it has been very strongly and ably enforced by my friends, Mr. Hamilton, Mr. Kiell, Mr. Blaine, and Mr. Kirkwood. It, perhaps, would not be improper if I called your Lordship's attention to the signatures to that Address. They are the signatures of all the leading merchants connected with the Cape and with South Africa, and their interest in South Africa is to be expressed not by thousands, or by tens of thousands, or even by hundreds of thousands, but by the large figure of millions; and therefore, although the number of the signatures is not very great, yet, I think, the weight of their names, and the Address itself, will have very great influence with your Lordship. In connexion with the signatures, it may not be amiss to remind your Lordship that merchants do not often interfere in politics; indeed, they never interfere, as I am sure your Lordship’s experience has taught you, unless at a time when the very foundations are beginning to give way— when the foundations on which credit, and security, and confidence, and trust rest are giving way—and when we are a long way into the region of positive calamity. Then it is that merchants move, and I am satisfied that we are in that region now, because the merchants have moved as one body and as one man, not only in London, but in Manchester, Glasgow, and Liverpool, thus evidencing their deep concern in the matter. Now, do the events justify this alarm on the part of the merchants P I am afraid they do. We have been taught with great emphasis and force a few lessons by this war, and the first lesson that I would wish to bring to the attention of your Lordship is this, that we have been taught how frail is the partition between us and enormous dangers in South Africa; and under the present condition of things in that quarter of the world, how very slender is the plank between us and the great deep of savagery and barbarism in South Africa; and that if the rent is made a little larger than it is at present some of the fairest portions of South Africa will very soon be the scenes of destruction and desolation; it is because we feel this that we are here this day. Nor is that the only lesson that the events of the war have taught us. We have found that a population such as we are in South Africa, with no political bond between us, and no other connexion but perhaps the connexion of common race or : origin, is simply a chain of communities, and not a system; and, as in every other chain, so in this chain of communities, the measure of the greatest strength of the whole is the weakness of the weakest link in that chain. No one has watched the events which have taken place in South Africa without being impressed with this fact, that in proportion as the Republic may be compelled to give way to the Zulu Chief, to that same extent the whole fabric of European prestige at the same time will give way. And when we remember the tremendous pressure of a barbarous Chief who can 9 command 40,000 men, we feel that the time has arrived when we ought to come to Her Majesty's Government and press upon your Lordship the necessity for immediate action. Then, my Lord, there is another lesson which must impress itself upon the horne mind, as well as on the Colonial mind, which has been taught us by this war, and that is the rapidity with which such a community as that of South Africa is not only disor- ganised but demoralised. We are not here to frame any indictment against our Dutch brethren in South Africa. We do not believe those who revile them as being a most inhuman, merciless, and cruel race. We know them through their representative men, and from them we know that they are no inferior people. It is not because atrocity is ingrained in their nature that the events which are now taking place in the Trans- vaal are taking place. We trace those events to the situation—we trace them to the condition of things there—we trace them to the divided state of our communities, which is a standing danger to us, and which is a constant provocative to such an outbreak as has just taken place; and it is because we believe that the Home Govern- ment can deal with that which we cannot deal with, and control the threatening savagery of barbarism, that we are here to day. And also because when the commu- nities stand around the spectacle which is witnessable in South Africa at the present time, and when each community asks itself what it can do, the confession of weakness and utter helplessness must be made by one and all, and the acknowledgment also must be forced from us that it is only Her Majesty’s Government which has now the power to step in and to do the needful thing. It is with great pleasure that from these reflections we can turn to another reflection, and that is this, that at such a time a policy of inaction or indifference has not been resolved upon by Her Majesty’s Government. We have seen with infinite pleasure that as soon as the accounts of the outbreak in the Transvaal were received here, Her Majesty’s Government at once despatched troops to the Colony. We have learned with infinite pleasure that Her Majesty’s Government has despatched a well-trusted friend of black and white in Sir Theophilus Shepstone to go out there with large powers from Her Majesty’s Government. We do not expect your Lordship to tell us what his instructions were, but the Deputation would be pleased to hear from your Lordship this day that the instructions to be carried out by him are in accordance with the policy which your Lordship initiated some two years ago. I agree with my friend Mr. Hamilton that if there is to be a taking over of the Transvaal the just susceptibilities of the people there should be fairly and fully consulted, and that if they are to be put under one supreme Legislature in South Africa by their own consent, there should still be left to them the fullest self-government in the administration of local affairs in the Transvaal. Now, my Lord, I do not know that I can press anything more upon your Lordship. No one comprehends more clearly than yourself the situation, no one realises more clearly than yourself that delay or hesitancy at such a time might be very fatal to the dearest interests of South Africa, and mischievous to many interests in the mother country as well. But before I sit down, there is one point which I would press a little upon your Lordship, and it is this, we are not here to day simply to advocate claims or rights for the European population in South Africa. We do not forget that the natives there are our own fellow-creatures too, and we press upon your Lordship that a policy which will make the Europeans strong is in the end the kindest and the most merciful towards the natives themselves. Let us by that means reduce the chances of an outbreak to a minimum. Let us make it clear to the natives that it would be almost impossible for them, with any chance of success, to fight against the Euro- pean communities, and from that time forward you have done great service to those people, such as only those who are thoroughly acquainted with South Africa can estimate. Those of us who have lived much there, of whom I am one, know what immense advances the natives in connexion with the Cape Colony have made within the last few years, from the time that they gave up the hope of success in any struggles with the European Colonists. It would be almost impossible to exaggerate the comfort of many of the people there, such as the Fingoes, to whom reference has been made. We hear of Ireland having a splendid peasantry. There is not a more splendid or industrious peasantry anywhere than is to be found in the Colonies of South Africa. Let us therefore determine that something shall be done which shall substitute strength for the weakness which exists at present, and then, I think, a great thing will have been done, not only for South Africa, but also for the British Empire itself. I know that atrocities have occurred there. I have no doubt that those atrocities came, not from the nature of the people, bu, from the situation and condition of things; 4.1410, I0 d for what is that situation P. It is a situation of weakness. If union is strength, division is weakness. We know that weakness always works through fear, and fear in action is desperation, and desperation knows no Salvation for itself but extermination, bitterness, cruelty, and wrong. If you wish to replace that order of things by another and a better order of things which will be likely to produce benefit to the Colony, to the natives as well as to the Europeans, substitute strength for that weakness; bring in union or Confederation for this state of disunion and division, and then all will have cause to rejoice even amid the terrible events which have occurred there, that they have been the breaking up of an evil order of things to be superseded by better times. My Lord, I have nothing more to add. I feel that I have been trespassing upon your Lordship's time and upon the time of the gentlemen here, in making these few observations. Your Lordship comprehends the situation. I think you well know that the time has arrived for decided action. We blame ourselves for the divisions that have unhappily existed amongst us up to the present time; but from this time forth we venture to say that we will throw the responsibility upon Her Majesty’s Govern- ment. They know the situation. At the same time, while we throw that responsibility upon the Government for doing the thing that is needful, we do not forget that that responsibility must always be accompanied with sovereign will and freedom of action. We cannot ask to put the responsibility upon Her Majesty’s Government, and then say that they shall not be allowed to act as they think fit. * With responsibility we must give to them the right of freedom of action, and that right we do accord to them, leaving the matter confidently in the good hands of Her Majesty's Government. The Earl of Carnarvon.—Gentlemen, I hope that you will not consider it a mere idle expression on my part when I say that I am very sensible of the important character of the Deputation that has done me the honour of waiting upon me to-day. I quite recognise the importance, both of the names that are attached to the memorial and of the great stake which you represent in the Colonies of South Africa, and of course any expression of opinion on your part must weigh deeply with me. I am also very sensible of the general approval which has been expressed in this room of the policy which Her Majesty's Government has thought proper to adopt in South African matters. It has been a policy not always free from difficulties, and, though it has been at times subject to some misapprehension, is, I rejoice to think, more clearly understood now, and has greater justice done to it than has been sometimes the case on former Occasions. Gentlemen, I rejoice very much that that policy has been, as one of the speakers said, fully discussed and sifted. Public discussion I always consider to be a very great advantage—an advantage to those who have the responsibility of putting a policy forward, because it throws light and gives guidance to them, and an advantage also to those who take part in the discussion, because it clears away prejudices and mis- apprehensions, and leaves all parties in a much better position to arrive at a satisfactory solution of a difficult question. I agree very fully with all that has been said of the very serious state of things at this moment in South Africa. You are all so well aware what that position is, what the people are, what the interests are which are there at stake, and what the pecu- liar and special dangers are which are there to be feared, that it would be a waste of your time if I were to enlarge upon any of those points. I can only say that I Reenly feel the extremely critical nature of the circumstances. I am quite aware of the danger that such a war as unfortunately rages between the Transvaal and the & native tribes may spread into other districts, and of the great necessity which exists for all parties combining to bring that war to as speedy an end as possible. No one, I think, can doubt that the greater the unity and combination amongst the different European communities in South Africa, the greater chance there is of extinguishing such a conflagration as that which exists and which threatens, but for prompt and vigorous measures, to spread further. I am sensible of the terms in which you have been pleased both in this Address, and in what has fallen from the 'several speakers to-day, to do justice to the warnings which I have addressed to the Govern- ment of the Transvaal State. The warning was given more than once, and with all earnestness. I deeply regret the course which has been taken. I regret it for the sake of the Transvaal Government; I regret it on account of the bloodshed which has already ensued; and I regret it on account of the great danger which must always attend to every one of those civilised communities in South Africa when such forces are brought into hostility. - - 2 *4. ! - 11 Several speakers—Mr. Paterson particularly—have done justice to the measures which Her Majesty's Government have taken so far as possible to meet the alarming state of things in South Africa. I hope that the measures which have been taken, of immediately sending an additional regiment with more than the usual equip- ments and appliances of warfare, and above all the mission of Sir Theophilus Shepstone, a man in whose vast experience, in whose conciliatory demeanour, in whose great tact and knowledge of the native character, and also in whose firmness and courage I have the greatest confidence, may produce great and happy results. Mr. Paterson, I think, said that he trusted that Sir Theophilus Shepstone would be authorised to carry out the policy which Her Majesty's Government has always approved in South African matters. Of course I need not say that Sir Theophilus Shepstone would not go out there to carry out a policy which was adverse to any views which Her Majesty’s Government have ever expressed; but I may add that in carrying out that policy I confidently hope that he will have the support of the Legislatures of all the Colonies affected, first and foremost of the Cape, secondly of Natal, and lastly of Griqualand. But, gentlemen, I think on this point it may be well that I should remind you that we have not been inactive during the past summer. Though we have arrived now at a new and an important stage in these important proceedings, a considerable contribution towards the future and larger result was made by that which was done a few months since. It was fortunately in my power to assemble within this room a conference of representatives from Natal and from Griqualand. I regret that it was impossible, from circumstances with which you are all familiar, to have the advantage of the presence at that Conference of the Prime Minister of the Cape, Mr. Molteno; he considered himself bound by his instructions from the Cape Parliament not to attend; and much as I desired to have an expression of his opinion, I was obliged to forego that advantage. On the other hand, I was enabled in that conference to arrive at certain very important results, as I consider them. The conference consisted of men well quali- fied in every way to express an opinion. Natal, Griqualand, and the Orange Free State were most adequately represented. I may mention to this Deputation that, knowing how great the local differences of opinion had been on many of those important subjects which we discussed, I was myself surprised at the singular unanimity with which we were enabled to arrive at general conclusions on many of the most important questions which concern the peace, the welfare, and general prosperity of South Africa. We were enabled (of course putting details aside) to express an acceptance of general principles of action on many questions of the highest consequence, such as the regulation of the sale of arms, such as the establishment of a common police, the sale of spirituous liquors, and other matters affecting the industrial trade and education of the natives. All these conclusions, of course, would have to be worked out in detail, i{ -- { but I consider it no slight triumph to have obtained a general concurrence of opinion on matters of such very great interest, and upon which, up to that time, views of such a conflicting nature had prevailed in South Africa. | ; I may also mention that previous to the conference I had been able to arrive at a settlement with Mr. Brand of a long and bitter controversy which had existed on the subject of Griqualand. I arranged with him a settlement of that dispute, which I trust will lay to rest all the animosities which have existed so long and interfered { ſ t ; i d with the progress of Griqualand, and promoting as it will the general welfare and prosperity of that province, may result in a good understanding conducive to the welfare of all the other provinces of South Africa. I may mention that although Mr. Molteno considered himself precluded from attending the Conference, I had the satisfaction of communicating with him personally and most freely on many subjects which are of the highest importance. I arrived at a clear understanding touching the settlement of the Griqualand difficulty; and was enabled to discuss with him other questions, and so I trust to render the solution of that important subject which you have brought before me to-day easier than it ever has been up to the present time. One of the speakers drew my attention to the fact that the delegates from the Eastern Provinces of the Cape had been unable to take any part in the discussions at that conference. It is perfectly true, and I regret that at that conference it was impossible to have the opinions of men so well qualified in every respect to be present and to assist us; but every person in this room will readily admit with me that where representative institutions have been given to a Colony like the Cape, the Minister at home must be the first person to hold himself bound by and scrupulously to respect the principles of those representative intº and therefore it was quite impossible * 2 * ~ * ! } ; ; * ; | g ! 12 (s * § ; 3' l w for him to receive a formal representation at such a conference except through the v-->“ medium of persons who had been formally accredited to him by the Colonial Parlia- ment. Whatever may be the differences which may exist within that Parliament, it is only through the voice of the majority of that Parliament that the Minister at home can receive any answer or can accept any representation. At the same time, I hope that you will also do me the justice to feel that, placed as I was in a somewhat difficult position upon this point, I was anxious that outside the conference I should not be debarred from the advantage of receiving the fullest representations that might be made to me by those gentlemen who I knew had the confidence of the Eastern T]istricts of the Cape Colony. It would be impossible to choose any men more com- petent to express the opinion of the Eastern District than Mr. Blaine and Mr. Paterson, and I rejoice to say that I have received from them, and I may particularly add from Mr. Paterson, information of the most valuable kind on many more than one single point—valuable in itself and valuable also in the sense of having been given by one so deeply interested in the Cape Colony, in which he is so distinguished a Member of Parliament. Then, I think, there was a question which was raised also by the same Speaker as to the military aid that might be given to the Colony of Natal by Her Majesty's Government. On that point I can only say that I am quite aware that Natal stands in a very peculiar and difficult position. The overwhelming preponderance within her boundaries of a great native population, and the enormous accumulation outside her boundaries of a still larger native population, many of them trained to arms and organised in the most effective manner, these things place Natal in an unusual position of difficulty—and one more peculiar than that which is occupied by any other State or Colony in South Africa. Her Majesty’s Government have, however, endea- voured to strengthen that position. One regiment has been sent out, and it would, if necessary, be a possible thing to augment that slightly by reinforcements from the neighbouring Colony of Mauritius. Therefore I think that all that Her Majesty’s Government could do in that respect has been done. I need not here point out how closely in all these native disturbances Natal and the Cape are connected, for although Natal may present a larger surface to the danger, and may perhaps be at the particular moment more likely to become involved in native hostilities, on the other hand, nothing that can happen to Natal can be a matter of indifference in the Cape, any more than that anything which happens in the Cape can be a matter of indifference to Natal. And with reference to the question of Confederation, upon which I will say a few words by and bye, and to which so much , allusion has been made to day, it is quite clear, I think, that if Natal and the Cape were brought into a Confederation, the Cape clearly would have much less cause for ? { } in some closer bond of connexion. It has indeed been so said by one of the speakers- * * * } *} ''{. iš: * ſ: ; anxiety in respect of native matters than she now has, inasmuch as she would possess a more powerful voice in the policy to be pursued. w I will only say with regard to all this, that, looking at that which has been done, and at that which exists at this moment in South Africa, we have arrived at a new position; and I agree with one or two of the speakers to-day that we stand now in a situation where a fresh departure becomes almost necessary. A good deal has been said with regard to the present position of the Transvaal Republic. Statements have reached me, and I have no doubt others in this room, of a disposition on the part of many within the Transvaal to join our English Colonists to-day; and I am quite aware that within the Transvaal there are many persons who tº are very favourable to such a union. Probably, the vast majority of the English resi- 3? § 4tion of the Dutch population also would recognise in such a union a greater security º for life and property, and for all those elements of sound government which every young , º #. * dents there would eagerly welcome some such change. I believe that a large propor- community must naturally desire to obtain. No doubt, there are inducements to the Dutch population of the Transvaal on the One hand to enter into closer bonds of alliance with the Dutch in Cape Colony and in Natal, just as there must be a readiness on the part of the Dutch population in our English Colonies to enter into closer union with the Dutch population of the Transvaal; and, therefore, I see no reason against the idea that such a union may be practicable and desirable, and may be w entered into with the hearty concurrence of all or all the principal parties concerned and interested in such a change. At the same time, I am sure you will feel that ºno precipitate action should be taken by Her Majesty's Government in this matter, and * * $ * *. “n - * f * º - ! I have great confidence in the wisdom and evenly-balanced mind of Sir Theophilus Shepstone. I have also great confidence in the measures he will take, and in the sup- *** 13 ! ort he will receive from all the constituted authorities, both from the Imperial egislature and the Governments of Natal and the Cape. At such a moment as the resent, union, as it has been truly said, is strength ; and not only amongst the # European communities of South Africa, but union as between them and the Imperial : Government at home. It is not a time for dissensions; we ought all to set aside all | differences, and to feel that there is one common interest in South Africa which both the Imperial Government and the Governments of the Colonies can best carry out } by joint and hearty action. !. There is another point which was put, and I answer it, because on an occasion like this I do not like to seem to avoid any fair question that is asked of me. Mr. Blaine asked what would be the course which Her Majesty's Government would pursue in the event of Natal and Griqualand and the Eastern Province desiring to form a Con- ; federation of themselves? My answer to that is simply this, that I hope and believe that there will be a larger Confederation; and I should greatly regret to see any portion of the South African Colonies standing apart at such a time. (Hear, hear.) I do not think that I can answer the question further at the present moment, because the contingency has not arisen. I consider that if that contingency arose it would be a serious and a very unfortunate one, and I sincerely hope it will not arise. I see no reason to believe that it will; and I can only say that if that difficulty were to present itself the whole situation and scheme of action would obviously have to be reconsidered. I desire to see the Cape Colony enter into a general system of Con- federation, and yet if, as is quite possible, the Colony should desire, in entering that Confederation, or after having entered that Confederation, to be constituted as one, or two, or three provinces, that is not an arrangement to which the Imperial Govern- ment would raise any objection, I remember in the Report of the Commission which sat at the Cape, and which went closely into this question of Confederation, there was a proposal for dividing the Cape Colony into districts of equal size. That is a proposal on which, of course, I do not express any opinion ; but at all events it was a matter which was at one time considered and discussed very fully, was viewed apparently by many at the Cape not unfavourably, and is one for the Colony to decide rather than for Her Majesty’s Government. + And now I come, in conclusion, to that question which has been raised this after- noon, and which is, perhaps, the most important of any : I mean the question whether | Her Majesty's Government is prepared to take any definite action with regard to the Confederation of the South African Colonies and States. As I said before, we do not stand in precisely the same position which we occupied when that subject was first mooted some two years ago. T venture to hope that many of the misappre- hensions which then existed, some, particularly as regards myself, have been cleared away, and that all parties, both at home and in the Colony, understand each other better now than they did at that time; that broader views prevail and that there is a disposition to discuss so important a question with the frankness and calmness which such a question demands. It has been very much discussed in the press, in meetings, and, I may add, between myself and those whom it has been my duty officially to meet. I have had the pleasure of talking with Mr. Molteno on this as well as on other South African matters, and the time now seems to have come for taking some further steps in the matter. It was my wish to give all explanations to anyone accredited by his Government to receive those explanations of the views which I entertain. Mr. Molteno's position was, however, such that it precluded him from entering fully into this question with me; but, as I have been repeatedly asked to explain at length and in detail the mode in which Her Majesty's Government would desire to see their policy of Confederation carried out, I think it will be convenient, and can give no possible cause of offence to any party in the Cape Colony or elsewhere, if I bring before the Cape Colony, through its Government, the general principles upon which it seems to me that such a Confederation might fairly and properly be carried out. In fact, looking to the very critical state of things in South Africa, I think it would be hardly right if Her Majesty's Government were any longer to be reticent on such a point, and refuse to give that information which all parties seem to me entitled now to claim. With that view I may tell the Deputation that I am at this moment considering the principles of a measure which, I hope, may carry out the views which we hold, and which may meet the general wishes of all the parties locally interested. It would; how- ever, be clearly wrong if I were to give any explanations, even to such an important Deputation as this, upon matters of detail when those explanations are justly due, in the first instance, to the Colonial Government. Every one in this room, I am sure, will go along with me on that point, and will recognise my anxiety now, as in º p L # º § p t t ; * *. 2 f; \ B 3 * 14 ‘p # truth, I may say always, to do nothing which could encroach upon the rights and liberties of the Colony, or to stint any of that consideration and the regard which the | Home Government has ever paid to the Colony and its institutions. But I may say | this, that such a measure as I am now contemplating would in its nature be essentially | a permissive one, and would be open to the spontaneous acceptance of each of the Colonies and the States of South Africa. In that Bill I desire as far as possible to provide the necessary power to confederate, giving an outline of the constitutional machinery, but leaving it as much as possible to local knowledge and experience to fill up the details of the scheme. It was my fortune to carry that most important Con- federation Act for the Dominion of Canada. Some nine or ten years ago, and I have a very lively recollection of the great advantage that it was to me to obtain on that occasion full local advice and experience in guiding me as to its details. All those details in that Act were settled by consultation and communication with the persons who were the most qualified by experience to advise me upon the subject. In the same way I should desire in this case, as far as the circumstances of the case render it prac- ticable, to obtain the fullest local advice and information that is to be had. The per- § missive measure of which I speak is such that it would be open to the Dutch States, # quite as much as to the English Colonies, to take advantage of its provisions, but at the same time I would repeat that which it is quite unnecessary to repeat, because I have so often said it both in writing and in words, that I desire not to put the slightest pressure on the Colonies and the States, and that action on their part is to be volun- tary and spontaneous. I should propose, then, to send the draft of the Bill, as soon as it is reduced into a satisfactory shape, to the Cape, to Natal, and to Griqualand West, and to invite the Governments and Legislatures of those Colonies to consider how the details left for their consideration should be filled in. I see no reason why the Cape should not invite the other two Colonies and the Dutch States to consider with them any points in that scheme which may seem to them to require concerted action. No doubt the Cape Parliament and Government have on former occasions differed from the views which I have thought it my duty to express; but, as I have said before, those differences are, I hope, in a very great measure, if not entirely, cleared up. I have no doubt in my own mind that the Cape Parliament will act in the spirit of frankness, loyalty, and calmness which I haye indicated, and will desire to arrive at a common end in which we are all so largely interested, and which it is my honest desire to advance. The importance to all of us of a frank and cordial understanding cannot be overrated on the present occasion. As I said before, I think it undesirable on such an occasion as this to enter into any details with regard to the measure which I am now considering. I have explained that it will be an entirely permissive measure, and that it willfurnish an outline, leaving it to local knowledge and experience to fill in the details as far as possible. I will only add one other remark in reference to an observation which has been made in this room, and it is this—that whilst I desire to see the Central Government and IParliament of the South African Confederation as strong as possible, and free from any of those checks and thwarting influences to which it might be exposed from rival and co-ordinate and antagonistic bodies, – whilst T desire to see this on the one hand, I also desire to see preserved as far as possible in the several States which may become members of the Confederation their individuality of character and their old traditions and customs, and to give them as large a share as possible of power and control in administration and in the expenditure of money. I do not mean to say that there may not be difficulties in adjusting the rival claims of two such bodies as a central body and a provincial body. That, no doubt, was one of the great difficulties with which we had to deal in Canada years ago. But taking all the circumstances and all the conditions into consideration, I think myself that the conditions are more favourable in South Africa than they were in Canada; and I can see for myself. mo insurmountable difficulty in striking a very fair balance, and in arriving at a settlement equitable and acceptable to all parties. I hope I have now answered all the questions which have been put to me to day. At all events I may tell this important Deputation that, so far as Her Majesty's Government are concerned, there is the deepest anxiety on our part to deal in the most efficient way with such an important problem as this which we have now submitted to us. In conclusion, I would only say that I rejoiced to hear one sentiment which fell from Mr. Paterson when he said that he trusted we should not forget our duty to the native population., Gentlemen, this is a great duty, to which I am satisfied the South African English communities are fully alive, and which, as you well know, strikes always the warmest chord of sympathy in this country. I rejoiced to hear him say \ } L5 it, because I believe, for my own part, that any Confederation or union of European communities in South Africa, if it is effected upon a sound basis, is likely to be for the interests and advantage of the native races themselves. There is always a danger where small communities have to deal with large native populations. There is much less risk of panic, there is much less risk of weakness and of the dangers which follow from weakness, when the European body is powerful and large. It knows its own strength, and the natives also know its strength. The natives, on the one hand, are not inclined to encroach upon a power which they respect, and, on the other hand, a strong Central Government, able to give full play to those senti- ments of humanity and justice which distinguish the English race in every part of the world, will be enabled to carry out a more equable and consequently a more equitable policy towards the natives than they can do where they themselves are in a state of perpetual apprehension. - - - I should think it very wrong when touching upon such a theme as this if I failed to do justice to that which I consider to be the extremely liberal and fair policy which the Cape has endeavoured for many years to follow in its relations to the native tribes. The Cape at this moment is receiving in a great measure the reward of that policy in the tranquillity of the frontier under very critical circumstances. I do not know that there is anything more that I can say upon this subject, which is one of most engrossing interest to all of us. I watch from day to day with the deepest interest the arrival of information from the Cape, and I sincerely trust that out of all the troubles and even the differences of opinion which have occurred, a satisfactory and honourable solution of this difficulty will be worked out. Mr. Hamilton.—We beg to thank your Tordship for the kindness and the courtesy with which you have received the Deputation, and also for the very full and satis- factory statements which your Lordship has made to us. The Deputation withdrew, No. 2. The EARL OF CARNARVON to Lieut.-Governor Sir H. BULWER, K.C.M.G. SIR, - Downing Street, November 14, 1876. T TRANSMIT to you herewith, for your information, six copies of a report of the proceedings which took place at this office on the 26th ultimo, when I received a deputation of gentlemen interested in the affairs of South Africa. & 2. I also annex a copy of a Despatch which I have addressed to Sir H. Barkly when forwarding to him copies of this Report. 3. T shall, of course, at the proper time, transmit for your consideration copies of the T)raft Bill therein referred to. - . . ." - 4. You are at liberty, if you think it necessary or desirable to do so, to communicate the Report of the Deputation to the Legislature or to the principal Colonial news- papers. - - I have, &c. - Tieut.-Governor Sir H. Bulwer, K.C.M.G. (Signed) CARNARVON. - No. 3. - The EARL OF CARNARWON to Gover Non SIR. H. BARK i.G.M.G., e. K.C.B. (Received December 9, 1876.) Ganwary W th. *- ---...--------~~~~~~-----" - Downing Street, December 14, 1876. IN the course of my reply to the deputation which I received here on the 26th October with reference to South African affairs, I stated that I had had under considera- tion, and hoped shortly to complete, the draft of a Bill which I proposed to submit to the Imperial Legislature for the purpose of enabling the Colonies and States desiring Confederation to unite themselves under one Government and Legislature, on terms to be decided after full discussion in South Africa. SIR, B 4 16 2. As your Government and the people of South Africa generally are no doubt anxious to learn the particular manner in which Her Majesty’s Government have decided to deal with this important question, I have thought it desirable to place in your hands, with as little delay as possible, the first draft of the Bill which it is proposed to introduce during the Session of 1877. 3. Although the Bill to which I am inviting your attention has only now assumed a definite shape, there has not, since the subject has received more particular attention, been room for much question as to the general principles on which such a measure must be framed ; and when, in consequence of the very serious condition of affairs in South Africa, I felt that the time for taking legislative action had arrived, there remained com- paratively few points as to which it was necessary to come to an immediate decision. 4. When, in your Despatch of August 30th, 1871* (a very important communi- cation, which has a remarkable bearing upon the present juncture of affairs), you called attention to the question of Confederation, and more particularly to the constitu- tional procedure necessary in the case of such a union as you showed to be even then very desirable, my predecessor in this office, after full consideration, informed you in his Despatch of the 16th November 1871,f of the decision that a Colonial Act would be insufficient to unite or confederate another Colony with the Cape, and that Imperial Legislation, whether required or not on legal and constitutional grounds, would be desirable in any case of Union or Confederation in South Africa. 5. I am fully satisfied that this conclusion is the correct one; for, even supposing that it were not absolutely necessary for the new Constitution to be created by the Imperial Parliament, I should think it not only inexpedient but improper to take a step affecting in so important a degree the interests of the Empire without the full consideration and sanction of that Parliament. 6. There being then no question that Imperial Legislation is necessary to—as indeed it may most conveniently precede—any action on the part of the South African communities in the direction of Confederation or Union, I have had, in the first instance, to determine whether the time has arrived for such legislation ; and, next, upon the particular form which it should take. 7. I have for some time past been much impressed by the arguments of those who have urged me to explain more definitely than has yet been possible the general scheme of that Confederation which I have not hesitated or ceased to recommend in the strongest terms. I had hoped that the late Conference held in London by me might afford me this opportunity; but as both President Brand and Mr. Molteno (acting on a view of their powers and instructions which I could not presume formally to question) felt themselves unable to discuss the subject, and as the very grave and critical condition of Native affairs demands that Her Majesty's Government should now neglect nothing which may conduce to the public safety, I have had no difficulty in deciding not only that the practical operation of the policy of Confederation should be at once developed, in the only complete and intelligible manner, by the publication of a draft of the proposed enabling measure, but that, unless for some strong reason, such as I cannot anticipate, the enactment of that measure should not be further delayed. 8. Having thus explained the circumstances under which I thought it right to inform the deputation that I should no longer postpone the production of the Draft Bill, I will now proceed to notice the basis upon which the measure has been framed ; and in doing so, I shall refer to some of the more important constitutional and administrative details which are comprised in it. 9. Commencing, then, with the leading principle of the measure, it will be perceived that it is one to enable some or all of the Colonies and States of South Africa, if and when they think it expedient, to associate themselves in Union under the British Crown. It is, I trust, sufficiently elastic to meet all the reasonable requirements of the case. It will serve either for the more limited purpose, in the first instance, of uniting Griqualand West to the Cape, or for the larger object of confederating at any time hereafter the whole of South Africa. In the case of Canada, the Imperial Legislation required for this purpose was not resorted to until all the details of Union had been discussed and arranged ; and it was then passed by Parliament as a completed measure. * Parliamentary Paper [C, 508], page 10, f Ibid., page 13. 17 - I have however explained that, both in order to remove doubts existing in South Africa as to the nature of the Confederation or Union which could be sanctioned by this Government and Parliament, and more especially in order to prevent that possibly disastrous delay which must necessarily result from the antecedent consideration of all details, I have thought it preferable in the present case that the Imperial Parliament should at once be asked to give the necessary powers, leaving the outline to be filled in by Her Majesty’s Orders in Council after the views and wishes of the communities concerned had been ascertained. 10. This procedure is in analogy to that followed when a Constitution was conferred upon the now great and important Colony of Queensland. In that case, the general power to erect the territory at any time into a separate Colony having been previously given to the Crown by Imperial Acts,” the Order in Council establishing the Constitu- tion, and providing for all necessary details, was issued when the proper time was deemed to have arrived, and when all points had been maturely considered. t 11. You will observe, accordingly, that in this Draft Bill it is proposed to provide only for those main principles and broad outlines for which Imperial Legislation is necessary, and to leave to Her Majesty’s Proclamation or Orders in Council the settle- ment of all matters as to which it is desirable that local opinions and requirements should be considered, and I need not say that any resolutions of the local Legislatures will be followed as closely as possible. 12. By adopting this form of procedure I have been able to reserve for consideration and discussion in South Africa all those questions as to which it has been felt that the initiation should proceed from the spot ; and I trust that the people of the Cape Colony, no less than those of Natal, Griqualand West, and the Dutch Republics, will, on a perusal of this measure, recognize the care which I have throughout scrupulously taken to avoid prejudging any question which could constitutionally and properly be reserved for them. 13. It has been my duty to bear in mind the many different expressions of opinion which I have received from various quarters on such questions. There has been, in the first place, a strong feeling that South Africa, and not England, is the place where many at least of the terms of Union should be considered. I have fully explained how I have met this requirement. I have, in the next place, had special regard to the opinions expressed on behalf of your Government by Mr. Molteno, from time to time, and more particularly during his visit to this country. These opinions I may summarise briefly by saying that Mr. Molteno, while not unfavourable to the principle of Confederation, repeated the wish that it should be reserved to the Cape Government and Legislature to decide as to the time at which, and the conditions under which, that Colony should enter any Confederation; and he further expressed his opinion that the Union should take the form of an Incorporation under one Legislature rather than an association of several co-ordinate Legislatures. As the Bill will be found to be so framed as to satisf and include these views, if they should meet with a general acceptance on the spot, I feel justified in the confident trust that it will be favourably received by your Govern- ment. 14. Beyond a general expression of opinion on the part of the Legislature of Natal in favour of Union or Confederation, I have not yet had any distinct indication of the particular views of that Colony; and, therefore, with the observation that the require- ments of Natal will apparently be fully met by the large reservation of subjects for local consideration which the Bill contains, I may pass to the case of Griqualand West, which presents some special features demanding careful attention. 15. The correspondence which I have lately transmitted to you has explained that, after full communication with me, Mr. Molteno expressed, on the part of the Cape Government, their readiness to take measures for the incorporation of Griqualand West with the Cape. With regard, however, to the form and manner of such incorpora- tion, I had received strong representations from the people of the Province, which I have, of course, kept in view during the preparation of this measure. They urged, in effect, that Griqualand West should not be subordinated to the Cape Colony as at present constituted, though they had no objection to Confederation. Now, while I am bound to say that no explicit reason was assigned for this request, *==== * 5 & 6 Vict. c. 76. s. 51, and 13 & 14 Vict. c. 59, s. 34. 4.1410. C I8 and that it is one to which I could not, in all circumstances, deem myself under an absolute obligation to accede (believing, as I do, that the Cape Government would be fully able and willing to provide for all the reasonable claims and requirements of the i Province), I am glad to have been able to satisfy myself that, under the machinery } provided by the Bill, there need be no difficulty in admitting Griqualand West into the i Union as a separate Province, by which course I apprehend that the views both of your advisers, as expressed to me by Mr. Molteno, and of the memorialists in the Province, will be adequately met. - o & ~~ 16. Finally, I have been under the, necessity of dealing with the somewhat difficult and delicate question of the possible admission into the Union of one or both of the Free tates. I have never lost an opportunity of expressing my firm belief that the renewal of a close connexion with this country would be greatly to the advantage of all parties. I have also given what I am glad to find has been readily accepted as substantial evidence of my determination to deal justly with those States, and to respect to the utmost their feelings and interests. I am therefore entitled to feel confident that there will be no misapprehension as to the course now taken in enabling them, should they so desire, to unite with the British Colonies. Indeed, after all that has passed, I could not, with any courtesy or consistency, have omitted to give them the same free option in the matter which is afforded to the British Colonies. * - 17. President Brand, in his correspondence declining to confer with me respecting Confederation, of which you have received a copy, laid stress upon the terms of the resolution of his Volksraad which declared that the Orange Free State could not take part in a negotiation with respect to a Confederation of the Colonies and States of South Africa, by which the independence of that State could be endangered. These words, as I indicated at the time, are capable of more than one construction. If it should ultimately prove to be the opinion of the Orange Free State that the balance of advantage is on the side of continued political dissociation from the South African Colonies, that is a decision which, however much I may question its wisdom, I shall accept and respect. If, on the other hand, whether from a desire to participate in the proceeds of the customs duties (as to which I have had some correspondence with President Brand), or for other and weightier reasons, the Free State should at any time desire to enter the Union, it will be easy for it to do so, under the provisions of this Bill, without abandoning the leading characteristics of its individuality as a State, and without changing those local institutions and customs to which the people are naturally attached. The same observations, of course, would apply generally to the Transvaal Republic, though in the present lamentable condition of affairs in that State it may be as well that I should not, at this moment, enter into any more detailed con- sideration of its circumstances and prospects. - 18. This being, then, the spirit in which the measure has been conceived, I will notice briefly those of its provisions which appear most to require explanation. As shown by the preamble, the Bill is one to enable the Queen to unite together any two or more of the South African Colonies and States, after certain details have been considered on the spot; and as, therefore, it puts no compulsion on any Legislature, and leaves for local discussion those points which the Imperial Parliament should not be called upon to decide arbitrarily, it is not a matter of necessity that I should receive any formal expression of concurrence before the Bill is brought in. There will, however, before it passes through its final stages, be time for me to consider, as, of course, I shall do very carefully, any representations that may be made to me. - 19. With regard to a question which has been, and no doubt will be, much discussed, the provincial sub-division of the Union, it will be perceived that clause 6 of the Bill makes no definite provision. This is a matter which much obviously be decided with regard, in the first place, to the particular Colonies or States joining the Union, and I am clearly not in a position to ask Parliament to declare that, in the event of any particular Colony or State joining the Union, it shall either constitute a single province or shall be divided into any stated number of provinces. ... • 20. In order, however, to explain to those concerned what might be the general operation of the measure, I have attempted to define in clauses 51–53, on the principle of the “British North America Act, 1867,” the fields of legislation which should be assigned to the Union Parliament and to the Provincial Councils respectively; but, in order also to afford opportunity for any alteration of these limits which practical expe- rience may suggest, I have expressly provided in clause 55 that the distribution of | 9 ! legislative power laid down in the preceding clauses may be varied by the Queen's Order in Council, if those principally concerned should so desire. 21. I have similarly abstained altogether • from attempting to define the numbers qualifications, mode of appointment, and election of the members of the Legislative Council and Assembly of the Union, or of the members of the Provincial Councils. These again are questions of local detail and feeling as to which I shall desire to learn the views of those immediately concerned before advising the Queen to make specific provision in her Proclamation or Order in Council. º - 22. The question of the franchise is in South Africa one of special difficulty, in con- sequence of the existence of an overwhelmingly large native population, in many cases in some stage of a low civilization, to whom it would be obviously impossible to concede the same electoral rights as are suitable in the case of persons of European extraction, while, on the other hand, all reasonable men will, I hope, agree with me in thinking that a native who has qualified himself by education and successful industry should not be excluded from all voice in the administration of affairs. The whole subject is, in fact, one of serious difficulty, as to which I shall be glad to learn the opinions of those familiar with its conditions; but I may state that, as at present advised, I am disposed to think that, for a time at all events, and until the civilization of the natives throughout South Africa has made considerable progress, it will be desirable that they should not be directly represented in the Legislative Assembly of the Union, while, on the other hand, they might in certain cases be allowed to vote in the election of member of Provincial Councils. An arrangement such as this would seem to meet the different circumstancés of different countries: in Natal, for example, it would probably not be possible, except under certain carefully framed restrictions and con- ditions, at present to admit any of the natives even to the provincial franchise, while there are districts of the Cape in which some of them are already fully qualified for this privilege. It will be a further question, which I would commend to serious consideration, whether in the appointment of members of the Legislative Council a certain number of seats should not be assigned to persons to be selected with special reference to their knowledge of native feelings and requirements, so as indirectly to secure an advocacy and representation of native interests in the general Legislature. 23. The financial arrangements connected with Union will demand very careful settle- ment. I have, in the 56th and following clauses of the Bill, attempted, in analogy with the course followed in the case of Canada, to provide beforehand for the principal questions that are likely to present themselves. It will remain for consideration, under these clauses, what proportion (if any) of the debt of a Colony or State joining the Union shall be assumed by the general Legislature, and what proportion (if any) of the general revenues shall be assigned to the Provinces for expenditure by the Provincial Councils. These, like many other details of the scheme, will require to be accurately determined before the Queen can be advised to issue her Proclamation establishing the Union, but the consideration of them need not delay the passing of this Bill. 24. There are, perhaps, other points as to which further explanations may be needed, and I shall be ready to give them whenever desired to do so, but the Bill in a great degree explains itself, and I prefer on the present occasion to deal only with its leading principles. I propose, as I have stated, to introduce the measure early in next Session, and it will be of advantage to me to receive as, soon as possible any representations respecting it which the several Governments and Legislatures, or others interested, may desire to make. For this purpose it will be necessary that the Bill, with this explanatory Despatch, should be published at an early date, and I can have no appre- hension that in requesting you to give it early publicity I shall be considered to be wanting in consideration to your advisers, inasmuch as I have had regard to their formally expressed wishes in framing the measure, and, moreover, it would of course soon become public in some or all of the other Colonies and States. - 25. I request you also to send copies, which I enclose for this purpose, to the Administrator of Griqualand West, and to the Presidents of the Orange Free State, and of the Transvaal Republic. I have sent copies to the Lieutenant-Governor of Natal. In addition to any observations which I may receive through you from your advisers, the Cape Parliament, or any other persons or authorities whose views you may have to bring under my consideration, I particularly desire to receive your own com- ments on the Draft Bill, the . being one which has had your attention from the time of your first assuming t * e Government. C 2 20 26. I have only to add, in conclusion, that while I hope that the British Colonies, at all events, will find in this measure a convenient means of coming into Union at an early date, I feel confident that all parties will acknowledge that in the step which Her Majesty’s Government have now decided upon taking there has been, first, an anxiety to leave no reasonable expedient untried to meet the serious, and I might even say threatening, condition of Native affairs in South Africa, and next, a sincere desire to consider to the utmost the feelings, and wishes which have been from time to time expressed, from whatever quarter, on this most important subject. p * I have, &c. , (Signed) CARNARVON. Governor Sir H. Barkly, G.C.M.G., K.C.B. - Enclosure in No. 3. DRAFT of a BILL for the Union under one Government of such of the South African Colonies and States as may agree thereto, and for the Government of such Union ; and for purposes connected therewith. | WHEREAs proposals have been made for uniting under one Government under the Crown of the United Kingdom of Great Britain and Ireland those colonies and states of South Africa which may voluntarily elect to enter into such Union: And whereas such Union would conduce to the welfare of the said colonies and states and promote the interests of the British Empire, and it is expedient to make provision for any two or more of the said colonies or states to unite at such time as may be found convenient : And whereas it is expedient, to declare and define the general principles on which the constitution of the legislative authority and of the Executive Government in the Union may be established, and to enable the details of the said constitution and of the administrative establishments thereunder to be provided for after the wishes and opinions of the said colonies and states with respect to such details have been duly represented to Her Majesty through their respective Legislatures: Be it therefore enacted and declared by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same, as follows: •- - T.—PRELIMINARY. Short title. | 1. This Act may be cited as The South Africa Act, 18 Application 2. The provisions of this Act referring to Her Majesty the Queen extend also to the of provisions heirs and successors of Her Majesty, Kings and Queens of the United Kingdom of referring to Great Britain and Ireland. the Queen. - II.-UNION, Declaration 3. It shall.be lawful for the Queen, by and with the advice of Her Majesty’s most of union and honourable Privy Council, to declare by Proclamation that, on and after a day pººr therein appointed, any two or more of the colonies or states of South Africa which ...” may so agree shall be joined or confederated together in Union under one general Government and Legislature, with such name and designation as to Her Majesty may seem fit; and on and after that day the said general Government and Legis- lature of the Union shall have full power and effect within the said colonies, or colonies and states which shall have so agreed. & It shall be lawful for the Queen, by and with the advice of Her Majesty’s Privy Council, by any subsequent Proclamation or Order in Council issued before the first assembling of the Union Parliament, to alter or amend the said Proclamation, or to provide for any matters or things referred to in this Act and not provided for in the said Proclamation; but no such Proclamation or Order in Council shall be issued after the first assembling of the Union Parliament. - | In any such Proclamation or Order in Council as aforesaid the Queen may make provision for all or any of the matters as to which she is by this Act empowered to give directions, as well as for any other matters necessary to the due establishment of the Dominion, and before making such provision shall have regard to any repre- A . & 2] sentations that may be made to Her Majesty by or by the authority of the Legis- lature of any state or colony concerned, or by any committee or other body duly appointed by any two or more of the said Legislatures jointly to consider the sub- |jects mentioned in this Act. - 4. In the event of the admission into the Union of the Orange Free State or the South African Republic, otherwise called the Transvaal Republic, all persons at the time resident in and enjoying the rights of citizenship within the said State and Re- public respectively, and not being already British subjects, shall be and they are hereby declared to be thenceforth ipso facto naturalised subjects of the Queen. 5. The subsequent provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the day appointed in the Queen's Proclamation for the Union taking effect; and in the same provisions, unless it is otherwise expressed OK? implied, the words “the Union * shall be taken to mean the Union of South African colonies or colonies and states provided for by this Act. 6. The Union shall be divided into such provinces, with such names and boundaries, as the Queen shall by any Proclamation or Order in Council issued in pursuance of section three of this Act declare and define. f $. ». ; º & $ º III.-EXECUTIVE POWER. | 7. The Executive Government and Authority ! declared to be vested in the Queen, and may be exercised i by the Governor General. - - * * 8. The provisions of this Act referring to the Governor General extend and apply to the Governor General for the time being of the Union, or other the Chief Execu- tive Officer or Administrator for the time being carrying on the Government of the Union on behalf and in the name of the Queen, by whatever title he is designated. of and over the Union is hereby ºn tº mºiºi 9. There shall be a Great Seal for the Union, of such device as Her Majesty may approve. | 10. There shall be a goungilio aid and advise in the government of the Union, to be styled the Privy Council of the Union; and the persons who are to be mem- : | bers of that council shall be from time to time chosen and summoned by the Governor . . .-------- ******- f g & T g * ~ *-- ~~~~ *s, * > - *- * & * * * - - - - - 'e * ~ *~, . - General and sworn in as privy councillors, and may be from time to time removed by the Governor General. ºf II. All powers, authorities, and functions which are at the Union lawfully vested in or exerciseable by the respective Governor, Lieutenant-Governor, President, or Administrator of a colony or state, with the advice, Or with the advice and con- sent, of the Executive Council or other administrative body thereof, or in conjunction with such council or body, or with any number of members thereof, or by the said Governor, Lieutenant-Governor, Administrator, or, President individually, shall (as far as the same continue in existence and capable of being exercised after the admission of such colony or state into the Union), in relation to the Government of the Union, be vested in and exerciseable by the Governor General, with the advice, or with the advice and consent of, or in conjunction with the Privy Council of the Union, or any members thereof, or by the Governor General individually, as, the case requires, subject nevertheless to be abolished or altered by the Union Parlia- ment. w 12. The provisions of this Act referring to “the Governor General in Council ’’ shall be construed as referring to the Governor General acting by and with the advice of the Privy Council of the Union, and where º the Governor General ” alone is mentioned the provision shall be construed as referring to the Governor General acting on his own discretion and without such advice. g • * ? & sº, 13. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorise the Governor General from time to time to appoint any person or any persons jointly or severally to be his deputy, or deputies within any part or parts of the Union, and in that capacity to exercise during the pleasure of the Governor General such of the powers, authorities, and functions of the Governor General as he may deem it necessary or expedient to assign to him or them, subject to any limitations or Naturalisa- tion of sub- jects of the Orange Free State and Transvaal. Republic or Union. Construction of subsequent provisions of Act. Provinces . . . . is . . As 28 º'ew ºth bºast, (***) Declaration of executive power in the Queen. Application of provisions referring to Governor General. Constitution of Privy Council of the Union. All powers under Acts to be exercised by Governor General with advice of Privy Coun- . cil, or alone. Application of provisions referring to Governor General in Council. Power to - Her Majesty to authorise Governor General to appoint de- putież. C 3 22 directions expressed or given by the Queen; but the appointment of such a deputy or deputies shall not affect the exercise by the Governor General himself of any power, authority, or function. - - º: d 14. The command-in-chief of the land and naval militia, and of all naval and im bevested in the military forces, of and in the Union, is hereby declared to be vested in the Queen. Queen. w # : Seat of Go- | 15. The seat of Government of the Union shall be such place as Her Majesty vernment. shall from time to time by Proclamation direct. - e IV.-LEGISLATIVE Powº R. ture for the Union (in this Act called “the ..' . . . . . . . . * *::- wº **** ; Union Parliament”), consisting of the Queen, an Up ºn 16. There shall be one general Legisla O - 8,I’ 18,- ... ºrºzººsa.s.º.º. - per House styled the Legislative ment. º & *::::::-Kº # Council, and the House of Assembly. - .." - Privileges, 17. The privileges, immunities, and powers to be held, enjoyed, and exercised by &c.offiouses, the Legislative Council and by the House of Assembly and by the members thereof * respectively shall be such as are from time to time defined by Act of the Union Parliament, but so that the same shall never exceed those for the time being held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom. of Great Britain and Ireland and by the members thereof. - . º º 18. The Union Parliament shall be called together not later than twelve months . º *i after the Union. . . - Yearly ses- ; 19. There shall be a session of the Union Parliament once at least in every ion of the year, so that twelve months shall not intervene between the last sitting of the * † Parliament in one session and its first sitting in the next session. \/ . ". . . . . . . ." º Č . . . gº & & tº sº. -- The Legislative Council. Number and f O, TH * tº " . . . - e on vricº tº : .* • . . * * . The Legislative Council shall, subject to the provisions of this Act, consist COnStitution 2 O The legislative.99gngil 3 . bj p - 5 ... of such number of members, representing such divisions ºf the Union, and being Council. Sºso qualified and appointed (for such term as the Queen, (by any Proclamation or Order in Council issued in pursuance of section three of this Act, may direct, having regard to the relative numbers of the population in each such division. : --------- Summons ºf 21. The Governor General shall from time to time, in the Queen's name, by instru- †. ment inder the Great Seal of the Union, summon qualified persons to the Legislative “” Council; and, subject to the provisions of this Act, every person "sp summoned shall become and be a member of the Legislative Council.) Resignation 22. A member of the Legislative Council may, by writing under his hand addressed *P* \, to the Governor General, resign his place in the Council, and thereupon the same shall be vacant. - . - - - Disqualifi- 23. The place of a member of the Legislative Council shall become vacant in cation. any of the following cases: - . g º - - (1.) If for two consecutive sessions of the Parliament he fails to give his attend- ance in the Council: * - - (2.) If he takes an oath or makes a declaration or acknowledgment of allegiance, r obedience, or adherence to a foreign power, or does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a foreign power: e • . * , . (3.) If he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter: (4.) If he is attainted of treason or convicted of felony or of any infamous crime : (5.) If he ceases to be qualified in respect of property or of residence; provided, that he shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the seat of the Government of the Union while holding an office under that Government requiring . . . his presence there. tº . . - - : Summons on X (24. When a vacancy happens in the Legislative Council by resignation, death, or vacancy. otherwise, the Governor General shall by summons to a fit and qualified person fill the vacancy. . 23 25. If any question arises respecting the qualification of a member of the Legislative Council or a vacancy in the said Council the same shall be heard and determined by the said Council. . - X | Seal of the Union appoint a member of the Legislative Council to be Speaker ! thereof, and may remove him and appoint another in his stead. Z - ... " - Y (27. Questions arising in the Legislative Council shall be decided by a majority of voices, and the Speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. - --- - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . **** The House of Assembly. X. | 28. The House of Assembly shall, subject to the provisions of this Act, consist of elected members, representing in fair proportions the various provinces of the fúnion, and the number of such members shall be regulated as follows; that is to l say, there shall be assigned to each province a number of members bearing the same | proportion to the whole number of the House of Assembly as the population of the of the population of the Union: In the computation of the number of members requisite for entitling the province to a member under the above proportion shall be equivalent to the whole number.) 29. The Governor General shall from time to time, in the Queen's name, by instru- ment under the Great Seal of the Union, summon and call together the House of Assembly. - - . . * , « . 30. A member of the Legislative Council shall not be capable of being elected or of sitting or voting as a member of the House of Assembly. * V x - 31. Until the Union Parliament otherwise provides, the provinces shall, for the purposes of the election of members to serve in the House of Assembly, be divided into such electoral districts returning such number of members respectively, and the electors and members shall have such qualifications, and the elections shall be conducted according to such rules and regulations, as the Queen by any Procla- 26. The Governor General may from time to time by instrument under the Great for a province a fractional part not exceeding one half of the whole number : disregarded; but a fractional part exceeding one half of that number shall be Questions as to qualifica- tions and vacancies. Appoint- ment of Speaker. Voting in Legislative Council. Constitution of House of Assembly. # ſº at the last census) bears to the whole number (so ascertained) summoning of House of Assembly. Senators not to sit in House of Assembly. Electoral districts of the Provinces. mation or Order in Council, issued in pursuance of section three of this Act, may . direct.). * 32. The House of Assembly on its first assembling after a general election shall proceed with all practicable speed to elect one of its members to be Speaker. / 33. In case of a vacancy happening in the office of Speaker by death, resignation, or otherwise, the House of Assembly shall with all practicable speed proceed to elect another of its members to be Speaker. s 34. The Speaker shall preside at all meetings of the House of Assembly. 35. Until the Union Parliament otherwise provides, in case of the absence for any reason of the Speaker from the chair of the House of Assembly for a period of forty-eight consecutive hours, the House may elect another of its members to act as Speaker, and the member so elected shall during the continuance of such absence of the Speaker have and execute all the powers, privileges, and duties of Speaker. * . | 36. Questions arising in the House of Assembly shall be decided by a majority of ; voices other than that of the Speaker, and when the voices are equal, but not otherwise, the Speaker shall have a vote. w \. 37. Every House of Assembly shall continue for five years from the day of the return of the writs for choosing the House (subject to be sooner dissolved by the Governor General), and no longer. • r y ey % 38. A census of the Union shall be taken ten years after the first meeting of the Union Parliament, and at the end of each subsequent period of ten years, and on the completion of every such decennial census, the representation of the provinces º shall be re-adjusted by such authority, in such manner, and from such times as the -- C 4 * As to election of Speaker of House of Assembly. As to filling -up vacancy in office of Speaker. Speaker to preside. Provision in case of absence of Speaker. Voting in IHouse of Assembly. Duration of House of Assembly. Decennial re-adjust- ment of re- presentation. 24. Union Parliament from time to time provides, subject and according to the following rules: +” . (1.) On any such re-adjustment the number of members for a province shall not be reduced unless the proportion which the number of the population of the province bore to the number of the aggregate population of the Union at the then last preceding re-adjustment of the number of members for the province is ascertained at the then latest census to be diminished by one twentieth part or upwards: (2.) Such re-adjustment shall not take effect until the termination of the then existing Parliament. Increase of 39. The number of members of the House of Assembly may be from time to #. º time increased by the Union Parliament, provided that the proportionate represen- ... tation of the provinces prescribed by this Act is not thereby disturbed. Assembly. Money Votes, Royal Assent. Appropria- 40. Bills for appropriating any part of the public revenue, or for imposing any #. and T*) tax or impost, shall originate in the House of Assembly. 111S. \/ Recommen. 41. It shall not be lawful for the House of Assembly to adopt or pass any vote, dation of resolution, address, or Bill for the appropriation of any part of the public revenue, or money votes of any tax or impost, to any purpose that has not been first recommended to that TIouse by message of the Governor General in the session in which such vote, resolution, address, or Bill is proposed. Royal Assent . ." .. 42. Where a Bill' passed by the Houses of the Parliament is presented to the Governor General for the Queen’s Assent, he shall declare, according to his discretion, but subject to the provisions of this Act and to Her Majesty’s instructions, either that he assents thereto in the Queen’s name, or that he withholds the Queen’s assent, or that he reserves the Bill for the signification of the Queen’s pleasure. tº , 43. Where the Governor General assents to a Bill in the Queen's name, he shall, §..." by the first convenient opportunity, send an authentic copy of the Act to one of Her Act assented Majesty’s Principal Secretaries of State, and if the Queen in Council, within two years to by Gover- after receipt thereof by the Secretary of State thinks fit to disallow the Act, such * General disallowance (with a certificate of the Secretary of State of the day on which the Act was received by him) being signified by the Governor General, by speech or message to each of the Houses of the Parliament or by proclamation, shall annul the Act from and after the day of such signification. Signification 44. A Bill reserved for the signification of the Queen's pleasure shall not have any of Queen's force unless and until, within two years from the day on which it was presented to ºr intº the Governor General for the Queen's Assent, the Governor General signifies, by ``" speech or message to each of the Houses of the Parliament or by proclamation, that it has received the assent of the Queen in Council. * An entry of every such speech, message, or proclamation shall be made in the Journal of each House, and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the records of the Union. *…" W.—PROVINCIAL GOVERNMENT. Awment 45. For each province there shall be an officer, styled the President, who shall be of Presidents appointed by, and shall hold office during the pleasure of, the Queen. - of provinces ſº o © * salaries of 46. Until altered by Act of the Union Parliament, the salaries of the Presidents Presidents, shall be such as the Queen may prescribe by any Proclamation or Order in Council issued in pursuance of section three of this Act. 47. Every President shall, before assuming the duties of his office, make and subscribe before the Governor General, or some person authorised by him, oaths of allegiance and office similar to those taken by the Governor General. Oaths, &c. of Presidents. Application 48. The provisions of this Act referring to the President extend and apply to the of provisions President for the time being of each province, or other the Chief Executive Officer ; * or Administrator for the time being carrying on the Government of the province, by * whatever title he is designated. - 25 49. The Governor General in Council may from time to time appoint a Vice- President to execute the office and functions of President during his absence, illness, or other inability. f *: * Provincial Councils. 5O. There shall be a council for each province elected annually and consisting of the President and of such number of councillors as the Queen by any Proclamation or Order in Council, issued in pursuance of section three of this Act, may direct. 51. Until the council of the province otherwise provides, the qualification of the members of each provincial council, and of electors of members, shall be such as are now in force in respect of elections to the Legislative Assembly, or where there is no Legislative Assembly the Legislative Body, of the colony or state whereof such province at the time of union forms part. g J WI.—DISTRIBUTION OF DEGISLATIVE POWERS. A Powers of the Parliament. 52. It shall be lawful for the Queen, by and with the advice and consent of the Legislative Council and House of Assembly, to make laws for the peace, order, and good government of the Union, in relation to all matters not coming within the classes of subjects by this Act assigned to the councils of the provinces; and for greater certainty it is hereby declared that (notwithstanding anything in this Act) the legis- lative authority of the Union Parliament extends to all matters coming within the classes of subjects next herein-after enumerated ; that is to say, 1. 10. 11. 12. 13. 14. 30. 31 i The qualification of electors and members of the House of Assembly. The public debt and property. The regulation of trade and commerce. The raising of money by any mode or system of taxation. The borrowing of money on the public credit. - Postal service. - - - The census and statistics. - - Militia, military and naval service, and defence, saving all matters and things relating to the troops, ships, property, and prerogatives of the Crown. o The fixing of and providing for the salaries and allowances of civil and other officers of the Government of the Union. - Beacons, buoys, lighthouses. Navigation and shipping. Quarantine and the establishment and maintenance of marine hospitals. Tisheries. w Bridges or ferries between a province and a foreign state or between two provinces. e - . Currency and coinage. 16. . Savings banks. I8. 19. 20. 21. 22. Banking, incorporation of banks, and the issue of paper money. Weights and measures. IBills of exchange and promissory notes. Interest. Legal tender. Bankruptcy and insolvency. . Patents of invention and discovery. 24. 26. 27. 29. Copyrights. Native affairs. Naturalization and aliens. Marriage and divorce. The criminal law. - The establishment, maintenance, and management of gaols, hospitals, asylums and other public institutions for the use of the Dominion generally. 5 Such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by this Act assigned exclusively to the councils of the provinces. 4. Such other subjects herein assigned to the councils of the provinces as the council of any province may by law declare to be within the competency of the Union Parliament in respect of such province. 4.1410. T) Administra- tion in ab- sence, &c. of Presidents. Council for each pro- vince. Legislative authority of Parliament. 26. • Evelusive Powers of Provincial Councils. - - subject of 53. In each province the Council may exclusively make laws in relation to ... matters coming within the classes of subjects next herein-after enumerated, and not º V} ]] (21 & Q • * * - - t º * ſº ... included among the subjects herein-before assigned to the Union Parliament; that is ‘. to Say, º - 1. The qualification of electors and members of the provincial council. 2. Direct taxation within the province in order to the raising of a revenue for provincial purposes. J - . 3. The borrowing of money on the sole credit of the province. * . 4. The establishment and tenure of provincial offices and the appointment and payment of provincial officers. . . . . . . 5. The management and sale of the public lands belonging to the province, and of the timber and wood thereOn. . . Education. w - r The establishment, maintenance, and management of public and reformatory. prisons in and for the province. * . - The establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary institutions in and for the province other than marine hospitals. - * . - - - - 9. Municipal institutions in the province. - 10. Licenses for trading and other purposes in Order to the raising of a revenue for provincial, local, or municipal purposes. . 11. Local works and undertakings other than such as are of the following classes: a. Lines of steam or other ships, railways, canals, telegraphs, and other works and undertakings connecting the province with any other for others of the provinces, or extending beyond the limits of the province: b. Lines of steamships between the province and any British or foreign country: ." * e c. Such works as, although wholly situate within the province, are before or after their execution declared by the Union Parliament to be for the general advantage of the Union or for the advantage of two or more of the provinces. g 12. The incorporation of companies with provincial objects. 13. The solemnization of marriage in the province. 14. Property and civil rights in the province. . - . . . 15. The administration of justice in the province, including the constitution, main- tenance, and organisation of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts. - 16. The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section. * 17. The registration of titles to land. N 18. Generally all matters of a merely local or private nature in the province. Concurrent 54. In each province the Council may make laws in relation to immigration into powers of the province; and it is hereby declared that the Union Parliament may from time º to time make laws in relation to immigration into all or any of the provinces; and imºn. any law of a provincial council relative to immigration shall have effect in and for the - province as long and as far only as it is not repugnant to any Act of the Union Parliament. - - 55. The distribution of legislative powers between the Union Parliament and the councils of the provinces provided in the three last preceding sections of this Act may be varied by any Proclamation or Order in Council issued in pursuance of section three of this Act, and nothing in this Act shall be deemed to affect or limit in any way the power of the Queen, with the advice and consent of the Lords Spiritual and Temporai, and the Commons, of the United Kingdom of Great Britain and Ireland, to make any law relating to the Union. t & • * Allowance or; 56. Every law made by a provincial Council shall be forthwith transmitted to the jº ; Governor General, who shall according to his discretion allow or disallow the same. 3.WS VII.-REVENUES; DEBTs; ASSETs; TAXATION. 3. , 57. All duties and revenues lawfully raised within the Union, except such portions - .." *thereof as are by this Act reserved to the respective Councils of the provinces, or Fund. 27 | are raised by them in accordance with the special powers conferred on them by this | Act, shall form one Consolidated Revenue Fund, to be appropriated for the public service of the Union in the manner and subject to the charges in this Act provided. ( 58. The Consolidated Revenue Fund of the Union shall be permanently charged with the costs, charges, and expenses incident to the collection, management, and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordered by the Governor General in Council until the Parliament otherwise provides. + * . . . 59. The annual interest of the public debts of each colony or state joining the Union shall, so far as they are in this Act declared to be a charge upon the Union, form the second charge on the Consolidated Revenue Fund of the Union. - 60. Unless altered by Act of the Union Parliament, the salary of the Governor General shall be ten thousand pounds sterling money of the United Kingdom of - - - - - - payable out of the Consolidated Revenue Fund of the General V. 61. subject to the several payments by this Act charged on the Consolidated Great Britain and Ireland, Union, and the same shall form the third charge thereon. Tevenue Fund of the Union, the same shall for the public service. After due provision be appropriated by the Union Parliament has been made for the public service of the Dominion, any f \,; Expenses of collection, &c. . . Interest of provincial public debts. Salary of Governor Appropria- tion of re- VēIll]6. surplus of the consolidated revenue of the Union which may in any year be so appro- priated by the Parliament, shall be divided among the provinces in proportion to the amount of customs duty levied during the last preceding financial year on imported goods consumed in each province, and shall be applicable in the first instance to the payment of the principal and interest of any public debt of such province. 62. All stocks, cash, banker's balances, and securities for money belonging to each province at the time of the Union, except as in this Act mentioned, shall be the property of the Union, and shall be taken in reduction of the amount of the respective debts of the provinces at the Union. . . . . - 63. The public works and property of each province, enumerated in the Schedule to this Act, shall be the property of the Union. . . . . . . . . 64. All lands, mines, minerals, and royalties belonging to the several states, colonies, or province at the Union, and all sums then due or payable for such lands, mines, minerals, or royalties, shall belong to the several provinces in which the same Transfer of stocks, &c. Transfer Öf property in schedule. , Property in lands, mines, &c. are situate or arise, subject to any trusts existing in respect thereof, and to any interest other than that of the province in the same.) 65. All assets connected with such portions of the public debt of each province as are assumed by that province shall belong to that province.) - 66. The Union shall be liable for so much of the public debt of each province existing at the Union as the Queen by any Order in Council issued in pursuance of section three of this Act may declare, and the said provincial debts may, by Act of the Union Parliament, be consolidated into One stock. . . . 67. The several provinces shall retain all their respective public property not otherwise disposed of in this Act, subject to the right of the Union to assume any lands or public property required for fortifications or for the defence of the country. º 68. No lands or property belonging to the Union or any province shall be liable to taxation. . . '69. All payments to be made under this Act, or in discharge of liabilities created under any law of the colonies, states, or province respectively, and assumed by the union, shall, until the Union Parliament otherwise enacts, be made in such form and manner as may from time to time be ordered by the Governor General in Council. 7O. All articles of the growth, produce, or manufacture of any one of the provinces shall, from and after the Union, be admitted free into each of the other provinces. 71. All duties and revenues raised or received by the respective Governments or Councils of the provinces in accordance with the special powers conferred upon them by this Act, shall in each province form one Consolidated Revenue Fund to be appropriated for the public service of the province. . . . . - - ID 2 Assets con- nected with provincial debts, The Union to be liable to provincial debts. Provincial public pro- perty. Exemption of public lands, &c. Form of . payments. Articles duty free withill Union. Provincial Consolidated Revenue Fund. 28 VIII–MISCELLANEous PROVISIONs. General. Oath of alle- 72. Every member of the Legislative Council or House of Assembly of the giance, &c. Union shall, before taking his seat therein, take and subscribe before the Governor ~3. General or some person authorised by him, and every member of a Council of any province shall before taking his seat therein, take and subscribe before the President of the province, or some person authorised by him, the oath of allegiance contained in the Schedule to this Act. Continuance 73. Except as otherwise provided by this Act, all laws in force in the colonies º . and states respectively at the Union, and all courts of civil and criminal jurisdiction, ... and all legal commissions, powers, and authorities, and all officers, judicial, adminis- , trative, and ministerial, existing therein at the Union, shall continue in the provinces situate within what at the said Union are the boundaries of those colonies and states respectively, as if the Union had not been made; subject nevertheless to be repealed, abolished, or altered by the Union Parliament, or by the Council of the respective province, according to the authority of the Parliament or of that Council under this Act. - - - General 74. The Union Parliament may, notwithstanding anything in this Act, from time Court of to time provide for the constitution, maintenance, and organization of a Supreme *P** Court of Judicature and of a General Court of Appeal for the Union and for the establishment of any additional courts for the better administration of the laws of the Union. Transfer of 75. Until the Union Parliament otherwise provides, all officers of the several ºfficers to provinces having duties to discharge in relation, to matters other than those coming ** within the classes of subjects by this Act assigned exclusively to the Councils of the provinces shall be officers of the Union, and shall continue to discharge the duties of their respective offices under the same liabilities, responsibilities, and penalties as if the Union had not been made. Appointment 76. Until the Union Parliament otherwise provides, the Governor General in gºv * Council may from time to time appoint such officers as the Governor General in Council deems necessary or proper for the effectual administration of the affairs of the Union in accordance with this Act. g Treaty obli- 77. The Parliament and Government of the Union shall have all powers necessary gations. or proper for performing the obligations of the Union or of any province thereof, as part of the British Empire, towards foreign countries, arising under treaties between the Empire and such foreign countries. º Laws re- 78. All laws relating to the natives or to native affairs shall be reserved by the ... iſ Governor General for the signification of Her Majesty's pleasure thereon, unless reserved. owing to some urgent emergency it is necessary for any such law to have immediate operation. But in such case the law shall be transmitted for Her Majesty's pleasure thereon at the earliest possible opportunity. 79. This Act may be amended by Act of the Union Parliament, but any such Act amending this Act shall be reserved for the signification of Her Majesty’s pleasure thereon, and shall not have effect until Her Majesty’s pleasure in that behalf has been duly signified. * g TX.—ADMISSION OF OTHER COLONIES AND TERRITORIES. Pºwº tº # 80. It shall be lawful for the Queen, by and with the advice of Her Majesty's most admit new , * > * • te ...tº honourable Privy Council, on addresses from the Houses of the Union Parliament, the Union. ... and from the Legislature of any colony, state, or province not originally included in # the Union, to admit that colony, state, or province into the Union, and on address ; from the Houses of the Union Parliament, to admit any territory, not now included ; in any colony, state, or province, into the Union, on such terms and conditions \ } expressed in the addresses as the Queen thinks fit to approve, subject to the provisions of this Act ; and the provisions of any Order in Council in that behalf shall have effect as if they had been contained in this Act. + Represen- ...w.. 81. In case of the admission into the Union of any colony, state, or province not members of originally included in the Union, it shall be entitled to a representation in the Union. p t #. i 29 |Legislative Council and in the House of Assembly proportioned to the representation granted under this Act to the other provinces of the Union, and calculated in the same ; manner. * - - ſ : 82. In this Act : * - • º The word “colony” includes the Province of Griqualand West; and for the pur- Interpreta- ſ * #. & poses of this Act the word “ population” shall be deemed not to include African tion. natives. 9 SCHEDULES. SCHEDULE. PROVINCIAL PUBLIC WORKS AND PROPERTY TO BE THE PROPERTY OF THE UNION. Canals, with lands and water power connected therewith. Public harbours. & * . Lighthouses and piers. º . Steamboats, dredges, and public vessels. . River improvements. . Railways and railway stocks, mortgages, and other debts due by railway companies. Military roads. . Custom houses, post offices, and all other public buildings, except such as the Government of the Union appropriate for the use of the provincial Legislatures and Governments. . Property transferred by the Imperial Government, and known as ordnance property. ... Armouries, drill sheds, military clothing, and munitions of war, and lands set apart for general public purposes. OATH OF ALLEGIANCE. I A.B., do swear, That I will be faithful and bear true allegiance to Her Majesty Queen Victoria. NoTE.— The name of the King or Queen of the United Kingdom of Great Britain or Ireland for the time being is to be substituted from time to time with proper terms of reference thereto. No. 4. The EARL OF CARNARWON to LIEUT.-Governor SIR. H. BULWER, K.C.M.G. SIR, e Downing Street, December 21, 1876. You will have been prepared by the report which accompanied my Despatch, of 14th ultimo,” of the proceedings when the deputation of South African affairs came here on 26th October, to receive an early explanation of the views of Her Majesty's Government with respect to Confederation. The Despatch which I have addressed to Sir H. Barkly, of which copies are enclosed, together with copies of the Draft Bill referred to, appears to give all the informa- tion which the Natal Government and Legislature can desire ; and I trust that the very important question now brought under their notice will receive at an early date the full consideration which it demands. • I would have gladly communicated the Draft Bill and the accompanying explanations to the delegates from Natal, had I not felt that if I were to make an exception, even in the case of gentlemen who so fully deserve the confidence reposed in them by the Natal Legislature, to the rule that each Government concerned must receive the first intimation of what was proposed, I should be unable to refuse to give similar information to others not holding official positions, and might thus be deemed wanting in considera- tion for the several Governments. *. If, as I hope, Natal feels itself able to take advantage of the provisions of the Bill, and to make overtures to the Cape Government with a view to making practical use of it as soon as it becomes law, I cannot but anticipate the best results, social, political, and material, for the Colony. | I have, &c. Lieut-Governor Sir H. Bulwer, K.C.M.G. (Signed) . CARNARVON. * No. 2. 30 No. 5. . - - Gover NOR SIR. H. BARKLY, G.C.M.G., to the EARL OF CARNARWON. (Received February 12, 1877.) d . . Government House, Cape Town, My LoRD, - January 16, 1877. THE mail steamer “Flamingo” arrived on the evening of the 10th instant, and early next morning I had the honour to receive your Lordship's Despatch of the 14th ultimo,” together with the draft of a Bill which it is proposed to introduce into the Imperial Parliament for “the Union under one Government of such of the South “ African Colonies and States as may agree thereto, and for the government of such “ Union, and for purposes connected therewith.” - 2. I communicated the Despatch and Enclosure as soon as possible to my Ministers, and it was published next day by order of Mr. Molteno in a Government Gazette Extraordinary. - 3. t 3. In further accordance with your Lordship's desire I have written by this morning's post to the Administrator of Griqualand West, and to the Presidents of the Orange Free State and of the Transvaal Republic, enclosing copies of both Despatch and Bill. 3. In Major Lanyon's case I confined myself to requesting that he would lay these documents before the Legislative Council at its next meeting; but to President Brand and President Burgers respectively I addressed the letters of which I herewith submit copies, and which I trust will meet your Lordship's approval. - 5. With regard to any observations which my advisers may desire to offer, as well as to my own comments on the Draft Bill which your Lordship is good enough to invite, there has been as yet so little time for the deliberate consideration of a measure of such magnitude and importance that I am sure your Lordship will excuse their being deferred to a future opportunity. * I have, &c. . The Right Hon. the Earl of Carnarvon, (Signed) HENRY BARKLY, &c. &c. &c. - Governor. Enclosure 1. in No. 5. SIR. H. BARKLY to PRESIDENT BRAND. - * * * w - Cape Town, January 15, 1877. By direction of the Earl of Carnarvon . I have the honour to transmit for the information of the Government of the Orange Free States copy of a Despatch which his Lordship has addressed to me, enclosing the draft of a Bill about to be submitted to the British Parliament for the purpose of enabling the Colonies and States of South Africa desiring Confederation to unite themselves under one general government. - As the Despatch is in itself explanatory of the provisions of the Bill, and as your Honour has recently had an opportunity of personally learning in detail the views and wishes of Her Majesty's Government, it is needless for me to do more than solicit the presentation of both documents for the favourable consideration of the Volksraad. Remembering well the unanimous desire for Federal Union expressed at the banquet given in honour of my visit to Bloemfontein in March 1871, which your Honour was good enough to attend, and bearing in mind, further, that the main obstacle which then stood in the way of friendly negotiation has been happily removed by the agreement recently entered into for the adjustment of the boundary dispute with Griqualand West, I venture to entertain a confident hope that the people of the Orange Free State will not be slow to take advantage of the option now offered them of uniting on fair and honourable terms with their brethren on this side the Orange River. º e ſ I have, &c. - His Honour President Brand, (Signed) HENRY BARKLY, &c. &c. * t High Commissioner. SIR, Enclosure 2, in No. 5. sº ... • SIR. H. BARKLY to PRESIDENT BURGERs. - SIR, e * - Cape Town, January 15, 1877. . By direction of the Earl of Carnarvon I have the honour to transmit for the infor- mation of the Government of the South African Republic copy of a Despatch which his * No. 3, 3I. Lordship has addressed to me, enclosing the draft of a Bill about to be submitted to the |British Parliament for the purpose of enabling the Colonies and States of South Africa desiring Confederation to unite themselves under one general government. $ & As I have recently been given to understand by your Honour that it was owing to misapprehension that his Lordship's wish that the Republic should be represented at the Conference which was held in London last August to consider this question was not communicated to the Volksraad, I trust I may rely on your Honour's taking the earliest opportunity of publicly making known the course which Her Majesty's Government now contemplate, and the option which will be offered under it to the citizens of the South African Republic of admission to all the benefits of the proposed Union. ** I have, &c. His Honour President Burgers, (Signed) HENRY BARKLY, &c. &c. g High Commissioner, 3. No. 6. The EARL OF CARNARVON to Governor SIR. H. BARKLY, G.C.M.G., K.C.B. SIR, & Downing Street, February 15, 1877. I HAVE received your Despatch of 16th January,” written in acknowledgment of mine of the 14th December, f in which I forwarded to you a Draft Bill for the Confederation of such of the South African Colonies and States as might agree thereto. I approve the course taken by you on receipt of my Despatch, and the terms in which you addressed the Administrator of Griqualand West, and the Presidents of the Orange Free State and of the Transvaal Republic when transmitting to them copies of my Despatch and of the Bill. t I have, &c Governor Sir H. Barkly, G.C.M.G., K.C.B. (Signed) CARNARVON. No. 7 Governor SIR. H. BARKLY, G.C.M.G., K.C.B., to the EARL OF CARNARVON. ſº . . (Received February 17, 1877.) y Government House, Cape Town, My LoRD, * January 22, 1877. REFERRING to my acknowledgment by last mail of your Lordship's Despatch, of the 14th ultimo, f forwarding the Permissive Confederation Bill, I have now the honour to transmit copy of a minute which has just been communicated to me by my ministers on the subject. s e 2. It relates exclusively, as will be seen, to the course to be adopted in regard to the Province of Griqualand West, the annexation of which, as agreed to by Mr. Molteno when in England, is held by them to be preferable to its admission into the Union as a separate Province, as seems contemplated by the Permissive Bill. . 3. I wished that this expression of opinion might be kept back until the arrival of my successor next month, with a view to his explaining, more clearly than I am in a osition to do, the reasons for the change, but Mr. Molteno deemed it essential that all risk of misapprehension, as to what he had engaged on behalf of the Cape Parliament, should at once be obviated. tº - t 4. It is my duty to make your Lordship aware that it seems extremely probable from the tone of the Colonial press that a large majority in the Parliament will adhere to the original plan of incorporation. * , ºr . 5. My own idea certainly was, at the time when, after the rejection of the Bill for that purpose in 1872, I recommended the erection of Griqualand West into an inde- pendent Province, that it might some day constitute a separate State in any Federal |Union that should hereafter be formed in South Africa. * - 6. Although its population has greatly diminished since that period, and its prospects are less bright, I do not yet regard that course as wholly out of the question. . . . 7. I venture nevertheless to submit that if an early settlement of the Griqualand West question be desired by Her Majesty's Government it would be expedient that the * No. 5. - - f No. 3. r D 4 • * 32 Imperial Act should, as suggested in this Minute, be so worded as to admit of the possible alternative of the annexation of the Province to the Cape Colony. 8. Deferring my remarks on the rest of the Bill to a future opportunity. I have, &c. - To the Right Honorable the (Signed) HENRY BARKLY, Earl of Carnarvon. - * Governor. &c. &c. &c. Enclosure in No. 7. Colonial Secretary’s Office, Cape Town, e Cape of Good Hope, January 22, 1877. MINISTERs have the honour to acknowledge the receipt of a Despatch, No. 299, dated 14th ult, giving cover to the draft of a Bill which it is proposed by the Right Honourable the Secretary of State for the Colonies to introduce during the ensuing session of the Imperial Parliament for the purpose of enabling the various Colonies and States of South Africa to enter into a Union, and prescribing the general terms on which such Union should be established. 2. Ministers have to express their thanks to the Right Honourable the Secretary of State for the Colonies for the opportunity afforded to them of expressing their opinion on the Bill in question before it is finally proceeded with. 3. The questions dealt with are of vital interest and importance, both to this Colony and South Africa in general, and require the fullest and most careful consideration; and Ministers will have the honour at an early date to submit their views upon them. They feel bound, however, without delay to express their regret at the course which it seems proposed to adopt in dealing with the Province of Griqualand West. 4. It would appear that his Lordship is disposed to abandon the idea of that Province being incorporated with this Colony as an integral part thereof. 3. w 5. Ministers were prepared, fully concurring in what had been done by Mr. Molteno, to propose to the Cape Legislature, with every prospect of success, that the arrangement recently entered into between his Lordship and Mr. Molteno in England should be carried out, but they fear that they will not be able to support a proposal for such a Union of that Province with this Colony as is contemplated in the Bill before them. 6. About the nature of the arrangement entered into Ministers apprehend there can be no doubt. 7. On the 5th August 1876 three courses were submitted on behalf of his Lordship to Mr. Molteno with regard to the future of Griqualand West, one of which was its - incorporation as an integral part of the Colony. : 8. On the 6th September, in a letter from Mr. Herbert (paragraph 5) the annexation of Griqualand West which is classed with that of Tembuland and Walwich Bay is again pressed on Mr. Molteno. 9. On the 22nd September, after considerable delay and further communication both in person and by letter, Mr. Molteno expressed himself in favour of the incorporation, and pledged his Government to press its adoption upon the Cape Legislature. 10. On the 30th September the acquiescence of the Right Honourable the Secretary of State for the Colonies was signified in the decision arrived at by Mr. Molteno, and the arrangement thus entered into was communicated in a Despatch, bearing date 4th October, to his Excellency the Governor. 11. In this Despatch his Lordship stated amongst other things that Her Majesty's Government would not under the circumstances be justified in recommending compliance with a petition which had been received against the annexation of Griqualand West to this Colony, and gave his opinion that the case would be adequately met by the pro- posed annexation concerning which further details were promised. * 12. No further communication was received until the Despatch of the 14th December giving cover to the Bill before mentioned, which provides that Griqualand West may be a separate Province of the Union of South Africa, and apparently contemplates, on the contingency of its Union with the Cape, the introduction of costly machinery for govern- ing the two, and the abolition of the existing Constitution of this Colony. 13. In the able report of Lieutenant-Colonel Crossman, R.E., on the affairs of South Africa (paragraph 106), the white population of Griqualand West is given at 6,000 souls, and there is no reason to think that it has increased since that time. The nature of that population may also be gathered from the same report. 33 14. The population of the Cape Colony consists of about 236,000 whites, even if all those of coloured or of mixed race be excluded. They are settled on the soil and enjoy a liberal Constitution. - 15. The position of Griqualand West is such as to require immediate settlement, and in the opinion of Ministers, the best settlement would be its annexation to this Colony, which would not in any way interfere with the general object of the Bill, and it will scarcely be contended that merely for the purpose of the annexation, it is desirable to subject the Cape Colony to a revolution which, whatever its other results may be, will certainly increase the cost of Government, while it is doubtful whether, looking to past experience, the form of Government suggested by the Bill would tend either to the prosperity or happiness of the Province. - | 16. In accordance with these views, and in fulfilment of the pledge given by Mr. Molteno to the Right Honourable the Secretary of State, and approved by his Lordship, ministers have the honour to state that they will during the next session be prepared to carry out the course upon which, as already mentioned, they had resolved previous to the receipt of the Despatch under acknowledgment, and they venture to express a hope that either the Bill will be so modified or other arrangements made to enable them so to do. . º 17. With regard to the further and more important interests affected by the Bill in question, they will, as stated above, have the honour of submitting a further com- munication to his Lordship. $ - I have, &c. (Signed) J. C. MoETENo. • a No. 8. J. W. AKERMAN, Esq., to the COLONIAL OFFICE. - 9, Felbrigg Villas, Ealing Dean, Ealing, MY DEAR SIR, February 21, 1877. IN accordance with a promise made at my last interview with Lord Carnarvon, I have placed on paper a few cursory thoughts on the S. A. Bill, which I now enclose, and will be glad if you will be good enough to let one of the clerks make a fair copy of them for his Lordship’s use, and return me the MSS. At the same time will you do me the favour of presenting to Lord Carnarvon the expression of my profound regret that while this Bill was being framed my colleague, Mr. Robinson, and myself were not permitted the honour of conference and discussion with those who constructed it for his Lordship. º gº No doubt Lord Carnarvon was very desirous to avoid any party admixture at that time, and therefore we were excluded. It seems, however, to have escaped his Lord- ship's notice that, unlike Mr. Paterson who had no status here, we were the duly accredited delegates to this country from Natal, where they will be surprised to hear that this Bill was published at Cape Town and read here in London before we saw it at all. & The few and meagre suggestions made at this late period, and without the opportunity of discussion, may, I trust, yet be of service to Lord Carnarvon. - Believe me, &c. H. Jekyll, Esq. (Signed) JOHN W. AKERMAN. Enclosure in No. 8. CURSORY REMARKS ON THE SOUTH AFRICA DRAFT BILL BY J. W. AKERMAN. 1. The proportionate representation to be enjoyed by each Province joining the Union in the Union Parliament will largely influence such Province in adopting or rejecting the measure. The Bill provides, in clauses 28 and 29, rigidly what that proportion shall be, nor does clause 3 of section 2 confer any power on the Queen by proclamation to change either of these clauses after passing the Imperial Parliament. 2. Particular attention is requisite, therefore, in the framing of clauses like 28 and 39, so as not to create a permanent barrier to Union under the Act. 3. Clause 82 must be taken in conjunction with these, which declares that “African Natives” (this appellation could be improved) shall not be deemed to be the population 4.1410. g E 34 \ | | . | when deciding on the distribution of seats. If so, then the representation of Natal in the Assembly will certainly be deemed inadequate. For supposing, now, the Cape and Natal first to unite, taking the white population of the former broadly at, say, 200,000 (two hundred thousand), and of the latter at 20,000 (twenty thousand), then the former could claim 60 seats out of 66, or 10 to 1, and yet the aggregate population of the Cape § (800,000) is but double the aggregate population of Natal. All Native matters being left by this Bill in the hands of the Union Parliament, the white population of Natal, though thrown amidst such masses of blacks, from whom they are not remote as in the Cape, would be powerless in that Parliament, notwithstanding the peculiar importance of their situation. r • . * A question fairly arises here whether if the Cape is to have so superior a power, the annexation of Natal to it is not preferable to a control like the above. The Cape must then sustain all the responsibilities of its power. large centres the rulers of the Empire. / To some extent the Transvaal might, equally with Natal, object to clauses 28 and 39. Their Native population must be very large. - These two clauses do not apparently harmonise with clause 22 of Lord Carnarvon's Despatch to Sir H. Barkly, in which persons “having knowledge of Native feelings,” &c., are specially commended for appointment to the Legislative Council of the Union. As a sequence to this opinion should not whites, who reside in close proximity to large bodies of blacks, these being their fellow-subjects and neighbours, receive special con- sideration in the amount of representation? Another argument suggests itself. At present Natal furnishes for its Legislature, omitting paid officials, no less than 23 Members, viz., 15 elective and eight nominee, The Cape supplies less than 100 for both Houses, so that if the present proportion. of representatives were maintained, Natal should have one to four of the Cape. Yet another very strong point. ... The present revenue of Natal, as published in the Colonial Office List of last year, is little short of one-sixth of that of the Cape ; and whereas so much of this revenue being Customs will belong to the Union, a representation in less proportion than this can on this ground be demurred to. Finally, I need scarcely point out how the regulation of representation by Iſlere population must militate against chances of Union. Such a principle applied in Great Britain would make two or three 4. A second great difficulty in the Bill is found in clause 78, which reserves all, Native Bills, with insignificant exceptions, for Her Majesty’s pleasure. This clause cannot fail to excite opposition, and especially from the Republics. Indeed, to me this clause seems to strip the Union Parliament of that for which it is chiefly required. Is not Her Majesty's power of veto on all measures sufficient A franchise for the Natives (the absence of which is, doubtless, the excuse for the clause) cannot be claimed by any sane man so long as they are permitted to retain their “customs and usages.” Legis- lation for them must devolve on the resident white population, who for local knowledge and personal residence, with its attendant risks, are the most suitable persons. If, how- ever, this clause should pass, it appears to me the proper interest in such legislation treated by. Her Majesty’s Government so exclusively will not be taken. A large Parliament will not tolerate so undue a power with respect to its most important- proceedings. - * JDetails. * Clause 10 appears defective in not requiring the “Privy Council” to be Members of Parliament. Colonists prefer the practical to the ornamental. This Council must in reality be a Cabinet or it is useless. Why revert to the old “Privy Council” days in a Colony; English usage is for the Cabinet to consist of Members of Parliament. Section 5 appears to make no provision for the local executive within Provinces. Clause 50 creates Provincial Legislative Councils, but I fail to see who constitutes the Executive. It cannot be intended, I think, for the President to form the sole executive officer. The expectation in South Africa is that Provinces within the Union shall enjoy free institutions internally, i.e., responsible Government, and why not if Native affairs are withheld from them. -- Clause 45. Ought not the appointment of Presidents to be vested rather in the Governor General than the Queen? Clause 49 confers the power of appointing a deputy. No provision is made for the duration in office of Members of the Legislative Council when appointed. If life membership is intended it should be stated, also, as now at the Cape, what status, “The Honourable" or otherwise, should be awarded to these Members, - - - 35 Revenue. Clause 61 enjoins a distribution among the Provinces of any unappropriated surplus of the Consolidated Fund in proportion to the customs levied on goods consumed within each Province. Would it not be better to leave this proportion out of the Bill and let it be determined by the Union Parliament P Insert this in the Bill, “in such proportion “ as the Union Parliament may by law determine.” This clause deals with a very difficult question, a species of Zolverein. Without the establishment of some new, and perhaps costly, system of check, who shall determine what proportion of customs paying oods have been consumed in the interior States. & . Clause 55. I regard the first portion of this clause as unconstitutional. No authority but that of the Imperial Parliament should be able to override another Parliament. - No. 9. JOHN ROBINSON, Esq., to COLONIAL OFFICE. (Received February 26.) 16, Russell Road, Kensington, MY DEAR SIR, February 19, 1877. IN accordance with Lord Carnarvon's request, I have the honour to enclose for his Lordship's consideration a few comments upon the Draft Union Bill. They have necessarily been written in some haste, but they are nevertheless the expression of views very carefully considered and very earnestly held. g 1 may add that I do not regard the enclosure as “confidential.” $ - Believe me, &c. g H. Jekyll, Esq. (Signed) JOHN ROBINSON. g Enclosure in No. 9. MEMORANDUM upon the Draft “South AFRICA ACT,” 18 1. It is not possible during the time that is available for the purpose to complete a minute criticism of a measure so fraught with detail, and so many sided in its bearings, as is the South African Union Bill. - 2. All that I dare venture to do, therefore, is to refer to the way in which the Bill seems to me to affect the interests of the Colony of Natal. I may here say, that although (with my colleague, Mr. Akerman) I came to England on the express vote of the Natal Legislature to take part in the Conference which Lord Carnarvon desired to hold upon the general question of confederation, and although the delegates from Natal were the only delegates who were formerly appointed in accordance with Lord Carnarvon's desires, I have, nevertheless, been in no way consulted in the preparation of the Bill, which I saw and whose provisions I became acquainted with for the first time upon the 9th instant, a month after both the Bill and his Lordship's Despatch had been published in the Cape Town newspapers. - 3. * 3. I make this explanation in justice to the position I held as a duly accredited repre- sentative of the Colony of Natal, and in order to free myself from any responsibility whatever as a participant in the framing of the Union Bill. r. 4. To come at once to what I cannot but regard as the supreme defect of the Bill in its bearing upon Natal, I would ask leave to point out that were that Colony to avail itself of the proposed measures it would commit an act almost amounting to political extinction. The principle upon which representation in the Union Parliament is to be arranged—and I presume that is the vital principle of the measure—would place Natal entirely at the mercy of the representatives of other Provinces. To explain this I must crave attention to the following points:— (a.) The number of members in both Houses allowed to each Province is “to bear “ the same proportion to the whole number of the House . . . as the population of the “Province (ascertained at the last census) bears to the whole number (so ascertained) of “ the population of the Union.” (S. 28.) - - (b.) Section 82 decrees that “for the purposes of this Act, the word “population” “shall be deemed not to include African natives.” (c.) The population of Natal, according to the Colonial Office List for 1876 consists of 17,290 whites, 5,068 coolies, and 282,703 natives, making a total of 305,141. There is reason to believe, however, that were a proper census taken the numbers registered * E 2 36 would be about 20,000 whites, 10,000 coolies, and 350,000 natives, and for purposes of calculation I will assume these figures. Sº, - (d.) The population of the Cape Colony, according to the same authority, is 721,500, but the European population at the last census was estimated at 273,000. We may put down the Native population therefore at 450,000. (e.) The number of members in the present House of Assembly at the Cape is 69. As 20,000 is (excluding the fractional number) a thirteenth part of 273,000, the pro- portion of members from Natal would be one for every 13 members from the Cape. (f.) In other words, to represent a country with 370,000 inhabitants there would be say five members, while the neighbouring Colony, with 721,500 inhabitants (barely twice the number), would have 69 members. * .) The injustice of this arrangement becomes more apparent when it is remarked that “the legislative authority of the Union Parliament” so constituted “extends to native affairs,” and when it is remembered that while the Native population of the Cape Colony, numbering say 450,000, is spread over an area of about 200,000 square miles, the Native population of Natal; numbering say 350,000, is massed together within an area of 20,000 square miles. - (h.) As a further illustration of the proposed inequality of representation the following figures may be advanced,— - - 1874. . Cape. Natal. ar - £ £ Revenue º - 1,907,951 247,259 Expenditure - - 1,357,455 306,364 Imports tºº - 5,558,215 1,121,948 And if I mistake not the Cape revenue in the year named was materially swollen by the proceeds of public loans. & 5. On this ground alone then I feel convinced that the Bill, as it stands, will meet with general and strenuous opposition in Natal. 6. It seems to me further that the manner in which the Executive Government is to be administered is not stated with sufficient precision. The words “in Her Majesty's behalf” in the 7th clause may be presumed to infer the existence of “constitutional self government” but the qualifying provisions in clause II are, to say the least, vague and open to different interpretations. w - 7. The constitution of the Upper House requires, I think, to be more definitely laid down. - g . 8. Under clauses 52 and 53 the powers of taxation severally granted to the Union Parliament and the Provincial Councils, as well as their borrowing powers, appear to clash with each other. I may here remark that as Natal has for many years past maintained a system of immigration from India, made necessary by the peculiar con- ditions of her agricultural industries, and as the hut tax paid so readily by her Native, population is larger than that levied in the Cape Provinces, her position in these two important respects makes it doubly necessary that her claims to adequate representation should be fairly considered. - 9. By clause 56 the Governor-General is to be invested with the power of allowing or “disallowing every law made by a Provincial Council.” . It may be presumed that his action would be moré or less governed by the counsels of his responsible advisers, and ... I have already shown how insignificant, and even impotent, would be the representative łyoice and influence of Natal in a Parliament constituted upon the lines of a Draft Bill. 10. Without further reference to other points in the Bill which call for very serious consideration I feel it my duty to express my belief that neither the Colonists nor the Legislature of Natal (even as at present constituted) will voluntarily agree to any measure of Union embodying such a principle of representation as that upon which the Bill before me is based. . - t (Signed) . John Rousson. 16, Russell Road, February 19, 1877. - No. 10. . . The EARL OF CARNARVON to Governor Sir H. BARKLY, G.C.M.G., K.C.B. SIR, & Downing Street, February 28, 1877. I have the honour to acknowledge the receipt of your Despatch of the 22nd January,” transmitting a copy of a Minute by your Ministers on the subject of the %. No. 7. 37 proposed Bill for the Union of South Africa, in which they address themselves more particularly to that part of my Despatch of the 14th December,” which refers to the Union of the Province of Griqualand West with the Cape Colony. g 2. I must in the first place express my satisfaction at the clear and temperate manner in which your Ministers state their views upon the point which appears to them to be of the most immediate importance, thus affording me an opportunity of at once more fully explaining what I am prepared to agree to with regard to the future position of Griqualand West; which though intimately connected with the scheme of a more extended Union, has also been hitherto discussed principally in connexion with the separate proposal for its incorporation with the Cape. It is almost inevitable that there should be many other questions in connexion with so large and difficult a subject as to which my suggestions may not at first be correctly understood, or may require such modification as, when convinced by argument, I shall be quite ready to allow ; and I can desire nothing more than that in any future case I may receive as candid and reasonable an expression of OOIIll OIl. - • pº I will proceed then to remark that it is clearly not to the Draft Bill itself, but to my observations upon the Bill, that the objections of your advisers relate. The Bill is drawn with no special reference to Griqualand West, and though it would permit of the Union of that Province with any other Colony or State, does not in any way preclude its immediate incorporation with the Cape Colony. I am glad, therefore, that I am not now called upon to reconsider the framework of the measure, and have only to deal with the question whether Griqualand West should be united to the Cape under the Bill, or independently of it. & - 4. The correspondence quoted in the Minute sufficiently proves that the incorporation of Griqualand West with the Cape is the course which has not only appeared preferable to Her Majesty's Government, but which they have strongly urged, and recent circum- stances have confirmed me in the belief that it should be taken, as your Ministers advise, without delay. I trust, therefore, that, among the first measures considered during the approaching session will be one for this purpose. It will be desirable that it should be passed as soon as possible in order that the necessary legislation may be completed this €8.T. w * g 5. Having thus as I trust effectually removed the doubts of your Ministers with respect to my continued desire for the incorporation of Griqualand West with the Cape, it is due to them that I should explain those references to the Province in my Despatch of the 14th December which they have found inconsistent with what had been previously understood. * f 6. The Draft Bill now under consideration was obviously framed with a view not merely to the Union of the Cape and Griqualand West, but to the greater Union of these two Colonies with Natal and the neighbouring Republics, and its machinery is therefore more complicated than would have been proposed for the smaller object alone. When, however, I had decided upon the outline of a measure which was so general in its terms as to admit of either an extended or a limited Union, it occurred to me that it might possibly be found convenient to take advantage of it in the first instance for uniting Griqualand West to the Cape. In this case I should have been prepared to consider the necessary modifications in the form of the Bill, and I should have expected that the functions assigned in it to the Province would be reduced, and the powers of the general Legislature would be increased. I am, however, as I have said, quite pre- pared to accept the opinion of your Ministers that there would be practical inconveniences or disadvantages in using the machinery of this Bill for the particular Union now under consideration, and I am fully satisfied with their undertaking to effect the object in the way they propose. r * 7. Having said thus much in order to remove all obstacles to the early completion of the incorporation, I will only add that I place confidence in the intention of the Cape Government and Parliament to deal both justly and liberally with the Province, preserving such of its institutions as are open to no reasonable objection, and meeting as far as possible the wishes of the inhabitants to manage their affairs under some form of municipal government until the time may arrive for any further, development of the provincial system. º - 8. I think I have now sufficiently shown that there is no occasion to modify the Draft Bill in connexion with this subject. - - * No. 3. 38 A. 9. I await with interest, and shall carefully consider, the further communication promised by your Ministers on the subject of the general provisions of the Bill; but I ought not, I think, to conclude this Despatch without some reference to certain expressions in your Ministers' Minute which lead me to apprehend that they may possibly have shared a very serious misconception respecting the constitutional operation of the proposed Union Bill, the existence of which has been brought to my notice to my extreme surprise. • 10. I have been informed that exception has been taken to the Bill on the ground that it would abolish “responsible government,” and that the intention to do so is inferred from the absence of any express mention of that form of government in the draft. 11. As your Ministers speak of “the abolition of the existing Constitution of the “ Colony,” and of “subjecting the Cape Colony to a revolution,” I am unable to feel assured that they have not shared this misapprehension. I rely, however, with much confidence on your knowledge and experience, which will have enabled you at once to assure your advisers and all others concerned, that it would have been impossible either for me or for any other Colonial Minister to advise Her Majesty to bring forward indirectly, and as a feature of a measure designed for an entirely different purpose, a proposal for the withdrawal of that liberty of self-government which was deliberately conceded, and which has up to the present time been well and ably exercised. 12. You will, moreover, have been able to explain that both in the case of the Australian Colonies, with which you are specially familiar, and in that of the Dominion of Canada, the establishment of responsible government has rested not upon any specific provisions of enactments or commissions, but upon a clear understanding based upon the declarations of Her Majesty's Government that the system was adopted and would be respected. It is only reasonable to follow the same course in a measure framed for the Confederation of the South African Colonies and States. e 13. With regard to myself, as I am conscious of having at all times in the fullest degree guarded and respected the constitutional position of legislatures under responsible government, I feel that it ought not to be necessary for me now to state that I have had no intention of interfering with the operation of that form of government at the Cape. s g * t; * I have, &c. Governor Sir H. Barkly, G.C.M.G., K.C.B. (Signed). CARNARVON. No 11. ë COLONIAL OFFICE to J. W. AKERMAN, Esq. - * Downing Street, March 3, 1877. I AM directed by the Earl of Carnarvon to inform you that he has had before him your letter of the 21st ultimo” addressed to Mr. Jekyll, with the remarks which accompany it, on the subject of the South African Draft Bill. * - . 2. Lord Carnarvon desires me to assure you that these criticisms, and any further observations you may desire to make, will be carefully considered by him, and will, he doubts not, be of much help to him in determining the form which the measure will ultimately assume. w . - - 3. I am to take this opportunity of repeating that the Bill in its present stage is a draft, upon which the opinion of the Colonies and of the States interested is desired, SIR, and that every criticism of weight will be carefully considered by Lord Carnarvon, whose only object it is that the measure should carry into effect the principles in view in the form most adapted to the circumstances and most acceptable to the views of the various Colonies and States of South Africa. 4. Lord Carnarvon is unable to pass without remark your renewed complaint that you and your colleague, Mr. Robinson, were not consulted upon the Bill during the course of its preparation. If this measure could have been considered at the Conference held last year, his Lordship would have thought himself fortunate in being able to take the opinions of yourself and your colleague upon it, together with those of the other members of the Conference. But Mr. Brand and Mr. Molteno declined to discuss the measure, and Lord Carnarvon feels assured that it will be obvious to you on consideration that a consultation with you and your colleague on matters relating to the other Colonies and States, in the * No. 9. 39. absence of any persons representing those Colonies and States, would have been a pro- ceeding likely to create both inconvenience and misunderstanding; and independently of the inexpediency of thus communicating with individual delegates of one Colony upon a matter affecting the whole of South Africa, Lord Carnarvon considered it only right that the first explanation of his views should be given to the Governments of each different Colony and State. •. I am, &c. t J. W. Akerman, Esq. (Signed) W. R. MALCOLM. - No. 12. - COLONIAL OFFICE to JOHN ROBINSON, Esq. & SIR, t Downing Street, March 5, 1877. - I AM directed by the Earl of Carnarvon to acknowledge the receipt of your memorandum on the South African Confederation Bill.” t I am desired by his Lordship to express his thanks to you for the observations you have furnished upon the Bill, and to assure you that these and any further criticisms which you may desire to make upon it will receive his Lordship’s serious attention, as they cannot fail to be of much assistance to him in preparing the measure for submission to the Imperial Parliament. * I am to enclose you a copy of a letter which Lord Carnarvon has addressed to your colleague, Mr. Akerman, whose memorandum upon the Bill was received a day or two previous to yours.f . - I am, &c. J. Robinson, Esq. t (Signed) W. R. MALCOLM. No. 13. The EARL OF CARNARVON to Lieut.-Governor Sir H. BULWER, K.C.M.G. (Confidential.). SIR, Downing Street, March 8, 1877. WITH reference to my Despatch of 21st December, forwarding to you the draft of a Bill for the Confederation of the South African Colonies and States, I transmit for your information copies of a correspondence with Messrs. Akerman and Robinson on the subject of certain observations which they have submitted with respect to the Draft Bill. I have, &c 2 º Sir H. Bulwer. (Signed) CARNARVON. No. 14. - Governor Sir H. BARKLY, G.C.M.G., K.C.B., to the EARL OF CARNARVON. (Received March 12, 1877.) - Government House, Cape Town, NMy LoRD, - - 8. February 7, 1877. I HAVE the honour to transmit copy of a communication from the Administrator, reporting that your Lordship's Despatch of the 14th December, together with the Draft Bill about to be introduced into the Imperial Parliament for the union under one Government of such of the Colonies and States of South Africa as may agree thereto, had, immediately on its receipt, been published in the Government Gazette of the Province, and would be presented to the Legislative Council at its next meeting. I have, &c. , - . ; * (Signed) HENRY BARKLY, The Right Honourable the Earl of Carnarvon, Governor. &c. &c. &c. - - * * No, 8. f No. 9, i No. 10, E 4 40 “ for other purposes connected therewith Enclosure in No. 14. SIR, Kimberley, January 25, 1877. I HAVE the honour to acknowledge the receipt of your Excellency’s Despatch, No. 9, of the 15th instant, transmitting a copy of a Despatch, No. 299 of the 14th ultimo (Cape Series), from the Right Honourable the Secretary of State, forwarding a Draft Bill which His Lordship proposes to introduce into the Imperial Parliament during the next session for the “ Union under One Government of such of the South African “Colonies and States as may agree thereto, and for the Government of such union, and In accordance with your Excellency’s instructions, the Despatch and Enclosure will be submitted to the Legislative Council on its re-assembling, which will probably be early next month. In the meantime I have given instructions for the publication of these documents in the Government Gazette. w I have, &c. His Excellency (Signed) W. Owen LANYON. Sir Henry Barkly, G.C.M.G., K.C.B. p - No. 15. Governor Sir H. BARKLY, G.C.M.G., K.C.B., to the EARL OF CARNARVON. - - (Received March 12, 1877.) Government House, Cape Town, My LoRD, - - February 9, 1877. I HAVE the honour to transmit copy of President Brand's acknowledgment of the letter in which I enclosed, for the information of the Government of the Orange Free State, your Lordships' Despatch of the 14th December, with the draft of the proposed Bill for enabling the Colonies and States of South Africa to form a Union. 2. It will be seen that his Honour still considers himself precluded, by the Resolution of the Volksraad of 11th February 1876, from entertaining the question of confederation, but that he promises to lay the present correspondence on the subject before that body at its ordinary session in May next. & - I have, &c. (Signed) HENRY BARKLY, The Right Honourable the Earl of Carnarvon, Governor. &c. &c. &c. º Enclosure in No. 15. SIR, * …” - Bloemfontein, January 29, 1877. I HAVE the honour to acknowledge the receipt of your Excellency's letter of the 15th instant, enclosing copy of a Despatch which the Right Honourable the Earl of Carnarvon has addressed to your Excellency, covering the draft of a Bill about to be submitted to the British Parliament for the purpose of enabling the Colonies and States of South Africa desiring confederation to unite themselves under one general Government. In the correspondence which took place between his Lordship and myself during my stay in London, I enclosed a copy of the Resolution of the Volksraad of the IIth February 1876, which precluded me from discussing the question of Confederation. Since then I availed myself of the opportunity of the special session of the Raad to lay the correspondence between , Lord Carnarvon and myself before that honourable ' body, and I have no reason to think that the representatives of the people of the Orange Free State have altered or modified the sentiments expressed in their Resolution of the 11th February, with reference to the sacrifice of their independence, although it has always been, and still is, their earnest wish and desire to cultivate and maintain the most amicable relationships with Her Majesty's Government and the neighbouring Colonies and sincerely to co-operate with them for the general welfare of South Africa. * I shall, however, not fail to present your Excellency's letter, with copies of Lord Carnarvon's Despatch and the Permissive Bill for the consideration of the Volksraad at the annual session in May next. - * - I have, &c. His Excellency (Signed) J. H. BRAND. Sir Henry Barkly, G.C.M.G., K.C.B. 41 No. 16. Governon Sir H. BARKLY, G.C.M.G., K.C.B., to the EARL OF CARNARVON. (Received March 20th, 1877.) Government House, Cape Town, My Lord, February 15th, 1877. As the time named for the arrival of my successor is close at hand, it is incumbent on me to transmit the comments on the Permissive Bill called for by your Lordship's Despatch of the 14th December.” d 2. The duty is a somewhat delicate one to perform. 3. The Cape Ministry, beyond the explanation solicited in regard to Griqualand West, has as yet expressed no opinion on the measure, and I am anxious that it should refrain from doing so until it has heard what Sir Bartle Frere has to say on the subject. 4. On the other hand, to criticise from my own point of view a Bill prepared, evidently with great care, under the superintendence of the Secretary of State for the Colonies, could not but be regarded as presumptuous; while my comments, however well intended, might be considered as throwing needless obstacles in its way. 5. Still, I feel that Her Majesty’s Government has a right to demand from every servant of the Crown the results of the experience he has acquired in its service; and I trust that, by confining my remarks to points as to which the organs of all parties in South Africa have already raised objections, and showing how those objections, so far as they are well founded, can be overcome, I may be able to aid in moulding the Imperial Act into the form in which the Colonists will be most ready to avail themselves of the advantages it offers. 6. No better model could, of course, have been chosen than the “British North American Act,” 30 Vict. c. 3., but as that formed the sequel of long discussions between the Colonies concerned, ending in specific compromises on such vital points as the number of members to be allotted to each, it will not serve throughout as a guide, and it furnishes, unfortunately, no information as to the principles by which proportionate representation was regulated. 7. It is proposed, I perceive, in clauses Nos. 20 and 28 of the Permissive Bill, that the relative numbers of the population in each Province shall be the basis of calculation. Probably no objection would have been raised to this simple arrangement, had it been possible to adhere to it without qualification. The necessity however, which could not but suggest itself under the peculiar circumstances of South Africa, of imposing some limitation to mere weight of numbers, has been met by a proviso in the interpretation clause (No. 82) that the word “population " shall be deemed not to include “African Natives.” To this proviso exception has been taken in various quarters, and on very opposite grounds. * 8. By some the definition is regarded as involving the unmerited disfranchisement of the whole of the coloured races, Kafirs, Hottentots, emancipated negroes, &c. Others, who would not so much care for this, hold that it would be an injustice, to Natal in particular, to allow it no more members than it would be entitled to if its small number of European Colonists were alone reckoned, whilst eastern journals, looking forward to the sub-division of the Cape Colony, object to a rule which might have an awkward application hereafter in disturbing the equality of representation they now enjoy. 9. What is aimed at is, I take it, that uncivilised Natives (colloquially termed Red Kaffirs, from their habit of daubing their bodies with clay) shall not be counted when estimating the relative share of political power to be assigned to each State of the Union. This is primâ facie so reasonable that it could not be objected to by the warmest advocate of the rights of the coloured races in this Colony. 10. Some apprehension, however, exists that it is designed to carry the principle further, so that civilised Natives, qualified by the possession of property to vote at elections for the Council and Assembly now, will be excluded from voting for members of the Union Parliament (which alone is to be competent to deal with Native Affairs), and permitted to take part in provincial elections only. - 11. There is nothing indeed in the Bill to this effect, and if a satisfactory assurance to the contrary were given, the opposition of the party in question would, I am sure, cease. I venture to hope that your Lordship will concur in the propriety of making this concession. º 12. Even if it were practicable to define strictly what is meant by an “African Native,” or to draw a line as to colour or race in the exercise of the franchise, the * No. 3. 4.1410. F 42 V W !" ſ $ º 't \ §: operation of the rule would be most anomalous and objectionable, for while hundreds of Malay artizans in Cape Town and elsewhere would continue, and very properly, to enjoy the right of voting, the most highly educated Kafirs, including regularly ordained missionaries like the late Rev. Figo Soga and the Chief William Kama, or clerks and interpreters in the Government service, like the eldest son and heir of Sandilli, would be denied that privilege. 13. The suggestion in the Despatch that the Kafir element should be represented in the Legislative Council of the Union by members expressly selected on account of their (acquaintance with and interest in Native Affairs, ought certainly to be acted on, if the iprinciple of nomination to that body be adhered to. **-*~~------~ * I4. The objection in the case of Natal to the total exclusion of “African Natives * in calculating the proportion of members might be obviated by adopting the principle of the original constitution of the United States in regard to the slaves in the south, and allowing the Kafir population to be reckoned, though in a reduced ratio as compared wit the whites. t •, * * , , ! * 'w ſ %. *A l } * # º ¥ l Council of the Union should be elected by the provincial legislatures for a term of years, thus following the precedent of the United States Senate. ** i ; * f * still perhaps remains to be solved in the British Colonies. | - 3. { } t 15. It would be difficult to apply this rule, however, in the case of the Transvaal, where the number of Kafirs is unascertained, nor would it suffice to place Griqualand West, which has but a small and fluctuating Native population, in its proper position. 16. Admitting that not mere numbers, but civilization and commercial activity, are to be taken into consideration, it strikes me that the revenue of each State, as the best * .."," ; : criterion of these, ought to be one of the factors, and if this were multiplied by the number of the white population the respective products would afford a fair standard of comparison. - --~~~~ * * 17. The 20th clause of the Bill is furthermore generally objected to here, as intrö- ducing the principle of nomination by the Crown to seats in the Legislative Council. 18. It only follows in this respect the North American Act, but, whatever were the motives which induced the Colonists there to revert to an arrangement which had been abolished on the introduction of responsible Government, those motives have not yet operated at the Cape, where a Council elected by the aggregate constituencies of the Eastern and Western Provinces has, as your Lordship is aware, played an important part in the political history of the Colony. 19. The problem of how best to constitute a second chamber fitted to exercise due control over hasty legislation, without being in constant antagonism to the Lower House, 20. My own impression, when in Australia, used to be that the Legislative Council of Victoria, elected on the system of parcel rotation by voters, possessing a higher property qualification, grouped into large constituencies, was far better adapted to act harmoniously as a conservative check than the Nominee Council of the sister Colony of New South Wales. ; ! ! I 21. Experience, however, is the safest guide in such matters; and as that of the Canadian Dominion during the last 10 years is said to have been favourable, I am aware of no good reason why the example should not be followed here. 22. The objection which has been urged against vesting the appointment, as proposed by the Bill, in the hands of the Governor-General alone has little real force, for no ministry would consent to retain office for an hour if the power were exercised to its detriment. $ j 23. The idea which finds most favour here is, that the members of the Legislative 24. It is probable that this course would be preferred by the present Republics, as their inhabitants might doubt the capacity of a Governor-General to choose really representative men from among them. - & 25. The right of from time to time electing their own President, instead of, as pro- vided in clause 45, being directly governed by an officer appointed by the Crown, and holding office during pleasure, would also tend to reconcile the Republics to the new order of things. 26. The feasibility of such a concession must, in some degree, depend upon the system of provincial administration to be adopted. In addition to the President, clause 50 provides that there shall be a Legislative Council for each Province, elected annually, but nothing is said of an Executive Council, nor as to how the relative responsibility of the President to the Governor-General on the one hand, and the representatives of the people on the other, is to be managed. - 27. Practically, a body elected for one year only could exercise little effective control, but the shortness of that term is universally objected to. It may be said that it is the 43 customary period in the case of municipalities, but there is little real analogy between the status and functions of such bodies and those of the proposed provincial Councils. 28. The members of whom the latter are to consist would represent the varying interests of localities hundreds of miles distant from each other, and be brought together at a cost of time and trouble which few competent men would be found willing to encounter for the sake of a single year's seat. 29. It would be impossible, moreover, for the Councils to deal satisfactorily with questions of such grave importance as would be brought before them, with education , for instance, with the constitution of courts of justice, the sale of public lands, the regulation of property and of civil rights, &c. &c., in a single session, or even in a succession of sessions with the constantly changing personnel which annual elections would occasion. Under the North American Act the provincial assemblies are elected for four years. There may have been sound reasons, of which I am unaware, for not | including a precisely similar provision in the South African measure, but if the question of the duration of these Councils could be allowed to stand over for adjustment until the point has been fully discussed it could do no harm, and might tend to facilitate the assent of the Colonists. * 30. I venture indeed, in conclusion, to observe, without occupying your Lordship's time needlessly by alluding to other minor objections which have been mooted, that the more the Imperial Act can be rendered of a purely permissive character the easier will it be to arrange a general scheme under it. - 31. It should, I respectfully submit, give the barest outline possible of the conditions on which the Colonies and States of South Africa may, if they think fit, confederate under the British flag, leaving all matters of detail to be filled in hereafter by the Royal Orders in Council issuable under clause 3. - 3, # . . . . . . . . ~~~~~ : - I have, &c. f (Signed) HENRY BARKLY, The Right Honourable the Earl of Carnarvon, Governor. &c., &c. - &c. * No. 17. The EARL OF CARNARVON to Governor The RIGHT Hon. SIR. B. FRERE, - • ‘ G.C.B., G.C.S.I. - - Downing Street, April 12, 1877. I HAVE the honour to acknowledge the receipt of Sir H. Barkly's Despatch of the 15th February,” in which he favoured me with his observations upon the Draft Bill for enabling the Union of South African Colonies and States. * - 2. I shall have other opportunities of expressing to Sir H. Barkly my obligations for the valuable observations and suggestions contained in his Despatch, and I have now the honour to inform you that, after considering his observations, together with others which I have received, I have decided to revise the Draft of the Bill, and to present it to the House of Lords on its reassembling. g 3. I enclose copies of the revised Draft, from which you and your ministers will perceive that I have removed from it those details as to which it has become apparent N that there may be a difference of opinion. Among the principal of these are certain pro- visions relating to the constitution of the Legislative Council, the apportionment of representation in the House of Assembly, the appointment of the Chief Officers of Pro- vinces, and the representation of persons not of European origin. I have also omitted the reference to some minor points as to which I think it preferable not to anticipate that local expression of opinion which I desire that Her Majesty’s Government should receive before the Queen is advised to make specific provision. g 4. I cannot doubt that this course will be in accordance with the views of you ministers, and of all interested in this important question, as affording opportunity for a mature consideration of all details, without unduly delaying the enactment by the Imperial Parliament of the necessary empowering measure. * 5. I request that you will lay this Despatch, with its enclosure, before the Houses of the Legislature, and that you will transmit copies of the Bill, as now revised, with a copy of this Despatch, to the Presidents of the Orange Free State and of the Transvaal Republic. I will only add an expression of my hope that they will perceive in the alte- rations which I have now made a further evidence of my regard for the natural wish of any Government or community which may propose to take advantage of the measure SIR, —3– * No. 16. F 2 44 Short title. Application - of provisions referring to the Queen. Declaration of union and provision for its comple- tion. Naturalisa- tion of sub- jects of the that no question should be prejudged which can properly be left open for subsequent consideration. - - - - 6. I have sent copies of the Bill and of this 1)espatch to the Lieutenant-Governor of Natal. & 4 ºr & I have, &c. Sir B. Frere. (Signed) CARNARVON. Tinclosure in No. 17. DRAFT of a BILL for the Union under one Government of such of the South African Colonies and States as may agree thereto, and for the Government of such Union; and for purposes connected therewith. WHEREAs proposals have been made for uniting under one Government under the Crown of the United Kingdom of Great Britain and Ireland those colonies and states of South Africa which may voluntarily elect to enter into such Union : And whereas such Union would conduce to the welfare of the said colonies and states and promote the interests of the British Empire, and it is expedient to make provision for any two or more of the said colonies or states to unite at such time as may be found convenient : And whereas it is expedient to declare and define the general principles on which the constitution of the legislative authority and of the Executive Government in the Union may be established, and to enable the details of the said constitution and of the administrative establishments thereunder to be provided for after the wishes and opinions of the said colonies and states with respect to such details have been duly represented to Her Majesty through their respective Legislatures: - * * Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: T.—PRELIMINARY. . 1. This Act may be cited as The South Africa Act, 1877. 2. The provisions of this Act referring to Her Majesty the Queen extend also to her heirs and successors. t - - II.-UNION. 3. It shall be lawful for the Queen, by and with the advice of Her Majesty's most honourable Privy Council, to declare by Order in Council that, on and after a day therein appointed, any two or more of the colonies or states of South Africa which may so agree shall be joined or confederated together in Union under one general Government and Legislature, with such name and designation as to Her Majesty may seem fit; and on and after that day the said general Government and Legislature of the Union shall have full power and effect within the said colonies, or colonies and states which shall have so agreed. - It shall be lawful for the Queen, by and with the advice of Her Majesty's Privy Council, by any subsequent Order in Council issued before the first assembling of the Union Parliament, to alter or amend the said Order in Council, or to provide for any matters or things as to which Her Majesty is authorised by this Act to make provisions, and which are not provided for in the said Order in Council; but no such Order in Council shall be issued under the provisions of this section after the first assembling of the Union Parliament. In any such Order in Council as aforesaid the Queen may make provision for all or any of the matters as to which she is by this Act empowered to give directions, as well as for any other matters necessary to the due establishment of the Dominion, and before making such provision shall have regard to any representations that may be made to Her Majesty by or by the authority of the Legislature of any state or colony concerned, or by any committee or other body duly appointed by any two or more of the said Legislatures jointly to consider the subjects mentioned in this Act. 4. In the event of the admission into the Union of the Orange Free State or the South African Republic, otherwise called the Transvaal Republic, all persons at the 45 time resident in and enjoying the rights of citizenship within the said state and Republic respectively, and not being already British subjects, shall be and they are hereby declared to be thenceforth ipso facto naturalised subjects of the Queen. 5. The subsequent provisions of this Act shall, unless it is otherwise expressed or implied, commence, and have effect on and after the Union, that is to say, on and after the day appointed for the Union taking effect; and in the same provisions, unless it is otherwise expressed or implied, the words “the Union * shall be taken to mean the Union of South African colonies or colonies and states provided for by this Act. - - - 6. The Union shall be divided into such provinces, with such names and boundaries, as the Queen may direct. - III.-ExECUTIVE POWER. 7. The Executive Government and Authority of and over the Union is hereby declared to be vested in the Queen, and may be exercised on Her Majesty’s behalf by the Governor General. - - 8. The provisions of this Act referring to the Governor General extend and apply to the Governor General for the time being of the Union, or other the Chief Executive Officer or Administrator for the time being carrying on the Government of the Union on behalf and in the name of the Queen, by whatever title he is designated. 9. There shall be a Great Seal for the Union, of such device as Her Majesty may approve. - . + - * 1O. There shall be a council to aid and advise in the government of the Union, to be styled the Privy Council of the Union; and the persons who are to be members of that council shall be from time to time chosen and summoned by the Governor General from among the members of the Union Parliament and sworn in as privy councillors, and may be from time to time removed by the Governor General. 11. All powers, authorities, and functions which are at the Union lawfully vested in or exerciseable by the respective Governor, Lieutenant-Governor, President, or Admi- mistrator of a colony or state, with the advice, or with the advice and consent, of the Executive Council or other administrative body thereof, or in conjunction with such council or body, or with any number of members thereof, or by the said Governor, Lieutenant-Governor, Administrator, or President individually, shall (as far as the same continue in existence and capable of being exercised after the admission of such colony or state into the Union), in relation to the Government of the Union, be vested own discretion and without such advice. in and exerciseable by the Governor General, with the advice, or with the advice and consent of, or in conjunction with the Privy Council of the Union, or any members thereof, or by the Governor General individually, as the case requires, subject nevertheless to be abolished or altered by the Union Parliament. 12. The provisions of this Act referring to “the Governor General in Council” shall be construed as referring to the Governor General acting by and with the advice of the Privy Council of the Union, and where “the Governor General” alone is mentioned the provision shall be construed as referring to the Governor General acting on his 13. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorise the Governor General from time to time to appoint any person or any persons jointly or severally to be his deputy or deputies within any part or parts of the Union, and in that capacity to exercise during the pleasure of the Governor General such of the powers, authorities, and functions of the Governor General as he may deem it neces- sary or expedient to assign to him or them, subject to any limitations or directions expressed or given by the Queen ; but the appointment of such a deputy or deputies shall not affect the exercise by the Governor General himself of any power, authority, or function. - - 14. The command-in-chief of the land and naval militia, and of all naval and military forces, of and in the Union, is hereby declared to be vested in the Queen. *: the Union shall be such place as the Queen may direct. 4. - - - Orange Free tate and Transvaal Republic or Union. Construction ofsubsequent provisions of Act. Provinces. Declaration of executive power in the Queen. Application of provisions referring to . Governor General. Constitution of Privy Council of the Union. All powers under Acts to be exercised by Governor General with advice of Privy Coun- cil, or alone. Application of provisions referring to Governor General in Council. Power to Her Majesty. to authorise Governor General to appoint de- puties. Command of armed forces to be vested in the Queen. “...” *, 15. The seat of Government of Seat of Go- Vernment. F 3 46 Constitution of Parlia- ment. Privileges, &c. of IIouses. First session of the Parlia- ment. Yearly ses- sion of the Parliament. Number and constitution of Legislative Council. Resignation of place. Disqualifi- cation. Questions as to qualifica- tions and Vacancies. Voting in Legislative Council. Constitution of House of Assembly. Summoning of House of Assembly. IV.-LEGISLATIVE PoweR. . 16. There shall be one general Legislature for the Union (in this Act called “the Union Parliament”), consisting of the Queen, an Upper House styled the Legislative Council, and the House of Assembly. - - 17. The privileges, immunities, and powers to be held, enjoyed, and exercised by the Legislative Council and by the House of Assembly and by the members thereof respectively shall be such as are from time to time defined by Act of the Union Par- liament, but so that the same shall never exceed those for the time being held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the members thereof. - 18. The Union Parliament shall be called together not later than twelve months after the Union. g - 19. There shall be a session of the Union Parliament once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session. & The Legislative Council. 2O. The Legislative Council shall, subject to the provisions of this Act, consist of such number of members, representing such divisions of the Union, and being so qualified and appointed, as the Queen may direct. 21. A member of the Legislative Council may, by writing under his hand addressed to the Governor General, resign his place in the Council, and thereupon the same shall be vacant. 22. The place of a member of the Legislative Council shall become vacant in any of the following cases : g (1.) If for two consecutive sessions of the Parliament he fails to give his attendance in the Council: . -- * (2.) If he takes an oath or makes a declaration or acknowledgment of allegiance, obedience, or adherence to a foreign power, or does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a foreign power : - - | - • , (3.) If he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter : : (4.) If he is attainted of treason or convicted of felony or of any infamous crime: (5.) If he ceases to be duly qualified in respect of property or of residence; provided, that he shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the seat of the Government of the Union while holding an office under that Government requiring his presence there. . 23. If any question arises respecting the qualification of a member of the Legislative Council or a vacancy in the said Council the same shall be heard and determined by the said Council. . --> - 24. Questions arising in the Legislative Council shall be decided by a majority of voices, and the Speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. The House of Assembly. 25. The House of Assembly shall, subject to the provisions of this Act, consist of elected members, representing in fair proportions the various provinces of the Union, and until the Union Parliament otherwise provides, the provinces shall, for the purposes of the election of members to serve in the House of Assembly, be divided into such electoral districts returning such number of members respectively, and the electors and members shall have such qualifications, and the elections shall be conducted according to such rules and regulations, as the Queen may direct. 26. The Governor General shall from time to time, in the Queen’s name, by instru- ment under the Great Seal of the Union, summon and call together the House of Assembly. 47 | 27. A member of the Legislative Council shall not be capable of being elected or of sitting or voting as a member of the House of Assembly. 28. The House of Assembly on its first assembling after a general election shall proceed with all practicable speed to elect one of its members to be Speaker. 29. In case of a vacancy happening in the Office of Speaker by death, resignation, or otherwise, the House of Assembly shall with all practicable speed proceed to elect another of its members to be Speaker. , * : 30. The Speaker shall preside at all meetings of the House of Assembly. 31. In case of the absence for any reason of the Speaker from the chair of the House of Assembly for a period of forty-eight consecutive hours, the House may elect another of its members to act as Speaker, and the member so elected shall during the continu- ance of such absence of the Speaker have and execute all the powers, privileges, and duties of Speaker. • t * , 32. Questions arising in the House of Assembly shall be decided by a majority of voices other than that of the Speaker, and when the voices are equal, but not otherwise, the Speaker shall have a vote. s 33. Every House of Assembly shall continue for five years from the day of the return of the writs for choosing the House (subject to be sooner dissolved by the Governor General), and no longer. - 34. A census of the Union shall be taken ten years after the first meeting of the |Union Parliament, and at the end of each subsequent period of ten years, and on the completion of every such decennial census, the representation of the provinces may be re-adjusted by such authority, in such manner, and from such times as the Union Parliament from time to time provides, subject and according to such rules as the Queen may direct. . s - Such re-adjustment shall not take effect until the termination of the then existing Parliament. - g 35. The number of members of the House of Assembly may be from time to time increased by the Union Parliament, provided that the proportionate representation for the time being in force of the provinces is not thereby disturbed. Money Votes, Royal Assent. 36. Bills for appropriating any part of the public revenue, or for imposing any tax or impost, shall originate in the House of Assembly. - f 37. It shall not be lawful for the House of Assembly to adopt or pass any vote, resolution, address, or Bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to that House by message of the Governor General in the session in which such vote, resolution, address, or Bill is proposed. . . - - 38. Where a Bill passed by the Houses of the Parliament is presented to the Governor General for the Queen's Assent, he shall declare, according to his discretion, but subject to the provisions of this Act and to Her Majesty’s instructions, either that he assents thereto in the Queen’s name, or that he withholds the Queen’s assent, or that he reserves the Bill for the signification of the Queen's pleasure. 39. Where the Governor General assents to a Bill in the Queen's name, he shall, by the first convenient opportunity, send an authentic copy of the Act to one of Her Majesty’s Principal Secretaries of State, and if the Queen in Council, within two years after receipt thereof by the Secretary of State thinks fit to disallow the Act, such disallowance (with a certificate of the Secretary of State of the day on which the Act was received by him) being signified by the Governor General, by speech or message to each of the Houses of the Parliament or by proclamation, shall annul the Act from and after the day of such signification. • -. 40. A Bill reserved for the signification of the Queen's pleasure shall not have any force unless and until, within two years from the day on which it was presented to the Governor General for the Queen's Assent, the Governor General signifies, by speech or message to each of the Houses of the Parliament or by proclamation, that it has received the assent of the Queen in Council. f Senators not to sit in House of Assembly. As to election of Speaker of House of Assembly. As to filling up vacancy in office of Speaker. . . . Speaker to preside. Provision in case of absence of Speaker. Voting in House of Assembly. Duration of House of Assembly. Decennial re-adjust- ment of re- presentation. Increase of number of House of Assembly. . Appropria- tion and Tax Bills. Recommen- dation of money Voteſ. Royal assent to Bills, &c. Disallowance by Order in . Council of Act assented to by Gover- nor General. Signification of Queen's pleasure on Bill reservedi. T 4 48 Appointment of Presidents of provinces. Salaries of Presidents. Oaths, &c. of Presidents. Application of provisions referring to Presidents. Council for each pro- vince. Legislative authority of Parliament. An entry of every such speech, message, or proclamation shall be made in the Journal of each House, and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the records of the Union. W.—PROVINCIAL GOVERNMENT. 41. Each province shall be presided over by a Chief Executive Officer bearing such title and appointed in such manner as the Queen may direct. 42. Until altered by Act of the Union Parliament, the salaries of such officers shall be such as the Queen may direct. 43. Every such officer shall, before assuming the duties of his office, make and subscribe before the Governor General, or some person authorised by him, oaths of allegiance and office similar to those taken by the Governor General. 44. The provisions of this Act referring to such officer shall extend and apply to the Chief Executive Officer or Administrator for the time being carrying on the Government of any province, by whatever title he is designated. Provincial Councils. 45. There shall be a council for each province, consisting of the Chief Executive Officer and of such number of councillors elected in such manner and for such term as the Queen may direct. WT.—DISTRIBUTION OF LEGſsLATIVE POWERs. Powers of the Parliament. 46. It shall be lawful for the Queen, by and with the advice and consent of the Legislative Council and House of Assembly, to make laws for the peace, order, and good government of the Union, in relation to all matters not coming within the classes of subjects by this Act assigned to the councils of the provinces; and for greater certainty it is hereby declared that (notwithstanding anything in this Act) the legislative authority of the Union Parliament extends to all matters coming within the classes of subjects next herein-after enumerated; that is to say, 1. The qualification of electors and members of the Legislative Council and House of Assembly, and other questions relating to the constitution, privileges, and proceedings of either of the said bodies. The public debt and property. The regulation of trade and commerce. - The raising of money by any mode or system of taxation. The borrowing of money on the public credit. Postal service. - The census and statistics. Militia, military and naval service, and defence, saving all matters and things relating to the troops, ships, property, and prerogatives of the Crown. 9. The fixing of and providing for the salaries and allowances of civil and other officers of the Government of the Union, - 10. Beacons, buoys, lighthouses. * * 11. Navigation and shipping. 12. Quarantine and the establishment and maintenance of marine hospitals. 13. Fisheries. s 14. Bridges or ferries between a province and a foreign state or between two provinces. 15. Currency and coinage. * 16. Banking, incorporation of banks, and the issue of paper money. 17. Savings banks. 18. Weights and measures. 19. Bills of exchange and promissory notes. 20. Interest. 21. Legal tender. 22. Bankruptcy and insolvency. 23. Patents of invention and discovery. 24, Copyrights. . i 49 25. 26. 27. 28. 29. 30. 31. Native affairs. Naturalization and aliens. Marriage and divorce. The criminal law. - The establishment, maintenance, and management of gaols, hospitals, asylums, and other public institutions for the use of the Dominion generally. - Such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by this Act assigned exclusively to the councils of the provinces. - Such other subjects herein assigned to the councils of the provinces as the council of any province may by law declare to be within the competency of the Union Parliament in respect of such province. JEacclusive Powers of Provincial Councils. 47. In each province the council may exclusively make laws in relation to matters coming within the classes of subjects next herein-after enumerated, and not included among the subjects herein-before assigned to the Union Parliament; that is to say, 11. 12. 13. 14. 15. 16. 17. 18. 48. In each province the council may make laws in relation to immigration into The qualification of electors and members of the provincial council. . Direct taxation within the province in order to the raising of a revenue for provincial purposes. . The borrowing of money on the sole credit of the province. The establishment and tenure of provincial offices and the appointment and payment of provincial officers. The management and sale of the public lands belonging to the province, and of the timber and wood thereon. - - Education. Subject of exclusive provincial legislation. The establishment, maintenance, and management of public. and reformatory • prisons in and for the province. The establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary institutions in and for the province other than marine hospitals. Municipal institutions in the province. . Licenses for trading and other purposes in order to the raising of a revenue for provincial, local, or municipal purposes. Local works and undertakings other than such as are of the following classes: a. Lines of steam or other ships, railways, canals, telegraphs, and other works and undertakings connecting the province with any other or others of the provinces, or extending beyond the limits of the province : b. Lines of steamships between the province and any British or foreign country: - c. Such works as, although wholly situate within the province, are before or after their execution declared by the Union Parliament to be for the general advantage of the Union or for the advantage of two or more of the provinces. The incorporation of companies with provincial objects. The solemnization of marriage in the province. Property and civil rights in the province. The administration of justice in the province, including the constitution, main- tenance, and organisation of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts. The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section. The registration of titles to land. Generally all matters of a merely local or private nature in the province. the province; and it is hereby declared that the Union Parliament may from time to time make laws in relation to immigration into all or any of the provinces; and an law of a provincial council relative to immigration shall have effect in and for the province as long and as far only as it is not repugnant to any Act of the Union Parliament. 414102 *: G Concurrent powers of legislation respecting immigration. 50 Distribution of powers may be varied. 49. The distribution of legislative powers between the Union Parliament and the councils of the provinces provided in the three last preceding sections of this Act may be varied by any Order in Council issued in pursuance of section three of this Act, and nothing in this Act shall be deemed to affect or limit in any way the power of the Queen, with the advice and consent of the Lords Spiritual and Temporal, and the Commons, of the United Kingdom of Great Britain and Ireland, to make any law relating to the Union. . r Allowance or 50. Every law made by a provincial council shall be forthwith transmitted to the disallowance of provincial laws. Creation of Consolidated Revenue Fund. Expenses of collection, &c. Interest of provincial public debts. Salary of Governor General. Appropria- tion of re- Venue. The |Union may become liable to provincial debts. Provincial public pro- º perty. IForm of payments. Articles duty free within Union. Frovincial Governor General, who shall according to his discretion allow or disallow the same. VII.-REVENUEs ; DEBTs; ASSETs; TAXATION. 51. All duties and revenues lawfully raised within the Union, except such portions. thereof as are reserved to the respective councils of the provinces, or are raised by them in accordance with the special powers conferred on them, shall form one Con- solidated Revenue Fund, to be appropriated for the public service of the Union in the manner and subject to the charges in this Act provided. 52. The Consolidated Revenue Fund of the Union shall be permanently charged with the costs, charges, and expenses incident to the collection, management and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordered by the Governor General in Council until the Parliament otherwise provides. - - 53. The annual interest of the public debts of each colony or state joining the Union shall, so far as they are in this Act declared to be a charge upon the Union, form the second charge on the Consolidated Revenue Fund of the Union. 54. Unless altered by Act of the Union Parliament, the salary of the Governor General shall be ten thousand pounds per annum sterling money of the United Ringdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of the Union, and the same shall form the third charge thereon. * 55. Subject to the several payments by this Act charged on the Consolidated Revenue Fund of the Union, the same shall be appropriated by the Union Parliament for the public service. : > sº . . . After due provision has been made for the public service of the Union, any surplus of the consolidated revenue of the Union which may in any year be so appropriated by the Parliament, shall be divided among the provinces in such proportions as the Queen may direct, or the Union Parliament may provide. 56. The Union shall be liable for so much of the public debt of each province existing at the Union as the Queen may direct, and the said provincial debts may, by Act of the Union Parliament, be consolidated into one stock. • is 57. The Union may assume any lands or public property required for fortifications or for the defence of the country. 58. All payments to be made under this Act, or in discharge of liabilities created under any law of the colonies, states, or province respectively, and assumed by the |Union, shall, until the Union Parliament otherwise enacts, be made in such form and manner as may from time to time be ordered by the Governor General in Council. 59. All articles of the growth, produce, or manufacture of any one of the provinces. shall, from and after the Union, be admitted free into each of the other provinces. 60. All duties and revenues raised or received by the respective governments or Consolidated councils of the provinces, in accordance with the special powers conferred upon them Revenue Fund. Oath of alle- giance, &c. by this Act, shall in each province form one Consolidated Revenue Fund to be appro- priated for the public service of the province. VIII.-MISCELLANEOUS PROVISIONS. General. 61. Every member of the Legislative Council or House of Assembly of the Union, and every member of a council of any province, shall, before taking his seat therein, take and subscribe before the Governor General or some person authorised by him, the oath of allegiance contained in the Schedule to this Act. • 51 62. Except as otherwise provided by this Act, or by any Order in Council issued under section three of this Act, all laws in force in the colonies and states respec- tively at the Union, and all courts of civil and criminal jurisdiction, and all legal commissions, powers, and authorities, and all officers, judicial, administrative, and ministerial, existing therein at the Union, shall continue in the provinces situate within what at the said Union are the boundaries of those colonies and states respec- tively, as if the Union had not been made; subject nevertheless to be repealed, abolished, or altered by the Union Parliament, or by the council of the respective province, according to the authority of the Parliament or of that council under this Act. 63. The Union Parliament may, notwithstanding anything in this Act, from time to time provide for the constitution, maintenance, and organization of a Supreme Court of Judicature and of a General Court of Appeal for the Union and for the establishment of any additional courts for the better administration of the laws of the Union. 64. Until the Union Parliament otherwise provides, all officers of the several provinces having duties to discharge in relation to matters other than those coming within the classes of subjects by this Act assigned exchusively to the councils of the provinces shall be officers of the Union, and shall continue to discharge the duties of their respective offices under the same liabilities, responsibilities, and penalties as if the Union had not been made. fe - 65. Until the Union Parliament otherwise provides, the Governor General in Council may from time to time appoint such officers as the Governor General in Council deems necessary or proper for the effectual administration of the affairs of the TJnion in accordance with this Act. '66. The Parliament and Government of the Union shall have all powers neces- sary or proper for performing the obligations of the Union or of any province thereof, as part of the British Empire, towards foreign countries, arising under treaties between the Empire and such foreign countries. * 67. All laws relating to the natives or to native. affairs shall be reserved by the Governor General for the signification of Her Majesty’s pleasure thereon, unless owing to some urgent emergency it is necessary for any such law to have immediate operation. But in such case the law shall be transmitted for Her Majesty's pleasure thereon at the earliest possible opportunity. © 68. This Act and any Order in Council made hereunder may be amended by Act of the Union Parliament, but any such Act shall be reserved for the signification of Her Majesty's pleasure thereon, and shall not have effect until Her Majesty's pleasure in that behalf has been duly signified. - - TX.-ADMISSION OF OTHER COLONIES AND TERRITORIES. 69. It shall be lawful for the Queen, by and with the advice of Her Majesty's most honourable Privy Council, on addresses from the Houses of the Union Parlia- ment, and from the Legislature of any colony, state, or province not originally included in the Union, to admit that colony, state, or province into the Union, and on address from the Houses of the Union Parliament, to admit any territory, not now included Continuance of existing laws, courts, officers, &c. General Court of Appeal, &c. Transfer of officers to . the Union. Appointment of new offi- CeI’S. Treaty obli- gations. Laws re- specting natives to be reserved. Power to admit new members into the Union. in any colony, state, or province, into the Union, on such terms and conditions expressed in the addresses as the Queen thinks fit to approve, subject to the provisions of this Act; and the provisions of any Order in Council in that behalf shall have effect as if they had been contained in this Act. 70. In case of the admission into the Union of any colony, state, or province not originally included in the Union, it shall be entitled to a representation in the Legislative Council and in the House of Assembly proportioned to the representation granted under this Act to the other provinces of the Union, and calculated in the same 100.3.Illſle]”. 71. In this Act— The word “colony ” includes the province of Griqualand West; The words “as the Queen may direct” mean as Her Majesty may direct by any Order in Council issued in pursuance of section three of this Act, but not other. WISé. -- * * Represen- tation of new members of Union. Interpreta- tion. 52 S C H E D U L E. OATH OF ALLEGIANCE. I A.B., do swear, That I will be faithful and bear true allegiance to Her Majesty . Queen Victoria. - - NoTE.—The name of the Sovereign of the United Kingdom of Great Britain or Ireland for the time being is to be substituted from time to time with proper terms of reference thereto. - e No. 18. The EARL OF CARNARVON to Governor SIR H. BULWER, K.C.M.G. SIR, & Downing Street, 12th April 1877. I HAVE the honour to transmit to you some copies of a revised draft of the Bill for the union of the South African Colonies and States, with a copy of a Despatch to Sir Bartle Frere,” which will explain to you the considerations which have induced Her Majesty's Government to think that, after removing from the Bill certain details thought (by the Delegates from Natal as well as in other quarters) to require further discussion, its introduction should not be further delayed. * * - I shall be obliged by your communicating the Despatch and the Bill to the Legislative Council, or if it is not in session, by your giving it publicity in the usual manner. - I have, &c. Governor Sir H. Bulwer, K.C.M.G. (Signed) CARNARVON. * No. 17. L ON DO N : . Printed by GEORGE E. EYRE and WILLIAM SPOTTIswooDE, Printers to the Queen's most Excellent Majesty. For Her Majesty’s Stationery Office. FURTHER CORRESPONDEN CE RESPECTING THE PROPOSED CONFEDERATION OF THE COLONIES AND STATES OF SOUTH . AFRICA. (In continuation of [C. 1732] of April 1877.) #3regented to fºotſ, #}ouge6 of 33arliamettt hp (Command of 39er ſºlajegty). March 1878. L O N TO O N : PRINTED BY GEORGE EDWARD EYBE AND WILLIAM SPOTTISWOODE, PRINTERS TO THE QUEEN’s MOST ExCELLENT MAJESTY. FOR HER MAJESTY'S STATIONERY (jFFICE. h 1878. [C.—1980.] Price 5%d. V Serial No. From or to whom, Page, 2 I () 11 Governor Sir Bartle Frere, Bart. Lieut.-Governor Sir H. Bulwer. Governor Sir Bartle Frere, Bart. ToGovernor Sir Bartle Frere, Bart. Lieut.-Governor Sir H. Bulwer. To Lieut.-Governor Sir H. Bulwer. President Brand - Governor Sir Bartle Frere, Bart. To President Brand | ToGovernor Sir Bartle Frere, Bart, The Aborigines Pro- tection Society. F 612. TABLE OF CONTENTS, Date. Subject. 17th April 1877 (Rec. 11th May.) 30th April 1877 (Rec. 4th June.) 15th May 1877 - (Rec. 8th June.) I4th June 1877 1st May 1877 - (Rec. 25th June.) 30th June 1877 29th May 1877- (Rec. 6th July.) 12th June 1877 (Rec. 6th July.) 16th July 1877 - 16th July 1877 - 20th July 1877 - Transmitting Minute by Cape ministers on the first draft of the “South African Bill.” Transmitting Minute on Draft Con- federation Bill by Executive Council, and stating that the Draft Bill will be submitted to Legislative Council as Soon as it meets. Transmitting Ministerial Minute on Draft Confederation Bill, for Per- missive Confederation of South African Colonies and States. In reply to despatch of 15th May, stating that ministers of the Cape will have learnt that the retention of Griqualand West in clause 71. Of the Revised Bill has been anticipated by an amendment made in the House of Lords, by which the name of the Province has been struck out. Submitting objections to the Draft Bermissive Confederation Bill, as regards the principle of Provincial Representatives in the Union Par- liament. In reply to despatch of 1st May, ex- pressing Lord Carnarvon's thanks for the able observations on the subject of the Draft South African Bill. Reporting refusal of the Volksraad of Orange Free State to enter into Con- federation, and enclosing copy of resolution on the subject. Transmitting copy of letter from the President of the Orange Free State notifying refusal of such State to enter into Confederation. In reply to despatch of 29th May, and expressing the satisfaction his Lordship felt at the courteous and friendly terms in which that despatch is couched. In reply to despatch of 12th June, stating that President Brand's com- munication appears Satisfactory. Transmitting memorial requesting that steps may be taken to secure for the colored inhabitants of South Africa the same privileges intended to be conferred on those of European descent under the Draft Confederation Bill. 5 IO 14 15 15 17 17 18 18. 19 Serial No. From or to whom. Date. Subject. Page. I2 13 14 15 17 To Lieut.-Governor To the Aborigines Protection Society. ToGovernorsir Bartle Frere, Bart. Lieut.-Governor Sir H. Bulwer. Sir H. Bulwer. Lieut.-Governor Sir H. Bulwer. To Lieut.-Governor Sir H. Bulwer. 24th July 1877 - 16th Aug. 1877 14th Aug. 1877. (Rec. 20th Sept.) 4th Oct. 1877 – 13th Nov. 1877 (Rec. 29th Dec.) 7th Jan. 1878 Remarks on the South Africa. Bill Stating that Lord Carnarvon is con- sidering the draft of a clause to be proposed in Committee, which he hopes will save both whites and blacks from the evils which an unregulated fran- chise, given without reference to their condition or wants, must surely produce. Transmitting copies of six documents on the subject of the proposed Confedera- tion of the South African Colonies, and submitting his observations thereon. In reply to the despatch of 14th August, states that his Lordship considers it would be preferable in the first instance to intimate to Sir Bartle Frere the readiness of the Natal Government to move in the matter of the provisions of the South African Act of 1877, and inquires whether he proposes to take any steps with a view to initiating a conference for the purpose of con- sidering the course to be taken. The Permissive Confederation Act and the proposed Conference of Delegates. Enclosing copy of correspondence with Sir B. Frere on the subject, and stating that Natal will be prepared to send representatives to the Conference when preliminaries are settled. Acknowledging receipt of his despatch of the 13th November last on the snbject of the Permissive Confedera- tion Act. $ 21 22 24 29 30 33 An Act for the Union under one Government of such of the South African Colonies and States as may agree thereto, and for the Government of such Union; and for APPENDIX. *g “South AFRICA. 40 & 41 Vict, chap. 47. purposes connected therewith.” * Cape of Good Hope. No. 1. Governor SIR. B. FRERE, BART., G.C.B., G.C.S.I., to the EARL OF CARNARVON. (Received May 11th.) - t - Government House, Cape Town, My LORD, April 17, 1877. - REFERRING to previous correspondence on the subject of the Confederation of the South African Colonies, I have the honour to forward copies of a Minute I have received from the Responsible Ministers of this Colony on the subject of the Draft Bill which was enclosed in your Lordship's letter of the 14th December.” 2. A draft of this Minute was placed in my hands by Mr. Molteno a few days after my arrival, with an intimation of the wish of his Cabinet that I should read it before it was formally submitted to me. He drew my attention to the date of the draft, the 15th ultimo, observing that it would have been submitted to my predecessor, but that it was considered desirable to await my arrival, before entering on any further discussion of the subject. - 3. In the belief that the terms of the Minute were still open to discussion and modification, T, after reading it, expressed my views on it very fully to Mr. Molteno, and gave him, for the consideration of himself and his colleagues, a brief note of what occurred to me. | 4. Of this note a copy is inclosed. 5. I intended it to have served as a text for any further discussion when I met the Cabinet assembled in Executive Council; in the event of my remarks having no effect in inducing ministers, in the meantime, to modify the terms of their Minute. 6. I subsequently, however, learnt from Mr. Molteno that, though he and his colleagues had carefully considered the remarks in my note, they had not seen cause to make any alteration in their Minute; and that, as it had been finally settled before I arrived, it would hardly be consistent with their practice to revise its terms. 7. He read to me a memorandum of the comments of the Cabinet on each clause of the notes I had given him. These comments appeared to be simply respectful forms of adhesion to their first views as expressed in their Minute, without further attempt at argument. 8. Mr. Molteno volunteered a courteous expression of his own conviction that, under the circumstances, there was little use in troubling me with the perusal of these remarks for any other purpose than to show that every clause of my note had been carefully considered, without altering the views of the ministry. 9. As regarded any further discussion in the Executive Council, he observed that, as the Minute was simply an expression of views and not an executive act, it would not, in the ordinary course of business, come before the Executive Council. That, according to the routine laid down with the advice of my predecessor, ever since Responsible 'Government was first introduced, it had been the invariable custom for ministers to consider and draw up such expressions of opinion on any measures submitted to them through the Governor, in a sort of Cabinet Council, apart from the Governor—that any memoranda of their final opinions on important subjects were generally submitted in draft to the Governor, as a matter of convenience, to avoid taking him by surprise, but not with any view to further discussion; and that though he could assure me that any remarks I might think fit to address, either orally or in writing, to the ministers col- lectively, would be received with the utmost respect and attention, it would be contrary to their practice that I should be present at any discussion on them, by the members of the ministry, or that the Governor's remarks should be the ground of any alteration in a Minute of which the draft had been once submitted, even informally, to the Governor. * - 10. I pointed out to Mr. Molteno the very obvious fact that this very limited view of the Governor's functions must, of necessity, either restrict, within the narrowest limits, the Governor's powers of usefully assisting the ministers in the consideration of compli- cated questions like that before us, or risk the creation of divisions in the Cabinet, owing to the different effect produced on different members of the Cabinet by the * No. 3 of [C. 1732] of April 1877. Encl. No. 1. Minute, 15th Mar. 1877. Encl. No. 2. Note. - A 3 6 same arguments, separately presented to them, in their separate interviews with the Governor. 11. But I let him, at the same time, clearly understand that, as long as my duty to Her Majesty's Government permitted, I should carefully avoid making any change in existing practice, as long as that practice was satisfactory to him and his colleagues. 12. As far as I can judge from our first meeting of the Executive Council, which has been held since this conversation, my remarks were not without effect, for there seemed to me to be an evident inclination on the part of Mr. Molteno and his colleagues to enter more into discussion and explanation on the papers before the Council, than from his previous descriptions of past practice I should have expected. 13. I am bound to add that nothing could exceed the courtesy and cordiality of Mr. Molteno and every member of his ministry on this and every other occasion since my arrival. ...~" 14. In what I have stated above, I have summarised the substance of several lon conversations, simply with a view to explain to your Lordship the steps I had taken, though without much immediate result, to induce Mr. Molteno and his colleagues to put their views on confederation before your Lordship in a form better calculated to assist in bringing into practical shape the measures necessary for giving effect to the policy of Her Majesty's Government. - 15. As regards the objects of that policy, I was rather surprised to find no avowed difference of opinion whatever, in any class or section of society here; nor, as far as I can judge from newspapers and letters, in other parts of the Colony. It is only when the precise details of the measures to be adopted are discussed, that any divergence of view is apparent, and then it speedily resolves itself into the old form of a discussion between the claims of the Eastern and Western Provinces to lead, and the necessity of maintaining the existing union of East and West in one Colonial State, to which, when the discussion embraces Natal and other provinces, are added the questions of military defence and native law. - 16. The favourite idea in this part of the Colony is naturally what they call “unifi- cation.” The Parliament of the Cape Colony being in existence and in practical working order, having, as the advocates of “unification' assert, gained the confidence of the country as a useful representative body, and being understood and appreciated not only by the Colonists, but by their neighbours, it is argued that it will be the more generally acceptable and easiest plan to advance it to the dignity of the “Union Parliament”—to add to it a fair proportion of representatives for each province which may be willing to join the union, increasing the powers of the divisional councils, as might be found necessary, to meet the reasonable wants of the more remote Provinces, in matters of local regulation and administration. - 17. It is argued that this plan will avoid the obvious difficulty of finding competent men willing to give their services to the public, not only for the purposes of general legislation, but for the Provincial legislatures, and the equally obvious risk that with two kinds of legislature—the one Provincial the other General—for the union, there will be constant collisions in legislation, owing to the practical difficulty of distinguishing the precise class to which measures of any complexity belong. 18. Mr. Molteno informed me that the Bill for the annexation of Griqualand West, which is the subject of my Despatch of this date to your Lordship, might be taken as an example of the mode in which he and his colleagues would propose to proceed. 19. I pointed out to him that your Lordship would have to consider not only what the Cape Colonial Legislature might say when the Bill was laid before them, but how the Bill would affect the other parties to the union. 20. He expressed, however, great confidence, from his knowledge of local feeling in Griqualand West and elsewhere, that the measure would not only be generally accept- able in the Province affected, but that it would be regarded as a useful precedent for other Provinces to follow, in uniting themselves to the Cape Colony. 21. The soundness of this opinion can probably hardly be fully tested till the measure is discussed in the Colonial Parliament. I have, &c. - * - (Signed) H. B. E. FRERE, The Right Hon. the Earl of Carnarvon, - Governor. &c. &c. &c. .r Enclosure 1 in No. 1. - Colonial Secretary’s Office, Cape Town, Cape of Good Hope, March 15, 1877. (Minute.) - Ministers have the honour, in pursuance of their Minute, No. 28, dated 22nd January last, to submit further observations on the Despatch from the Right Honourable the Secretary of State for the Colonies, and on the Permissive Bill which accompanied it, with especial reference to the proposed federation or union of the South African Colonies and States. 2. They have somewhat delayed the transmission of this communication in the expectation that opportunity would have been afforded for a personal discussion with his Excellency Sir Bartle Frere of some of the more prominent details of this important measure. - 3. Ministers are not insensible of the advantage which is afforded in the consi- deration of a subject of such magnitude as the union of the several communities of South Africa by the submission of definite suggestions. 4. Accepting as a conclusion from which few will be found to dissent that such a union is eminently desirable, the following remarks will be more particularly directed towards those points which, in the opinion of ministers, seem to call for notice, owing in a great measure to local circumstances. 5. Whilst admitting that by the provisions of the Bill a power of alteration and substitution of an extensive character seems to be reserved, ministers are, notwith- standing, of opinion that for a Bill of a purely permissive nature, which is intended merely to enable the union of two or more South American communities to take place under details which must of necessity be settled after careful consideration and discussion, the measure proposed is unnecessarily sweeping and complicated, and enters too minutely into matters which if now laid down in the manner proposed might tend to impede rather than to promote the desired object. - - - -, .. 6. It seems unnecessary, for instance, to import into the Bill elaborate provisions for the election of a Speaker, and for the manner of voting in the Union Legislature, questions which, ministers submit, as affecting its own interests, should be under the control of that body. 7. Ministers do not deem it necessary to enter upon the consideration of the expense which would be incurred by adopting the details of the Bill. This is a matter, however, which cannot altogether be discarded, but will no doubt be considered by the Colonies or States desirous of forming the Union. 8. The proposed measure enters very fully into the question of Provincial Legis- latures and the powers which should be relatively assigned to them and to the Union Parliament. Ministers are of opinion that such details are at the present stage of the question somewhat premature, and indeed it seems to be contemplated by section 55 of the Bill that the interpretation to be given to the preceding clauses defining provincial powers should be of the most elastic kind. 9. The dissimilar condition of the various Colonies and States which will, it is hoped, form the South African Union, renders it at present impossible to lay down any exact lines on which the details of such a unión could be effected. The union would probably be best arranged between this Colony and each of the Colonies and States separately. 10. In Canada it was only after repeated discussion and a considerable lapse of time that the details were so far agreed upon as to enable a measure to be submitted embodying them, but the communities whom it was sought to unite in Canada were differently circumstanced to those of South Africa. A \ 11. The Orange Free State and the Transvaal Republic are both independent communities of principally Dutch extraction, but there the likeness ceases. The Orange Free State enjoys a settled form of government; it has a regular adminis- tration of justice, the revenue is collected, and life and property obtain due protection. In the Transvaal, unfortunate occurrences, which ministers deplore, have for a time placed it in a different position. The one State has to deal with large masses of natives within and beyond its border; in the other the natives, in number a few thousands, are quiet and Orderly, and for the most part in domestic service. In the Free State the public lands at the disposal of the Government are inconsiderable; in the Transvaal they are, it is believed, of great value and extent. In Natal also exceptional circumstances exist. It is, therefore, obviously difficult, to say the least of it, to lay down in one measure provisions in detail applicable to such different A 4 8 circumstances. The most that can be done, ministers submit, is to provide for the possibility of a union in general terms, leaving the details for local arrangement, iſ subject to the confirmation of Her Majesty's Government. - 12. Did ministers conceive themselves in a position at the present moment to discuss the nature and constitution of the Provincial Governments, and the powers to be exercised by them, they would have pointed out to the Right Honourable the Secretary of State for the Colonies, paragraph 14 in clause 53 in the draft Bill “Property and Civil Rights,” as being matters which, in their opinion, it would be extremely undesirable, even by bearing upon the native question, to leave in the hands of any but the body to whom is submitted the management of Native Affairs. - 13. Ministers are also of opinion that the adjustment of all matters coming under the head of revenues, debts, assets, and taxation, should form the basis of individual settlement between the States who may desire to enter the Union. 14. The question of the admission of natives to the franchise is, as his Lordship observes, one of extreme difficulty. In the Cape Colony proper, no distinction has been made, and the franchise is bestowed, irrespective of race or colour on every one who possesses the necessary qualifications. Nor do ministers see how it would be possible to draw any line which should in this Colony exclude persons from the franchise simply on the ground of colour or race. The exercise of the privilege thus bestowed has been unattended with any inconvenience, and it would probably be unwise to disturb an arrangement which has on the whole worked well, by the introduction of a change which could scarcely fail to convey to the minds of those most interested, erroneous impressions and which might very possibly stir up those feelings of race which it has been the object of this Government to allay. 15. At the same time there are large masses of natives now under the rule of and living adjacent to this Colony to whom the franchise has not been extended, and to whom it might not be considered advisable at present to extend it. The mode of government of these wholly native territories under any scheme of general union will require careful consideration and special provisions. In other States also it may be that the franchise should not for the present be extended to those who do not now enjoy it ; but this would also seem to be a matter for arrangement when a union is discussed. - 16. The provision in the Bill which regulates the proportion of representation according to population, and which proposes in estimating the number of population for that purpose to omit the natives, will, ministers submit, scarcely meet the circumstances of the case. It will be only necessary to point out the hardship which under this rule would accrue to the Colony of Natal, which with a small white population would under the provisions of the Bill be entitled to a representation wholly incommensurate with its revenue and resources, which are certainly deserving of greater consideration than the mere numbers of the white population would warrant. Possibly this difficulty might be overcome by some proportional value being assigned to the natives as a unit of population, in a similar manner to that adopted in |the old American constitution; but ministers would submit that this question is also. one which would be better left to that settlement of terms which must precede union unfettered by any prescribed rules. -- 17. With reference to the provision for a nominated Upper House in the Union Legislature, ministers would, without entering into a discussion on the relative merits of an elective and a nominated Chamber (a matter on which it is unnecessary to observe the very gravest difference of opinion exists), point out that up to the present time in the only South African State with a second Chamber, that body has been elective. A question of this kind, ministers submit, could not be satisfactorily settled by an Act of the Imperial Parliament, but should rather be regarded as a measure of V domestic reform to be adjusted after being carefully considered and discussed in this COUntry. 18. #he effect of the measure as submitted for their consideration in its present form will be, as ministers conceive, to abrogate, on the union of any State or Colony with the Colony of the Cape of Good Hope, the constitution which Her Majesty has been graciously pleased to bestow on this Colony, and to substitute for that constitu- tion a legislature elected under the provisions of the Bill. If this were absolutely necessary, however much ministers would deplore it, they might feel inclined to yield; but seeing that this Colony is from its size, the number of its population, and its resources, by far the most important of the South African communities, and to a great extent may be considered as the parent of those communities, such a measure seems 9 unnecessarily sweeping, and ministers do not consider it would be either necessary or desirable. - s 19. They would, on the contrary, submit for the consideration of the Right Honourable the Secretary of State for the Colonies, that in their Opinion the end and object aimed at by Her Majesty's Government, and in which ministers concur, might be attained in a more simple, and they venture to think in a more effectual manner by preserving the Parliament of the Cape of Good Hope, and providing for the representation therein by the State or Colony willing to join in the union of members elected by such State or Colony ; and the said Parliament might, after such union, be called the Union Parliament ; the number of members to be returned by such State or Colony, and the terms upon which the local government of such State or Colony and the larger Colony would be carried on, respectively to be settled by -mutual agreement, and to be ratified by Proclamation or Order in Council, as provided in clause 3 of the Permissive Bill. 20. Subject to this general provision they would propose that the whole arrange- ment of details should be left for settlement by the parties to the proposed union, rather than that they should be fixed by the proposed Bill, the provisions of which in this respect, by provoking discussion and criticism, are likely to detract from its utility as a purely permissive Bill. - - * * 3 * > + 3 + 21. In placing the foregoing observations before the Right Honourable the Secre- tary of State for the Colonies, ministers are aware that his Lordship is not insensible to the very grave difficulties which surround the subject, and the many delicate ques- tions involved in the proposed union. They join with him, however, in hoping for an early and favourable solution to those difficulties, and assure him of their desire to assist such solution, and they trust that the result may bring increased prosperity to the various communities of South Africa, and by so doing tend to the general welfare of the British Empire. (Signed) J. C. MoLTENO. *===s*s-sºe ºssºmsºmºsºs Enclosure 2. JVote. [I note for Mr. Molteno's information the following remarks as they occurred to me on a first perusal of the Draft Minute on the Secretary of State's Despatch of the 14th December 1876. They may be enlarged or modified after I have had an opportunity of more fully discussing the question with ministers.] º: (Signed) H. B. E. F. Para. 6. As regards details which the Minute states are too minute or elaborate in the Bill, only three short paragraphs are specifically referred to as examples, and in each of these paragraphs it is evident that, though it may be argued that it is quite safe to leave the subjects referred to in them to be settled by the Legislatures to be hereafter created, there is a very obvious convenience, in settling the constitution of such legis- lative bodies, to prescribe, before the Legislature assembles, the manner in which the members shall vote, and how the mouthpiece of the body shall be elected. Unless this be done there is an obvious risk of unseemly disorder and confusion at the early meetings. Para 8. * It seems to me difficult to initiate any measure of confederation without some preliminary settlement of this point. Paras. 9–12. - All these different conditions clearly admit of being discussed and settled beforehand, as was done in the case of Canada. * Para, 17. The course would not differ from that followed in all constitutional countries where such nominations are made in accordance with the advice of ministers representing the majority in an elected Chamber. “A question of this kind on.” It is with this view that Lord Carnarvon has sent the Bill out here to invite comment and suggestions. *-----------. --~ -------- *-*-**** * Sic, F 612 B 10 In dealing with the diversely constituted elements of a United South Africa, the sanction of the Imperial Parliament seems, as he notes in his Dispatch, indispensable to the main lines of the New Constitution. Paras. 19, 20. - -: However well the plan here proposed may suit the Cape Colony, will it equally well suit the other possible Confederates? Unless it does so, the object of the Draft Bill will hardly be attained. But if the course proposed in para. 20 is to be recom- mended for adoption, it would be necessary to have a detailed sketch of the measure preferred by the ministry of the Cape Colony. Without this I hardly see how the Secretary of State can possibly judge of the probable effects of such a measure. + Such a sketch would be equally essential to any consideration of the measure by the parties concerned, as is proposed in para. 20. No. 2. LIEUT.-Governor BULWER, K.C.M.G., to the EARL OF CARNARVON. (Received 4th June 1877.) Government House, Maritzburg, Natal, My LORD, 30th April 1877. ON the receipt of your Lordship's Despatch of the 21st December last,” enclosing copies of a despatch addressed by your Lordship to Sir H. Barkly on the 14th of the same month, and of the draft of a bill which it is proposed to submit to the Imperial Legislature for the purpose of enabling the Colonies and States in South Africa desiring confederation to unite themselves under one Government and Legis- lature, I caused it, together with its enclosures, to be forthwith published in the official gazette of this colony for general information. * 2. In your Lordship's despatch to me a desire was expressed that the important question dealt with in the above-named papers should receive at an early date the consideration of the Government and Legislature of this Colony. Unfortunately the Legislative Council had been prorogued by me not long before, on the 11th November, after a session of nearly three months’ duration; and as your Lordship's instructions did not indicate the necessity of summoning the Legislature to a special session for the purpose of considering the subject referred to, and as for various reasons it was not advisable to take this step without absolute necessity, I have been obliged to defer bringing the matter before the Legislative Council till their next ordinary session, which will be held as soon as it is possible for the Government to prepare the public business of the country. . - 3. In the meantime, I have laid the papers before the Executive Council, who have not failed to give to the subject the attention that it demands; and I have now the honour to forward copies of a Minute of Council, which contains an expression of the views of the Council upon the draft Scheme, and which I beg most respectfully to submit here with for your Lordship's information and consideration. - I have, &c. The Right Hon. the Earl of Carnarvon, (Signed) HENRY BULWER, &c. &c. &c. Lieutenant-Governor. (Confidential.) MINUTE OF THE ExECUTIVE Council on THE PERMISSIVE CONFEDERATION BILL. THE Council have carefully considered the Permissive Confederation Bill, and the accompanying explanatory Despatch from the Secretary of State [dated Dec. 14, 1876], and are unanimously of opinion that the political changes embodied in the Bill, namely, a Confederation of the Colonies and States under one Central Administration for general affairs, and under Provincial Administrations for local affairs, cannot but tend to the common welfare and advancement of South Africa, and to the secure and progressive government of each of the several countries concerned. The Council consider that such a Confederation as is sketched out in the Bill, with its result of a Native Policy adminis- tered by a Central Government, strong and removed from local bias and considerations, cannot but prove of the highest benefit to all the countries concerned. Confederation cannot fail to remove causes now retarding the prosperity of countries which, though * No. 4 of [C. 1732] of April 1877. 11 adjacent to each other, are yet joined by no sufficient connecting link. The strength and resources of the Central Government will be equal to various political and administrative reforms in native affairs which might long remain beyond the reach of a local Depart- ment. On the white inhabitants of the colony, direct benefits of no Ordinary character will be immediately conferred. The intercolonial free-trade which Confederation will establish will increase the prosperity of the Natal planters. The large scale and uniform system under which immigration will be conducted by a South African Government, with its Agent-General in London, will strengthen the numbers of the white population of the Colony more rapidly than local efforts; while Harbours, Railways, Telegraphs, and other Public Works of an intercolonial nature may be expected to be pushed on with increased vigour. The local affairs of the Colony will be entrusted to the elected Chamber provided under the Bill. Political education and material development will thus advance hand in hand, and every Colonist will have before him, not only the ambition of taking a part in the government of his own province, but the still higher prospect of winning his way to the Union Parliament, and assisting in the conduct of the general affairs of South Africa. 2. Passing from the abstract question of Confederation to the details of the Bill itself, the Council find that many important matters are left to be entirely settled, or varied as may be found necessary, by Proclamations or Orders in Council to be issued after ascertaining the wishes of the provinces and legislatures concerned. To these wishes regard is to be paid, and they are to be followed as closely as possible. By this means many difficulties are removed beforehand, and it is rendered unnecessary that this Council should discuss the points thus left to be agreed upon and arranged by the legislatures of the Colonies or States which may decide to take advantage of the Bill. 3. The principal matters provided for in what may be called the open clauses of the Bill, are:— Clause 6.—The division of the Union into Provinces. Clause 20.-The number, allocation, qualification, and the terms, but not the mode, of appointment, of Members of the Legislative Council, or Upper House of the Union. : } - Clause 31.-The division of the Provinces into Electoral Districts for the purpose of returning Members to the House of Assembly, or Lower House, the allot- ment of Members to each District, the qualification of Members, and the regulation of the eleetions. - Clause 50. The numbers of the Members to be elected to the Provincial Councils. Clauses 52 to -54.—The -distribution of Legislative powers between the Union Parliament and the Provincial Councils. Clause 66.-The assumption of Provincial debts by the Union. 4. Though the distribution of Legislative powers is left to be varied by Proclamation or Orders in Council, which are to be framed with regard to the wishes of the Provinces concerned, it is yet laid down with some minuteness in the Bill. It is proposed that legislation upon native affairs shall be the exclusive right of the Central Government, and the Natal Legislature will be anxious to know whether the rights of the Union over native affairs are to extend to the large Hut-Tax annually collected within this Colony, or whether the Tax will still be collected under a local law, and be considered as local revenue. It is apprehended that it will continue to be so collected and considered under the second sub-head of clause 53, which Secures to each Province the direct taxation raised within it for Provincial purposes. It may be thought a question for consideration, however, whether the Union Parliament should not have power to deal, for native purposes, with a certain reserved portion of local native taxation. 5. The open clauses of the Bill do not appear to call for any further remarks, and the Council now pass to the closed sections, or those which lay down in a fixed manner details which cannot, if the Bill become Law in its present shape, be altered without another Act of the Imperial Parliament, at least, before Union shall have taken place. It is upon these details that the Secretary of State will most desire to be placed in possession of the views of this Government. ~ - 6. Excluding matters of a formal nature, and matters on which there is not likely to be difference of opinion in this Colony, the more important of these closed sections of the Bill make provision upon the following points:— Clause 21.—The nomination by the Governor-General of a Legislative Council or Upper House. Clauses 28 to 39.—The representation in proportion to their population, exclusive of African natives, of the Provinces in the House of Assembly, or Lower House. Also a decennial adjustment on the same basis of representation in the Lower House. B 2 12 Clause 45 and 50.—The appointment by the Queen of Provincial Presidents, who are to act as Chairman or Speakers of the Provincial Councils. Clause 50.—Provincial Councils to be annually elected. Clause 57.-The payment of all duties and revenues, except such portions thereof as are reserved to the Provinces by the Act, into a Consolidated Fund for Union purposes. . Clause 61.--The return to each Province of any surplus of the Union Consolidated Fund in proportion to the amount of customs duty levied by the Province on goods consumed within it. - 7. The Council do not consider that the proposal that there should be a nominated Legislative Council for the Union, is one likely to meet with much objection in Natal. This Colony does not possess any Upper Chamber of its own, and the precedents of the Canadian Dominion and of New Zealand will probably be held sufficient to justify a nominated Legislative Council for the Union. 8. The constitution of the Lower House or House of Assembly will be carefully considered by the Legislative Council of this Colony before deciding to take advantage of the Bill. It is proposed that the number of members to be sent to the House of Assembly by each Province should be based on the relative proportion between the population of the whole Union and that of each Province, African natives being excluded from the calculation. As near as can be gathered from the various returns, some of which are far from trustworthy, the population of the different Colonies and States, exclusive of African natives, is as follows:— - Cape Colony * * tº - 369,000 Natal – ºs * tºº – 30,000 Griqualand West º sº - 10,000 Transvaal * * * – 30,000 Orange Free State tºmº tºgº. – 50,000 Total – 489,000 Assuming that all the Colonies and States enter the Union, and that the House of Assembly consist of 100 members, the following would be the relative representation of each Province, one member being lost in making the calculation : Cape Colony gº * -º iº - 75 Natal &= º ſº * – 6. Griqualand West gº ſº tº * - 2 Transvaal – * = * – 6 Orange Free State - 10 Total - 99 In the opinion of the Executive Council, neither the Colony nor the Legislative Council of Natal is likely to be content with a representation of 6 members in a House of 99. The commerce and industries of this Colony, the revenue and expenditure of its Government, and the presence of a very large tax-paying native population, would seem to entitle it to a stronger representation than is provided in the Bill, which only places Natal on the same footing in the House of Assembly as the much poorer and ruder community of the Transvaal. The Council are of opinion that, unless 10 represen- tatives in the House of Assembly can be given to this Colony, the Natal Legislative Council are not likely to take advantage of the Bill. If this concession be thought desirable, it is suggested that it could be carried into effect by introducing a proviso into the Bill giving arbitrarily to Natal and the Transvaal a minimum of 10 repre- sentatives each until their population should reach the numbers requisite to entitle them to that representation. A minimum of five members might be accorded to Griqualand West; or, which would in effect be the same, no Province need be named, but a proviso might be added to Section 28 enacting that in no case shall a Province with a population of over 20,000 send less than 10 members to the House of Assembly, or a Province with a population of over 10,000 send less than 5 members. Under this arrangement a House of Assembly of 100 members would stand thus:– Cape Colony º wºes, tºº – 65 Natal sº tºº º gº – 10 Griqualand West * tºº * - 5 Transvaal – tº: iºns * - 10 Orange Free State *s. lºt. - 10 * Total - 100 13 9. Should the above suggested rule as to a minimum be thought to provide for an excessive representation of the Transvaal or Griqualand West, the Council are of opinion that the case of Natal is sufficiently strong to warrant special and separate provision being made for it in the Bill, and that in consideration of its trade and commerce, its public revenue and expenditure, and its superabundant Native tax-paying popu- lation, four additional borough members should be allowed to be chosen, two each for Durban and Pietermaritzburg, the remaining six members being returned for the Counties. 10. There is also another method by which the weak representation which the Bill as it stands will give to this Colony in the House of Assembly of the Union could be remedied. The exclusion of “African Natives '' from the electoral computations, contained in the 82nd Clause of the Bill, reduces the population of Natal at Once from nearly 400,000 to 30,000 for the purposes of representation in the Lower Chamber of the Union, and it might be worth while considering whether the computed population of a Province having a large tax-paying Native population could not be strengthened, after counting the numbers of the non-African population, by allowing a certain addition in respect of the amount of direct taxes collected from the Kafirs. Taking the direct taxes paid by Kafirs in Natal at £60,000 a year, and adding 50 to the sum of the non-African population for every £100 of tax collected, the Natal Census for the purpose of representation in the Lower House of the Union would be raised to 60,000, which would give the Colony 12 members, according to the computation before made. If this suggestion were acted upon, there would be some increase also in the reckoned population of the other Colonies, and the scale adopted for the purpose of this example would need adjustment. 11. The Council cannot but think that the details affecting the proportionate repre- sentation of the Provinces in the Lower House of the Union would be best settled on the spot by conference between the Governments and the Legislatures of the Colonies which may propose to join the Union. While, therefore, offering the above several suggestions, the Council are still of opinion that the better course to pursue would be to avoid making absolute the clauses referring to the representation of the Provinces in f j | ſ | the Lower House, namely, Clauses 28 to 39, and Clause 82, and to treat them in the same manner as Clauses 52, 53, and 54, leaving them subject to variance by Proclamation or Order in Council issued under Clause 3. -------" " 12. There is not likely to be any serious objection in this Colony to the Provincial Presidents as proposed in the Bill. The Council remark that the Bill does not appear to provide for the exercise of Executive power in the Provinces. The duties of the President are not detailed, nor the constitution of the Provincial Governments, and it is presumed that these points are left to be locally settled, and that all Provincial details will come within the “any other matters,” in respect to which Section 3 empowers the issue of a Proclamation or Order in Council, to be framed in accordance with the representations of the Local Legislatures. 13. The Council doubt the expediency of annual elections to the Provincial Councils, and would suggest that these local chambers should be made at least triennial. 14. Power to amend the Provincial Constitutions does not appear to be conferred on the Local Chambers, as in the Canada Act. The Council would suggest for consider- ation whether this power should not be given to the Local Chambers. 15. With regard to Clause 57, the Council would venture to suggest that, for clearer information a Schedule should be attached to the Bill, showing exactly what duties and revenues would, under the proposals contained in Clauses 52 to 54 and elsewhere in the Bill, be paid over to the Consolidated Fund of the Union and what reserved to the Provinces. The Council notice that a Schedule has been given of the Public Works and Property which would be vested in the Union Government under the proposals of the Bill, and the Council suggest that a similar Financial Schedule might be added with advantage. 16. The Council acknowledge with regret that there does not appear to be any method by which the vast Native Population of South Africa can be directly represented in the main branch of the Legislature, the House of Assembly, the elected Chamber of the Union. For many years to come the Electoral Franchise can only be possessed by an insignificant number of Natives, and for this reason the Council desire to answer very strongly in the affirmative the question raised by the Secretary of State in the Despatch accompanying the Bill, namely: “Whether in the appointment of Members of the Legislative Council a certain number of seats should not be assigned to persons to be selected with special reference to their knowledge of Native feelings and require- ments, so as indirectly to Secure an advocacy and representation of Native interests in the general Legislature.” - aw--" _--~~~ .** -...--~~~ B 3 14 May 1877. 17. The Council observe the following misprints or oversights in the Bill:— The word “and” in line 25, on page 1, is probably a misprint for “or.” The “name and designation " of the Union are left, by Clause 3, to Her Majesty's pleasure; yet in line 23 of page 2, and in line 16 of page 13, the Union is styled “the Dominion.” 3. The words “the majority’s ” on line 8 of page 3, appear to be a misprint for “Her Majesty’s.” In Clause 50 it appears that the words “elected annually ” should be placed after the word “Councillors,” the word “and,” at the beginning of the fifteenth line, being erased. The Oath of Allegiance contained in the Schedule to the Bill is not in conformity with the “Promissory Oaths Act, 1868.” A true Extract from the Minutes of the Council, (Signed) W. H. BEAUMONT, Executive Council Chamber, Natal, Acting Clerk to the Executive Council. 24th April, 1877. No. 3. GOVERNOR SIR. B. FRERE, BART., G.C.B., G.C.S.T., to the EARL OF CARNARWON. (Received 8th June 1877.) My LORD, Government House, Cape Town, 15th May 1877. REFERRING to your Lordship's despatch of the 12th ultimo,” enclosing copies of your Lordship's Draft Bill “for the union under one Government of such of the South “ African Colonies and States as may agree thereto, and for the government of such “ Union; and for purposes connected therewith,” I have the honour to inform your Lordship that I lost no time in laying them before my ministers, and now have the honour to transmit for your Lordship's information copy of their Minute on the subject. I also forwarded by the first post copies of the Draft Bill to his Honour the President of the Orange Free State, according to your Lordship's directions, and to Sir Theophilus Shepstone. I have, &c. - (Signed) H. B. E. F.R.ERE, The Right Hon. the Earl of Carnarvon, Governor. &c. &c. &c. * * Colonial Secretary’s Office, Cape Town, (Minute.) Cape of Good Hope, 14th May 1877. , Ministers have the honour to return to His Excellency the Governor the Right Honourable the Secretary of State's Despatch, No. 352, dated 12th ultimo, submitting a revised draft of the Bill “for the union under one Government of such of the South “ African Colonies and States as may agree thereto, and for the government of such “ Union; and for purposes connected there with.” Ministers notice that several not unimportant details have been modified in accord- ance with the views expressed in their Minute dated 15th March last. They are still of opinion that the object sought to be attained by the proposed measure, namely, the union of the several Colonies and States of South Africa under a central Government with reserved powers of local administration, would be more conveniently carried into effect under the provisions indicated in the Minute above referred to. Ministers postpone any lengthened remarks on the measure now submitted until they shall, have been favoured with his Lordship's observations on their communication of the 15th March. ...” They feel it, however, their duty to draw the attention of the Right Honourable the Secretary of State for the Colonies to the fact that not only is there no provision in the revised draft for the incorporation of Griqualand West with the Colony under the existing constitution, a course which has received his Lordship's approval, but the retention of the seventy-first clause in its present form seems rather to indicate that union under the provisions of the Permissive Bill is the course determined on. (Signed) J. C. MOLTENO. * No. 17 of [C. 1732] of 1877. 15 No. 4. The EARL OF CARNARWON to GovIRNOR SIR. B. F.R.E.R.E., G.C.B., G.C.S.I. SIR, Downing Street, 14th June 1877. I HAVE to acknowledge the receipt of your Despatch, of 15th May,” for- warding a Minute for Ministers on the subject of the Draft Bill for the union under one Government of such of the South African Colonies and States as might agree thereto, which was transmitted to you in my Despatch of the 12th April. Your Ministers will before now have learnt that their remark as to the retention of Griqualand West in clause 71. Of the revised Bill has been anticipated by an amend- ment which I made in the House of Lords by which the name of the province has been struck out, while a new clause has been inserted on my motion which will enable the object they desire to be effected. I have, &c. To Governor Sir B. Frere, G.C.B., G.C.S.I. (Signed) CARNARWON. No. 5. LIEUTENANT-GOVERNOR SIR. H. BULWER, K.C.M.G., to the EARL OF CARNARVON. (Received 25th June 1877). Government House, Maritzburg, Natal, My LORD, 1st May 1877. Your Lordship will gather from the Minutes of the Executive Council, for- warded in my Despatch, of yesterday's date,f on the subject of the Draft Permissive Confederation Bill, that in the opinion of the Council that portion of the scheme which provides for and regulates the representation of the different Provinces of the Union Parliament is one that is not unlikely to present a serious obstacle in the way of the acceptance by this Colony of the advantages offered by the measure. 2. Under the provisions of the Bill (sections 28 and 82) it is proposed that each Province of the Union shall be represented in the Union House of Assembly according to its population, excluding, however, natives of Africa; and as the popu- lation of Natal numbers, say, 380,000 souls or thereabouts, of whom perhaps 350,000 are natives of Africa, it follows that the representation of the Colony would be upon the remaining 30,000 persons only, of whom it may be noticed 20,000 or thereabouts are Europeans of European descent, and 10,000 or thereabouts are Indian or other immi- grants. It is calculated that upon this basis, in any Union comprising the Cape Colony, Natal, Griqualand West, the Transvaal, and the Orange Free State, Natal would be represented by six members only in a House of Assembly of 100 members, and it is very strongly felt here that this would be a representation of the Colony altogether unequal to its circumstances and the largeness of its interests. 3. It would indeed be difficult to suggest a basis of representation that would not be open to some objection or other, and it would perhaps be difficult also to suggest any basis better than the One proposed, namely, that of population ; and again, if the popu- lation basis be accepted, it must be admitted that the mass of the native population, not being in a position to be directly represented itself, could not well be included in the population upon which the number of representatives would be determined, because the effect of including it would be simply this, -that while the Colony would in that case send representatives proportionate in number to a population of, say, 380,000, the repre- sentatives would really be elected by the 20,000 Europeans only. But on the other hand, it is, I think, unquestionable that for Natal to be represented only in proportion to its European population (or in proportion to its European and Indian populations, as is contemplated by the Bill,) would fail to be an adequate representation of the Colony, having regard to its circumstances and conditions, its total population, its position, its seaport, its trade, commerce, revenue, and expenditure, its public works now commencing on a large scale, and its varied interests. 4. The suggestion of the Executive Council, your Lordship will perceive, amounts to this, that Natal should have not less than 10 members in a House of Assembly of 100 members, or in such proportion; and this representation would, I believe, sufficiently meet the justice of the case, although how the representation can be so adjusted may perhaps be a matter of some difficulty. * No. 3. B f No. 2. 4. 16 It has been suggested that the best course will be that a minimum number of repre- sentatives should be arbitrarily fixed in the cases of Provinces whose circumstances and interests are far beyond the bare numbers of their European populations. 5. But besides the question of the number of members by whom this Colony should be represented in any Union House of Assembly, the terms of the 28th and 82nd sections of the Bill suggest two other questions in connexion with the proposed exclusion of natives of Africa from the population basis of representation. 6. The 82nd section referred to excludes all natives of Africa, absolutely, without distinction, and without recognising any difference between natives who may acquire property and conform, wholly or in part, to the customs, usages, and requirements of European civilisation, and natives who remain in a tribal condition, and do not conform to those customs, usages, and requirements. This important subject, indeed, has not been lost sight of by your Lordship, but is especially referred to in the Despatch to Sir H. Barkly which accompanied the Bill, where the propriety of not excluding natives who have qualified themselves by education and successful industry from all voice in the administration of affairs is fully recognised, although it is not considered desirable that at present they should be directly repre- sented in the Legislative Assembly of the Union, it being suggested, however, that they might be allowed to vote in the election of members of the Provincial Councils. The question is one that is certainly attended with some difficulties; but admitting that it may not be advisable to include yet awhile the class of natives referred to, in the population upon which the numbers of representatives in the Union Assembly will be determined, and that it will be sufficient at first to admit this class to a share in the election of members for the local or provincial Councils, itself a step in advance of considerable importance,—I would venture to suggest for your Lordship's consideration whether it may not be well so to modify the terms of the 82nd section as, at all events, to recognise a distinction between the two classes of natives, whilst leaving the future inclusion of the higher class as part of the representative population to be dealt with hereafter by the Union Parliament. 7. Again it is to be noticed that whilst the 82nd section excludes from the represen- tation basis all natives of Africa absolutely and expressedly, it tacitly and virtually admits the Indian immigrant population. It thus excludes the people belonging to the soil, attached to the soil, and having a permanent interest in the country, and admits those who are strangers, who for the most part come to the Colony for but a short term of years and then return home to India, and who have no permanent stake or interest in the country. It is submitted whether to make so marked a distinction as this between the two races, to the disadvantage of that one which belongs to the soil, is not open to objection; and I would suggest whether this distinction between the two races may not be avoided by making a distinction between Indian immigrants who after the period of their indenture remain and settle in the country and those who are indentured and cannot be considered as resident in the country. In respect of this class of natives of India in whose favour the distinction is suggested it might be sufficient, as in the case of the natives of Africa, to leave their admission into that portion of the population which forms the basis of representation to be dealt with hereafter by the Union Parlia– ment; but in the meantime the distinction would be made in the Bill,—no longer between the natives of Africa. On the One side and the natives of India on the other, to the disadvantage of the former, but between the qualified and unqualified classes of both races. 8. So far as regards the representation of Natal in the Union House of Assembly the above suggested modification would of course still further reduce the population upon which, according to the Bill, the number of its representatives would be determined, b excluding also the greater portion of the Indian immigrant population; but the modifi- cation would remove a perhaps invidious distinction which the Bill makes between the natives of Africa and the natives of India, and at the same time open the way for the future admission of natives of both races who may qualify themselves for admission; whilst to meet the difficulty in the way of obtaining a fair representation of this Colony, —a representation which its position and circumstances entitle it to claim, this might be done by a proviso that having due regard to that position and those circumstances, Natal should have a minimum representation of one tenth in the Union House of Assembly, in any Union composed of the Cape Colony, Natal, Griqualand West, the Transvaal, and the Orange Free State, or in such proportion in any Union not com- prising all those Colonies or States. 17 9. If it be objected that where a rule is laid down it is not advisable to depart from or to make an exception to that rule, it may be answered that the rule in this case is that of representation by population, and yet the rule is immediately departed from in limine by excluding eleven-twelfths of the population in Natal, and that if a reason exists and be admitted for making that exception, a reason, if one exists, may surely be admitted for making a further exception ; in other words, if there be a valid reason, where the basis of representation is one of population, for not allowing Natal to be represented according to her population, there is most assuredly an equally valid reason for allowing her instead to be represented in some degree according to her circumstances and conditions. Such an exception might at all events be made to hold good for the first decennial period, leaving the rule to come into more stringent force after that period, unless otherwise provided by the Union Parliament during the interval. I have, &c. - (Signed) HENRY BULWER, The Right Hon. the Earl of Carnarvon, Lieutenant-Governor. &c. &c. &c. - No. 6. The EARL OF CARNARVON to LIEUTENANT-Governor SIR. H. BULWER, K.C.M.G. SIR, Downing Street, 30th June 1877. I HAVE received your Despatch of 1st May,” and I have to express my thanks for the able observations with which you have favoured me on the subject of the Draft South Africa Bill enclosed with my Despatch of 21st December last.f You will have perceived from the amended Bill forwarded with my Despatch of 12th April that your views had already been acted upon ; but I am none the less obliged to you for the care with which you have considered the whole question. I have, &c. To Lieut.-General Sir H. Bulwer, K.C.M.G. (Signed) CARNARVON. No. 7. *. PRESIDENT BRAND to the EARL OF CARNARVON. (Received 6th July 1877.) Bloemfontein, Orange Free State, My LORD, 29th May 1877. I AVAIL myself of the earliest opportunity to inform your Lordship that I have, in compliance with my promise made to His Excellency Sir Henry Barkly, in my letter of the 29th January last, laid before the Volksraad now in session, copy of your Lord- ship's Despatch of the 14th December last,f enclosing draft of the Bill, which your Lordship proposed to submit to the Imperial Legislature, for the purpose of enabling the Colonies and States desiring confederation under one Government and Tuegislature. I have also submitted to the consideration of Volksraad the Despatch of His Excellency Sir Bartle Frere of the 7th instant, received after the opening of the session of the Raad, enclosing copy of your Lordship's Despatch of the 12th April last, $ and of the revised draft of the Bill for the union under one Government of such of the South African States and Colonies as may agree thereto. w The Volksraad, having taken the subject into their earnest consideration, and, although they are fully convinced of the good intention with which your Lordship has offered them to come into this union, they nevertheless do not feel themselves at liberty to accede to an union by which they would have to sacrifice the independence of this State and its inhabitants, an independence to which they are sincerely and ardently attached, and which they highly value as a precious treasure bestowed upon them by Her most gracious Majesty the Queen. But they most cordially declare themselves ready and willing, as they have always hitherto done, to continue to maintain the good understanding between Her Majesty and this Government, and to co-operate as far as their own interests will permit, to promote the general welfare of South Africa, as your Lordship will perceive from the enclosed copy and translation of the Resolution of the 26th instant. - * No. 5. f No. 4 of [C. 1732] of April 1877. i No. 3 of same Paper. § No. 17 of same Paper. F 612. - C I8. I have also sent a copy and translation of the Resolution to His Excellency the High Commissioner, and have requested His Excellency to have the goodness to forward the letter to your Lordship. I have, &c. The Right Hon. the Earl of Carnarvon, (Signed) J. H. BRAND. &c. &c. &c. 2 Translation of the Resolution. ExTRACT from the MINUTEs of the HoNouTABLE the VOLKSRAAD, dated 26th May 1877. Under discussion paragraph 28 of the Speech. " Moved by Mr. T. de Williers. Seconded by Mr. J. J. Venter. The Volksraad of the Orange Free State, having taken into consideration paragraph 28 of the opening speech of the State President, and the Despatches of the 14th De- cember 1876, and the 12th April 1877, and the Permissive Bill for the Confederation of the Colonies and States of South Africa, transmitted by the Right Honourable the Earl of Carnarvon to this Government, and being convinced that the invitation given by his Lordship to this State to accede to the union proposed in that Bill has been made with the best intention, declares however, * That the cherished jewel bestowed by Her most gracious Majesty the Queen of Great Britain on this State, viz., the independence of the inhabitants, is too highly esteemed by them easily again to abandon that valued treasure. The Raad being at the same time bound by their oath and duty, cannot accede to an union by which this State would have to sacrifice its independence, but they cordially declare themselves, as hitherto, ready and willing to continue to cultivate the best understanding between Her Britannic Majesty's Government and this Government, and in so far as may agree with the interests of this State to assist in promoting the general interests of South Africa. - Carried. A correct translation. & (Signed) |F. K. HöLME, Government Secretary. No. 8. GovIRNOR SIR. B. FRERE, BART., G.C.B., G.C.S.I., to the EARL OF CARNARVON. (Received 6th July 1877.) Government House, Cape Town, My LORD, 12th June 1877. I HAVE the honour to transmit for your Lordship's information, copies of a letter* and its enclosure, which I have received from His Honour the President of the Orange Free State, on the subject of the resolutions passed in the “Volksraad’ of that State on receiving from the President the copy of your Lordship's Despatch of the 14th December last, containing the draft of your Lordship's South African Confederation Bill. I shall have the honour of forwarding to your Lordship on another occasion some further remarks on his Honour's letter now enclosed. I have, &c. 3. (Signed) B. H. E. FRERE, The Right Hon. the Earl of Carnarvon, Governor, and H. M. High Commissioner. &c. &c. &c. No. 9. The EARL OF CARNARVON to PRESIDENT BRAND. SIR, - Downing Street, 16th July 1877. I HAVE the honour to acknowledge the receipt of your Honour's Despatch, dated the 29th May last,” in which you inform me that the Volksraad of the Orange Free # No. 7. SIR, - sº 19. y ~: . . . State do not feel themselves at liberty to enter into the proposed South African Confe-) deration, and I have pleasure in expressing the satisfaction which I have felt at the courteous and friendly terms in which your Honour's communication is couched. - I have, &c. To President Brand. (Signed) CARNARVON. No. 10. The EARL OF CARNARVON to Governor SIR. B. FRERE, BART., G.C.B., G.C.S.I. * - Downing Street, 16th July 1877. - I HAVE the honour to acknowledge the receipt of your Despatch of the 12th of June,” enclosing a copy of a letter from the President of the Orange Free State in which he notifies the refusal of that State to join in the proposed South African Confederation. . . . . . . . . . . The terms of President Brand's communications appear to me to be satisfactory, and I shall be obliged by your transmitting to him the inclosed Despatch f in reply to that which I have received from his Honour upon the same subject. ... " I have, &c. .* To Governor Sir B. Frere, Bart., G.C.B., G.C.S.F. (Signed) CARNARVON. - - - - , No. II. - The ABORIGINES PROTECTION SOCIETY to COLONIAL OFFICE. My LORD, . . . . 20th July 1877. I AM requested by the Committee of the Aborigines Protection Society to forward to your Lordship a memorial having reference to the position of the natives of South Africa under the Confederation Bill. Your Lordship will perceive that it is influen- tially signed, and the committee hope it will receive your favourable consideration. It was found impossible to get the documents enclosed actually signed by the memo– rialists, but in every case they have authorised their names to be appended to it. . - • I have, &c. The Right Hon. the Earl of Carnarvon. (Signed) F. W. CHESSON. To the Right Honourable the Earl of Carnarvon, Her Majesty's Principal Secretary of State. WE beg respectfully to address your Lordship on the subject of the proposed establishment in South Africa of a Confederation of Colonies and States. We observe with great regret that your Lordship in a despatch addressed to his Excellency Sir Henry Barkly on December 14th expresses an opinion against any direct representation of natives in the Legislative Assembly of the Union. - We have no desire to see masses of uncivilized men invested with political rights which they would be wholly unable to exercise in either a responsible or an intelligent manner, but we venture to submit on the ground alike of justice and of policy that native Africans who have acquired both education and property should not be excluded from the possession of the elective franchise. We understand that in this particular no distinction of race is recognized in the Australian Colonies; while in the Cape Colony itself, as well as in New Zealand and in the Dominion of Canada, equal civil and political privileges have long been placed, with the best results, within reach of such individual members of aboriginal race as are able to comply with the requirements of the law. We think it is of the utmost importance that when a new constitution is in course of being framed for a country in the position of South Africa the organic law of the state should embody the principle of an equality of rights without regard to colour or race, leaving the principle itself to be applied only to those natives who have qualified them- selves for the satisfactory performance of the duties of citizenship. We therefore earnestly hope that your Lordship will take steps to ensure to the civilized portion of the coloured population of the British dependencies in South Africa, * No. 8, f No. 9. G 2 - 20 civil and political privileges similar to those it may be intended to confer upon persons of European descent. We feel that such a policy would entirely accord with the spirit which has hitherto characterized your Lordship's administration of native affairs. (Signed) \, We have, &c. EBURY. CHARLES DARWIN. ALFRED SPENCER CHURCHILL. H. P. LIDDON, Canon of St. Paul's. SAMUEL GURNEY, President of the Abori- gines Protection Society. C. J. WINGFIELD, K.C.S.I. EDWARD FRY, Judge of the High Court. T. FOWELL BUXTON, Bart. ROBERT MOFFATT, D.D. GEORGE YOUNG, Bart. C. J. ABRAHAM (Bishop). CHARLES W. DILKE, Bart., M.P. MARK J. STEWART, M.P. H. M. HAVELOCK, Bart., M.P. EVELYN ASHLEY, M.P. HENRY FAWCETT, M.P. J. FARLEY LEITH, Q.C., M.P. J. CHAMBERLAIN, M.P. GEORGE ANDERSON, M.P. THOMAS BAZLEY, Bart., M.P. A. J. MUNDELLA, M.P. RICHARD SMYTH, M.P. W. McARTHUR, Aldn., M.P. LEONARD H. COURTNEY, M.P. ARTHUR. KINNAIRD, M.P. JOHN SIMON, M.P. (Serjeant-at-Law.) PETER. RYLANDS, M.P. P. A. TAYLOR, M.P. D. McLAREN, M.P. WALTER. H. JAMES, M.P. S. MORLEY, M.P. A. McARTHUR, M.P. EDWARD JENKINS, M.P. T. ROWLEY HILL, M.P. C. H. HOPWOOD, Q.C., M.P. E. A. LEATHAM, M.P. JOHN WHITWELL, M.P. E. T. GOURLEY, Lieut.-Col., M.P. G. OSBORNE MORGAN, Q.C., M.P. ERNEST NOEL, M.P. A. H. BROWN, M.P. F. PENNINGTON, M.P. T. B. POTTER, M.P. HENRY RICHARD, M.P. JOHN CORBETT, M.P. J. W. PEASE, M.P. B. WHITWORTH, M.P. S. D. WADDY, Q.C., M.P. E. J. REED, M.P. R. ALEXANT).E.R., General. P. BENSON MAXWELL, Knt. JAMES ANDERSON, Knt. R. N. FOWLER. JOHN E. E.RSKINE, Admiral. EDWARD PEASE, Darlington. JOSEPH COOPER, Walthamstow. EDWARD WILSON, Hayes. JAMES HEYWOOD, F.R.S. J. WESTLAKE, Q.C., LL.D. 21. A. K. ISBISTER, LL.D. FROOME TALFOURD, Wandsworth. JOSEPH MULLENS, D.D. P. W. BUNTING, Lincoln's Inn. E. LYULPH STANLEY. F. W. CHESSON. SHELDON AMOS, M.A. J. B. BRAITHWAITE, Lincoln's Inn. THOMAS HUGHES, Q.C. EDMUND STURGE. WILLIAM SHAEN. ROBERT SHAW, Major-General. H. FELL PEASE, J.P., Darlington. EDWARD BACKHOUSE, Sunderland. JAMES PEEK, Torquay. A. BUZACOTT. RICHARD SMITH, Tincoln’s Inn. G. L. NEIGHBOUR, 127, High Holborn. W. A. HUNTER, Temple. F. S. TURNER, Wimbledon. STAFFORD ALLEN. ARTHUR ARNOLD. JOSEPH HUNTLEY, Reading. G. S. GIBSON, Saffron Walden. GEORGE STURGE, Sydenham. THOMAS HARVEY, Leeds. GEORGE PALMER, Reading. JAMES DAVIS, D.D. No. 12. COLONIAL OFFICE to ABORIGINES PROTECTION SOCIETY. SIR, Downing Street, 24th July 1877. I HAVE laid before the Earl of Carnarvon your letter of the 20th instant,” enclosing a memorial from the Committee of the Aborigines Protection Society relating to the position of the natives of South Africa under the South Africa Confederation Bill. His Lordship desires me to state that he has always sought to give effect to the general principle which he understands the Committee to advocate as to race and colour, namely, that, where no danger would be likely to accrue to public interests, coloured persons of whatever race should, when qualified by education and property, fully share the franchise conferred upon the other colonists among whom they reside. The difficulty, especially in such Colonies as those of South Africa, arises, as the Com- mittee truly point out, in dealing with “masses of uncivilized men,” on whose account quite as much as on those of the whites, it is important to give the franchise with discrimination and care. r Provided that the object can be effected in such a manner, and that no risk is run of swamping the intelligence of the electorate by a “coloured vote,” no one can desire the enfranchisement of the natives more than Lord Carnarvon; and his Lordship is considering the draft of a clause to be proposed in Committee which he hopes will effectually safeguard that which he recognises equally with the Aborigines Protection Society to be a principle of the greatest importance, and will save both whites and blacks from the evils which an unregulated franchise, given without reference to their condition or wants, must Surely produce, as all experience shows. Lord Carnarvon thinks that the Society will admit that the opinion expressed by him in the passage to which they refer of the Despatch to Sir H. Barkly of the 14th December f is quite consistent with the view now explained; although it must always be a matter of extreme difficulty to determine by what particular course the two evils of non-enfranchisement and over-enfranchisement may best be equally avoided. .. - I have, &c. F. W. Chesson, Esq. (Signed) ROBERT G. W. HERBERT. * No. 11. f No. 3 of [C. 1732] of April 1877. C 3 22 No. 13. The EARL OF CARNARVON to Goverson the Right Honourable Sir H. B. FRERE, r BART., G.C.B., G.C.S.I. SIR, - Downing Street, 16th August 1877. THE reports of the proceedings in Parliament will have kept you fully informed of the progress of the “South Africa Bill” which was passed through its remaining stages last week, and has now received Her Majesty's assent. I enclose copies of the Act,” which, as you will perceive, does not differ in any material respect from the draft of the measure as originally introduced, although some alterations have been made, either at the instance or with the consent of Her Majesty's Government, to which it may be convenient that I should direct your attention. - 2. It would be impossible for me in any notice of the passage of this Act through Parliament to avoid all reference to the singular and unprecedented transactions which for some time delayed, although they were not allowed to imperil, its completion. It is not desirable, however, that I should comment at any length on this episode, and I will only observe that the obstructive tactics of the small section of Members who persistently opposed the measure in the House of Commons were obviously not directed against the particular provisions of this measure, with the subject matter of which indeed they did not pretend to have had any opportunities of becoming familiar, but were adopted with reference to supposed Irish rather than to Imperial interests, and were designed to show that a small number of dissatisfied persons could, under the existing rules of Parliament, offer obstacles to the steady progress of any measure which they might select for this purpose. 3. Although much valuable time was thus wasted, the consideration of the Bill was not, as far as I am able to judge, hurried at any stage ; all suggestions deserving of attention were fully examined, and the measure which has now been completed has in both Houses been carried either unanimously or by overwhelming large majorities, whilst it has received in a very remarkable manner the support of all leading men, of whatever party. I may certainly add that the policy of the Bill has been throughout warmly advocated by those statesmen whose experience has specially qualified them to advise Parliament on Colonial Affairs; a fresh and gratifying proof being thus given, not to South Africa only, but to the Empire at large, that important Colonial questions will be discussed by Parliament in no narrow or party spirit. 4. I have deferred my reply to the observations of your Ministers on the original draft of the Bill as contained in the Enclosure to your Despatch, No. 5, of the 17th April, preferring to wait until, after it had assumed its final shape, I should be in a position to speak no longer of what was proposed but of what had been enacted. I need not say, however, that their Minute has received my best attention, and they will perceive that their views and suggestions have been very largely, and in all material points, anticipated or adopted. It is however desirable that I should observe briefly on the two principal representations which have been made by your Government, the first to the effect that a Union under one Government would be preferable to a Confedera– tion containing a number of important Provincial Governments, and the other that any advantages to be secured by Confederation would be dearly purchased if they entailed an abandonment of the existing constitution of the Cape. With regard to the first point, I must observe that, for my own part, looking to the diversities of origin, custom, and language existing among the various communities which it is desired to bring together, I continue to doubt whether the balance of practical convenience will not be found to incline towards leaving a material proportion of local details to be discussed and administered provincially. The Act, however, is so framed as to enable the Crown, after ascertaining the wishes of the communities who desire to confederate, to provide that that degree of importance and authority should be assigned to the Provincial Councils which may best accord with the general view of what is most advantageous. If therefore it should be decided, either at first or at any later time, to concentrate all the principal powers and functions of Government closely under one Chief Legislature, the Provincial Councils can become similar to the ordinary municipal organizations for managing local affairs; while, on the other hand, if, in order to satify local sentiments or requirements, it should seem desirable to entrust the higher responsibilities of Government in a large degree to the Provinces, this also will be equally feasible, As regards the second representation of your Government to which I have referred, I had determined to propose such an amendment of the clause relating to +------- * Printed as an Appendix to this Paper, f No. 1, 23 the constitution of the Provincial Councils as might enable the present Cape Legislature of two Houses to continue to be the provincial legislature, if that Colony should become a single province of the Union; and an amendment of this nature having been proposed, it was accepted by Her Majesty's Government. . . . . . . . 5. I need not enter into any lengthened examination of the remaining amendments in the Act, which cover almost all the points on which your ministers thought alteration to be desirable, as will be seen by comparing their Minute of the 15th March, with the Act as it now stands. A certain number of clauses touching matters of detail and questions which, in my opinion, can be best decided in South Africa, have been omitted. The clause providing for the naturalization, on Union, of persons enjoying the rights of citizenship in either of the Republics was not retained, partly because one of those Republics had already ceased to exist, and, partly because it was deemed, on further consideration, inexpedient to resort to Imperial legislation before the exact circum- stances and requirements of a case which can be sufficiently provided for by local enactment had been ascertained. A clause providing for the future representation of the Natives, but subject to such qualifications and safeguards as may be deemed necessary, has been introduced. I need not observe that there is no subject within the whole range of South African policy which is more important than this. It is not necessary that I should now address you upon it, though I propose to do so hereafter. A clause had been added on my motion in the House of Lords enabling Her Majesty to annex either to the Cape, or to Natal, any territory forming part of Her Majesty's Possessions, but not already so annexed. Your Ministers will have readily understood that this provision had special reference to Griqualand West, which, having a partly representative Council, could not, under the legal opinions of which they are aware, be united to another Colony without Imperial legislation. As there was no question of annexing Griqualand West to Natal, and as there is no other Province or territory at present having representative institutions which could be annexed to that Colony, I did not think it necessary to invite a reconsideration of the amendment made in the House of Commons by which the power of annexation was limited to the case of the Cape. 6. The only other amendment which I need specially notice, is the introduction of a clause limiting the power of the Queen to inaugurate any Confederation or Union under the Act to a term of five years. This clause was proposed by the Right Hon. W. E. Forster (to whom, with others, including almost all those Members of either House of Parliament who have been officially connected with this Department, South Africa is greatly indebted for much care and attention bestowed upon the Bill), and con- sidering the enabling and general character of the measure, the constantly changing circumstances, and the probably rapid development of material prosperity in South Africa, I thought it only reasonable to accept a limitation which, while it affords full time for the consideration of any such action as I hope will now be taken, will, in the event of a prolonged delay in the establishment of a Union, allow the Imperial Parliament to consider again in 1882, whether the arrangements, now generally thought desirable, would then be still appropriate. - * ; : . 7. The prorogation of your Parliament (which I think wisely decided not to discuss the question of Union until the Act, as finally settled, could be laid before it,) will prevent any immediate consideration by them of this very important measure. You have, however, intimated to me your opinion that it might be practicable and useful to arrange for an early meeting of representatives of the several Governments to consider the question generally, and to exchange opinions and explanations such as might facilitate the subsequent discussion of the subject in their respective legislatures. I desire to leave it to your discretion and judgment to decide whether and when any proposal for such a meeting or conference should be made. Much would depend upon the time at your command and upon the other important duties which devolve upon you; because it is, I need not say, the wish of Her Majesty's Government, as it will of course be the wish of Her representatives in Natal and the Transvaal, as well as of the President of the Orange Free State, that any such deliberations should be opened, and, as far as possible, presided over by yourself. . . . . . -- I have, &c. Governor the Right Hon. Sir H. B. Frere, Bart., (Signed) CARNARVON. 2 G.C.B., G.C.S.I. * - - - . P.S.–I shall be obliged by your communicating copies of this despatch to Sir Henry Bulwer, Sir Theophilus Shepstone, and Major Lanyon, to whom I have been unable to write separate despatches on the subject. ** C 4 24 No. 14. LIEUT.-GOVERNOR SIR. H. BULWER, K.C.M.G., to the EARL OF CARNARVON. (Received 20th September 1877.) Government House, Maritzburg, Natal, My LORD, 14th August 1877. REFERRING to my Despatches, of the numbers and dates noted in the margin,” on the subject of the proposed scheme for a confederation of the various Colonies and States of South Africa, and of the Draft Permissive Confederation Bill for that purpose, which has been introduced by Her Majesty's Government into the Imperial Parliament, I have the honour to inform your Lordship that on the meeting of the Legislative Council on the 7th June last, I brought the subject under the special consideration of the Council in the Speech with which I opened the Session, and in two Messages which I sent down to the Council on the 12th June. 2. In the latter of the two Messages, in transmitting for the information of the Council the various documents relating to the proposal, I requested the Council to take the subject into consideration, and to oblige me with an early expression of their wishes as to the course which they would desire should be followed by the Colony. Accordingly on the 19th June the Council appointed a Select Committee to consider and “report upon the course which in the opinion of the Council it would be desirable “ should be taken on behalf of the Colony, and with reference to the scheme embodied in “ the Permissive Confederation Bill;” and on the 31st ultimo, the Select Committee having brought up its Report, certain Resolutions based on the Report were adopted by the Legislative Council and transmitted to me. • 3. The Council, in these Resolutions, express their desire that the Government of the Colony should, as soon as it may appear suitable to do so, intimate to the Governments of the Cape Colony, the Transvaal, and the Orange Free State the willingness of the Government of Natal to take part in any Conference which may be held between repre- sentatives of the several communities, as contemplated in the Permissive Confederation Bill brought before the Imperial Parliament. The Council propose that at any such Conference the Colony should be represented by three delegates, members of the Legis- lative Council, of whom one should be an official member of the Council, who should confer with a like number of representatives of the Cape Colony, and of each Colony or State taking part in any such Conference. The delegates from this Colony would have power to discuss terms of union and other contingent arrangements, but they would not have power to bind the Colony, the consent of which to any scheme of union would be necessary by means of a formal act of the Legislature of the Colony. 4. In short, this Colony is quite prepared to enter into negotiations with the other Colonies or States, or any of them, under the terms of the Permissive Confederation Bill, should it be passed by the Imperial Parliament and become law, with a view to coming to some arrangement with them for a confederative union. Beyond this expression of the disposition of the Colony, and beyond this indication of the course which it is suggested should be taken, it has been neither necessary nor possible to go at the present moment ; and what I propose, with your Lordship's permission, to do, as soon as I am instructed that the Permissive Confederation Bill has become law, is to address the several South African Governments on the subject, representing the readi- ness of this Government to enter into negotiations should the other Colonies and States be equally so disposed. Upon the answers from the several Governments would of course depend the next step to be taken by this Government. 5. In the meantime, at the request of the Legislative Council, I beg very respectfully to submit to your Lordship's notice the thanks of the Council, as conveyed in the fifth resolution adopted by them. 6. I forward herewith copies of the following documents, &c.; namely,– (1.) Extract from Speech of the Lieutenant-Governor on opening the Seventh Session of the Seventh Council, 7th June 1877. (2.) Message (No. 2.) from the Lieutenant-Governor to the Legislative Council, 12th June 1877. (3.) Message (No. 3.) from the Lieutenant-Governor to the Legislative Council, 12th June 1877. * (4.) Report of the Select Committee of the Legislative Council, 23rd July 1877. No. 1. No. 2. †No. 3. No. 4. * Nos. 2 and 5. 25 (5.) Address (No. 18.) from the Legislative Council to the Lieutenant-Governor, with resolutions adopted by the Council, 31st July 1877. (6.) Message (No. 26.) from the Lieutenant-Governor to the Legislative Council, 13th August 1877. I have, &c. -> - (Signed) H. BULWER, The Right Hon. the Earl of Carnarvon, Lieutenant-Governor. &c. &c. &c. Enclosure 1 in No. 14. ExTRACT from Lieutenant-Governor's Speech opening the Legislative Council On the 7th June 1877. r “The gentlemen who proceeded to England last year as representatives on the part of this Colony attended several meetings of a Conference which was held in the month of August last at the Colonial Office under the presidency of Her Majesty's Secretary of State for the Colonies, at which important questions concerning the peace and general welfare of South Africa were discussed; and I cannot doubt that much advantage will result from the free interchange of opinion and experience that the opportunity afforded. These gentlemen have returned to South Africa, and a repôrt which I have received from the two delegates named by this Council will be laid before you. “When the proposal for the holding of a Conference on questions common to all the European communities in South Africa was originally made, in 1875, by the Secretary of State, the possibility of a disposition on the part of the several Colonies and States to unite together in some form of Confederation was not lost sight of ; and as such a union appeared likely to prove of the highest advantage to the communities concerned, the accomplishment of it was an object to which Her Majesty's Government expressed themselves as prepared to contribute their cordial assistance. To that suggestion, made two years since, recent circumstances have given additional weight, and public atten- tion has been turned to the subject, with a growing conviction that Confederation or Union, involving the establishment of a strong Central Government and the adoption of a more uniform policy, would greatly contribute to the safety, welfare, and public progress of the South African States. In order to facilitate such a Confederation, should the Colonies and States, or any of them, desire it, and to assist any action that they might wish to take in that direction, a Bill has been introduced into the Imperial Parliament by Her Majesty's Government, for enabling all or any of the Colonies and States, if and when they should think it expedient, to associate themselves in union. The measure proposed is an enabling measure, containing the outline or framework of a scheme of Confederation, but leaving the details to be filled in when the views and wishes of the Local Governments and Legislatures shall have been ascertained. The correspondence and documents connected with this measure will be laid before you, and I shall ask you to give the subject your early consideration, and to express your views and wishes as to the principles of the scheme, and as to the course which you would desire should be followed in connexion with it. The subject, I need scarcely say, is a most important one. Perhaps none so important has ever been brought before this Council; affecting as it does, the vital interests and the whole future of the Colony; and you will, I am sure, not fail to give to it that calm and deliberate consideration that it demands.” *** r * * **** Enclosure 2 in No. 14. (Signed) HENRY BULWER, Lieutenant-Governor. © MESSAGE No. 2. The Lieutenant-Governor has the honour to transmit, for the information of the Honourable the Legislative Council, copy of further correspondence on the subject of the South African Conference held in London last year, at which the gentlemen selected to represent this Colony were present, as also the Report received on their return to the Colony from the two delegates named by this Council. The Lieutenant-Governor recommends for the consideration of the Council whether, in view of the expenses which have been necessarily incurred by the gentlemen who F 612. No. 5. No. 6. Parliamentary Papers, C.–1681. February 1877. Parliamentary Papers, C.—1631. August 1876. R. 1702. 30th Apr. 1877. 26 attended at the Conference, it would not be reasonable that some further addition should be made to the allowances originally determined by the Council. Government House, Maritzburg, Natal, 12th June 1877. Enclosure 3 in No. 14. HENRY BULWER, Lieutenant-Governor. MESSAGE No. 3. The Lieutenant-Governor has the honour to transmit to the Honourable the Legis- (Signed) 2arliamentary lative Council copy of a correspondence that has passed regarding the proposed scheme Papers, C.—1732 April 1877. º, Resolutions nothing has occurred to modify the opinion then expressed. for enabling the South African Colonies and States to unite under one Government; among the correspondence being the revised Draft of a Bill which has recently been introduced for that purpose into the Imperial Parliament and the Despatches from the Secretary of State which have accompanied the Draft Bill. ‘. The Lieutenant-Governor in the speech with which he opened the Session a few days since did not fail to refer to the circumstances under which this most important proposal has been brought about, and to its vast consequence to the future interests and welfare of this Colony and the other European communities in South Africa; and in now forwarding the documents relating to the proposal he has the honour to request that the Council will give to the proposal their deliberate consideration, and will favour him with an early expression of their wishes as to the course which they would desire should be followed by this Colony. Government House, Maritzburg, Natal, 12th June 1877. * Enclosure 4 in No. 14. Seventh Session, Seventh Council.—1877. T.C.—No. 24. THE following Report of the Select Committee (No. 5, 1877) appointed to consider and report upon the Scheme for a Confederation of the different Colonies and States of South Africa is published for general information. . By order of the Legislative Council, STEPHEN STRANACK, Legislative Council Office, Natal, Clerk. 23rd July 1877. REPORT of the Select Committee appointed to report upon the course which, in the opinion of the Council, it would be desirable should be taken on behalf of this Colony with reference to the Scheme embodied in the Permissive Confederation Bill now before the Imperial Parliament, a copy of which forms one of the enclosures in his Excellency's Message No. 3, 1877. THE HON. THE COLONIAL SECRETARY (Mover). MR. AKERMAN. MR. MANNING. MR. J. N. BOSHOFF. THE HON. M.R. POLKINGHORNE. MAJOR-GENERAL LLOYD. MR. ROBINSON. The Committee appointed to consider the course which it would be desirable should be taken on behalf of this Colony, with reference to the scheme embodied in the Per- missive Confederation Bill, now before the Imperial Parliament, have the honour to report as follows:– - - - The Legislative Council of Natal have already in a series of Resolutions passed on the 23rd November 1875 expressed their opinion in general terms in favour of a closer union of the several Colonies and States of South Africa. Since the date of these - On the con– trary, the course of events has been such as to strengthen the conviction that a well- arranged Federative Union of the different Governments would prove of great political and commercial advantage, would ensure harmony of legislation in questions of broad policy, and confer a general guarantee of security and progress. 27 - Your Committee observe that the advantages of the proposed union are conceded b the Cape Government; who, in their Minute of the 16th of March last, speak of it as “ eminently desirable;” join with the Secretary of State in hoping for “an early and favourable solution * of the difficulties which surround the subject ; and assure Lord Carnarvon “ of their desire to assist such solution.” In the case of Natal, the gain resulting from a Federative Union, if entered into on carefully-settled and favour- able terms, would be considerable; and, in the opinion of your Committee, this Council and Government should join heartily with the Parliament and Government of the Cape Colony in discussing and forwarding the policy initiated in the Permissive Bill now before the Imperial House of Commons. The fact that a Federative Union would imply the establishment of Representative Government for Natal is one which must have weight in this Colony. Turning to the Bill itself, the Council are aware that the original draft has been subjected to extensive modifications in the directions indicated by the Cape Ministry, by the delegates from this House who attended the London Conference last year, and by the Executive Government of the Colony, whose Minute upon the Bill discloses a careful consideration of the interests of Natal. As, by the latest advices, the Bill has not yet come before the House of Commons, it is possible that it may be subjected to still further alterations. Even at present, the Bill is little more than the suggested outline of a permissive union; and, though the distribution of legislative power, the apportionment of assets and revenues, and other important matters, are to some extent sketched out, the final arrangements are so largely left to the contracting parties, that the absolute law of the Bill may almost be said to be confined, as far as all the more difficult and delicate details of union are concerned, to the granting of an Imperial Parliamentary power, by virtue of which the different South African Governments ma agree upon the terms of a Federal Union, which may then come into effect by Her Majesty's Proclamation or Order in Council. $ - . Your Committee consider that it would be superfluous to enter in this Report into a minute discussion of the provisions or suggestions of a Bill which, when it shall have become law, will still leave open for intercolonial discussion all the difficult and debate- able details connected with union. Nor does the Resolution under which your Committee were appointed contemplate this course; the direction to the Committee being not to report upon the details of the Bill, or of an advisable and feasible union, but, simply, upon “the course which should be taken on behalf of this Colony” with reference to the scheme embodied in the Bill. Your Committee have perused all the papers connected with the Bill; have gone carefully through the Bill itself; and have at their meetings generally discussed the subject of a Federative Union, both as proposed in the Bill and from the exclusive point of view of the interests of this Colony. The conclusion to which your Committee have been led is, that irrespective of the limitation imposed by their instructions, the time has not yet come when the details of a scheme of union could be entered into with advantage, either in a Report or in the debates of your honourable House. The course which the Committee recom- mend should be followed on the part of this Colony is, that your honourable House should declare it to be desirable, so soon as the Permissive Confederation Bill shall have become law, and shall have been received in this Colony, that the Executive Government should intimate to the Cape Government and other States the willingness of this Colony to take part in any Conference which may be held, as contemplated in the Bill, between representatives of the several Governments. Your Committee recommend that at such a Conference, if held, your honourable House should be repre- sented by three of its members, one of whom should be an official member, and that the delegates thus appointed should confer with a like number of representatives of the Cape Colony and of each of the other States taking part in the Conference. Your Committee consider that such a Conference should be regarded, so far as this Colony is concerned, as purely of a preliminary nature, and that no power should be given to the delegates thereto to make any pledge or promise, or in any way to bind the future action of the Government or Legislature of Natal. The duties of the delegates should be limited to a full discussion of the Imperial law, and of the terms upon which the Cape or other Governments of South Africa might be prepared to enter into a union which should comprise Natal. Your Committee notice with satisfaction, that the Cape Ministry’s Minute of 16th March last, before referred to, indicates that fair considera– tion and allowance of the claims of this Colony, without which it would be impossible for Natal to enter into any Confederative Union. . Your Committee recommend that your honourable House should express its thanks to his Excellency the Lieutenant-Governor for bringing the important subject of Con- • D 2 28 federation under notice in a practical manner in the Speech with which his Excellency opened the Session. Your Committee consider that the thanks of your honourable House are also due to the Secretary of State for the ready deference shown to colonial opinion in the successive modifications in the Bill, and to the Executive Government of the Colony, and the unofficial delegates from this House to the late London Conference, for the reports upon the Bill which they forwarded to the Secretary of State, and which evince a careful regard for the rights and interests of this Colony. Your Committee draw attention to the amendment introduced into the Permissive Confederation Bill by the Earl of Carnarvon, which appears to point to the contin- gency of the annexation of the Transvaal to either the Cape Colony or to Natal. This prospect opens up considerations of the highest importance; but with the present imperfect knowledge of the intentions of the Imperial Government both with regard to the Transvaal and to the amendment in question, your Committee do not feel in a position to enter into the matter in this Report. Your Committee consider it desirable that it should be declared at the outset by your honourable House that the consent or adhesion of this Colony to any scheme of Con- federative Union can only be given in the form of a law passed by the Legislature of Natal. By order of the Committee, F. NAPIER BROOME, Colonial Secretary, Chairman. Enclosure 5 in No. 14. LEGISLATIVE COUNCIL to LIEUTENANT-GOVERNOR. (No. 18, 1877.) To His Excellency Sir Henry Ernest Bulwer, Knight Commander of the most distinguished Order of St. Michael and St. George, Lieutenant-Governor in and over the Colony of Natal, Vice-Admiral of the same, and Supreme Chief over the native population. May it please your Excellency, The Legislative Council beg respectfully to transmit, for your Excellency's information, a copy of the following Resolutions which passed the Council this day, on the subject of the scheme for a Confederation of the different Colonies and States of South Africa, together with the Report (No. 5, 1877) of the Select Committee on which they are based. ^ By Resolution of the Legislative Council this 31st day of July 1877. (Signed) WALTER MAC FARLANE, Speaker. RESOLUTIONS adopted by the Legislative Council of Natal on the 31st day of July 1877, on the subject of the scheme for a Confederation of the different Colonies and States of South Africa :— 1. That this Council are of opinion that the Executive Government should, so soon as it may appear suitable so to do, intimate to the Government of the Cape Colony, the Transvaal, and the Orange Free State the willingness of the Government of Natal to take part in any Conference which may be held between representatives of the several South African communities, as contemplated in the Permissive Confederation Bill now before the Imperial Parliament. 2. That this Council are of opinion that at such a Conference, if held, this Colony should be represented by three members of the Legislative Council, one of whom should be an official member, and that the delegates thus appointed should confer with a like number of representatives of the Cape Colony, and of each of the other States taking part in the Conference. 3. That this Council are of opinion that the Conference, so far as Natal is concerned, should be regarded as of a preliminary nature, and that no power should be given to the delegates thereto to make any pledge or promise, or in any way to bind the future action of the Government of Natal. 4. That this Council are of opinion that the consent or adhesion of this Colony to any scheme of Confederative Union should only be given in the form of a law passed by the Legislature of Natal. 29 5. That this Council request his Excellency the Lieutenant-Governor to convey the thanks of the Council to the Right Honourable the Secretary of State for the Colonies, for the ready deference which his Lordship has shown to colonial opinion in the successive modifications of the Permissive Confederation Bill, and in his Lordship's despatches relating thereto; and this Council also desire to thank the Executive Government of the Colony, and the unofficial delegates from this House to the late London Conference, for their several Reports upon the Bill, which were forwarded to the Right Honourable the Secretary of State for the Colonies, and which evince a careful regard for the rights and interests of this Colony. A true copy. (Signed) STEPHEN STRANACK, 31st July 1877. \ Clerk. *=s** ammºgºsºsºmº, Enclosure 6 in No. 14, SIR. H. BULWER to the LEGISLATIVE COUNCIL. MESSAGE No. 26. The Lieutenant-Governor has the honour to acknowledge the Address, No. 18 of 1877, from the Honourable the Legislative Council, containing certain Resolutions adopted by the Council, together with the Report of a Select Committee of the Council on which these Resolutions are based, on the subject of the scheme for the Confederation of the different Colonies and States of South Africa, which was brought by him under their consideration in the early part of the present Session. The Lieutenant-Governor desires to convey his thanks to the Legislative Council for the careful attention they have given to this important subject, and he will not fail to take such steps as may appear most convenient to give effect to the views of the Council, in which he has to express his entire concurrence. * Government House, Maritzburg, Natal, 13th August 1877. No. 15. The EARL OF CARNARVON to LIEUTENANT-GOVERNOR SIR. H. BULWER, * K.C.M.G. gº. SIR, Downing Street, 4th October 1877. I HAVE the honour to acknowledge the receipt of your Despatch, of 14th August,” forwarding copies of Resolutions passed by the Legislative Council of Natal, expressing the willingness of the Colony to take part in a Conference of representatives of the different South African communities on the subject of Confederation, together with copies of Messages which you had addressed to the Council. I fully appreciate the readiness evinced both by yourself and by the Legislative Council to take advantage of the provisions of the “South Africa Act, 1877,” and I am glad to find that the views with which that Act was introduced and passed have met with such prompt acceptance in Natal. With regard, however, to your proposal to address the several South African Governments in accordance with the Resolutions of the Council, I am inclined to think that, looking to all the circumstances of the case, it may be preferable that you should in the first instance intimate to Sir Bartle Frere the readiness of the Natal Government to move in the matter, and inquire whether he proposes to take any steps with a view to initiating a Conference for the purpose of considering the course to be taken with reference to the “South Africa Act.” - * - I have, &c. Lieutenant-Governor Sir H. Bulwer, (Signed) CARNARWON. |K.C.M.G. - - * No. 14. D 3 30 No. 16. LIEUTENANT-Governor SIR. H. BULWER, K.C.M.G., to the EARL OF CARNARVON. (Received 29th December 1877). My LORD, Government House, Maritzburg, Natal, 13th November 1877. I HAVE the honour to acknowledge the receipt of your Lordship's Despatch of the 4th October” on the subject of my Despatch of the 14th August last,+ and the resolutions passed by the Legislative Council of Natal regarding the Permissive Con- federation Act, which, at the time that the resolutions were passed, was under the consideration of the Imperial Parliament. 2. With respect to what your Lordship says regarding the course which you consider should be adopted by this Colony in the matter, I forward herewith copy of a correspon- dence which has passed between Sir Bartle Frere and myself on the subject. 3. From this correspondence, your Lordship will learn that the official intimation of the passing of the Permissive Confederation Act was made by Sir B. Frere, who at the same time requested an expression of my views on the proposal contained in your Lordship's Despatch to him of the 16th August,f that a meeting of representatives from the several Colonies and States of South Africa presided over by him should be held at an early date. My Despatches in reply to Sir B. Frere, will show also that this Government is quite prepared to accept the proposal; and as SOOn as I obtain the information from his Excellency as to the time and place at which he would propose to hold the meeting, and as to the number of delegates which he will be prepared to receive from Natal, I will take the necessary steps to provide for the representation of this Colony at the meeting. - I have, &c. w (Signed) HENRY BULWER, The Right Hon. the Earl of Carnarvon, Lieutenant-Governor. &c. &c. &c. Enclosure 1 in No. 16. f Sir BARTLE FRERE to SIR HENRY BULWER. (Confidential.) SIR, Butterworth, Fingoland, 19th September 1877. I HAVE the honour to forward a copy of a Despatch from the Secretary of State on the subject of the Act passed by the Imperial Parliament for facilitating a union of the South African Colonies and States, and to request that I may be favoured with: your Excellency's views and suggestions as to the best mode of giving effect to the concluding paragraphs of Lord Carnarvon's letter. Especially I shall be glad of a frank expression of your Excellency’s views regarding the best and most convenient time for a meeting to discuss the question as affecting your Excellency's charge, the persons you would suggest should be summoned or requested to attend, and any other suggestions which may occur to you as likely to further the object Lord Carnarvon has in view. I have, &c. (Signed) H. B. FRERE, His Excellency Sir Henry Bulwer, K.C.M.G. High Commissioner. &c. &c. &c. . P.S.—I have marked this Despatch “Confidential” to indicate the light in which I shall regard any portion of your reply which you may wish to be so considered. But I have no wish thereby to limit your Excellency's discretion as to any degree of publicity you may think it proper to give to this communication or to any part of it. (Signed) H. B. E. F. Enclosure 2 in No. 16. Sir HENRY BULWER to SIR BARTLE FRERE. - Campostanger, Lower Tugela Division, Natal, SIR, 2nd October, 1877. I HAVE the honour to acknowledge the receipt of your Despatch, marked “Con- fidential,” of the 19th September, forwarding copy of one from the Secretary of State * No. 15. f No. 14. † No. 13. 31 on the subject of the Act passed by the Imperial Parliament for facilitating a union of the South African Colonies and States. I have to thank your Excellency for this communication, and in reply to your request for my views and suggestions as to the best mode of giving effect to the concluding paragraphs of Lord Carnarvon's Despatch, as also for an expression of my views regarding the best and most convenient time for a meeting to discuss the question so far as this Colony may be affected, I have to state that, as I believe I have already informed your Excellency, the question of what part shall be taken by this Colony in the event of the Bill then before the Imperial Parliament being passed into law, was brought by me before the Legislative Council of this Colony during their recent session. The Legislative Council, in reply, presented me with an address transmitting certain Resolutions which they had adopted after consideration of the question brought before them. I have not with me a copy of the Resolutions in question, but I will transmit one to your Excellency as soon as I return to Maritsburg. The wishes of the Council, as conveyed in them, were to the effect that, should the Permissive Bill become law, a communication should be addressed by this Government to the Governments of the Cape Colony, the Transvaal, and the Orange Free State, expressing a desire on the part of this Colony, should it be agreeable to those Governments to enter into further communication with them by means of repre- sentatives or delegates, duly appointed, for the purpose of discussing the question of union under the Permissive Law, and the terms of an arrangement for carrying out | Such a union. -- º I have informed the Secretary of State of what has been done, and it was my intention so soon as I should receive a formal notification of the passing of the Permissive Bill, to address your Excellency on the subject. - I am now absent from Maritzburg on an official tour of inspection, but as soon as I return I will lay your Despatch before the Executive Council, and after consulting their views, I shall address your Excellency further on the questions raised by you. t r I have, &c. His Excellency the Right Honourable (Signed) HENRY BULWER, - Sir Bartle Frere, Bart. Lieutenant Governor. Enclosure 3 in No. 16. Sir HENRY BULWER to Sir BARTLE FRERE. SIR, Government House, Maritzburg, Natal, 8th November 1877. IN accordance with the intention intimated in my Despatch of the 2nd ultimo, I have the honour to forward herewith, for your Excellency's information, copy of the Resolutions adopted by the Legislative Council of this Colony, in their past session, on the subject of the scheme for a confederation of the different Colonies and States of South Africa, together with copy of the Report of a Select Committee which was appointed to report upon the course which in the opinion of the Council it would be desirable should be taken on behalf of the Colony with reference to the scheme embodied in the Permissive Confederation Bill then before the Imperial Parliament. I have, &c. His Excellency the Right Honourable (Signed) HENRY BULWER, Sir Bartle Frere, Bart. - Lieutenant Governor. Enclosure 4 in No. 16. Sir HENRY BULWER to Sir BARTLE FRERE. SIR, Government House, Maritzburg, Natal, 8th November 1877. REFERRING to the last paragraph of my Despatch of the 2nd ultimo, I have now the honour to inform you that I have laid before the Executive Council of this Colony your Excellency’s Despatch of the 19th September, together with its enclosed copy of a Despatch from the Secretary of State on the subject of the Act recently passed by the Imperial Parliament for facilitating a union of the South African Colonies and States. * Your Excellency will have learned from my letter above referred to that the question of what should be the course taken on behalf of this Colony in the event of the Permissive Bill passing into law, was brought under the consideration of the Legislative D 4 - 32 Council of Natal during the past session, and that agreeably to certain Resolutions adopted by the Council, it was my intention to address you on the subject so soon as I should receive official intimation of the passing of the Bill. Your Excellency will also perceive from the Resolutions, a copy of which is forwarded under cover of another Despatch of this date, that the object of the proposed communication would have been, in the first place, to express the readiness of this Government to take part in any conference which might be held between representatives of the several South African Colonies as contemplated in the Permissive Confederation Bill. Your Despatch of the 19th September enables me, however, to give in reply to it, the necessary expression to this readiness on the part of the Colony of Natal. I understand from the terms of your Despatch and of the concluding portion of the Secretary of State's Despatch that it is proposed that your Excellency shall at an early date hold a meeting of “representatives of the several governments to consider the “ question generally, and to exchange opinions and explanations such as may facilitate “ the subsequent discussion of the subject in the respective legislatures,” and your Excellency expresses a wish for my views on the subject, especially as to the best and most convenient time for such a meeting, and as to the persons I would suggest should be summoned (from Natal,) or requested to attend, The Resolutions of the Legislative Council, to which I have referred, have expressed, in anticipation, and in general terms, the views of this Colony in favour of a conference; and in reply to this particular proposal made by your Excellency, I have now the honour to state that in the opinion of this Government a meeting, such as apparently is proposed, of representatives from the South African Colonies and States at an early date is the course which appears the most advisable under the circumstances, and the best calculated to advance the object in view. Such a meeting, it is understood, will be held for the purpose of affording the opportunity of a free discussion of the question of Union between the Colonies and States represented at the meeting, and of a consideration of the terms and arrangements for such a Union, with a view to the preliminary adoption at the meeting of such conclusions as may be deemed advisable, and the presentation of those conclusions in such form as may be found expedient for the subsequent further con- sideration and discussion of the legislatures of the several Colonies and States concerned. Respecting the representation of this Colony at such a meeting, I would ask your Excellency's attention to the Resolutions now forwarded. The Legislative Council of Natal have therein expressed themselves in favour of the Colony being represented at any conference by three persons, who shall be members of the Legislative Council, one of the three being an official member of the Government. It is clear, however, that the number of representatives to be sent from Natal to the proposed meeting must depend upon the number of the representatives from other Colonies and States, and as this is a matter in which the convenience, wishes, and interests of those other Colonies and States have also to be consulted, I need not do more than refer to the opinion expressed in the Resolutions of the Legislative Council of this Colony, and I shall await further information from your Excellency as to what the number of representatives from this Colony shall be. - Whatever the number be, it will be advisable that the representatives should be named by the Legislative Council, and approved by me, as was done in the case of the delegates who went to England last year. The time and place of meeting are matters which will be best left in your Excellency's hands; and I will only observe with regard to the former, that as, in order to obtain the nomination of representatives for this Colony, I shall be obliged to call together the Legislative Council in a Special Session, I should wish to receive the notification two months or thereabouts before the date fixed for the meeting. If your Excellency, therefore, bearing in mind this reservation as to time, will be pleased to inform me as to the date (or probable date) and the place of meeting, and as to the number of representatives to be sent from Natal I will take the necessary steps for the formal nomination and appointment of the representatives for this Colony, and for their despatch to the place of meeting at the time determined on. I have, &c. His Excellency the Right Honourable (Signed) HENRY BULWER, Sir Bartle Frere, Bart. Lieutenant-Governor. 33 No. 17. The EARL OF CARNARWON to LIEUTENANT-GOVERNOR SIR. H. BULWER, E.C.M.G. * Downing Street, 7th January, 1878. I HAVE the honour to acknowledge the receipt of your Despatch of the 13th of November", enclosing a copy of correspondence between yourself and Sir Bartle Frere upon the subject of the Permissive Confederation Act. y I have, &c. SIR, Lieutenant-Governor Sir H. Bulwer, &c. &c. &c. (Signed) CARNARWON. * No. 16. F 612. 34 APPENDIX. SOUTH AFRICA. 40 & 41 VICT-CH, 47. ARRANGEMENT OF CLAUSES. * T.—PRELIMINARY. Clause. - 1. Short title. . 2. Application of provisions referring to the Queen. II.—UNION. 3. Declaration of union and provision for its completion. 4. Construction of subsequent provisions of Act. 5. Union to be divided into provinces. - III.-ExECUTIVE Power. 6. Executive power vested in the Queen. 7. Application of provisions referring to Governor General. 8. Great Seal. 9. Constitution of Privy Council of the Union. tº ** - e * 10. All powers under Acts to be exercised by Governor General with advice of Privy Council, or alone. : I1. Application of provisions referring to Governor General in Council. . . 12. Power to Her Majesty to authorise Governor General to appoint deputies. 13. Command of armed forces. 14. Seat of Government. IV.-LEGISLATIVE PowLR. 15. Constitution of Union Parliament. * 16. Definition of privileges, &c. of Legislative Council and House of Assembly. 17. First Session of the Parliament. The Legislative Council. 18. Number and constitution of Legislative Council. -- The House of Assembly. 19. Constitution of House of Assembly. 20. Summoning of House of Assembly. 21. Decennial re-adjustment of representation. 22. As to increase of members of House of Assembly. Money Votes, Royal Assent. 23. Appropriation and Tax Bills. 24. Recommendation of money votes by Governors General. 25. Royal Assent to Bills, &c. & 26. Disallowance by Queen in Council of Act assented to by Governor General. 27. Signification of Queen’s pleasure on Bill reserved. • V.—PROVINCIAL GovERNMENT. 28. Appointment of Presidents of provinces. 29, Salaries of Presidents. 30. Qaths, &c. of Presidents. 31. Application of provisions referring to Presidents. f Provincial Councils. 32. Council for each province. VI.-DISTRIBUTION OF LEGISLATIVE Powers. - - Powers of the Union Parliament, 33. Legislative authority of Parliament. - Evclusive Powers of Provincial Councils, 34. Subjects of exclusive provincial legislation. & 35. Concurrent powers of legislation respecting immigration. 36. As to votes, &c. for appropriation of provincial revenue, 37. Distribution of legislative powers may be varied. 38. Allowance or disallowance of provincial laws. 35 VII. —REvENUEs ; DERTs ; ASSETs; TAXATION. Clause 39. Creation of Consolidated Revenue Fund. 40. Expenses of collection, &c. 41. Interest of provincial public debts. 42. Salary of Governor General. 43. Appropriation of revenue. 44. Union may become liable to provincial debts. 45. Property for defence. 46. Form of payments under Act. 47. Articles duty free within the Union. 48. Provincial Consolidated Revenue Fund. & VIII.-MIscELLANEOUS PROVISIONs. 49. Oath of allegiance by members, &c. 50. Continuance of existing laws, courts, officers, &c. 51. General Court of Appeal, &c. 52. Transfer of officers to the Union. 53. Appointment of new officers. 54. Treaty obligations with foreign countries. 55. Laws respecting natives to be reserved for Her Majesty's pleasure. 56. Amendment of Act, or Order made thereunder. 57. Power to Her Majesty to admit new members into the Union, t 58. Power to Her Majesty to authorise annexation to the Cape of certain territories. 59. As to representation of new members of Union. - | - 60. Powers conferred upon Her Majesty as to first establishment of Union not to be exercised after the first August 1882. 61. Interpretation. : SCHEDULE. CHAPTER 47. An Act for the Union under one Government of such of the South African Colonies and States as may agree thereto, and for the Government of such Union ; and for purposes connected there with. [13th August 1877.] WHEREAs proposals have been made for uniting under one Government under the Crown of the United Kingdom of Great Britain and Ireland those colonies and states of South Africa which may voluntarily elect to enter into such Union: - And whereas such Union would conduce to the welfare of the said colonies and states and promote the interests of the British Empire, and it is expedient to make provision for any two or more of the said colonies or states to unite at such time as may be found convenient : And whereas it is expedient to declare and define the general principles on which the constitution of the legislative authority and of the Executive Government in the Union may be established, and to enable the details of the said constitution and of the administrative establishments thereunder to be provided for after the wishes and opinions of the said colonies and states with respect to such details have been duly represented to Her Majesty through their respective Legislatures : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I.—PRELIMINARY. 1. This Act may be cited as The South Africa Act, 1877. Short title. 2. The provisions of this Act referring to Her Majesty the Queen extend also to her heirs and Application of SucCeSSOTS. provisions referring to the II.--—UNION. Queen. 3. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Declaration Privy Council, to declare by Order in Council that, on and after a day therein appointed, any two ºn.” or more of the colonies or states of South Africa whose respective Legislatures may so agree shall be provision for joined or confederated together in Union under one general Government and Legislature, with such its completion. name and designation as to Her Majesty may seem fit; and on and after that day the sai e * -- - 3. said general Government and Legislature of the Union shall have full power and effect within à. said colonies or colonies and states which shall have so agreed. It shall be lawful for the Queen, by and with the advice of Her Majesty's Priv o subsequent Order in Council issued before the first assembling of the #. jº.". ..". amend the said Order in Council, or to provide for any matters or things as to which Her Majesty is authorised by this Act to make provision, and which are not provided for in the said Order in ë. º but no such Order in Council shall be issued under the provisions of this section after the first assem. bling of the Union Parliament. E 612. T 36 In any such Order in Council as aforesaid the Queen may make provision for all or any of the matters as to which she is by this Act empowered to give directions, as well as for any other matters necessary to the due establishment of the Union, and before making such provision shall have regard to any representations that may be made to Her Majesty by or by the authority of the Legislature of any state or colony concerned, or by any committee, or other body duly appointed by any two or more of the said Legislatures jointly to consider the subjects mentioned in this Act. º, 4. The subsequent provisions of this Act shall, unless it is otherwise expressed or implied, commence |U}. provisions of and have effect on and after the Union, that is to say, on and after the day appointed for the Union Act. taking effect; and in the same provisions, unless it is otherwise expressed or implied, the words “the Union” shall be taken to mean the Union of South African colonies or colonies and states provided for by this Act. . . Union to be 5. The Union shall be divided into such provinces, with such names and boundaries as the Queen divided into may direct. - - - - t" provinces. i III.-ExECUTIVE Power. - Executive., 6. The Executive Government and Authority of and over the Union is hereby declared to be vested power Yested in the Queen, and may be exercised on Her Majesty's behalf by the Governor General or the officer in the Queen. appointed to administer the Government by or by authority of Her Majesty's Royal Letters Patent. . 7. The provisions of this Act referring to the Governor General extend and apply to the Governor ...” General for the time being of the Union, or other the Chief Executive Officer or Administrator for Governor the time being carrying on the Government of the Union on behalf and in the name of the Queen, by General. whatever title he is designated. { - t : Great Seal. 8. There shall be a Great Seal for the Union, of such device as Her Majesty may approve. Constitution of 9. There shall be a council to aid and advise in the government of the Union, to be styled the Privy - ; tººl Council of the Union; and the persons who are to be members of that council shall be from time to time *** chosen and summoned by the Governor General, and sworn in as privy councillors, and may be from time to time removed by the Governor General. - All powers 10. All powers, authorities, and functions which are at the Union lawfully vested in or exerciseable lºgº by the respective Governor, Lieutenant-Governor, Administrator, or President of a colony or state, with l, . the advice, or with the advice and consent, of the Executive Council or other administrative body General with thereof, or in conjunction with such council, or body, or with any number of members thereof, or by the advice of Privy said Governor, Lieutenant-Governor, Administrator, or President individually, or by Her Majesty's ºil, OT High Commissioner for South Africa, shall (as far as the same continue in existence and capable of & U.I.V.M.A.J.V., e. being exercised after the admission of such colony or state into the Union), in relation to the Govern- ment of the Union, be vested in and exerciseable by the Governor General, with the advice, or with the advice and consent of, or in conjunction with the Privy Council of the Union, or any members thereof, or by the Governor General individually, as the case requires, subject nevertheless to be abolished or altered by the Union Parliament. - Application 11. The provisions of this Act referring to “the Governor General in Council” shall be construed as of provisions referring to the Governor General acting by and with the advice of the Privy Council of the Union, and jº where “the Governor General” alone is mentioned the provision shall be construed as referring to the General in Governor General acting on his own discretion and without such advice. Council. - o * e - & - Power to Her 12. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorise the Governor General Majesty to from time to time to appoint any person or any persons jointly or severally to be his deputy or deputies . within any part or parts of the Union, and in that capacity to exercise during the pleasure of the 3 OWel'In OI’ General to ap- Governor General such of the powers, authorities, and functions, of the Governor General as he may jºis, deem it necessary or expedient to assign to him or them, subject to any limitations, or directions - expressed or given by the Queen in conformity with the constitutional laws of the Union ; but the appointment of such a deputy or deputies shall not affect the exercise by the Governor General himself of any power, authority, or function. - command of 18. The command-in-chief of the land and naval militia, and of all naval and military forces, of and armed forces. in the Union, is hereby declared to be vested in the Queen. seat of Go. 14. The seat of Government of the Union shall be such place as the Queen may direct. vernment. - .. IV.-LEGISLATIVE Power. Constitution 15. There shall be one general Legislature for the Union (in this Act called “the Union Parliament”), º §. consisting of the Queen, an Upper House herein-after styled the Legislative Council, and a House of * Representatives herein-after styled the House of Assembly; provided that either of the said Houses may receive such other designation as the Queen may direct. JDefinition of 16. The privileges, immunities, and powers to be held, enjoyed, and exercised by the Legislative Pºlº Council and by the House of Assembly and by the members thereof respectively shall be such as are ...” from time to time defined by Act of the Union Parliament, but so that the same shall never exceed House of those at the time of the passing of such Act held, enjoyed, and exercised by the Commons House of Assembly. Parliament of the United Kingdom of Great Britain and Ireland and by the members thereof; and until the passing of such Act the said privileges, immunities, and powers, shall be the same as those at p the time of the passing of this Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof. §º: 17. The Union Parliament shall be called together not later than twelve months after the Union. 37 The Legislative Council. 18. The Legislative Council shall, subject to the provisions of this Act, consist of such number of Number and members, representing such divisions of the Union, and shall be so constituted as the Queen may direct. - The House of Assembly. 19. The House of Assembly shall, subject to the provisions of this Act, consist of elected members, representing in fair proportions the various provinces of the Union ; and until the Union Parliament otherwise provides, the provinces shall for the purposes of the election of members to serve in the House of Assembly be divided into such electoral districts returning such number of members respectively, and the electors and members shall have such qualifications, and the elections shall be conducted according to such rules and regulations, as the Queen may direct: Provided always, that in the apportionment of members, and in the determination of the qualifications of electors and ; members, provision shall be made for the due representation of the natives in the Union Parliament constitution of Legislative Council. Constitution of House of Assembly. and in the Provincial Councils, in such manner as shall be deemed by Her Majesty to be without danger to the stability of the Government. 20. The Governor General shall from time to time, but at least once a year, in the Queen's name, by instrument under the Great Seal of the Union, summon and call together the House of Assembly. 21. A census of the Union shall be taken in the year one thousand eight hundred and ninety-one, and at the end of each subsequent period of ten years, and on the completion of every such decennial census, the representation of the provinces may be re-adjusted by such authority, in such manner, and from such times as the Union Parliament from time to time provides, subject and according to such rules as the Queen may direct. | . Such re-adjustment shall not take effect until the termination of the then existing|Parliament. & 22. The number of members of the House of Assembly may be from time to time increased by the Union Parliament, provided that the proportionate representation for the time being in force of the provinces is not thereby disturbed. | Money Votes, Royal Assent. 23. Bills for appropriating any part of the public revenue, or for imposing any tax or impost, shall originate in the House of Assembly. - 24. It shall not be lawful for the House of Assembly to adopt or pass any vote, resolution, address, or Bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to that House by message from the Governor General in the session in which such vote, resolution, address, or Bill is proposed. 25. Where a Bill passed by the Houses of the Union Parliament is presented to the Governor General for the Queen's Assent, he shall declare, according to his discretion, but subject to the provisions of this Act and to Her Majesty's instructions, either that he assents thereto in the Queen’s name, or that he withholds such assent, or that he reserves the Bill for the signification of the Queen’s pleasure, or that he will be prepared to assent thereto, subject to certain amendments to be specified by him. … 26. Where the Governor General assents to a Bill in the Queen's name, he shall, by the first convenient opportunity, send an authentic copy of the Act to one of Her Majesty’s Principal Secretaries of State, and if the Queen in Council, within two years after receipt thereof by the Secretary of State, thinks fit to disallow the Act, such disallowance (with a certificate of the Secretary of State of the day on which the Act was received by him) being signified by the Governor General, by speech or message to each of the Houses of the Union Parliament or by proclamation, shal! annul the Act from and after the day of such signification. 27. A Bill reserved for the signification of the Queen's pleasure shall not have any force unless and until, within two years from the day on which it was presented to the Governor General for the Queen's Assent, the Governor General signifies, by speech or message to each of the Houses of the Union Parliament or by proclamation, that it has received the assent of the Queen in Council. An entry of every such speech, message, or proclamation shall be made in the Journal of each House, and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the records of the Union. V.—PROVINCIAL Gover NMENT. 28. Each province shall be presided over by a Chief Executive Officer bearing such title and appointed and removable in such manner as the Queen may direct. 29. Until altered by Act of the Union Parliament, the salaries of such officers shall be such as the Queen may direct. - 30. Every such officer shall, before assuming the duties of his office, make and subscribe before the Governor General, or some person authorised by him, oaths of allegiance and office similar to those taken by the Governor General. - * * . - 31. The provisions of this Act referring to such officer shall extend and apply to the Chief Executive Officer or Administrator for the time being carrying on the Government of any province, by whatever Summoning of House of Assembly. T)ecennial re- adjustment of representation. As to increase of members of House of Assembly. Appropriation and Tax Bills. Recommenda– tion of morley votes by Governors General. Royal Assent to Bills, &c. Disallowance by Queen in Council of Act assented to by Governor General. Signification of Queen’s pleasure on T3ill reserved. Appointment of Presidents of provinces. Salaries of Presidents. Caths, &c. of Presidents. title he is designated. . º E 2 .# Application of provisions referring to Presidents. 38 Council for each province. Provincial Councils. 32. There shall be a Council or Parliament for each province, consisting of the Chief Executive Officer and a House or two Houses of Legislature, and of such number of councillors, or councillors and members of Assembly, elected in such manner and for such term as the Queen may direct. Legislative authority of Parliament. Subjects of exclusive pro- vincial legis- lation. VI.-DISTRIBUTION OF LEGISLATIVE Powers. Powers of the Union Parliament. 33. It shall be lawful for the Queen, by and with the advice and consent of the Legislative Council and House of Assembly, to make laws for the peace, order, and good government of the Union, in relation to all matters not coming within the classes of subjects by this Act assigned to the councils of the provinces; and for greater certainty it is hereby declared that (notwithstanding anything in this Act) the legislative authority of the Union Parliament extends to all matters coming within the classes of subjects next herein-after enumerated ; that is to say, - 1. The qualification of electors and members of the Legislative Council and House of Assembly, and other questions relating to the constitution, privileges, and proceedings of either of the said bodies, but always subject to the provisions of this Act relating to the representation of natives. . The public debt and property. . The regulation of trade and commerce. © The raising of money by any mode or system of taxation. The borrowing of money on the public credit of the Union. . Postal service and telegraphs. The census and statistics. e - Militia, military and naval service, and defence, saving all matters and things relating to the troops, ships, property, and prerogatives of the Crown not heretofore placed under the juris- diction of the Colonial Governments. r-i. 9. The fixing of and providing for the salaries and allowances of civil and other officers of the Government of the Union. 10. Beacons, buoys, lighthouses. 11. Navigation and shipping. 12. Quarantime and the establishment and maintenance of marine hospitals. 13. Fisheries. i4. Bridges or ferries between a province and a foreign state or between two provinces. 15. Currency and coinage. 16. Banking, incorporation of banks, and the issue of paper money. 17. Savings banks. 18. Weights and measures. 19. Bills of exchange and promissory notes. 20. Interest. 21. Legal tender. 22. Bankruptcy and insolvency. 23. Patents of invention and discovery. 24. Copyrights. 25. Affairs of native tribes or peoples who are not included under the laws applicable to the general community. 26. Naturalization and aliens. 27. Marriage and divorce. 28. The criminal law. 29. The establishment, maintenance, and management of gaols, hospitals, asylums, and other public institutions for the use of the Union generally. 30. Such classes of subjects as are expressly excepted in the enumeration of the classes of Subjects by this Act assigned exclusively to the councils of the provinces. 31. Such other subjects herein assigned to the councils of the provinces as the council of any province may by law declare to be within the competency of the Union Parliament in respect of such province. i Eaclusive Powers of Provincial Councils. 34. In each province the council may exclusively make laws, in relation to matters coming within the classes of subjects mext herein-after enumerated, and not included among the subjects herein-before assigned to the Union Parliament; that is to say, 1: The qualification of electors and members of the Provincial Council, but always subject to the provisions of this Act relating to the representation of natives. 2. Direct taxation within the province in order to the raising of a revenue for provincial purposes. 3. The borrowing of money on the sole credit of the province. 4. The establishment and tenure of provincial offices and the appointment and payment of pro- vincial officers. 5. The management and sale of the public lands belonging to the province, and of the timber and wood thereon. * 6. Education. 7. The establishment, maintenance, and management of public and reformatory prisons in and for the province. - 8. The establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary institutions in and for the province other than marine hospitals, 2 39 9. Municipal institutions in the province. Licenses for trading and other purposes in order to the raising of a revenue for provincial, local, or municipal purposes. 11. Local works and undertakings other than such as are of the following classes: a. Lines of steam or other ships, railways, canals, telegraphs, and other works and under- takings connecting the province with any other or others of the provinces, or extending beyond the limits of the province : b. Lines of steamships between the province and any British or foreign country : c. Such works as, although wholly situate within the province, are before or after their execution declared by the Union Parliament to be for the general advantage of the Union or for the advantage of two or more of the provinces. . The incorporation of companies with provincial objects. . The solemnization of marriage in the province. . Property and civil rights in the province. . - . The administration of justice in the province, including the constitution, maintenance, and organisation of provincial courts, both of civil and of criminal jurisdiction, and including pro- cedure in civil matters in those courts. - | ,” The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section. 17. The registration of titles to land. f 18. Generally all matters of a merely local or private nature in the province. 16. 35. In each province the council may make laws in relation to immigration into the province ; and it is hereby declared that the Union Parliament may from time to time make laws in relation to immigration into all or any of the provinces; and any law of a provincial council relative to immi- ration shall have effect in and for the province as long and as far only as it is not repugnant to any Act of the Union Parliament. 36. It shall not be lawful for the council of any province to adopt or pass any vote, resolution, address, or law for the appropriation of any part of the provincial revenue, or of any tax or impost, to any purpose that has not first been recommended to the council by the chief executive officer. 37. The distribution of legislative powers between the Union Parliament and the councils of the provinces provided in the four last preceding sections of this Act may be varied by any Order in Council issued in pursuance of section three of this Act, and nothing in this Act shall be deemed to affect or limit in any way the power of the Queen, with the advice and consent of the Lords Spiritual and Temporal and the Commons, of the United Kingdom of Great Britain and Ireland, in Parliament assembled, to make any law relating to the Union. 38. Every law made by a provincial council shall be forthwith transmitted to the Governor General, who shall proceed with regard to such law in the same manner as is herein-before provided with respect to Bills passed by the Union Parliament. VII.-REVENUEs ; DEBTs ; ASSETs; TAxATION. 39. All duties and revenues lawfully raised within the Union, except such portions thereof as are reserved to the respective councils of the provinces, or are raised by them in accordance with the special powers conferred on them, shall form one Consolidated Revenue Fund, to be appropriated for the public service of the Union in the manner and subject to the charges in this Act provided. 40. The Consolidated Revenue Fund of the Union shall be permanently charged with the costs, charges, and expenses incident to the collection, management, and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordered by the Governor General in Council until the Union Parliament otherwise provides. 41. The annual interest of the public debts of each colony or state joining the Union shall, so far as they are in this Act declared to be a charge upon the Union, form the second charge on the Consolidated Revenue Fund of the Union. . 42. Unless altered by Act of the Union Parliament, the salary of the Governor General shall be not less than eight nor more than ten thousand pounds per annum sterling money of the United Kingdom of Great Britain and Ireland payable out of the Consolidated Revenue Fund of the Union, and the same shall form the third charge thereon. 43. Subject to the several payments by this Act charged on the Consolidated Revenue Fund of the TJnion, the same shall be appropriated by the Union Parliament for the public service. ; After due provision has been made for the public service of the Union, any surplus of the consolidate revenue of the Union which may in any year be so appropriated by the Union Parliament shall be divided among the provinces in such proportions as the Queen may direct, or the Union Parliament may provide. 44. The Union shall be liable for So much of the public debt of each province existing at the Union as the Queen may direct, and the said provincial debts may, by Act of the Union Parliament, be consolidated into one stock. 45. The Union may assume any lands or public property required for fortifications or for the defence of the country. 46. All payments to be made under this Act, or, in discharge of liabilities created under any law of the colonies, states, or province respectively, and assumed by the Union, shall, until the Union F * Concurrent powers of legislation respecting immigration. As to votes, &c. for appro- priation of pro- vincial revenue. Distribution of legislative powers may be varied. Allowance or disallowance of provincial laws. Creation of Consolidated Revenue Fund. Expenses of collection, &c. Interest of pro- vincial public debts. Salary of Governor General. Appropriation of revenue. Union may become liable to provincial debts. Property for defence. Form of pay- ments under Act. - 40 Articles duty : free within the *3 Union. #. Provincial Consolidated Revenue Fund. Oath of alle- giance by members, &c. Continuance of existing laws, courts, officers, &c. General Court of Appeal, &c. Transfer of officers to the Union. Appointment of new officers. Treaty obliga- tions with foreign countries. Laws respect- p or to native affairs, or relating to immigration, and all laws passed by the Provincial Councils relating to the tenure of land, shall be reserved by the Governor General for the signification of Her Majesty's pleasure thereon, unless, owing to some urgent emergency, it is necessary for any such law to have immediate operation ; but in such case the law shall be transmitted for Her Majesty’s pleasure thereon at the earliest possible opportunity. ing natives to be reserved for Her Majesty’s pleasure. Amendment of Act, or Order Imade thereunder. Power to Her * , Majesty to admit new - members into the Union. Parliament otherwise enacts, be made in such form and manner as may from time to time be ordered by the Governor General in Council. 47. All articles of the growth, produce, or manufacture of any one of the provinces shall, from and after the Union, be admitted free into each of the other provinces. 48. All duties and revenues raised or received by the respective governments or councils of the provinces, in accordance with the special powers conferred upon them by this Act, shall in each province form one Consolidated Revenue Fund to be appropriated for the public service of the province. - VIII.-MISCELLANEOUs PROvIsIons. 49. Every member of the Legislative, Council or House of Assembly of the Union, and every member of a council of any province, shall, before taking his seat therein, take and subscribe before the Governor. General or some person authorised by him, the oath of allegiance contained in the schedule to this Act. 50. Except as otherwise provided by this Act, or by any Order in Council issued under section three of this Act, all laws in force in the colonies and states respectively at the Union, and all courts of civil and criminal jurisdiction, and, all legal commissions, powers, and authorities, and all officers, judicial administrative, and ministerial, existing therein at the Union, shall continue in the provinces situate within what at the said Union are the boundaries of those colonies and states respectively, as if the Union had not been made ; subject nevertheless to be repealed, abolished, or altered by the Union Parliament, or by the council of the respective province, according to the authority of the Parliament or of that council under this Act. 51. The Union Parliament may, notwithstanding anything in this Act, from -time to time provide for the constitution, maintenance, and organisation of a Supreme Court of Judicature and of a General Court of Appeal for the Union and for the establishment of any additional courts for the better adminis- tration of the laws of the Union : Provided always, that no Act of the said Union Parliament shall extend or be construed to extend to take away or abridge the undoubted right and authority of Her Majesty her heirs and successors, upon the humble petition of any person or persons aggrieved by any judgment decree, order, or sentence of the said General Court of Appeal, to admit his, her, or their appeal to Her Majesty in Council from any rule, judgment, decree, order, or sentence upon such terms and securities, limitations, restrictions, and regulations as Her Majesty in Council, her heirs and successors, shall think fit. 52. Until the Union Parliament otherwise provides, all officers of the several provinces having duties to discharge in relation to matters other than those coming within the classes of subjects by this Act assigned exclusively to the councils of the provinces shall be officers of the Union, and shall continue to discharge the duties of their respective offices under the same liabilities, responsibilities, and penalties as if the Union had not been made. . . . 53. Until the Union Parliament otherwise provides, the Governor General in Council may from time to time appoint such officers as the Governor General in Council, deems necessary or proper for the effectual administration of the affairs of the Union in accordance with this Act. 54. The Parliament and Government of the Union shall have all powers necessary or proper for performing the obligations of the Union or of any province thereof, as part of the British Empire, towards foreign countries, arising under treaties between the Empire and such foreign countries. 55. All laws passed by the Union Parliament or by the Provincial Councils relating to the natives 56. No Act of the Union Parliament shall be deemed to be void or inoperative on the ground that it is repugnant to this Act or to any Order in Council made hereunder, but any such Act containing provisions differing from the provisions of this Act shall be reserved for the signification of Her Majesty's pleasure thereon, and shall not have effect until Her Majesty's pleasure in that behalf has been duly signified. - 57. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Privy Council, on addresses from the Houses of the Union Parliament, and from the Legislature of any colony, state, or province not at the date of such addresses included in the Union, to admit that colony, state, or province into the Union, and on address from the Houses of the Union Parliament to admit any territory, not at the date of such addresses included in any colony, state, or province, into the Union, on such terms and conditions expressed in the addresses as the Queen thinks fit to approve, subject to the provisions of this Act; and the provisions of any Order in Council in that behalf shall have effect as if they had been contained in this Act. Power to Her Majesty to authorise 58. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Privy Council, to authorise the Governor for the time being of the Cape of Good Hope by proclamation to declare that the whole or any portion or portions of any territories in South Africa forming part of Her Majesty's possessions, but not already included in that colony, shall be annexed to and form part annexation to the Cape of certain terri- tories. of such colony, and the said territories or portions shall be annexed accordingly ; provided always, that no such proclamation shall be issued until the Legislature of the Cape of Good Hope shall have passed a law providing that the said territories shall become part of the colony. . . . 41 59. In case of the admission into the Union of any colony, state or province not originally included in the Union, it shall be entitled to a representation in the Legislative Council and in the House of Assembly proportioned to the representation granted under this Act to the other provinces of the Union, and calculated in the same manner. 60. The powers hereby conferred upon Her Majesty with reference to the first establishment of the Union shall not be exercised after the first day of August one thousand eight hundred and eighty- two, and no such Order in Council made in pursuance of this Act shall have any force or effect unless duly published in the “London Gazette” on or before that date. 61. In this Act— The words “as the Queen may direct” mean as Her Majesty may direct by any Order in Council issued in pursuance of section three of this Act, but not otherwise. so H EDULE. 'OATH OF ALLEGIANCE. 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