*DT
846
T7C17
1884

CAPE OF GOOD HOPE

DESPATCHES AND OTHER
PAPERS RELATING TO
THE TRANSKEIAN TER-
RITORIES

THE LIBRARY

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES

GIFT OF

THE ARCHP/ES DEPARTMENT,
UNION OF SOUTH AFRICA. *

CAPE OF GOOD HOPE.

DESPATCHES

AND OTHER

RELATING TO THE

TRANSKEIAN TEERITOEIES.

^icsenteU to bot % ?^ouses of ^parliament bn ©ommanU of |^ts ©xcelkncg tfte CSobernor.

1884.

CAPE TOWN:

W. A. EICHAEDS & SONS, GOVEENMENT PEINTEES, CASTLE STEEJ

1884.
(_a. 59— '84.]

CONTENTS:

4
5
6

9
10

12
13

i 18
19
20

Subject.

Sir Henry Barkly to Lord Carnarvon, covering
Ministers' Minute, forwarding Resolutions from
both. Houses of Pai'liament, in favour of annex-
ation of Tembuland

Sir B. Frere to Lord Cai'narvon, enclosing Pro-
clamation annexing Galekaland to British
Domiaions. .

Resolution of Cape Parliament declaring it ex-
pedient to annex Bomvanaland and Galekaland
to the Colony

Sir Bartle Frere to Sir M. Hicks-Beach, extract,
suggesting steps for the government of Kaff raria

Sir B. Frere to Sir M. Hi ks-Bsach, urging settle-
ment of Galekaland

Sir B. Frere to Sir M. Hicks-Beach., transmitting
Ministers' Minute, urging annexation of Galeka-
land t ) the Colony . . . .

Sir M Hicks-Beach to Sir B. Frere, acknowledging
receipt of above resolutions and correspondence,
reviewing question, and stating readiness to
issue Letters Patent on conditions . .

Sir B. Frere to Sir M. Hicks-Beach, forwarding
Minutes to and from ?,tinisters. — Extracts

Sir M. Hicks-Beach to Sir B. Frere in reply to No.
8. — First six paragraphs

Sir H. B- S- Frere to Secretary of State, trans-
mitting copies of two Ministerial Minutes
relative to the annexation of the Transkeian
territories . .

Secretai-y of State to Sir H. B. E. Frere, informing
that Her Majesty's Government are dissatisfied
with the proposal of Cape Ministers as to the
Native Cof'"'^,. and they think that provision
should be made for representation of the Natives

Sir H. B. E. Frere to Secretary of State, explaining
fully the coui-se Ministers propose to take with
regard to the Native Code

Secretary of State to Sir H. B. E. Frere, informing
that the proposed arrangements as to the Native
Code are sufficient

Secretary of State to Sir H. B. E. Frere, stating
more fully the views o£ Her Majesty's Govern-
ment with regard to the proposals of Cape
Ministers as to Native Code

Sir H. B. E. Frere to Secretaiy of State, forwarding
report from " Cape Argus " of the debate in the
House of Assembly on the 2nd reading of the
Transkeian Annexation BiU

Sir H. B. E. Frere to Secretary of State, forwarding
reports of further proceedings in the House of
Assembly relative to the Trauskei Auuexadon
Bill, and also with reference to Native titles to
land

Sir B. Frere to Lord Kimberley, forwarding Minute
from Ministers forwarding BiU to provide for
annexation of Transkeian Territories, and
covering memo, by Attorney-General

Lord Kimberley to Sir George Strachan, trans-
mitting Letters Patent

Lord Kimberley to Sir George Strahan, desiring to
be furnished with proposed Native Code

Lord Kimberley to Sir George Strachan, acknow-
ledging receipt of Annexation Act, and directing
Letters Patent to be withheld

Administrator Sir G. C. Strahan to Secretary of
State, acknowledging receipt of Despatch of
29th September, and informing that the Letters
Patent for the annexatioa of the Transkei
territories have not been published, and that no
action has been taken in regard to the Reserved
Bill

Minute from Ministers to Administrator, returning
Letters Pt\tent and forwarding memo, from
Attorney-General

References to other Papers relating to the Trans-
keian Territories

Date.

22nd May, 1876

.5th October, 1877 . .

1st August, 1878 . .
2nd SeiJtember, 1879
10th October, 1879 ..

21st October, 1879 . .

29th January, 1880 . .
26th January, 1880 ..
24th March, 1880 . .

27tli April, 1880 ..

9th June, 1880
(Telegraphic.)

14th June, 1880

13th July, 1880
(Telegraphic.)

15th July, 1880
IStliJuly, 1880

20tbJuly, 1880

16th August, 1880 ..
31st August, 1880 . .
1st September, 1880. .

29th September, 1880

1st November, 1880.

4th November, 1880.

Page.

10
11

13
13
14

28
37
38

CAPE OF GOOD HOPE.

Despatches and other Papers relating to the
Transkeian Territories.

^rcsentetr to tott) |^ous£S of parliament I)p commnnU of |^is (IBxcellcncg t^t CKobErnor.

1884.

DESPATCHES AND OTHER PAPEES RELATING TO THE
TRANSKEIAN TERRITORIES.

1. Sir Henry BarkJy to Lord Carnarvon.

Government House,
Cape Town, 5tli July, 1876.
My Lord,

Having reference to my previous despatches respecting affairs in the Transkei, as
well as to a j^aragraph in my speech in opening the session of the Colonial Parliament,
I have now the honour to submit copy of a Ministerial Minute transmitting for your
Lordship's consideration, and wilh a view to Her Majesty's sanction to the arrange-
ment being obtained, copy of a joint resolution of both Houses affirming the expediency
of the annexation to this Colony of the country known as Tembuland.

I have, &c.,
(Signed) HENRY BARKLY, Governor.

Minute. — Enclosure to 1.

Colonial Secretary's Office,

Cape Town, Cape of Good Hope,

30th June, 1876. ,

Minute. i

Ministers beg to submit for His Excellency the Governor's consideration, and for
transmission to the Right Honourable the Secretary of State for the Colonies, copy of
a resolution adopted by the Colonial Legislature on the subject of the annexation to
the Colony of the country situated between the Umtata and Tsomo Rivers, known as
Tembuland ; and they have the honour to request the sanction of Her Majesty's
Government to the extension of territory therein recommended.

(signed) J. C. MOLTENO.

Resolution adoj)ted by the House of Assembly on the 22nd June, 1876.

" That in the opinion of this House it is expedient that the country situated
between the Umtata and Tsomo Riveis, known as Tembuland, should be annexed to
this Colony, and that the Government take such steps as may place it in a position to
introduce a Bill to effect such annexation."

Affirmed by the Legislative Council, 30th June, 1876.

[G. 59.— '84.] B

No. 2.

Sir B. Prere to the Earl of Carnarvon.

King Wniiam's Town, October 10, 1877.
My Lord,

I iiave the honour to forward a copy of a notification which, with the
concurrence of my ministers, I have ordered to he published on the subject of our rela-
tions with Kreli and on the course to be adopted regarding him by the Colonial forces,
Transkei.

I should have been glad, before taking such a step, to have had a more exact defi-
nition of Kreli's precise position than I have been able to obtain from the Secretary of
Native Affairs. But on the main facts, most important to a decision of what should be
done, there coid(1 be no doubt.

Kieli's tribal forces, acting in every respect as if rmder his orders, and within a
few miles of his residence, had, without any visible check or remonstrance from him,
crossed the British boundary, and on British territory plundered and slaughtered British
subjects, had made an unprovoked attack on the Colonial police, and had only been
beaten back with great difficidty and Avith considerable loss of life.

Kreli, if he did not order, had made no attempt to prevent or to warn us against such
outrages. He had tacitly approved and sanctioned them, and when remonstrated with,
had simply pleaded inability to control his people.

For such conduct there could be no doubt that any potentate, whatever his preten-
sions to independent power, would be pimished by military occupation of his country.
In the present case there is absolutely no visible alternative practicable except to
declare his power at an end, to annex his country to the British Dominions in South
Africa, and to govern his country and people through the direct agency of British
officers.

A clear declaration of the intentions of Government seems to me a measure well
adapted to check the spread among other tribes of disaffection, and to prevent waverers
from joining Kreli. The immediate publication of the notification was especially
desired by Commandant Grriffith, and I have therefore felt no hesitation in anticipating
the orders of Her Majesty's Government, a course which under the circumstances will,
I trust, be approved.

I have, &c.,

(Signed) H. B. E. FREBE,

Governor and High Commissioner.

Proclamation of His Excellency the Governor. — [Enclosure in No. 2.]

The Chief Kreli has more than once in former days disobeyed the orders of
Government, and brought punishment on himself and on his people, the Galekas.

Government has repeatedly forgiven him and his people ; and, finally, after many
vicissitudes, they were settled down in a territory amply sufficient for his and their
wants ; where they were free from trouble or hostile interference of any kind ; where
'■he people might have lived in comfort, and Kreli miglit have ended his days in
""ce.

But Kreli was not content. He repeatedly asked the leave of Government to

us neighbours' lands. This was repeatedly and distinctly refused, ai^d he was
commanded to live at peace with his neighbom-s, and professed to be willing to do so.

: More than three montlis ago a trifiing brawl led to a fight between the Galekas
anu Fingoes. It was a matter which might have been easily settled by a fine. But
KrP'li either had not the will or the power to make his people keep the peace while the
inqviiry into the cause of the quarrel Avas proceeding.

The Governor went to the border to learn for himself the cause of these disturb-
ances, and to prevent them for the futiu-e. He was encamped for several days within
a few miles of Kreli's place, and saw every one Avho came to him. Kreli was made
fully acquainted with the object of his visit by the Besident, Colonel Eustace, who by
himself repeating the Governor's words to Kreli, did not leave Kreli to gather the
wishes of Government merely from the friendly messages which the Governor also sent
him by several of Kreli's family and councillors Avho came to visit his Excellency. But
Kreli himself neilher visited tlie Governor nor sent him any message.

Finally, the Governor, that there might be no excuse for Kreli's not fully under-
standing the wishes and intentions of Government, sent him in Avriting, by the hands
of Colonel Eustace, a full explanation of what was required of Kreli.

Kr'eli desired Colonel Eustace to thank the Governor for his message, but took no
steps to give effecfr to the just commands of Goyernment,

The Governor having gone on his journey, the invasion of British terriiory and
the phindering and murder of British subjects by large armed bands of Galekas were
immediately resimied.

Colonel Eustace remonstrated with Kreli, who replied by stating his inability to
control his rebellious subjects ; but he made no visible effort to restrain or punish them,
nor to obtain the assistance of Government to restore order.

Under these circumstances Colonel Eustace told the chief that if he were unable to
control his people, the British Resident could not remain with him ; and Colonel
Eustace, therefore, withdrew himself and directed the withdrawal of his establishment
from Kreli's territory.

The Chief lu-eli having distinctly expressed his inability to punish his people, or
to prevent such outrages for the future, Commandant Griffith has been directed to
advance into Ivreh's country, to put down, by force, if necessary, all attempts to res^ist
the authority of the British Government, or to molest its subjects, and to exact full
reparation for the injm-ies inflicted on British subjects by Kreli's people.

Kreli was recognised as paramoimt chief of the Galekas, and especially favoured by
Her Majesty's Government, in order that he might govern his people well, according
to their own customs, help them to prosper, and be at peace with all their
neighbours.

He has forfeited all claims to (lie power and privileges he has heretofore enjoyed
by favour of the British Government.

He is, therefore, hereby deposed from all power and authority as chief. All
persons — Galekas and others — are hereby forbidden on pain of punishment from
obeying Kreli as chief. His country is taken from him, and will be disposed of as
Government shall direct ; and, pending instructions from Her Majesty's Government,
will be ruled directly by officers appointed by the Governor of the Cape of Good
Hope.

Commo.ndant Griffith has been instructed to occupy the country heretofore
, governed by Kreli, and to arrange for its future administration as part of Her Majesty's
possessions in SoulU Africa ; and all Her Majesty's loyal subjects are hereby strictly
■ enjoined to obey him on pain of punishment for disobedience.

By order of the Governor and High Commissioner,
For the Colonial Secretary,

JOHN X. MEERIMAN,

Commissioner of Crown Lands.

King William's Town, October 5, 1877.

No. 3.

Besolution, adopted by the Honourable the House of Assembly, on Tuesday, the
oOth July, 1878, and concurred in by the Honom'able the Legislative Coun-
cil on 1st August, 1878 : —

" That in the opinion of this House it is expedient that the Tracts of Country
situated in the Trauskei, known respectively as Bomvanaland, ceded to this Govern-
ment by arrangement with the Native Chief Moni, and Galekaland, obtained by con-
quest, should be annexed to this Colony, and that the Government take such steps as
may place it in a position to introduce a Bill to effect such annexation."

No. 4.

Extract from Despatch from Sir B. Frere to Secretary of State, dated

2nd September,. 1879.

*****

9. — The case of Kaffraria is in some respects even more simple. Her Majesty's
Government is aware of the anomalies in the legal position, and of the doubts as to
jirrisdiction in almost all of the seven or eight divisions of the country between the Kei
and the Natal Border.

10. I need not dilate upon the pressing necessity for legalizing in some way,
administrative authority throughout the Avhole territory nor on the ease with which this
might be done by investing the Colonial Parliament with power to legislate for
Kaffraria, and to administer it as Colonial Territory.

11. I have no reason to suppose that Her Majesty's Government contemplate with
approval either of the alternatives proposed by members of the Colonial Legislature,

B 2

who have generally opposed the present Ministry, and who have suggested that Ka&aria
should be either erected into a separate Crown Colony under the direct control of the
High Commissioner, or that it should be annexed to Natal.

12. Unless some plan of the kind be in contemplation, I would suggest that the
necessary authority be given to this Grovernment by the Crown to govern, and to pro-
vide for the administration of the whole territory, and to legislate for it through the
Colonial Parliament, with any reservations or qualifications which Her Majesty's
Government may think called for by the peculiarities of the various divisions of the
Territory.

13. On the latter point, till I am favoured with any intimation of the points
regarding which my opinion is desired, I forbear to add to the suggestions I have
already submitted to Her Majesty's Grovernment.

(Signed) H. B. E. FRERE, Governor.

No. 5.

Sir B. Fkere to Sir M. Hicks-Beach.

Government House, Cape Town,
Sir, October 10, 1879.

I have the honour to inform you that I continue to receive reports from the Trans-
kei of the evil results of leaving Galekaland without any definite land settlement.
Capt. Blyth is unable to give the people — Galekas and others — now there any definite
title or assurance regarding their land, or to take any other steps to settle them down,
and the season for some of the most important agricultural operations is passing away.
All action in matters of land settlement has been suspended, in consequence of Minis-
ters understanding that such questions must stand over till that of a confederation of
South African Colonies is further advanced. I cannot think that this is desirable, or
what Her Majesty's Government intended, and, unless I receive your instructions to
any contrary effect, I propose informing my Ministers that I do not understand it to be
the wish of Her Majesty's Government that the land settlement of Kreli's late country
should be longer delayed.

I have, &c.,

(Signed) H. B. E. FRERE, Governor.

The Right Hon. the Secretary of State, Colonial Office.

No. 6.

Sir B, Frere to Sir M. Hicks-Beach.

Government House, Cape Town,
Sir, October 21, 1879.

With reference to my Despatch of the 10th instant, on the subject of the present
condition of Galekaland, and the intentions of Her Majesty's Government with rela-
tion to it, I have the honour to transmit for your information a minute which I have
to-day received from my ministers on the subject.

I have, &c.,

(Signed) H. B. B. FRERE, Governor.

The Right Hon. the Secretary of State, Colonial Office.

Minute. — [Enclosure in No. 6.]

Colonial Secretary's Office, Cape Town,
Sir, Cape of Good Hope, October 21, 1879.

In replying to his Excellency the Governor's Minute of the 12th instant, Ministers
beg to offer the following remarks upon the question of the settlement of Galekaland.

They deem it of the utmost importance that the country formerly occupied by
Kreli and the Galekas, and from which they were expeUed during the late war, should
be proclaimed as annexed to the Colony.

The want of this is interfering in more than one direction with the good govern-
ment of the people already living in the Territory, deterring others who wish to remove
into it from carrying out their intention, and moreover delaying the proper disposal
and settlement of the lands designed for occupation by Europeans.

Annexation is indispensably necessary to the establishment of order between
Fingoes and Kafirs, who can never be relied upon to keep the peace while living in close
proximity to one another, or nntil a restraining element is introduced by the presence
of Europeans living between them.

The establishment of a village which will form a centre of trade and civilisation is
necessarily deferred, and in various ways the immediate progress of this part of the
country, as well as its permanent good, are prejudiced by the want of annexation.

John Miller.

No. 7.
Sir M. HICKS-BEACII to Sir B. FEERE.

Downing Street, January 29, 1880.

Sir,

I iiAA'E the honour to acknowledge the receipt of your Despatches noted in
the margin, and to inform you that Her Majesty's Grovernment
[ ^^[f ' 2nd'stpteSber. have had under their consideration the resolutions of the Cape
;; 21st octoter/ Housc of Asscmbly of the 22nd January 187G and 30th July

1878, the Minutes addressed to you on various occasions by your
Ministers, and your own representations relative to the position of the territories East of
the Kei Biver not included in the Cape Colony.

2. You have on various occasions pointed out the anomalous position in which the
officers representing the British Grovernment in these districts are now placed, in having
no legal authority for the exercise of the magisterial and other duties entrusted to
them, and you have drawn special attention to the difficulty of effecting any
permanent settlement of Galekaland, so long as there is no power to give legal titles to
land. On these grounds, as well as with the object of removing the feeling of
uncertainty which existed as to the future disposition of the territory, you have urged
that there should be no further delay in transferring the control of it to the Cape
Grovernment.

'3. In replying to your previous Despatches on the subject, while generally
approving of the principle of extending to such districts as were already under British
supervision and provisionally administered by British officers, a more direct Government
under a central administration, I expressed my opinion that it would for some reasons
be convenient to defer determining their future position until it could be considered in
connexion with the general question of Confederation.

4. I have, however, not failed to recognise the force of your representation, that
serious evil may arise from a further continuance of the present state of affairs and that
the transfer of these districts to the Cape Colony will be in reality but the conversion of
a " de facto " into a " de jure " Government, while it is a consideration of much weight
that your Government has assumed, and is willing to continue to bear the full charge of
their administration and offers to be responsible for their defence against native out-
breaks and attacks.

5. The following is I believe a correct statement of the relative position and
extent of the several districts of Kaffraria already included in the Cape Colony, and
of those which yoiu' Government desire to deal with at the present moment.
Basutoland, cocitaining an area of about 7,000 square miles, became British territory
in 1868, and in 1871 was included in the Cape Colony. In 187C Her Majesty's
sovereignty was extended over Nomansland, Fingoland, and the Idutywa Reserve,
co\ prising in the whole about 8,000 square miles, and in June of that year Letters
Patt it were issued for the transfer of these districts to the Cape, under similar arrange-
ments to those adopted in the case of Basutoland ; under your proclamation of last year
the annexation was completed, and these districts are now known as East Griqualand
and the Transkei.

6. Her Majesty's Government are now invited to complete the transfer to the Cape
Colony of the adjacent and homogeneous native territories alreadj^ under the Queen's
sovereignty, in pursuance of the Resolution of the House of Assembly of the 22nd June
1876, which recommended the further incorporation of the country between the Umtata
and Tsomo Rivers, known as Tembuland or Tambookieland, and the subsequent resolu-
tion of the 30th July 1878, in which it was further recommended to unite Galekaland
and Bomvanaland with the Cape Colony.

7. The temtory thus proposed to be transferred to the Cape Colony would, taking
in the new district of the Transkei, be bounded by the districts of East London, King
"William's Town, Queenstown, and Wodehouse, on the south-west, and north by the
district of Griqualand, and the River Umtata on the East, and by the sea on the south-

east, and would comprise in all an area of about 8,500 square miles, inclusive of the
2,000 square miles of territory already annexed under the designation of the Transkei
district. All these districts (inehiding Emigrant Tamhookieland, which from its
geographical position and similar circumstances must necessarily he included in any
arrangement affecting them) have for some time past been controlled by magistrates
acting imder yourself as Her Majesty's Commissioner, and paid wholly or in part from
the Cape Revenue.

8. Her Majesty's Grovernment having fiilly considered the actual circumstances of
these districts, and the administrative action which has ah'eady been taken in respect of
them, either by the High Commissioner or by the Cape Government, and being sensible
of the impossibility of maintaining for any length of time the present state of affairs,
are prepared to comply with the suggestion of your Ministers that the Cape Colony
which has hitherto undertaken the labour and defrayed the cost of providing such
supervision as has been practicable during the present stage of transition, should now
be empowered to administer them effectively, and I have accordingly advised Her
Majesty to issue Letters Patent under the Great Seal, authoiising the Cape Parliament
to proceed with the legislation necessary for their admission into the Cape Colony.
These Letters Patent will be transmitted to you after I have received a memorandum
from your Ministers, confirming the desire to undertake these functions which has been
already expressed by the Cape Legislature, and intimating that they are prepared to
make provision for all future expenditure incidental thereto.

9. It would seem convenient that advantage should be taken of the present oppor-
tunity to bring the districts of Basutoland, East Griqualand, and the other Transkei
territories, under the same system with those now about to be transferred to the control
of the Cape Government, and that the whole should be united into a separate province
to be attached to the Cape Colony, with some such form of Government as that suggested
in your Minute of the 2nd of June 1878, enclosed in your Despatch of the 4th of June
of that year. Such an arrangement, including perhaps some representation in the Cape
Parliament, would be in harmony with any plan that it may be found necessary to
adopt for giving a certain amount of provincial autonomy to Griqualand West, and
might also be a suitable occasion for making such improvements in the Basutoland
Code either in the administration of justice or to meet the increased civilisation of the
natives, as experience may have proved to be desirable.

Governor Sir Bartle Erere, Bart.,
&c., &c., &c.

I have, &c.,
(Signed) M. E. HICKS-BEACH.

No. 8.

Sir B. FEEEE to Sir M. HICKS-BEACH.

Government House, Cape Town,
January 26, J I
Sir,

Eeferrixg to your Despatch of 11th December last, I have the honoiu- to
forward copy of my Minute, forwarding it for the information of my Ministers, and
also copy of their reply.

I trust that the general spirit, as well as the details of this communication, will be
considered by Her Majesty's Government to be satisfactory.

If the suggestion in paragraph 12 for a Conference in which all the Colonies shall
be represented approves itself to Her Majesty's Government, it will not be now necessary
to discuss all the details which must come for consideration before the Conference, and
will, by it, be submitted to Her Majesty's Government.

I have, &c.,

(Signed) H. B. E. FRERE,

Governor.

Enclosm-e 1 in No. 8.

Secretary or State's Despatch of the 11th of December 1879, on the subject of

Confederation.

These papers are forwarded to Ministers for any observations they may wish
transmitted to the Secretary of State on the subject of Confederation. 1 shall be glad

if in particular Ministers would favour me with any assurance they may wish conveyed
to Her Majesty's Government as to their willingness to undertake " functions and
" responsibilities incidental to that leading position in the South African Union which
" the Cape Colony, if a member of it, must necessarily occupy."

As regards paragraph 6 of the Despatch, the points on which, as I understand Her
Majesty's Government would be glad of assurance from the Cape Ministry are, first,
whether they are still willing to deal, not only with Galekaland, Bomvanaland, and
Tembuland, but also with Griquidand West ; secondly, whether Her Majesty's
Government, that if the whole country of Kaffraria is to be governed after annexation
as a province depending on the Cape, by the Governor, acting by and with the advice of
his Ministers, the code to which such province of Kaffraria shall be subject shall satisfy
all reasonable people that proper safeguards are provided regarding the administration
of justice between natives and Europeans.

Neither the Basutoland code nor the Kaffrarian code are free from obvious and
serious objections, and I cannot think that a system of separate codes for any district
intended to become an integral part of the Colony is desirable, but the best process of
administration between such outlying districts of the old Colony is probably to be found
in some provision for eventual representation in the Cape Parliament.

I should be glad if Ministers woidd favour me with their opinion on a system
similar to that followed in the United States of North America, whereby a province
emerging from a state of barbarism, and becoming the home of civilized settlers,
j^asses through a probation as a territory governed by the central government of the
States, and is entitled to admission to the union as a State as soon as it can prove that
it contains a certain amount of civilised settled population, and a certain number of
persons qualified as educated, civilised men, to exercise the usual franchise in
voting for representatives. For instance I find in some of the electoral divisions
of the old Colony the total male population is set down as low as between 4,000
and 5,000 males, and that the number of registered electors is in some cases
under 600. Suppose it were enacted that any territory which does not at present
send representatives to the Cape Parliament should be entitled to be represented as
soon as they can prove that the male population exceeds 4,000, and that there are at
least 400 adult males, whose property qualification in the old Colony would entitle them
to a vote.

Let the qualification for the franchise be the same as in the Colony, with the addition
of an educational qualification. For instance, it might be enacted that no claimant of
the franchise shall be entitled to be registered as a voter unless he can satisfy the regis-
tering officer that he caa read and write English sufficiently to read and write out himself
accurately and legibly his claim to vote under the Act, and a declaration of allegiance to
Her Majesty the Queen, to which at the discretion of the registering officer might be
added writing out an extract, not exceeding so many lines, of any part of the Act
regarding elections. Some such plan it seems to me might give a share of representa-
tion without incurring the risk of a blanket vote, a vote representing mainly the bar-
barian element. No one woidd be admitted who had not individual property of his
own, and at least as much education as the ordinary run of the poorer voters in the old
Colony.

If any such provision could be inserted in the Act of Annexation, it would, I
think, meet all reasonable desires of those who are anxious to guard against the govern-
ment of large populations by a Legislature in which they are not represented.

I have, &c.,

(Signed) H. B. E. Freke, Governor.

Enclosure 2 in No. 8. — Extract from Minute.

Colonial Secretary's Office, Cape Town,

January 24, 1880.

Upon a Despatch of the Right Hon. the Secretary of State of 11th December
1879, and on a Minute of his Excellency the Governor upon that Despatch.

With respect to the annexation of the Transkeian territories, Ministers are not only
willing but anxious to deal with Galekaland, Bomvanaland, ami Tembuland, for their
inability to deal legally with those territories places the Colony at a very great disad-
vantage. They have repeatedly urged upon his Excellency the expediency of the
assent of Her Majesty's Government beiug obtained to the resolutions of the Cape
Legislature in favour of the annexation of those territories to the Colony, and so soon
as that assent is signified, BiUs will be introduced into Parliament to carry out the
object desired.

2. In the event of these territories being annexed to the Cape Colony, to be
governed after annexation by the Governor, acting by and with the advice of his
Ministers, Ministers are fully prepared to undertake their defence (as they have in fact
been doing for the last 18 months) upon the understanding that Her Majesty's Grovern-
ment will exercise no further control over the administration of affairs in the annexed
territories than is involved in the constitutional action of the Grovernor, and the power
of veto upon acts of the Colonial Parliament.

3. With respect to the laws to be administered in the annexed territories, in the
opinion of Ministers it is expedient, in the interest of the natives, that the Colonial laws
should be modified by special laws and regulations suited to people in a state of bar-
barism, or but just emerging from it, and Ministers will be prepared to submit a
special code for the approval of the Colonial Legislature.

4. In the course of time, as civilisation advances, and the territories inhabited
by natives become completely absorbed in the Colony, the people will undoubtedly be
represented in the Legislatm-e ; but Ministers are not at present favourable to a direct
representation in Parliament of the native inhabitants of the annexed territories.
Nominee members are inconsistent with the principles of Pai-liamentary government ;
elected members would owe their election to the power of the agents of the Grovernment
or to the influence of the Chiefs, probably in antagonism, both agencies being opposed
to the spirit of free representative institutions.

******

J. GOEDON SPEIGG.

No. 9.

Sir M. HICKS-BEACH to Sir B. FPERE.

Downing Street, March 24, 1880.

Sir,

I received with much satisfaction your Despatch of the 26th of January,
enclosing copies of minutes by yourself and your Ministers, on the future position of
the Transkei temtories, and on the subject of Confederation.

2. I addressed you very fully in my Despatch of the 29th January, upon the
question of the Government of Galekalaud, Bomvanaland, a,nd Tembuland, discussed
in the earlier paragraphs of your Ministers' minute ; and after considering the state-
ments now made by them, I do not perceive that I need modify the explanations then
conveyed to you of the general principles on which, in the opinion of Her Majesty's
Government those territories should be dealt with.

3. In the 8th paragraph of my Despatch already referred to, I informed you that
the Letters Patent providing for the incorporation of the territories in question with
the Cape Colony, would be transmitted to you after I had received a memorandum
from your Ministers, confirming the desire which has been already expressed by the
Cape Legislature to undertake the functions of governing them and providing for the
expenses incidental thereto. This condition is sufficiently satisfied by the assurances
contained in the first and second paragraphs of your Ministers' minute ; and with
regard to the qualifications with which the latter of these paragraphs concludes, I have
to observe that after the annexation, Her Majesty's Government Avill have no desire to
exercise any further intervention in the affairs of the territory than is involved in
what your Ministers describe as " the constitutional action of the Governor," saving
always the general power of tlie Crown to review colonial legislation, and the special
authority with regard to legislation affecting the natives, which has been reserved to
Her Majesty by Parliament, in the 55th section of the South Africa Act of 1877.

4. i the meantime, however, your Ministers will doubtless agree with me that
Her Majesty's Government should have an opportunity of considering, before tliey are
finally settled, the provisions of the special code which is generally admitted to be in-
dispensable for the government of native territories, such as those now under considera-
tion, and which would of course be based upon the code which has Avorked beneficially
in Basutoland.

I am confident that tlie laws wiiich yom^ Ministers Avould propose for this purpose
will be framed in that fair and liberal spirit which has for many years characterised the
relations of the Cape Government with the native tribes. But 1 feel sm-e that they
will readily admit, that before transferring to the control of a Colonial Government
large tracts of country inhabited by uncivilised British subjects, who cannot at present
be directly represented in Parliament, Her Majesty's Government are nut only entitled,

bvit bound to satisfy themselves that the laws under which these native districts will be
administered are such as they can approve.

5. I am disposed to think that this object may be secured in a mode satisfactory
alike to the Cape Government and Parliament and to Her Majesty's Governnient,_ if
the Queen's Letters Patent are so framed as to require that the Colonial legislation
providing for the annexation of their territories, which must be passed before the pro-
clamation of incorporation, shall comprise a special code for their government, based
upon the principles indicated in the last paragraph of my Despatch of Jan'tiary 29th,
and a scheme for their eventual representation in Parliament, on the fulfilment of
certain conditions ; on which point the suggestions contained in your minute will deserve
special consideration.

6. Turning now to the seventh paragraph of your Ministers' minute, I admit_ the
force of their contention that the subject of confederation shoidd be considered irre-
spectively of the apportionment between the Imperial and Colonial Governments of the
expenditure incurred in the Transkei War and Gaika rebellion. It is, however, obvious
that the futiu-e position of the territories thus acquired or pacified has a very important
bearing upon the settlement of this latter question. And as, in compliance with the
urgent and repeated request of the Cape Government and Parliament, Her Majesty's
Government have decided that these territories should be included within the Cape
Colony, I assume that yoiu- Ministers will be prepared at once to recommend to Parlia-
ment that provision shoidd be made, on completion of the annexation, for the repayment
of the sum, apparently amounting to about £260,000, clue to the Imperial Government
for the pay, transport, and commissariat of the Colonial forces dimng the war, which
resulted in this acquisition ; and will be ready to discuss the mode in which the extra-
ordinary charges incurred by the Imperial forces sliould be dealt -with, as soon as the
outstanding accoimts of the colonial expenditure are finally rendered.

*****
I have, &c.,

M. E. HICKS-BEACH.

No. 10.

Sir B. Frere to Sir M. Hicks-Beach.

Government Piouse, Cape Town,

April 27, 1880.
Sir,

I have the honour to transmit, for the information of Her Majesty's Government,
two Minutes I have received fi-om my Ministers upon, respectively, your Despatches
of the 18th ultimo, forwarding a letter dated the 6th ultimo, from Mr. Chesson, and of
the 24th ultimo, relative to the annexation of Transkeian territories, and adjustment
of miHtary expenditiu-e.

I hope to forward by next mail any remarks which I think I shoidd submit for
your information on this correspondence. '

I have, &c.,

(Sigued) H. B. FREEE, Governor.

Minute. Enclosure in No. 10.

Colonial Secretary's Office,
Cape Town, Cape of Good Hope,

April 27, 1880.

In returning to His Excellency the Governor the Eight Honourable the Secretary
of State's despatch, dated the 24th March, Ministers have the honour to state, with
regard to the special code of laws for the government of the territories proposed to be
annexed to the Colony, that it is their intention to proceed in the same manner as in
the cases of the territories known as the Transkei and Griqualand East, recently an-
nexed to the Colony.

2. In the event of the Annexation Bill passing the Legislatiu-e, it will be reserved
for the signification of Her Majesty's pleasure, and Ministers intend that, in sending
the BiU to England, it shall be accompanied by the code of laws for the government of
the territories, so that Her Majesty's Government may distinctly understand the powers
and responsibilities proopsed to be conferred upon the Colonial Government, and have
an opportunity of foi-ming an opinion as to the appHcability of such laws to the people
in whose behalf they are framed.

[G. 59— '84.] c

3. The Code will of course be laid xipon tlie table of the Colonial Legislature, but
in the opinion of Ministers it would not be expedient that it shoiild be i_included in the
Annexation Bill itself. Still less are they prepared to frame and embody in the Bill a
scheme for the future representation in Parliament of the inhabitants of these terri-
tories. There are now large tracts of country, containing a very considerable population,
such as Basutoland, the Transkei and Griqualand East, which are not directly repre-
sented in the Legislature of the Colony ; and though such a state of things may be
regarded as an anomaly under a constitutional government, it must be remembered
that the great mass of the population is sunk in barbarism, a few of them only emerging
into civilisation, and very few indeed who can be regarded as civilised.

4. It appears to Ministers that the only representation ultimately to be given to
the inhabitants of these territories must be of a similar character to that enjoyed by the
inhabitants residing in the older districts of the Colony. The territories must for that
purpose be constituted electoral divisions by an Act of the Cape Legislature. Up to
the present time no intimation has been given by the inhabitants that they are suffering
a grievance from the want of direct representation in the Legislature of the Colony, and
so far from there being a desire to obtain it, Ministers have good reason to believe that,
in the case of one of the territories at least, the proposal to place the inhabitants upon
the same footing in all respects as the Colony generally would not be favourably
received by the people themselves.

5. So soon as these unenfranchised populations approach the Grovernment and the
Parliament with a petition for enfranchisement their application will receive earnest
consideration, for there is no indisposition on the part of the colonists to grant to the
native population any rights or privileges that may appear likely to remove discontent
or promote their well-being.

6. On paragraph 6 of the Despatch Ministers beg to remark that they are imable to
give any assurance of their intention " to recommend to ParKament that provision
"should be made on the completion of the annexation for the repayment of the sum (ap-
"parently amounting to £260,000) due to the Imperial G-overnment for the pay,
" transport, and commissariat of the colonial forces during the war which resulted in the
"acquisition of the territories" now proposed to be annexed to the Colony. The
Q-overnment and the Legislature have desired that those territories should be annexed
to the Colony for the purpose of bringing them under a civilised Grovernment, and by
so doing they relieve Her Majesty's Grovernment of a very grave responsibility ; but
the acquisition and government of these territories is not a pecuniary advantage to the
Colon}', on the contrary it entails a heavy burden and liability u^jon the
Colony. The cost of the civil administration far exceeds the revenue derived from the
territories, and a large military force is necessarily maintained for the purpose of pre-
serving peace, the cost of which would fall upon the Imperial Grovernment if the
territories are not annexed to the Colony ; unless, indeed, the barbarous inhabitants
should be left to themselves, which would result in a few years in a condition of
robbery, bloodshed, and war throughout Soutli Africa, which cannot be contemplated
with equanimity by anyone imbued with the ordinary sentiments of humanity.

7. The accounts of the expenditure incurred by the Colonial Grovernment since
September, 1877, in various wars and rebellions upon the frontiers of the Colony, having
all a common origin in the restless native mind are not yet complete. But considerable
sums have been expended by the Colony in the interest of the Imperial Government,
and on accoimt of wars over which the Colonial Grovernment had no control, which have
to be brought forward as a set off against the sum of £260,000 referred to in the
Despatch, and Ministers submit that, until these sums are finally brought to
account, the proportionate liability of the two Governments cannot conveniently be
determined.

8. But Ministers are of opinion that when the accounts are finally rendered it will
appear that the Colony cannot reasonably be required to pay anything in addition to the
very large amount already expended from the Colonial Treasury for war purposes.
The war did not commence in the Colony, but with the Chief Kreli and his tribe, who
occupied a territory adjacent to the Colony, and who were not subject to the Colonial
Government. Every effort was used at the time of the outbreak to avert war, and it
was only when the Galekas made an attack upon Her Majesty's subjects residing in
Fingoland that the Colonial Government was compelled to resist that invasion, and
protect Colonial interests. Kreli and his tribe having been planted by the Imperial
Government in the territory occupied by them down to the clcse of 1877, contrary to
the desiies and warnings of the colonists, the Imperial Government cannot repudiate
liability for the consequences of their policy. It cannot be maintained that the Colonial
Government is bound to accept the results of a policy over which they had no control,
and to which they distinctly objected.

9. If the annexation of the territories already referred to is carried out, and the
Colonial Government is allowed to maintain its own policy in the administration of
native affairs, Ministers are confident that the resources of the Colony are sufficient
to enable them, without the assistance of Her Majesty's troops, to give an assurance
of peace, or to put down rebelHon if it should unfortunately break out. But as that
position was not established in the past, and does not exist even at present, Ministers
submit that the Colony can only be asked to contribute a fair proportion towards the
expenditure recently inciu^red in securing peace on the frontier, and that the amount
already paid out of the Colonial Treasury does in fact represent such fair proportion,
for in addition to the heavy burden entailed by direct war expenditure an enormous loss
has been sustained by the Colony in the stoppage and dislocation of its trade, and in
the destruction of stock and immovable property, which cannot be estimated at less
than half a million sterling.

10. Ministers are sensible of the obligation under which the Colony is laid to the
Imperial Government for the noble assistance rendered to South Africa in its time of
extremity, and they are desirous of fairly meeting every claim which can justly be
brought forward. But they submit for the consideration of Her Majesty's Government
the fact that notwithstanding the restless and disturbed condition of the native tribes
within and beyond the Colony not a single Imperial soldier has been retained in the
Colony for colonial purposes for considerably more than a year, and that diu"ing the
last two years great efforts have been successfully made to enrol and organise an effective
and defensive force, so as to relieve the Imperial Government from any likelihood of
having to render military assistance to the Colony in the future. The Colony has
striven to do its duty as a constituent part of the Empire, and Ministers believe that
bearing in mind the magnitude of the difficulties with which the affairs of South Africa
are beset, and the desire on their part to assist as far as possible in the solution of those
difficulties, the Imperial Government will not unduly press the Colony for payment
of the amount which may ultimately appear to be outstanding on account of war
expenditure.

J. Gordon Sprigg.

No. 11.

The Eakl of Kimberley to Sir B. Frere.

(Telegraphic.)

9th June, 1880. — Before replying to the minute of your Ministers, enclosed in your
Despatch of 27th April, I have waited for the further Despatch promised by joii. As,
however, the Session of the Cape Parliament is progressing, I will not longer delay to
intimate that Her Majesty's Government could not be satisfied with the proposal of
your Ministers as to the Native Code. They consider it to be essential that, in accord-
ance with the intentions of Parliament, as expressed in the 55th section of the " South
Africa Act," the Code should be included in the Annexation Bill, or, if more convenient,
in a separate reserved Bill.

With reference also to the 19th section of the same Act, I think that some pro-
vision should be made for the due representation of the natives hereafter, in the manner
suggested by your Minute enclosed in your Despatch of 26th January.

No. 12.

Sir B. Frere to the Earl of Kimberley. *

Government House, Cape Town,
June 14, 1880.
My Lord,

I have had the honour to receive yoiu' Lordship's telegram of the 9th
June, informing me that Her Majesty's Government could not be satisfied with the
proposals of my Ministers as to their Native Code ; that in accordance with the
intentions of Parliament expressed in section 55 of the South Africa Act the Code
should be included in the Annexation Bill, or, if more convenient, in a separate reserved
Bill.

That, referring also to section 19 of the same Act, yoiu" Lordship thinks some
provision should be made for due representation of natives hereafter in the manner
suggested by my Minute enclosed in my Despatch to the Secretary of State, dated the
26th January.

c 2

I lost no time in communicating yom- Lordsliip's views to my Ministers, and
personally discussed them at much length with Mr. Sprigg, who asked me to lose no
time in submitting to youi' Lordship a statement of the course they had proposed to
adopt, which he thought had possibly been imperfectly explained, and which he hoped
-would meet the intentions of Her Majesty's Grovernment.

That course was substantially the same as had been followed in previous cases of
annexation of native territory to the Colonj^ The Bill for annexing the territory would,
if passed, be reserved, nii I the proposed Code having been laid on the table of the House
of Assembly Avould be also reserved for the signihcation of her Majesty's pleasure.
Ample time would be thus allowed for the statement of any objections, and for the dis-
cussion of alterations or amendment, if any were proposed. The Code itself would be
mainly taken from the codes now in force in Basutoland, Fingoland, &c., which, though
far from perfect, and not free from objection, work moderately well, and supply at least
a portion of what is needed in a district previously without any law but the discretion
of the Magistrate.

It is the necessity for supj)lying, with as little delay as possible, this absolute de-
fect of any written law, which is one of the main arguments weighing with my Ministers
against either including the Code in the Annexation Act, or even in a separate re-
served Bill.

The subject of the best code of laws for a native community is a very wide one.
The same special code can hardly suit tribes of the same race in different stages of civili-
sation, and the discussion seemed to my Ministers more appropriate to a confederation
conference than to the latter days of a Parliamentary Session.

I confess that the more I examine the question in this Colony the less ground does
there appear for any such special codes. There can be no doubt that, however much
they may do at first, in easing the yoke of law to an imcivilised race, their ultimate
tendency is to keep back that race from improving and advancing, and to stigmatise as
backward barbarians the races subject to such special legislation.

Somewhat similar are the grounds stated by Mr. Sprigg as the objection to em-
bodying in the Annexation Act any provision for the representation of the natives.
The Act is mainly required to supply the present want of any law. The subject of
native representation is a very wide one. It must necessarily come before any con-
federation conference, and can be better discussed there than in Parliament ; and, in
this case also, I much prefer the system in force in this Colony where there is no dis-
tinction between white and black constituencies, and where any native can, if he
pleases — and great multitudes actually do — easily earn the right to vote for their own
representative.

I have, &c.,

(Signed) H. B. E. FEERE,

Governor.

No. 13.
The earl OE KIMBERLEY to Sir B. FRERE.

(Telegraphic).

July loth, 1880. — In reply to your Despatch of 14th June respecting the Transkei
territories.

The proposed arrangements as to the Native Code are sufficient. The Letters
Patent will reserve the Queen's approval as necessary for future amendments in the
Code, as explained in my telegram of Uth June.

As the Acts for annexing other native territories to the Cape Colony have not pro-
vided for native representation, I will not insist on the insertion of such a provision for
the Transkei.

No. 14.
The earl OE KIMBERLEY to Sir B. FRERE.

Downing Street, July 15, 1883.

Sir, — I have the honour to acknowledge the receipt of your Despatch of the 14th
ultimo respecting the Native Code for the Transkei territories.

2. I have already informed you generally by telegraph of my decision upon the
points referred to in your Despatch, and I noAv proceed to put you more fully in pos-
session of the views aud reasons upon whicli I have acted.

3. The arrangements proposed by yonr Ministers with regard to the Native Code
appear to me to be sufficient, and I shall accordingly cause the Letters I'atent authoris-
ing the annexation of the Transkeian territory to be at once proceeded with. A clause
will be introduced making it necessary tliat any future amendments of the Native Code
should be submitted for Her Majesty's approval.

I am unable to agree with your views as to the absence of a necessity for such
special codes.

4. The utility of such codes, which you yourself admit, in easing the yoke of law
to uncivilised races, apj)ears to me to outweigh the possible risk that the advancement
of the natives subject to them will be retarded by their being kept for a time under a
special system.

Moreover, in sanctioning the extension of the authority of the Colonial Grovern-
ment over large masses of natives. Her Majesty's Grovernment feel bound to take
security that these natives will be governed upon principles of which they can
approve.

The enactment of a Native Code for the Transkei now will not prevent its amend-
ment from time to time, with tlie assent of Her Majesty's Government, as necessity
may require.

5. With regard to the future representation of the Transkei territories in the
Colonial Parliament, I have to observe that whilst I should have been glad if same
scheme could have been embodied in the Annexation Act in accordance with your sug-
gestions, which were approved by my predecessor, I am not disposed to press further a
proposal which you yourself, as I understand, no longer recommend.

6. I admit that even if some plan could have been framed for the future represen-
tation of these territories^ it would have been incomplete unless it had embraced Basuto-
land and the Transkeian territory already annexed. Such a general scheme could not
however have been framed without prolonged discussions, which would have in-
definitely postponed the establishment of a regular Grovernment in the territories imme-
diately in question, and as no such provision has been made in former Annexation Acts
I do not think it necessary to insist upon it in the present instance.

I have, &c.,

(Signed) KIMBERLEY.

No. 15.
Sir B. FEERE to the EAEL OF KIMBERLEY.

Grovernment House, Cape Town,
July 13, 1880.
My Lord,

With reference to previous correspondence on the subject, I have the
honour to enclose the report, as given in the " Cape Argus " of this date, of the debate
in the House of Assembly yesterday upon the second reading of the Transkeian An-
nexation Bill.

I have, &e.,

(Signed) H. B. E. FEERE,

Governor.

Enclosure to No. 15.

PEOCEEDINGS IN CAPE PAELIAMENT.

House of Assembly,

Monday, the 12th July, 1880.

" Cape Argus " Eeport of the Transkeian Annexation Debate.
The Secretary for Native Affairs, in moving the second reading of this Bill,
referred to the resolution of the House in favoiu' of annexation passed in 1876, the
matter having since been defeiTcd up to the present time. The annexation was neces-
sary for the due administration of justice. He related the circumstances under which
the Grovernment had placed the Emigrant Tembus and Gaika'fe in their present locations.
He said that we were not in this ease undertaking any fresh liabilities by the annexation
of these territories. We had already magistrates there, and we were collectino- taxes
and controlling the affairs of the country. The Chiefs were entrusted with all matters
of minor importance, dispiites, and so on ; but murders an 1 serious crimes were reserved
for the magistrates. That was the condition which at present prevailed so far

as Tembulaiid was concerned; and the Act now proposed was simply for tlie
better government of the people. He begged to move the second reading of the

_Mr. S(;an],kn said it was not his intention to offer any opposition to the second
reading, but he confessed he was a little surprised that the Hon. Secretary for Native
Affairs had made no reference to a petition which had been laid upon the table a few
days ago, objecting to the annexation ; but probably the honourable member who pre-
sented the petition would make such reference. The petition he spoke of was signed
by tlie four Chiefs between whom Emigrant Tembulancl had been divided. His imme-
diate object was to call the attention of the House to the fact that the provisions of this
Bill were similar to the provisions contained in the Transkei Annexation Act of 1877,
in which the Execiitive legislated by means of regulations ; and he thought the time
had come when that House should take into its own hands the functions of legislating
for all these outside territories. That would be a means of obtaining something like
uniformity in the laws for the government of these people. The regulations in con-
nexion with the annexation of the Transkeian territories were laid upon the table in
September, 1879, and the Attorney- General had then said, in the course of discussion,
that he had enquired into the regulations in force in Basutoland, and in many respects
they were as utterly absurd as it was possible to imagine. Now, he confessed to a feel-
ing of surprise that the Transkeian regulations, which only came into force seven days
after that speech, differed but very slightly from the regulations in force in Basutoland;
and where they did differ, the variance was, in his opinion, in most instances, very
objectionable. He doubted, looldng to these utterances of the Attorney-Greneral,
whether he had seen these regulations, or whether he could possibly have given his
sanction to them. There was one important difference between the Basutoland Annexa-
tion Act and that of the Transkei. In the case of Basutoland, there was a distinct
exclusion of the laws of the Cape Colony ; but in the Transkeian Act of 1877, and the
Bill now before them was according to the Act of that date, the territories to be annexed
became subject to the whole of the laws of the Colony of the Cape of Good Hope,
except in so far as their application might be modified by proclamation. This dif-
ference was a very important one, because, according to the Annexation Act of
1877, we imported into the territory, for instance, the English insolvency
and succession laws, and the laws as to the franchise and trial by jury. Another
important difference was that in Basutoland we distinctly excluded the jurisdiction
of the Supreme Court, except in so far as it might be introduced by means of Govern-
ment Proclamations ; whereas, in the Transkei, we had imported, with the other laws
of the Colony, the Charter of Justice, although that was a matter which seemed to be
left in doubt by the regulations on the table, as certain portioned of the Act 20 of 1856
and Ordinance 1 of 1873 were simply re-enacted there without modification. He would
point out some of the differences, in order to shew that there oiight to be some time for
sufficient consideration of this Bill. Take the crime of murder. They all knew that
in this Colony, as in Great Britain, they required unanimity in the verdict of the
jury in order to procure conviction. The law of Basutoland fully recognised this^prin-
ciple, by reqiiiring unanimity in the opinion of the magistrates trying a prisoner before
he could be convicted; but in the Transkei, all that was required was that a majority
of magistrates should agree on the judgment of the court. There were other variances,
as in the regulations for trading and for the sale of wine and spirits. Here they had on
one side of the Kei one law, and say two miles on the other side of the boundary a dif-
ferent law. These variances would have a disquieting effect upon the minds of the
natives. Such regulations did not tend to give them confidence in our administration
of law. He had recently pointed out how, with regard to the law of succession, we
had one law applicable to the natives wlio had taken out certificates of citizenship, and
another for those who had not. He thought the House would agree with him that the
time had arrived when legislation for these territories should be in the hands of that
House in the regular way, so that these laws could be discussed clause by clause, and
so that they could at any rate secure uniformity in the administration of justice in all
these outside tenitories. He hoped the Government would not have any objection to
say, before this Bill was passed to its second reading, whether they would discharge
from the Bill sucli cla^^ses as enabled the Government to pass regulations for the
government of this territory.

There was a long pavfse in silence, when the Speaker was proceeding to put the
question.

Mr. Solomon intei'posed, to ask whether there was any reply on the part of the
Government to the question which had been asked by the honourable member for
Cradock ?

After another pause of considerable dii ration,

The Colonial Secretary said he did not know that it was necessary to answer

the question. He thought that some other members -would have wished to address the
House upon the general principles of the Bill. The Government was not prepared, at
this period of the session, to proceed in the coiu'se indicated by the honom-able member
for Cradock, as the result would be so to delay the Bill as to prevent its passing this
session. These regulations were laid upon the table, and it was quite competent for any
member to discuss them and to move any amendment upon them that he might think
necessary. The Glovernment was quite willing to discuss these regulations in Committee.
He agreed in the remark made by the honourable member for Cradock as to the de-
sirability of uniformity in the administration of justice, but it was not so easy to carry
out as he seemed to imagine. With reference to the remarks made by the honourable
member for Cradock as to the Attorney-Greneral and the laws for Basutoland, he (the
Colonial Secretary) had had a great deal of discussion with Colonel Griffith upon the
subject of those laws, and with the exception of the amendments which had been made,
and which had been laid upon the table this session. Colonel Griffith did not recommend
any alteration in those laws. He said that they were working very well indeed. Tlie
House must remember that these different tribes were in different stages of civilisation,
and that they could not at once apply the whole law of the Colony to them, for that
reason. Some of the natives understood colonial law very well, and others had never
been subject to it in any way whatever. If honourable members desired to see alter-
ations in the law, as administered to natives, they could bring in a Bill next session for
the purpop'C, and that would be the proper way of proceeding, when the provisions of
such a Bill could be discussed clause by clause. The present Bill would not extend our
responsibility in anyway, as we had already had to provide for the defence of the
country. The Imperial Government was not only willing, but desirous, that the Colony
should take over this territory.

Mr. Mo INTEND said he would prefer that the Bill should stand over for a time, until
they saw what com'se the Government proposed to take in regard to it, on the line sug-
gested by the honourable member for Cradock. It was most important that the whole
question should be dealt with now.

Mr. Solomon said that whether the laws had worked well or not in Basutoland he
was not prepared to say, but there was no doubt that the Attorney-General said they
were " absurd," and that he had virtually reproduced them when legislating for the
Transkei. Now he thought that upon the whole question of annexation they needed
far more information than they had before them. In the first place, if he understood
the Despatch of Sir Michael Hicks Beach of the 24th of March aright, this Bill was to
be sent home, being reserved for the Queen's assent, and those regulations were then to
be considered by the Imperial Government. It was not at all certain that the Imperial
Government would agree to these regidations, especially as one consideration to be
entered upon was the future representation of the natives in the Parliament of this
country. He quite admitted that that was a difficult matter to consider, and he could
understand if the Government was not prepared to say anything about it. Lord
Kimberley, in his Despatches on the subject, had also referred to the conditions upon
which annexation was to be considered. They ought to be very careful what they did
in this Act, as it was clear that the Home Government would give by no means an un-
conditional assent to it. Besides that, he had foimd, on reading copies of the Despatches
from Earl Kimberley which had only come before them in the last Blue Book from
home, that Lord Kimberley lays down another condition, which is, that this Colony is
to pay 260,000/.

The Colonial Secretary : That is all wrong.

Mr. Solomon : It was clearly laid down in the Despatch which was on the table.
Lord Kimberley said : — " On the 7th May I sent a telegram to you ... in which
" I stated that I had understood from Captain Mills that the Cape Government woidd
" undertake to pay whatever sum the Commissioner might determine to be due to the
" Imperial Government on account of the Transkei war ; and I intimated to you that
" upon receiving such an assurance through you. Her Majesty's Government woidd
" complete the Letters Patent without requiring the previous repayment of the sum of
" 260,000/." The reply of Ministers (quoted from the same Despatch) was to the fol-
lowing effect : — Let the delegates from the Treasmy, in conjunction with Captain Mills,
distinguish the Colonial from the Imperial expenditure, and the Colonial Government
will ask Parhament to pay the amount agreed upon by the Imperial and Colonial
Governments. [The Colonial Secretary interposed several times to say that it was only
when the Governments had settled the amount that the proposition would be laid before
Parliament.] The demand had, at any rate, been made.

The Colonial Secretary said, rising to explain, that the honourable member was
only misleading the House. He (the Colonial Secretary) had stated nearly a month
ago the arrangement which had been come to between the Colonial and the Imperial
Government in this matter. He had stated then that the annexation of these territories,

and the question of who was to pay this 260,000/. were two totally distinct questions
having no connection with each other. The home Grovernment had tried to make the
one dependent upon the other, but the Colonial Government had repudiated that view.
They said that if the accounts were finally closed. Captain Mills, and a Commissioner
appointed by the Treasury should meet and endeavour to arrive at an understanding
as to which were Colonial and which Imperial items. The Grovernment would submit
a report upon that to Parliament.

Mr. Solomon said that, at all events, the House would see that the two questions
were mixed up by the Imperial Grovernment. They would not get out of that. With
regard to the petition of the four Chiefs which he had presented to the House, they set
forth that one of the conditions upon which Emigrant Tembuland was to be annexed
to this Colony was that they were to retain their independence ; and there seemed to be
no reason to doubt the truth of their statement, as it was borne out by Mr. Brownlee's
report in 1876, Mr. Brownlee observing that the people were " virtually independent,"
and this possession of independence had been acknowledged by us. There was a certain
despotism in our Government of these territories. Even the magistrates themselves
complained that they had too much power. He hoped that the Colonial Secretary
would give sufficient time before the Bill went into Committee to see what amendments
were desirable in it. He referred particularly to the regulations. He would point
out the regidations as to marriages, which enacted that no marriage shoidd be valid
imless registered vdthin three months of its taking place. The consequence would be
that nearly all the marriages now existing in Tembuland, Bomvanaland, and Galeka-
land would be invalidated, as many of them had, of course, taken place years ago, and
could not possibly be registered within three months. He thought such a regulation
not only absurd, but wicked and cruel. No such law should pass the House, or even
be promulgated by the Government. As regarded the law of inheritance, successors
could now only claim under the law of the Colony, and the consequence would be not
only that the marriages of the people would be invalidated, but that their children
woidcl be disinherited. The Attorney-General had spoken of the absiu-dity of the
Basutoland laws, but if he had given proper attention to the matter, he would have
found that these same laws were not very dissimilar to those existing in Basutoland
formerly. A Committee of that House voted against a law passed when Sir P. Wode-
house was Governor, invalidating every mamage not registered within 20 days, and the
law as now enforced in Basutoland did not touch the validity of marriages. For
practical piu-poses, the law of inheritance in Basutoland was the law of Basutoland
itself, but the law now proposed to be enforced by the Government disinherited every
child in Tembidand, Bomvanaland, and Gaiekaland. No doubt when the Bill went
into Committee they would take care that the law of inheritance in Tembuland would
be applied to the Tembus in the same way as the law of Basutoland was applied to the
Basutos. He thought that the Hotise would say that the time had come when the
House should take the legislation with regard to these territories iato its own hands, so
that they might know what was going to be done and discuss it properly. The present
method of dealing with these people was giving annoyance and vexation. He should
be glad if they could have a little time to look into these regulations.

Mr. M. J. Louw hoped that the Bill would stand over imtil they had a full expla-
nation as to the large amount of money mentioned by the honourable member for Cape
Town. He wotdd like the whole question referred to a Commission of the best men
they cculd select to give the Government their assistance in the matter.

Mr. Or]'en would oppose the Act altogether, and would like to see the annexation
postponed. There was no immediate necessity for dealing with the question now.
They would be taking a leap in the dark if they passed the Act. They should
remember what was stated by the Attorney- General • the other day as to the effect of
passing a Bill like this. It made the whole of the country annexed into Crown lands,
with which the Government could deal as they pleased. He feared that the inhabi-
tants of the country would have a very different opinion indeed about it, and that if
they clearly understood the principle laid down by the Attorney-General they would
make their dissent felt in a very formidable way. It was not well to raise such a ques-
tion at all just now, when the native mind was in a state of great excitement. He was
opposed to this Act because it gave the Government power to proclaim laws without
previously submitting those laws to Parliament. Under this Act the Government
might, if they pleased, proclaim disarmament in Tembuland, whether the people were
in a fit condition for it or not, and Parliament would have no ground of complaint if
the Government did so. He proceeded to enter at great length into the history of the
Tembus and their Chiefs, and of negotiations with the British Government, going back
to 1836. The passing of this Annexation Act would cause a great deal of anxiety
amongst the natives which they should be careful not to raise at a time when they were
excited by the news of anticipated disturbances in Basutoland. The home Government

■was only too ready to hand tliese territories over to the Cofony ; but he thought if the
home Government knew that in this country annexation converted the property of the
natives into Oro^vn lands, the home Government would not be so ready as they were to
sanction the annexation. Their present attitude was rather that of Pontius Pilate,
who washed his hands when a great crime was to be committed. He hoped that the
home Government would never consent to any Bill which conferred the power of per-
sonal legislation upon the Governor of this Colony, advised by whomsoever he might
be, as it took away the power of the Crown to veto legislation. What they wanted
was a quieting proclamation as to the possession of land such as they had once found it
necessary to issue in Griqualand West. He feared that any proclamation under this
Act would be a '"disquieting" proclamation. H3 would like to move that the BiU be
read a second time that day six months, if some honourable member would second such
a motion.

The motion was not seconded.

The Attorney-Generai. said that he had frequently heard the honourable mem-
ber who had just sat down complain that native affairs did not receive their share of at-
tention in that House, and the honom^able member for King William's Town echoed his
complaints. He would like some statistics produced which would show whether, during
this session, now approaching its conclusion, native affairs had not monopolised a great
portion of the time of that House, of which the honom-able member himself had taken
a great deal. He always listened with something approaching to awe when the
honourable member went into the history of these native transactions with which he
was so well acquainted, but he took occasion to question his accuracy on this occasion.
As usual, the jimior member for Cape Town could not content himself without having
a fling at him (the Attorney-General). He did not object to that. The honourable
member had a right to exercise his wicked will upon him, whether he was right or
wrong the House would be in a position to judge. He remembered an argument which
had been xised in the Opposition press day after day. It had been said that the action
of the Government in framing this code of laws for the Transkei had been of the most
arbitrary description. They were going to introduce in those districts a code of laws
which was "Draconian ;" the word was a very good expression. Both the honourable
member for Cape Town and the honourable member for Cradock, in their speeches so
closely followed the words of one of the leading articles in the newspaper referred to,
the " Cape Argus," that it occurred to him that the honoui'able member for Cradock
must have inspired some of those articles, if he did not write them. Would the House
give him its attention for a moment, while he spoke of these laws in Basutoland ? Was
this an absurd definition of stealing — " except by order of a magistrate, and in due
" com"se of law, taking the property of any person against his will fraudulently." If
they took the property fraudulently, and against a man's will, it would be thieving ;
but if they took it by order of a magistrate, and in due course of law, it wduld not.
He asked the Plouse, was that an absurd regulation or was it not ? He would give
another instance. " As often as any coiu-t of resident magistrates shall sentence any
" person, upon conviction, to imprisonment, with or without hard labour, for any period
" not exceeding one month, or to pay a fine not exceeding £5, a minute of the pro-
" ceedings shall be forwarded for revision to the chief magistrate." So that the most
trivial proceedings would be sent for revision, but if they gave a fellow two years and
50 lashes they need not send the case forward. These were the things which made
him say that the regulations were a disgrace to the Government which promulgated
them, and so they remained until the present Government came into office. These in-
stances were only two in number ; but they were quite sufficient to show that he was
justified in using the expression of " absurd." He repeated the argument of' the
Colonial Secretary as to the position of the Colonial Government in respect to the
£2(K),000 of war expenditure, and quoted from Lord Kimberley's Despatch the passage
in which he says (adcbessing the Governor here), " that Her Majesty's Government
" accepted the assurance of your Ministers that they will submit all fair demands to
" the Cape Parliament after agreement with the Imperial Government." The case was
stated as favourably for the Colony as they could have expected it to be. The honour-
able member for the Cape Division with his parsimonious ideas, was struck with this
monetary argument of the member for Cape Town ; but he trusted that he would see
now that there was no connection between this question of the money and that of
annexation. He did not know under what tcniu'e the honom'able member for Aliwal
North (Mr. Orpen) proposed that the people of the annexed territory should hold their
land. He seemed to be greatly possessed v.ith the idea of " commonage ;" thinking
that, no doubt, a splendid expression, but he did not know how that idea could be carried
out. The honom-able member for Cape Town had asked for a long day in which to
consider amendments, but this matter had been for long enough before the Colony, and
it was rather late now to ask for it to be postponed until the members of the Opposition

[G. 59.— '84.] D

tad made up their minds as to what clianges they -would propose. What was the
character of these ''Draconian " laws ? Would honourable members be astonished to
hear that they were milder than those under which we ourselves lived in this Colony ?
Every serious case was remitted to him for review. Did the honourable member for
Cape Town know that a majority of the Judges of the Supreme Court could convict a
man of the capital offence ? [A honourable member : Yes, when he has been already
tried by jury.] The honourable member spoke of a jury. Was he prepared to say
that there should be a trial by jury in these annexed territories ? [Mr. Merrinian :
Why not ? Mr. Scanlen : I won't say that.] Here was a split in the camp. Who
was to decide when doctors differed ? (laughter) . And Avith regard to marriages, the
effect of the regulations would be that if a man had 10 wives this Government saying
that it was against the policy of the law that a man should have 10 vdves would only
register one.

Mr. Solomon : It says within " three months."

The Attorxey-Gtexeral : Surely the man would not be so much occupied for the
three months as not to be able to register his marriage (loud laughter) .

Mr. SoLOMOx : It says three months after marriage, not three months after annex-
ation.

The Attorney-Gexeral said no one could be so very ignorant of the very ele-
ments of law as not to know that when we took over a territory we took over the state
of the law as existing at the time of the annexation, until fresh laws were made.
When the British took possession of Cape Colony they did not invalidate all the Dutch
marriages which had previously taken place.

Mr. Mekriman thought it an unfortunate thing that that very important Bill was
sandwiched in between railway proposals. For himself, he coidd not go so far as the
honourable member for Aliwal North in his amendment that tlie Bill should be read a
second time that day six months. He (Mr. Merriman) was in favour of the proposed
annexation, and if the House did not agree on that step, it would be tantamount to a
declaration favouring the government of the Transkei by the Imperial authorities.
With reference to that matter of Imperial control in the Transkei, he had noticed that
he had been reported, in a recent debate, as favourable to the idea, whereas the very
reverse was the case. He sincerely regretted the manner in which this question had
been introduced by the Secretary for Native Affairs. It might really have been an
affair of a bridge over a little spruit. Seeing the mess we had got into in Basutolaud,
and, in fact, all over the comitry, he thought the dignity of the Colony demanded that
the whole subject should have been treated more seriously than it was (hear, hear).
Tlie Attorney-General's speech certainly did not enKghten the House to any great
extent. He (Mr. M.erriman) could wish the Attorney-General would come directly to
the point in his speeches, instead of being discursive and sarcastic. The House had
suffered quite enough when the honourable the Attorney- General spoke for over an hour
in support of a vote of confidence in himself (hear, hear, and laughter) . It was well
knov/n to the House that the Attorney-General had great confidence in himself, and,
possibly having that confidence he might be excused for endeavouring to impress the
country with it (oh ! oh ! and ironical cheers) . He (Mr. Merriman) coidd assure the
Attorne3''-General that it would be far more in consonance with his position if he would
refrain from petty personal attacks, and telling the " member for King William's
Town " exactly what he (the Attorney-General) supposed that honom^able member to
think. The Attorney-General was very humorous, but it would really assist the
business of the country greatly if he would abstain from petty personal jokes, and still
more i)etty quibbles (hear, oh ! and laughter) . Coming more immediately to the ques-
tion before the House he challenged Government to show that it had not been piit before
those /r embus that if tli oy remained in the Colony proper they would have no Chiefs
over them, whereas, if they ■n-ent beyond the Colonial border, there was the legitimate
inference, if not the absolutely expressed condition, tliat they could virtually do as they
liked. At any rate, the newspaper report of which the Attorney-General had got hold
was in reality totally opposed to the views that honourable gentleman had enunciated.
He (Mr. Merrinian) sincerely trusted that before the Bill left the House there would be
some clear understanding as to the policy the Colony should pm-sue towards natives
subject yet not subject (hear, hear). He maintained that the tract of country it was
proposed to annex sliould be governed for the natives. But it seemed that the Govern-
ment were going to make it a sort of bastard land, and allow a few unscrupulous
Europeans to involve the Colony in wars that woiild cost millions of money. Our policy
ought to be to govern the coimtry it was proposed to annex as a black man's country,
and it ought to be steadily borne in mind that this Colony proper should be made as
much a white man's land as possible. Turning to recent war expenditure, he had never
been able to divest his mind of the fact that the Home Government appeared to consider
that, whatever Captain Mills agreed to, the Colony would cheerfully endorse. Of

co\irse, on this matter, tlie Attorney-Greneral treated the House to one of Ids dramatic
exhibitions, and the House, equally as a matter of course, laughed, as it always did
when the honourable gentleman put himself in a fine frenzy (hear and laughter). But
that was not the spirit in which these important questions should be treated (hear, hear).
The Attorney-Greneral had ridiculed many of the regulations for Basutoland. That was
well enough, but the pi'esent Grovernment had revised those regulations, and still the
anomalies pointed out by the Attorney-Greneral existed. In May last, when the amended
regulations were issued, the Attorney-Greneral should have put an end to the absurdities
he now dwelt so eloquently upon, but he did not (hear). When he I'Mr. Merriman)
heard that the Attorney-General was to promulgate the Transkeian regulations, he
thought that, at last, there would be something like a really good code of native laws.
But, instead of that, he found that nothing more disgraceful had ever been brought
forward by a Grovernment. in its relations with a subject people. The criminal code to
govern half a million of people was contained in nine brief regulations, and a stipula-
tion that in all other respects the laws of the Colony should apply to these extra-
colonial territories ! How did those people know the Colonial laws ? Those nine
regulations were a miracle of compression, and, he felt bound to add, as absm^d a thing
as ever he had seen (hear, hear, and oh !). Moreover, he thought the House would
pause before it entrusted the administration of native law — and that was another thing
that should be carefully watched — into the hands of magistrates taken at random from
the anny, from a farm, or from a shop (hear, hear). He was in favoiir of the second
reading of the Bill, but it would have to be very mucli amended in Committee.

Mr. Sauek, had been very much amused at the attack made by the Attorney-
General on the member for King William's Town. He could quite understand that
the Government did not wish native affairs to receive much attention, because the more
these affairs were examined, the more they brought into disrepute the trumpeted
sagacity and statesmanship of the Ministry (cheers and counter cheers) . The Attorney-
General ridiculed the idea of anything like the institution of a jury among natives,
whereas if he (the Attorney-General) had known anything whatever of native character,
he would be aware ^'hat they were always deeply interested in lawsuits and proved most
excellent judges of fact (hear). He (Mr. Saner) would be prepared to vote for the
second reading of the Bill, but would desire to modify it in Committee.

Mr. Irvixe thought that was the third time, within a very brief space of time,
that the Attorney-General in rising to address the House had made especial reference
to "the honoui-able member for King William's Town." It was no doubt very
flattering to the member for King William's Town that he should occupy so much of
the Attorney-General's thoughts, but the House was really becoming wearied of the
monotony. When the Attorney-General spoke on native affairs he invariably exposed
his ignorance of them (hear, hear, and oh ! oh!). It would be very easy to entertain
the House if honourable members were as little tied down to facts as the Attorney-
General, but very few honourable members fortunately felt themselves in the position of
special pleaders or counsel retained for the Government (laughter) .

The Commissioner of Crown Lands did not know whether the Attorney-
General liked the member for King AVilliam's Town to speak or not, but he (the
Commissioner) did, because the honourable member, as a rule, materially assisted the
Government.

Mr. Fuller did not rise to prolong the discussion upon any of the details connected
with the carrying out of the Bill then before the House. He desired merely to draw
attention to the second section, which provided that the Government should have the
power of proclaiming any Act of the Colonial Legislatm-e in force in the annexed
territory without in any way consulting the House or the country. That, he took it,
was a power that should not be liglitly entrusted to any body of gentlemen (hear, hear) .
He did not wish to criticise the Bill in any hostile spirit, for he did not object to its
main features, but in Committee there were many details that would have to be care-
fully looked into.

The Colonial Secretary, speaking on the subject of the recent war expenditure,
drew attention to the fact that the Imperial Government had reduced the demand on
the Colony from more than three-quarters of a million to £260,000, and had foregone a
claim of £220,000 against the Government of Griqualand West, which this Colony
would have had to bear in the event of earlier annexation. With reference to the
proposed absorption of Teuibuland, he noticed that a fear had been expressed that the
country would be declared waste Crown lands, and would be peopled by Europeans.
In answer he might say that so long as the natives behaved themselves and rendered
due obedience to the Government, they would not be deprived of the land.

The Bill was then read a second time.

D 2

No. 16.

Sir B. Frere to the Earl of Kimberley.

Grovernment House, Cape Town,
My Lord, July 20, 1880.

In continuation of my Despatcli of tlie 13tli instant, relative to the Transkei
Annexation Bill, I have the honour to forward, for your information, reports of further
proceedings on that subject in the House of Assembly on the 16th and 19th instant.

I have, &c.,
(Signed) H. B. E. FEERE, Governor.

P.S. — The subjects being closely connected, I have also enclosed for your Lord-
ship's information the report of the proceedings in the House of Assembly on the 16th
instant, on the subject of native titles to land.

Enclosure 1 in No. 16. Proceedings in the House or Assembly, Cape Town, July
16, 1880. Taken from the " Cape Argus " July 17, 1880.

Transkeian Territories.

Mr. Solomon moved that the regulations for the administration of law in Graleka-
land and Tembuland should be laid before the Committee on the Annexation Bill.
Agreed to.

The House then went into Committee on the Bill, Mr. Stigant taking the chair.

Mr. Scanlen, repeating the observations made in the House, thought the time had
arrived when the House should take the legislation for these outlying territories into its
own hands, and he had accordingly prepared amendments which woidd have the effect
of making the measure simply an Annexation Act. He proposed that the powers of
legislation which the Bill would confer upon the Q-overnment should be omitted, that
the Native Successions Act be applied to these i.erritories, and that no Act of the
Colonial Parliament, to be passed hereafter, should have force within the territories in
question unless words to that effect were specially set forth.

The Colonial Secretary agreed with the principle of the amendment, but he
thought for uniformity's sake the measure should be allowed to go through with a view
to special legislation on the whole matter at some future time. He might state that the
Secretary of State entirely approved of the course wliich it was proposed to pursue, and
a telegram had been received stating that Her Majesty's Government would not insist
upon the embodiment of a code of laws in the measure.

Mr. Scanlen said there was no doubt precedent for the course now proposed, in
regard both to Basutoland, Griqualand East, and the Transkei ; but he ventured to
observe that these precedents were founded upon error. It was said the territories must
have law, but he noticed that all the proposed regulations were almost identical with the
laws of the Colony.

Mr. Solomon observed that the Basutoland Annexation Act, which had been taken
as a precedent for subsequent legislation of .this sort, was passed in a hurry, having
been before the House only three days. He was convinced that if all the bearings of
that Act had been seen, the measure would never have become law. He was of the
same opinion in regard to the regulations since promulgated for the Transkei. It
migbt be said that the House took even less interest in the matter than the Govern-
ment ; but there were always twenty or thirty members — those who took a particular
interest in native affairs — who stayed for discussions of this sort. He cordially sup-
ported the motion of the honourable member for Cradock.

Mr. Merriman would like to be informed whether it was intended that the land
laws of the Colony should apply to the territories to be annexed. He thought the
regulations proposed were objectionable, the rather for what they did not contain than
for what they did. No regulations would be satisfactory which did not provide for
some sort of self-government by the natives. He would like to see a Commission ap-
pointed to investigate the whole question of a code of laws suitable for these territories.
He thought it the bounden duty of the Government to appoint such a Commission,
wliich should have general powers of inquiry, in regard both to laws, lands, and
finances. Such Commissions had been frequently appointed and found to be of
invaluable service in India. He would especially instance the case of the Punjaub
Commission.

The Secretary for NATl^•E Affairs could not contemplate with equanimity the
proposal to apply colonial law to the outlying territories. The legislation of the
dependencies was really in the hands of the chief magistrates of the several districts

The Government never assumed tlie initiative. In this matter progress must be
gradual. At present more harm than good was likely to ensue from the step
projiosed.

Mr. ScANLEN pointed out that the Bill proposed to do just what the Secretary for
Native Affairs said it was inexpedient and dangerous to do. It imported the main
body of the colonial laAV. His proposal did not extend to any dangerous disturbance
of native customs and modes of life. As regards inheritance, the law of the Colony was
introduced in exact terms.

Mr. Solomon supported the suggestion of a Commission, and pointed out that its
inquiries might be combined with those of the Commission which it was proposed to
appoint for the pm-pose of inquiring into the native law of succession.

Mr. J. Ayuff thought the honourable member for Cradock, to be logical, should
also hold that the judges ought to go on circuit in those dependencies (hear, hear).
Was the honom^able member prepared to propose that the decision of the territorial
magistrates should be reviewed by the superior com-ts of the Colony (hear, hear) ?
Were they prepared to give these territories representation (No) ? He thought it
dangerous to thwart the Government in this matter at the present stage of the session.
The Colonial Secretary pointed out the anomaly of refusing representation
while claiming poAvers of legislation. He thought the matter would be best left in the
hands of the Government, especially as they did nothing save at the instance of the
chief magistrates. He approved of the suggestion that the whole question should be
referred to the Commission which it had been determined to appoint, and, pending the
action which would ensue, he thought no great harm would be suffered, even though
some of the proposed laws were objectionable in themselves. They would have but
temporary operation.

Mr. Soi,oMON thought the value of these discussions had been illustrated by the
discovery of the Secretary for Native Affairs as to the effect of the laws which it
was proposed to promulgate. The House had become alarmed in consequence of the
large powers claimed by the Government under the Basutoland Act. He thought the
despotism of the House was more to be preferred than the despotism of the Govern-
ment.

Mr. S. C. WuiGHT quite approved of the House legislating for these territories.
He did not at all approve of the pi-esent system of doing things by way of regulation.
He would heartily support the proposal of the honom-able member for Cradock.

The Secretary for Natiae Affairs said it should be remembered that the Chiefs
had, at present, powers equal with those of the Magistrate.

Mr. Merriman pointed out that this was the power which it was proposed to
sweep a^'ay by this Bill.

Mr. Solomon said he had observed that wherever the word chief appeared in the
Basutoland regidations it had been struck out in the regulations for the Transkeiau
territories, as though " Chief " was a word forbidden to Ministerial lips.

The Colonial Secretary said that the Government was meeting the wishes of the
House in laying before it the code of laAvs prior to their promulgation. He thought
the Government was not being fairly treated. He would not, however, object to the
insertion of a clause to the effect that there should be no regulations proclaimed until
they had been submitted to the House.

Mr. ScANLEN said it appeared that the Secretary for Native Affairs had got into a
tremendous fog in regard to the whole matter, totally misconceiving what would be the
effect of this Act (hear, hear).

Mr. Solomon pointed out that the Basutoland regulations were not perfected until
the House, prompted by the missionaries and others, had bored and bothered the
Government for several years. It was the same with all Governments. They would
not move until they were ^forced to it, and they were immensely pleased when the day
of prorogation arrived.

Mr. Irvine was anxious to learn whether it was proposed to abolish the rights
and powers of Chiefs and headmen utterly. Would they lose the smais of money they
had been deriving from the administration of justice under the former regime ? There
formerly obtained in the Transkei a system by which minor cases did not come before
the magistrates. The first act of the present Governjnent was to do away with this
state of things, which action had resulted in no good, but had caused an immense
amount of irritation. According to his experience, the magistrates Avere for the most
part a laAv unto themselves : and he thought nothing Avould give greater satisfaction to
native litigants bejond the Kei than the knoAvledge that they had a right of appeal to
the superior courts of this Colony (hear, hear).

Dr. Eaeritt said he had just received a letter from a gentleman who probably
knew more about Tembuland than any man living. He thought it his duty to lay
before the Committee certain portions of that letter, which had induced him to support

the proposition of the honourable member for Cradock. " I notice," said the writer,
" that Mr. Solomon has placed on the table of the House a petition from several of the
*' Tembu Chiefs against the annexation. The whole of it is true. I can vouch for the
*' statements made ; but notwithstanding that, I told them that it would be very bad
" policy now if that country — in fact all between this and Natal — were not annexed.
*' I do not think the natives would object to the country being annexed, provided a

" better system of administration of justice was given I do not think that

" any annexation should be carried out without the Chiefs being taken into eonsidera-
" tion, and compensation made to them for their loss of power and authority, by grants
" of land or otherwise. In fact, to carry out annexation successfully it must not be
" done in a hurry, and a commission ought to be appointed to lay down a definite
" scheme, and this would be a proper time for settling what the marriage and inherit-

" ance laws should be I sincerely trust that all courts and judicial officials

" in any country that may be annexed will be made subordinate to, and placed under
" the jurisdiction of the Eastern Districts Court and Supreme Coiu't of the Colony, in
" order that all decisions may come under review before the judges, in the same manner
" as those of the magistrates in the Colony, and that circuit courcs ought to be extended
" to any such country." He thoroughly agreed with the amendment of the honour-
able member for Cradock, and the suggestion of the honourable member for Namaqua-
land.

The Colonial Secretary questioned whether this opinion, which had a legal look,
was entirely disinterested.

Dr. EvERiTT said it was entirely disinterested.

Mr. Orpen thought the fact that the Supreme Court claimed jurisdiction over
these territories was a good reason why the channels of approach should be opened
out.

Mr. Leonard moved, in consequence of the matter having taken a new and im-
portant phase, that progress should be reported.

Mr. J. Ayliff did not wish to be misunderstood. He was strongly in favour of
the superior comis of the Colony having powers of review over the extra-colonial
territories.

Mr. Scanlen said the honourable member for Graham's Town had confessed that
he had not read the regulations proposed ; but he thought he had not read a good deal
more relating to this question (laughter). The whole body of the Colonial law would
be introduced into these territories, but no provision had been made for the exercise of
such rights as the franchise and trial by jury.

The Colonial Secretary challenged the remark that the franchise would be intro-
duced into the annexed districts.

The Attorney-General said the Bill was based on the Fingoland Annexation
Act of 1877, under which the right to the franchise had not been claimed. The pre-
amble showed that it was never intended to confer rigbts of citizenship,

Mr. Scanlen said he found some difficulty in coinciding with the dictum of the
Attorney-General. The fii'st section of the Bill ordained that the annexed territories
shoHld be part of this Colony and subject to its laws, except in so far as they might be
modified by proclamation. It would be observed that the terms of the Act of 1877 did
not coincide in this respect with the Basutoland Act.

Progress was then reported, and leave asked to sit again on Monday.

Enclosure 2 in No. 16.

rROCEKDiNGS in the House of Assemwa", Cape Town, July 19, 1880. '• Cape Argus,"

July 20, 1880.

The Transkeian Territories.

The House resumed in Committee on the Galekaland and Tembi^laud Annexation
Bill.

The Attorney-General moved a series of amendments in the first clause, the effect
of which will be gathered from his observations. He said that he was quite agreed with
the honourable member for Cradock that it would be necessary next session to have
legislation with regard to these territories generally. For the present, they thought it
desirable that law should be administered in these territories on parallel lines to those of
the Transkei Annexation Act. The first clause, as he now proposed it should read,
provided that no repeal, addition to, or modification of the regulations proposed to be
laid down should be put in force imtil laid before both Houses of Parliament. The
effect would be that the whole body of the Colonial law would be imported into these
territories, subject to such modification as was required by proclamation, and to the

limitation tliat no Act should have effect in these territories unless it should be specially
by an Act or by some proclamation having reference to it. The only limitation as to
which there could be any difficulty was the limitation providing for the modification,
amendment, or the making of new laws by means of proclamation. But the proviso as
he had framed it would guard against any difficulty on that point, because it was
provided that no such proclamation would have any force until it was laid before
Parliament. There was provided by the Bill the safeguard tliat the special regulations
had to be laid before Parliament before they could be of any force, whereas by the
proposal of the honoiu-able member for Cradock the special regulations might come in
force at any time. It was asked why the Transkeian Act was not to be amended in
the same way ? The answer he gave to that was that at this late period of the session
he had little hope of introducing a suitable measure. The honourable member for
Cradock would adm;t that they must allow the Transkeian regulations to stand over
this session. He said that his proposal would carry out everything that the honourable
member required. The only power which would be given to the (jovernment would be
by means of the regulations, which the House woidd be able to give its opinion upon.

Mr. ScANi.EN said it seemed to him that the proposal he wished to introduce to the
notice of the House would have a better effect than that of the Attorney-G-eneral. He
desired to place the natives in the Transkeian territories in a better position. He
proposed that no futm-e proclamation by the Grovernment of this Colony should have
effect imless it was distinctly stated in the Act or proclamation that it extended to these
territories. He thought it was exceedingly wrong that such large powers should be
entrusted to the magistrates in civil cases. In his opinion the Government should make
regulations for purely administrative purposes, and beyond that he did not feel inclined
to go. He hoped the Avrong which was done in a former case woiJd not be repeated.

The AnoRXEY-GrENERAL took it that the only differences between himself and the
member for Cradock (Mr. Scanlen) were contained in the four clauses of the amend-
ment he had read. First of all was the question whether the native succession law of
IHG-l should be applied to these outlying territories, instead of the law of succession of
this Colony. He (the Attorney-General) confessed he did not like an extension of the
law of native succession, when he was aware that it was the endeavour of the country
gradually to root out those laws. The second point of difference was really none at all
(laughter). The third was that magistrates should not have the power of capital
punishment. Well, it was a question for discussion whether jurisdiction in cases of
serious infractions of the criminal code, and in civil cases where the amount was large,
should not be given to the circuit courts. There was a good deal to be said on both
sides under present circumstances, although he quite agreed that the time was near at
hand when all the more serious criminal cases must come before a jury. Then the
honom-able member for Cradock objected that the magisterial jurisdiction was too wide.
Well, it might seem so ; but the only alternative was to give circuit courts jurisdiction
over those outlying territories.

Mr. ScANEEx said the Attorney-General was no doubt aware that he could file a
Bill in the Supreme Court to remove a case to any circuit court he pleased without
giving the circuit court general jurisdiction over any certain territory.

Mr. Soi.OMox contended that any alteration or repeal of native regulations should
be passed by the House in exactly the same manner as laws affecting the Colony. He
Avas surprised to hear the Attorney-General almost in one breath object to the extension
of Colonial laws to these natives and yet propose to extend to them the Colonial law of
iulipritance. He (Mr. Solomon) had read the native law of inheritance in the House
the other day, and every authority had asserted that law to be exactly suited to the
wants and requirements of the people to whom it applied. Of course they ought to
supersede native laws wherever they were found to be contrary to the principles of
justice or h\mianity ; but it was not politic otherwise to enforce upon natives, in their
present state, the laws of highly civilised communities (hear, hear). That was the
manner in which he would be prepared to proceed. The Attorney-General, it seemed,
was quite willing to deprive the native inh;dntants of outlying territories of the j. -otec-
tion of the superior courts of this Colony. Well, he (Mr. Solomon) thought they sLould
not, and, moreover, he considered that the superior courts of the Colony should have the
poAver to review the magisterial decisions in the territories he had referred to just as
much as in the Colony.

The Colonial Secretary admitted that the whole matter required very careful
consideration. It was now very fully before the House, and the House would have to
say hoAv it should be decided.

Mr. Merriman said that although he felt it difficult to follow the legal differences
between the Attorney-General and the member for Cradock, he thought he knew the
meaning of the honourable member last named. They wanted to annex the territory,
but were disatistied with the regulations under which the natives were governed, and

did not agree witli tlie regulations it was now proposed to apply. If it were possible to
annex that country, and allow matters to remain pretty much in their present condition
until the conclusions of the proposed Commission were arrived at and laid before the
House, it would be better. Then next session they could go into the whole question
thorougldy, with a determination to adopt some measure worthy of the Colony.

The Attorxey-Gexeual intimated that perhaps it would be advisable that the
whole question shoidd be considered at greater length than it might be possible to do
this session.

Mr. ScANLEN said that perhaps the Commission appointed a few days ago on the
Native Law and the Law of Inheritance might be charged Avith the duty of inquiring
into native laws generally, and suggesting some sort of a criminal code most suited to
the condition of the natives. The same Commission might also be empowered to
inquire into the advisability of establishing some system of local government amongst
them. Or, on the other hand, a new Commission might be appointed.

At one minute to 6 o'clock Mr. Orpen rose, and after uttering a few words,

The House adjourned.

EVEXING SlTTIXG.

The Committee resumed on the Galekaland and Tembuland Annexation Bill.

Mr. OiiPEX said he was alarmed at the policy of the Grovernment as to the land of
the natives in these annexed territories. The Colonial Secretary had talked of
" segregating " the tribes, but that only meant robbing them of some of their land. If
a Kafir came and " segregated " the Premier's cattle, he would call it robbery. They
should remember that the origin of individual tenure was always robbery of common
rights. The Secretary for Native Affairs had the mistaken idea that all native property
belonged to the Chiefs, who could hand it all over to the Grovernment. He looked on
sucli doctrines as that, and the Attorney-General's (that all the native territory is Crown
land) with something like terror. He quoted from several authorities in support of his
views. Kafirs were most tenacious as to their riglits to lands. He hoped the Govern-
ment would withdraw the 13ill until next session, and let a Commission report on the
regulations necessary for the just government of the countiy.

Mr. Irvine asked if the laws would be gone through seriatim.

The CoLoxiAL Secretary said they were before the Committee to be dealt with.

Mr. Irvine thought the matter might be allowed to si and over until the Com-
mission had made its inquiries. No difficulty could arise if they continued to administer
the law as it had done for some time past.

Mr. DE Wet thought there was an attempt on the part of the Opposition to prevent
the Government from passing a wholesome measure for the benefit of the natives. They
used to cry out for the " blessings of English rule ;" now they were all for Kafir law.
His honourable fiiend (Mr. Orpen) had studied tribal tenure and the rest of it until lie
Avas afraid he Avould "go wrong" (laughter). The Opposition was not prepared with
any substitute for these laws.

Mr. Ira'ine said the Government themselves had (in clause 23) undertaken to
administer Kafir law (laughter).

Mr. Orpen said what he wished to prevent was the natives being brought under
the curses and not the " blessings " of English law.

The CiiAiR:\iAXT put Mr. Scanlen's amendment (moved at the last sitting of the
Committee), and it being carried the Colonial Secretary called for a division, ihQ result
of which Avas — Aye^, 22 ; Noes, 19.

Ayes, 22. — Messrs. Bergh, He Sniidt, Everitt, Frost, Human, Irvine, Joubert,
Lewis, M. J. Louw, T. Louw, Mackay, Merrimaa>, Orpeii, Powell, Proctor, Saner,
Scanlen, Siehel, Solomon, E. C. Wright ; Vintcent and S. C. Wright tellers.

Noes, 19.— Messrs. Am-et, W. Ayliff, T.'D. Barry, Bradfield, He Wet, Goold,
Hockley, Kirkwood, Laing, Pearson, Peid. Sprigg, Te AVater, Tiram, Upingtou,
Walker, Wood ; J. Ayliff and T. Moodie tellers.

The clause as thus amended was agreed to. The amendments proposed by the
Attorn ej -General were not put.

Upon the second clause,

Mr. Scanlen moved a new clause to the effect that no Act of the Legislature or
proclamation of the Government shall take effect in the annexed teiiitory unless special
words eonta,ined therein so ajiply to such Acts or proclamation.

The Attorney-Gen /,RAL said the elfect of the honourable member's amendments
would be to throw all decisions in the hands of the judges and land the Colony in
great difficulties. If the Committee were of o]:)inion that the whole body of Colonial
law shoidd apply to these countries, it was not for him to object, but he said the Com-

mittee was going a great deal too fast. The country was not even so ripe for Colonial
law as Griqualand East.

Mr. Okpen said tlie latter statement only showed bow utterly unacquainted the
Attorney-General was with both countries.

Mr. Pearson said the vote just given was an utter subversion of the native policy
of the country (hear, hear, and no). He believed, however, in every territory being
under the authority of Parliament ; but as they had hitherto governed by regulations,
thoy ought not suddenly to change their system, as they had done that evening. If
anyone told him that it was a calamity for any people to come under the Supreme
Com-I , he asked what was the good of their laws at all ? The Supreme Court was
above Parliament here in matters of law, the position of the judges being specially
reserved. The poorest Kafir was entitled to the protection of the highest coiu't in the
empire (hear, hear). They ought to frame some general law for all their native de-
pendencies. They could not suddenly give the natives all the political rights that we
had won by long generations of political struggle.

The Attokney-Genekal saw no necessity for allowing the matter to stand over.
The question was whether the territories were to be governed by the regulations framed,
or was the whole body of colonial law to be imported there at once ? The law of the
fi-anchise might at once be imported. Were they prepared for that ? This was only
the first step in that direction (No) . For his own part he would like all these peo^jle to
be forced to obey colonial law. Woidd they impose the marriage law on them ? [Mr.
Solomon : — How is it in the Colony ?J The honourable member would only allow a
white man one wife but woidd let a Kafir have the advantage of 10 (laughter). They
would have much greater trouble over imposing Colonial laAV than over disarmament or
anything else.

Mr. ScANLEN said that the principle on which tliey hnd divided was whether the
Government alone or Government and Pai'liament should legislate for these territories.
All that the Attorney-General was frightened at Avas proposed by the Government
themselves in the very words of the Bill. As he had previously remarked, they did
not furnish any means by which the franchise or trial by jury could be put in force, so
they need not fear anything on that point. And as to the marriage laws — were they
enforced even in Cape Toavu ? The Attorney-General himselt, if he cliose to act
Kafir fashion, could have as many wives as he liked. [The Attorney-General : — No, I
cannot]. The honourable J'vttorney-General said he could not, but he must be thinking
of some old Dutch laws which he need not pai'ticularise.

Mr. KiRKWooD said they ought not to apply civilised laws to a barbarous people
all at once. If they did not pass this Act of Annexation Government would be
powerless to maintain order in the territories. They could not make a black man white
in a day (great laughter). They would have to enlarge the Kafirs' skulls before they
could understand our laws.

Mr. Merriman asked if Colonial law was not to be applied to the territories by
proclamation only ? If so it was a bogey with which the Attorney-General had
frightened them. It was not likely that the Government would proclaim electoral
divisions in Tembuland.

The Attorney-Generat. said the neces!?ary consequence of the amendment was
the establishment of circuit courts in the territory, or the continual sending of cases to
some of the circuit courts in the Colony. Tlie fact wiis, the amendment was the thin
end of the wedge for the introduction of the franchise.

Mr. Solomon said the Attorney-General was raising false issues. The very things
he condemned were in the Government Bill. T!ie honourable gentlemaii Jiimself had
said they ought to have the colonial law of inlieritanco introduced into that territory.
They had always looked to the Attorney-General to guide them in tliese matters, but
the Attorney-General had been misleading the Ilcjuse. The Attorney-General said, if
they did not pass the Act, Government woiild be powerless, but they had gone on for
eight or nine years with magistrates in the country, and could go another year. The
honoiu'able member for Cradock was ready to make what alterations were necessary in
Colonial law to make it applicable to the territories. The Attorney-General had
frightened them with the prospect of the judges administering the law. Did they con-
sider that a calamity witliin the Colony ? The only principle he cared for was to make
Parliament legislate for these territories (cheers). He charged the Government with
indifference as to laws and regulations affecting perhaps more than half a million of
people. The Secretary for Native Affairs admitted the other day that he had actually
not read the regulations, and the member for Graham's Tovsti had not read them.

Mr. J. Ayliff defended his conduct in the latter respect, as the rules were not
under discussion at the time.

Mr. Fleming said they were all agreed as to the desirability of appointing a Com-
mission, and the Government should let them know who the members were to be. They

[G. 59.— '84.] E

miglat let tlie Grovernraent go on as they had heen going on for years without introducing
any new laws. He believed that every native should have an appeal to the Supreme
Com-t (hear, hear), and tliat native law should be uniform throughout all territories.
He thought the Glovernment might take the Bill as it was and waive their objections.

Mr. Ira'ine said that if the Grovernment could alter these regulations, where was
the uniformity insisted on ? They had already sanctioned two kinds of law by the
regulations.

Mr. Sauer pointed out that many of the objections raised against Mr. Scanlen's
amendment applied eqixally to the Government Bill. Practically as much Colonial law
would have been introduced by Government. The principle for which he and his
friends were contending was that all laws affecting these people should pass through
that House ; and if that had been done before, he believed it might have saved them
some very serious troubles.

The Attorney-General continued the discussion, criticising the Basutoland regu-
lations to which reference had been made.

Mr. Brown supported the honourable member for Cradoek, objecting to the power
given to the Government to exercise a law for, perhaps, six or nine months before it
could be submitted to Parliament, when, perhaps, it might be modified — a course which
would unsettle the natives. The matter had not been properly put before them. The
qiiestion was whether the approval of Parliament should precede or follow the procla-
mation of laws.

The Colonial Secretary said Government did no^; object to the proclamations
being submitted to Parliament first, and the amendment which had been drawn by
Government was to that efPeet. The question was whether the Committee would
sanction these regulations until a Commission had time to report on the whole subject.
It would be far better to pass the Bill and then discuss the regulations, which the
Government was quite willing to do.

The Chairman read the second clause as printed, and the new clause as proposed by
Mr. Scanlen ; and putting the new clause, declared the noes had it. Mr. Scanlen called
for a division, the result of which was ayes 1 6, noes 22. The new clause was therefore
negatived.

Ayes, 16. — Messrs. Bergh, Brown, Everitt, Frost, Hofmeyr, Irvine, Lewis, M. J.
Louw, Maekay, Merriman, Orpen, Scanlen, Solomon, S. C. Wright ; Sauer and Vintcent

Noes, 22.— Messrs. Auret, W. Ayliff, T. D. Barry, Bradfield, De Smith, De Wet,
Fleming, Goold, Hockley, Kirkwood, Laing, Myburgh, Pearson, Sprigg, Tennant,
Timm, Upington, Walker, Wood, E. C. Wright ; J. Ayliff and Moodie tellers.

The Attorney-General then moved some miner amendments, which were agreed
to, and the amendment to which he spoke at the afternoon sitting, which was agreed to,
as were subsequent amendments to the same effect.

Mr. Scanlen asked how the approval of Parliament was to be signified to the
proclamations laid on the table.

The Attorney-General had no objection to inserting that the approval should be
expressed by resolution. He would be obliged to move in the House that certain words
struck out by the Committee should be reinserted in order to make the Act work.

Mr. Orpen would prefer that alterations in the regulations were dealt with by a
Bill, a view in which he was supported by Mr. Solomon, who said that the only object
of not proceeding by a Bill was to avoid sending the Act home for the (iueen's assent.

The CoLONLVL Secretary denied that this was so. These Acts would not be
reserved ; it was only the Annexation Act which would go home for the Queen's assent.
It was merely that a proclamation was the easier form, and the honourable member
could not object to it as it would come before the House.

The Chairman reported progress and asked leave to sit again, and the House
adjourned at 11 p.m.

No. 17.

Sir B. FREEE to the EARL OF KIMBERLEY.

Government House, Cape Town,
My Lord, August 16, 1880.

I HAVE the honour to f onward copy of the minute I have received from my
Ministers covering the Bill providing for the annexation to this Colony of the Trans-
keian territories, which I have reserved for the signification of Her Majesty's assent.

2. The Bill as originally framed was intended to meet, as far as possible, the
views of Her Majesty's Government, as expressed in the various despatches I have
received from your Lordship and your predecessors on the subject of providing a code
of native laws for the territories annexed, to form part of the act of annexation.

3. But in the course of long debates on the Bill, in the Legislative Assembly, it
became appa'-ent that there was a great diversity of opinion on both sides of the House,
not only as to the details of the proposed code, but as to the necessity of any code at all
exclusively apphcable to natives.

4. Whilst this discussion was in progress, an address to the Governor was moved
by Mr. Merriman, and assented to by the Ministry, and carried nem. con., asking the
GoveiTunent to appoint a commission to inquire into the necessity for a special code for
natives, into native land tenures and the means of improving them, and into the best
mode of providing some system of representation for native popiilations.

5. A brief report of the proceedings of the Legislative Assembly on the 22nd
July, and in the Legislative Council on the 26th, is enclosed.

6. It was ajiparent in the debate on the Annexation Bill, that without such
inquiry as the Commission would be charged to make, sound legislation on the
important subjects I have specified would be impossible.

7. Ultimately the Bill was, with some difficulty, passed in its present shape. It
Jias been reserved by me for the signification of Iler Majesty's assent, and I would

recommend that Iler Majesty be advised to give such assent as a necessary and
inevitable step towards placing the territories affected under law of some kind.

8. I would beg to refer to the reports of the debates on the subject enclosed in
my despatches, and to the fm'ther reports of the continuation of the debate on the
23rd, 26th, and 29th July now forwarded.

9. I would also beg particular attention to the enclosed minute by the Attorney-
General dated the 10th of August giving the reasons which induced my Ministers to
accept the Bill in its present shape.

10. It will be seen from the debate, which is not very full)' reported, that the
members of Government did their best to give effect to your Lordship's views as
expressed to me in your Despatch of the 15th July.

11. Mr. Upington in his minute gives his reasons why my Ministers thought it
better to accept the Act in its present form rather than wait till another session for the
purpose of adding to it the code of native law which it was intended to append as a
schedule to the Act.

12. I quite agree with them that it would be impossible to leave these territories
any longer with a Government which is only a Government dv facto, and the officials
of which may at any moment be brought before the criminal courts of the Colony for
righteous acts, done in good faith, in the discharge of their official duties.

13. With regard to a special code for the native races, I would beg leave to
submit a few remarks in explanation of my opinion, which, judging from paragraph 4
of your Lordship's letter of July 15th, has been somewhat misunderstood.

14. It is, I think, not the letter nor the spirit of the law of civilized races, the
application of which is galling to a race only just emerging from barbarism. Whether
the code be as simple as that contained in the ten commandments, or as complex as
the law of England, as it stands, any civilized criminal law is an enormous
improvement upon anyi;hing known in an ordinary native tribe or state in South
AMca.

15. It is the machinery by which the law is applied to the population which
renders the criminal procedm'e of a highly civilized community inapplicable and often
intolerably galling to a semi-barbarous population.

16. Let us take for instance the crime of homicide. According to native usage
there are many kinds of wilful and malicious homicide, which are usually supposed in
a native tribe to be adequately punished by a sentence short of death. At first sight
cur English law on the subject of homicide might seem comparatively harsh, and
might from its apparent harshness be considered galling to a native population only
just brought under the dominion of the Crown.

17. But as a matter of fact it will be found that the practice of the English law
is far more lenient and less frequently inflicts the penalty of death than any native
code.

18. The part of our legal system which is galling to the semi-barbarous native
tribes is its elaborate procedure. The uncivilized native understands a court in which
the Chief is the sole judge, and he recognizes a political agent or Magistrate who has
the power of Chief as equally adapted to his wants and usages. The white man is
then only a Chief, with a higher conscience and stricter sense of duty than is usual
among uncivili2;ed men ; and with a written law to guide him. But when the native
suitor, or complainant, is told of poKce authorities, and magisterial authorities, courts
of first and second instance, circuit courts, and courts of appeal, he gets utterly
bewildered, and his first impulse is to resent the complexity as a grievance, his second,
to make use of the complexity as means of escape from his just Liabilities.

19. Something of the same kind applies to the law of evidence, which for an

E 2

uncivilized native population sliould be simpler than that which is recognized as just in
a very artificially civilized community.

20. I may appeal to the wide and general experience of our Indian judicial
system in proof of what I have said. I have very rarely heard of the old regulations
or of the modern criminal code complained of when they were prescribed as a rule to
be followed in judicial proceedings, even among the wildest jungle tribes, provided
always that the magisterial and judicial machinery and elaborate system of procedure
and law of evidence rr. -ignised in oiir settled provinces was not applied to the savage
tribe. I believe, as a matter of fact, that the modern criminal code of India is the
only code of law under which our magistrates and political agents act even among the
most uncivilized native communities.

21. Hence I should expect, as a result of the Commission which it is proposed to
assemble on the subject, that they would recommend for the portions of the Colony
which are exclusively inhabited by natives, a code similar in its definition of crimes
and their penalties to that in force where the population is more exclusively European,
and that they would recommend as the only pecidiar provision for entirely native
populations that the judicial and magisterial machinery should be less complicated,
and the mode of procedure less elaborate than that which is found necessary where
men of European race form the majority of ihe population.

22. I may add that the experience of this Colony seems entirely in favour of the
view I have ventured to advocate. Wherever the ordinary criminal law is in force,
the law and its tribunals are always looked upon by the natives as their great safeguard
against oppression, and there is very little appearance of any desire to be under a
separate native code of their own.

23. The same, I need hardly remind your Lordship, was the case from the very
first introduction of ordinary English law into the presidency towns in India ; when
it was at once applied, without previous preparation of any kind, to native populations
far exceeding in number those of any one of the South African Colonies.

I have, &c.,

(Signed) H. B. E. FEERB,

Grovemor.

Enclosure 1 in No. 17.
Minute.

Colonial Secretary's Office, Cape Town,

Cape of Good Hope, July 30, 1880.

Ministers have the honour to submit herewith the Bill " To provide for the
" annexation to the Colony of the Cape of Grood Hope of the country situated between
" the Indwe, the Tsomo, the Bashee, the Indian Ocean, the Umtata, and the Gratberg
" Eange, commonly known as Tembuland, including Emigrant Tembuland, Tembuland
" Proper, and Bomvanaland ; and also of the country situated between Fingoland, the
" Bashee, the Indian Ocean, and the Grreat Kei, commonly known as Gralekaland,"
duly certified correct as passed by the Legislative Council and House of Assembly, and
to recommend that it may please his Excellency to reserve the same for the signification
of Her Majesty's assent thereon.

(Sigjied) J. Gordon Sprigg.
I reserve this BiU for the signification of Her Majesty's Assent thereon.

(Signed) H. B. E. Frere,

Government House, Cape of Good Hope, Governor and High Commissioner.

30th July, 1880.

Act to provide for the annexation to the Colony of the Cape of Good Hope of the
country situated between the Indwe, the Tsomo, the Bashee, the Indian Ocean,
the Umtata, and the Gatberg Range, commonly known as Tembuland, including
Emigrant Tembuland, Tembuland Proper, and Bomvanaland ; and also of the
country situated between Fingoland, the Bashee, the Indian Ocean, and the Great
Kei, commonly known as Galekalaud.

Whereas the territory commonly known as Terabuland, including Emigrant Tem-
buland, Tenibuland Proper, and Bomvanaland, and the territory commonly known as
Galekaland, are contiguous on a considerable portion of their respective boundaries to
the boundary of this Colony, and it is for other reasons also : desirable that the said
territories should be annexed to this Colony, so that this Colony in its present extent,
together with the said territories, may form one Colony : And whereas the tribes
inhabiting the said territories respectively are not yet sufficiently advanced in civilization
and social progress to be admitted to the full enjoyment and be subjected to the
responsibilities granted and imposed respectively by the ordinary laws of the Colony
to and upon the other citizens thereof, but it is expedient for the time being that the
said tribes and the said territories should be subject to special administration and
legislation. Be it therefore enacted by the Grovernor of the Cape of Grood Hope, by
and with the advice and consent of the Legislative Council and the House of Assembly
thereof, as follows : —

I. From and after such day as the Governor shall, by proclamation under his hand
and the public seal of this Colony, fix in that behalf the territory between the Indwe,
the Tsomo, the Bashee, ■ the Indian Ocean, the Umtata, and the Gratberg liange,
commonly known as Tembuland, including Emigrant Tembuland, Tembuland Proper,
and Bomvanaland : and the territory between Fingoland, the Bashee, the Indian Ocean,
and the Oreat Kei, commonly known as Gralekaland, or so much of the said respective
territories as shall be defined in or by any such proclamation, and with the limits and
name in any such proclamation signified, shall become and be part of the Colony of
the Cape of Grood Hope, and subject to the laws in force therein, except as hereinafter
in this Act is provided.

II. The provisions of the Native Succession Act, No. 18, 1864, shall apply to all
natives resident in the said respective territories, in like manner as if every deceased
native who was domiciled therein at the time of his death had been at that time the
holder of a certificate of citizenship.

III. The courts of this Colony shall have jurisdiction to take cognizance of, try
and determine any cause, or entertain any matter, civil or criminal, which the Gl-overnor
may from time to time by any proclamation published in the Grovernment Grazette,
extending to the said territories or any or either of them, declare to be cognizable by
such courts respectively, the subject matter whereof shall have occurred within the
local limits of such teiTitory, or the parties whereto or any of them are or is or may be
resident within such limits in like manner as if such subject matter had occurred
and such parties were resident within tlie limits heretofore forming the limits of this
Colony ; and all persons who may be lawfully sentg|iced to undergo imprisonment,
with or without hard labour, by any court or magistrate in any or either of the said
territories may by order of the Governor be removed to undergo the said sentence or
any part thereof to any convict station or gaol within the said limits, or within the
Colony.

IV. This Act may be cited as the " Tembuland and Galekaland Annexation Act,
1880."

Certified correct as passed by the
House of Assembly,
July 30, 1880.

D. Tennant,

Speaker.

Certified correct as passed by the

Legislative Council,

July 30, 1880.

J. H. DE ViLLIERS,

President.

■ Enclosure No. 3 in No. 10.

Proceedings in the House of Assembly, July 23, 1880.
From the "Cape Argus," July 24, 1880.
Evening Sitting.
Business was resumed at 6 p.m.

Transkei Annexation Bill.

The House resumed in Committee upon the Gralekaland and Tembuland Annex-
ation Bill.

Mr. Orpen was glad that the proposal for a Commission had been approved of by
the House. He thought it was advisable that the laws should be left over for discussion
until the next session of Parliament.

The Colonial Secretary said the Government hoped the report of the Commission

would be framed in time to enable a code of laws to be brought before Parliament next
session. It was impossible to indicate beforehand what might happen. It was possible
that there might he some delay in the report of the Commission. It would be unfor-
tunate if these countries shoidd be left without laws until next session.

Mr. Mackay thought it was advisable that decision on the subject should be
postponed until next session.

The Colonial Secrp:tary said Her Majesty's Secretary of State for the Colonies
had expressed approval of the course the Government of this Colony had adopted in
submitting to Parliament the regulations now under consideration. This Government
would advise the Governor to recommend the Secretary of State to advise that the Act
should receive the Royal assent. It was desired that a legal power should be given to
the Government of this Colony, which did not at present exist. These territories were
part of Her Majesty's dominions, and the Government wished to give these regulations
the force of law. The Government were acting in entire harmony with the Imperial
Government on this subject.

Mr. Scanlen could not agree with the Colonial Secretary. For some years past
these countries had been governed in an illegal manner, and he thought that proper
laws ought now to be made. He was of opinion that these outlying territories should
be governed in the same way as the Colony and the natives within the border. He
disapproved of governing the people in the outlying territories by proclamation. He
would persist in his opposition to the Bill, and would vote against it, as a whole, when
it was again submitted to the House.

Mr. Mackay said it was possible that they might have to undo what they were
doing this session after recei^dng the Commission's report. He believed the Home
Government would be in favour of a complete code of laws.

Mr. Solomon said it appeared to him that the Government wished to escape the
supervision of the Home Government in this matter.

The Attorney-General had an idea that the Commission's report would be found
to be of very little value indeed. A code of barbaric laws founded on the laws of these
people would never be tolerated by the Legislature of this Colony. That being the
case, there must be some special code of laws framed partly on our own system and
partly on the native laws of these people. He did not think the matter should be left
in abeyance pending the finding of the Commission. What the act proposed was to
give power to the Government of this Colony to carry on the Government of the out-
lying territories as they had been doing abeady, not by legislative enactment, but
because they had been in possession of these territories.

Mr. Solomon asked what advantage would be obtained by the couiae the Govern-
ment now proposed to adopt ? The Attorney- General said he had no objection to
proceed by Bill ; but why did he not act on that principle ? Why should they proceed
to legislate in these territories in a way different from that for the Colony ? What was
the advantage to be gained ? It seemed to him that the Government wanted merely to
escape the necessity of obtaining the assent of the Home Government.

The Colonial Secretary said the Government had no such desire. There was
nothing to escape.

Mr. Solomon said that it was competent for the Secretary of State to say, with
reference to any Bill, that the Queen refused to give her consent for a period of two
years. The object of proceeding as the Colonial Government were now doing was to
deprive the Home Government of the power of putting a veto on the proposed law.

The Colonial Secretary said the Secretary of State did not require that these
laws shordd receive the Queen's assent. The Secretary of State asked that these
regulations might be embodied in the Bill. He (the Colonial Secretary) pointed out
that this was a very inconvenient coiirse, but the laws would accompany the Bdl, so
that Her Majesty's Government might know what they were.

Mr. Brown thought the course which the Government proposed to follow was a
very inconvenient and dangerous one, liable to abuse.

Mr. S. Cron WriCxHT sympathised with the proposal of the honourable member
for Cradock, but thought they might as well go on with the regulations in the
meantime.

Mr. Irvine objected to the proposal to proceed by proclamation. He thought it
was the desire of the Government to proceed with too much haste in this matter.
These territories had been governed by the Colonial Government for some years with-
out any great difficulty, and he could not understand why they should not act in the
same way until the Commission's report was brought before them.

Mr. Solomon said he would vote for the Attorney-General's amendment, but he
would oppose the second clause as a whole.

The second clause was then put, and the Chairman declared in favour of the Ayes.

A division on the question resulted in the second clause being agreed to by a
majority of 26 to 20 votes.

Mr. ScANi,EN asked for some explanation with reference to the third section.
He wanted to know what was the object of limiting the jurisdiction of the Superior
Courts to such extent as might seem fit to the Governor by regulations. He did not
imderstand also the meaning of the provision that prisoners might be removed to
imdergo sentence to any convict station or gaol within the said limits.

The Attorney-Gteneral said the meaning of the section was that, if a man com-
mitted murder, say in the Transkeian territory (if the Grovernor wished to issue a
proclamation to that effect), a prisoner might be brought before the Supreme Court or
any Circuit Court of this Colony. "With reference to the latter part of the section, he
would add the words " within the Colony," to make it perfectly clear.

Mr. Soi.OMON asked whether in these dependencies, under the existing law, the
superior courts had not the power of review ?

The Attorxey-Gteneral said the honourable member might find out the law for
himself.

Mr. SoLOMOx thought that was a very insolent answer. The Attorney-Greneral was
here for the purpose of answering questions. It was not that he thought the Attorney-
General was always right in points of law, but when he asked a question he had a
right, by the constitution, to a civil answer. Only the other day he found that the Chief
Justice had warmly repudiated, in the Legislative Council, a legal dictum of the At-
torney-General. He thought the same protection shoidd be extended to the men in
these territories as to men in the Colony proper. If paltry cases came under review of
the supreme and circuit courts surely the cases from the Transkei were equally entitled
to be heard. He thought the people in native territories required protection more than
the people in the Colony proper. Matters in the Colony were closely watched by the
press. In the Transkeian territories the influence of public opinion could not be brought
to bear. The magistrates did not know the law, and it would soon be said that the
House cared nothing for the administration of justice in these territories. He said that
the people in these territories required more protection than the inhabitants of the
Colony proper.

Mr. Irvine thought it would be of great advantage to these people to liave such a
check as they would obtain by the right of appeal to the Supreme Coui't. He believed
that the incompetency of the magistrates to administer the nahive laws would become
known upon the Supreme Court having more power placed in their hands. The natives
looked up to the Magistrates and did not like to appeal from their decisions, and he
hoped the Colonial Secretary would look into the matter.

The Secretary for Native Affairs was afraid that, if every case which came
before a native magistrate could be brought under review, the Supreme Court would
hardly be able to get through their work.

The Attorney-General objected to the statement that, under the Constitution, he
was obliged to answer every question which was put to him by the honourable member
for Cape Town. He declined to do anything of the sort. He was not there to advise
him, a member of the Opposition, upon any legal question which came before the House.
There was an entirely false notion prevalent on that point. He would like to see any
leader of the Opposition in the Plouse of Commons in England asking the Attorney-
General such legal question. The honourable member who did so would be lauo-hed at.
The Attorney-General did not answer legal questions put to him by the House. He
was the legal adviser of the Crown. He did not object to answering legal qu.estions
generally in the House ; but he did object to answer legal questions on which it was
proposed to advance arguments against the Government of which he Avas a member.
Surely no honourable member would contend that he was obliged to do so. The
honourable member for Cape Town said an insolent answer was given to his question.
He denied it When the honourable member asked whether, under the existing law,
persons in this Colony had not a right to have their cases reviewed by the judges of the
Supreme Court, he knew right well that they had, and he only put the question in order
to get an answer to base an argmnent upon.

Mr. Solomon said that, as a matter of fact, he was not aware whether the judges
had the power of review he asked about. He objected to the idea that the Attorney-
General was only the legal adviser of the Government, and was not obliged to answer
legal questions put to him by the opponents or supporters of the Government. If the
Attorney-General's contention was true, all he could say was that the Attorney-General
got a high salary for doing very little. This was the first Attorney- General who had
shown any unwillingness to answer questions. Mr. Griffiths used to say, " Give me my
fee ;" but tlie present Attorney-General did not put it in that way. He said he would
not give advice, even for his fee (laughter) .

The third clause was passed.

The regulations were then brought forward for consideration ; and, after discussion,
progress was reported, and leave asked to sit again.

Tlie House adjourned at 10"55 p.m. until this (Saturday) morning,

Proceedings in the House of Assembly, July 26, 1880.
" Cape Argus," July 27, 1880.

Transkeian Annexation.

The Gralekaland and Tembuland Annexation Bill, as amended in Committee of the
whole House, was considered.

The Attorney-Gteneral moved to retain the original words of the second section,
or the Bill would be unintelligible if it remained as altered in Committee.

Mr. Scanlen did not quite understand the remarks of the Attorney-Greneral. They
were led to believe that the regulations would be attached to the Bill in the form of a
schedule, and he was somewhat surprised that the Bill was reported with no provision
made for that purpose. He thought that the Attorney-Greneral would have incorporated
the schedule in the Bill. It seemed now as if the Grovernment were endeavouring to
give the 13111 its original shape, as it was before being altered in Committee.

Mr. Soi.OMON also understood that the regulations were to form a schedule to the
Bill, otherwise the position assumed was an extraordinary one ; as no future regulations
could be passed without being first laid before the House ; but the first regulations
would be passed without coming before the House at all. Surely this was a position
never intended by the Government. It was true that they had the regulations before
them ; but if the Bill were passed, the Grovernment would have power, under the first
section, to act without their concurrence in those regulations, no such power being
granted as to subsequent laws. The House never intended to give the Government
such powers as that.

The question was put, and the Speaker declared that the ayes had it ; that is, that
tlie section as altered in Committee was to be retained. The Colonial Secretary called
for a division, the result of which was a tie, 25 voting on each side.

Ayes, 25. — Auret, Brown, J. I. de Yilliers, Everitt, Fleming, Hofmeyr, Human,
Irvine, Lewis, M. J. Louw, Mackay, Manuel, Merriman, Molteno, Orpen, Powell,
Proctor, Sauer, Solomon, Stigant, Wilman, S. C. Wright, E. C. Wright ; Scanlen and
Vintcent, tellers.

Noes, 25.— Aling, W. Ayliff, J. AyM, Barry, Blaine, Bradfield, De Wet, Frost,
Goold, Hockley, Keyter, Kirkwood, Laing, Leonard, Moodie, MyburgL, Reid, Sprigg,
Te Water, Tennant, Timm, Upington, Wood ; T. 1). Barry and liobiuson, tellers.

The Speaker said that the Bill having been fully discussed in Committee, he
could only give such a vote as would give effect to the decision of the Committee. He
should therefore vote in terms of the Committee's resolution, leaving the House to
restore or cancel it at a subsequent stage. (Opposition cheers).

The Attorney-General said it was just as well that they should see what was
the effect of the resolution which they had just agreed to. The discussion on the regu-
lations would drop now. There was no necessity for any regulation henceforward. The
whole body of Colonial law was now imported into Galekaland and Tembuland. He
hoped honourable members supposed that it would work well, but that was the effect of
the Bill as it was now passed. The Bill as it now stood was peculiar and somewhat
arbitrary. He would almost prefer that the first section should be the only one passed
— " That the territories be annexed to this Colony ;" and having the whole of Colonial
law there, let all future legislation come under the liead of general legislation for the
Colony. The fact now was that the whole body of the Colonial law, the law of marriage
rites, succession, and erery thing else was imported into Galekaland and Tembidand, and
then provision was made by the second section that any alteration, repeal, or modifica-
tion of that law in those territories could be made by a • resolution of both Houses of
Parliament, instead of by Act of Parliament as generally provided. The proposal made
by the Government as to the second section was to retain the power of legislation by
means of these regulations which were before the House in the first instance, repealing
or modifying them by proclamation afterwards. He would be rejoiced if the law
worked well, but honourable members should see the effect of what they were doing.

Mr. Soi,oMON was afraid that the honourable Attorney-General was misleading the
House. What they had understood was that these regulations were to be discussed in
Committee, when they couJd make any alterations in them, as provided in the Act. He
did not think that the Attorney-General was dealing fairly with the House. He
intended to vote for the amendment, and then to vote against the question that the
whole clause as amended be passed. He thought they ought to have had the schedule
attached to the Bill as understood in Committee ; and it was tmderstood that all future
legislation would be before them for discussion in the same way. That was just what

so many of fhem had been driving at for a time past. He could not understand wliy
the decision of the Committee should be opposed. When they had gone through the
regulations in Committee, they could alter the words " except as hereinafter provided
" in this Act " to " hereafter by the schedule to this Act." It woiild thus be seen that
this Act did not introduce into these territories the whole of the Colonial law, for the
very words of the clause were that that law might be modified by this Act.

Further alterations made by the Committee were then assented to without division,
Mr. Solomon subsequently moved that the clause, as amended, be omitted, and
this was agreed to.

Upon the question being put that the Bill, as amended, be adopted,
Mr. Solomon said that the Bill was now incomplete, as it referred to a schedule
which was not at present part of it.

The Speaker said that, if it was intended to affix the schedule, it must he done
before the third reading, or the Bill must be altered so as to read complete without it.
This must be settled by the third reading.

The Bill, as amended, was then adopted. ,

Proceedings in the House of Assembly, July 28, 1880.
« Cape Argus," July 29, 1880.
The Transkeian Territories.

Upon the question of the third reading of this Bill being put,

Mr. Scanlen moved the following as anew second clatise : — " The provisions of the
" Native Successions Act, No. 18, 1864, shall apply to all natives resident in the said
" respective territories, in like manner as if every deceased native who was domiciled
" therein at the time of his death had been at that time the holder of a certificate of
*' citizenship." He said it was exceedingly unlikely that they would be enabled, at this
period of the session, to go through and properly debate the regulations, so he thought
it well that there should be some modification of the Colonial law in the respect dealt
with by the clause he had proposed. He held that it would be very much better if all
these territories could be brought completely under the Colonial law, as he did not
beHeve that it would be found necessary to have special regulations to such an extent as
some members seemed to propose ; but when they were going into a new country, where
these polygamous regulations existed, it was perhaps better that they should make pro-
vision for native succession as set forth in the new second clause, which he proposed.

The Attorney-Gteneral quite agreed with the honourable member for Cradock
that as they would not be able to get through the regulations it was necessary to have
some modification of the Colonial law, and that being so, he would accept the amend-
ment, without which they would come to something like a dead-lock. They were
agreed, upon all hands, that the annexation should take place, and the next thing was to
make the Colonial law applicable to the territories. He repeated his objections previously
expressed to the Bill in the form it was now passing, but said they must make the
best of it, as he was not prepared to advise the Government to carry on the govern-
ment of these territories for another year without this Bill being passed.

The clause was then agreed to.

The Colonial Secretary remarked, that as had been said by the Attorney-
General, the Government had felt the necessity of this Annexation Bill going through
the House this session, in order that they might have some law authorising the
Government to proceed in those territories. But the case was somewhat stronger than
had been stated by the Attorney-General, Take the district known as the Transkei,
that under Captain Blyth. A part of the territory proposed to be annexed by this
Bill was Galekaland, which was a portion of the Transkei district, so that they would,
not only have two different laws prevailing in two different districts side by side, but
they would have two sorts of law in the same district. This arrangement would produce a
considerable amount of confusion. He regretted very much that he was not in a position
to name the Commissioners to be appointed on the forthcoming Commission on Native
Law, but he feared he would not be able to do so before Parliament rose. He would have
been glad if he could have done so, because he would have liked to have received sug-
gestions from members of the House. A telegra,m had been forwarded to the Secretary
of State with reference to the appointment of a Commissioner with extensive experience
in India. He might say that there was one gentleman who might, he thought, render very
great services on the Commission. The gentleman he referred to was Dr. Stewart, of
Lovedale, with whom, however, he had not yet had any communication, who would be
a very useful member indeed, and who had the confidence of the natives, as well as that
of the European Colonists. He did not feel able to mention any other gentleman's
name that evening, nor did he think he should be able to mention other names before the
end of the session.

[G. 59.— '84.] F

Mr. Solomon said that if the G-overnment wished to have a uniform system of laws
in these territories, they were quite at liberty to take steps for the purpose, which would
be accomplished by bringing the older annexed districts under the system now
proposed for Tembuland and Qalekaland.

The BiU was then read a third time.

Proceedings in the Legislative CorNciL, Cape Town, July 29, 1880.
" Cape Ai'gus," July 30, 1880.
. Galekaland Annexation Bill,

The Council resolved itself into Committee upon this Bill, Mr. de Smidt being
called upon to take the chair.

In reply to a question from the President, the Attorney-Greneral explained that
the Bill had been considerably altered from what it was when introduced in another
place, and that the Grovernment now merely regarded it as a temporary measure. It
was absolutely necessary that some power should be given to the Grovernment to
preserve order in the Transkei, and he hoped that by next session the Commission
which had been appointed to inquire into native laws and customs would have brought
up its report, and that a comprehensive measiu-e would be introduced.

The President expressed his dissatisfaction that such an important measure as
this should be discussed in such a hurried manner. Other Acts had been passed for the
annexation of other territories, and he should have preferred it if a similar course had been
adopted in this case. He feared that to incorporate the whole body of the colonial law
with a coimtry which was in an utter state of barbarism, would lead to such en-
tanglements that it would be almost impossible to put matters right.

After some further discussion by Mr. Hofmeyr and Mr. Ebden, to the same efiect,
the Bill passed through Committee without amendment, and was read a third time
and passed.

The Council then adjourned imtil 10 o'clock on Friday morning.

Enclosure 4 in No. 10.

Attorney- Greneral's Office, Cape Town,
August 10, 1880.

The proposed Act for the annexation of Tembuland and Gralekaland has been
passed in a form entirely different from that in which the measure was introduced by
the Colonial Grovernment. The Bill as introduced was modelled upon the Transkeian
Annexation Act, No. 38, of 1877, which it followed closely, and contemporaneously
with the introduction of the Bill, a code of laws was submitted to Parliament
modelled upon the Basutoland Regulations, which code it was intended to annex to
the Act by way of schedule. In every way the course adopted seemed to be the most
desirable, but the protracted hostility of some honourable members of the Legislature,
acting in what they assumed to be the interests of the native tribes, led to the defeat
of the Grovernment proposals, and to the passing of the Act as it now stands. The
effect of the Act as passed will be to import into the annexed territories, as soon as
the proclamation of the annexation shall be issued, the whole body of the Cape
Colonial law, excepting only the law as to the succession to property, which, in the
case of natives, will continue to be the existing customs of the tiibe. I pointed out
more than once during the passage of the Bill through Parliament that above
all things there should be similarity in the laws regulating native territories, and,
further, that I feared the application of the Colonial law i)er saltum would not
prove efficacious. Arguments were, however, advanced on the other side which
were sufficient to convince a majority of the members of the Legislature that no
danger was to be apprehended from immediately placing the inhabitants of the
territories proposed to be annexed under the same laws which govern the inhabitants
of the Cape Colony generally. Two reasons led the Grovernment to accept the
amendments referred to ; in the first place, there was something to be said in favour of
an extension of Colonial law to every portion of Cape Colonial territory, thus getting
rid of barbarous customs ; and, secondly, it was considered highly dangerous as
well as unconstitutional to continue a simply de facto Government in Tembuland
and Galekaland, in other words, it was deemed to be more desirable to accept the Bill
as amended than to proceed until next session with powers which are not strictly de jure.
Another reason which impelled the Government to accept the amended Bill was that a
proposal had been made and adojited by the Legislature, having for its object the appoint-
ment of a Commission to frame a code of native laws suitable to all Colonial native
territories, and as the proposed Commission was expected to report in time for legisla-

tiou diirliig' next sossion of the Colonial Parliament, the Government thoiight it best
to deal with Tembuland and Galekaland in the meantime as an integral portion of the
Oolonjr, and subject to its laws, esjiecially as there was a possibility that the report
of the Commission referred to would recommend the application of the Colonial law
generally to all subjects of Her Majesty -within Colonial territory. Following the
views held by the Government, I would recommend that His Excellency the Governor
be moved to urge aipon the Secretary of State for the Colonies the necessity for advis-
ing Her Majesty not to withhold her assent to the Act of Annexation, but to leave the
whole question of native law, which is receiving much attention from the Cape Colonial
Government, to be dealt with in the next session of the Colonial Parliament. Possibly
it may be found upon full inquiry that a recognition of all natives as subject to the
ordinary law, including the marriage and succession law, is the best mode of advancing
civilisation amongst them. As far as I am concerned I am not inclined to say that a
sudden change from barbarous native customs to civilised law is desirable, but at the
same time I am most desirous of seeing a change take place whenever a fitting opportunity
arises ; and for that reason I am induced to give the extension of Colonial laAV to
Tembidand and Galekaland a trial until next session. Human foresight is admittedly
defective, and although I hold against an immediate extension of Colonial law, that is
no reason why those who oppose my views should not have a fair hearing. On the
whole I cannot see that the Government can take up any other ground than to recom-
mendt hat the Act be assented to. The natives of Tembuland and Galekaland will then
be under the same law which governs every white man in this colony, and, if it should
be found that such a sj^stem is not suited to the natives, remedial legislation can be had
next session of Parliament.

(Signed) Thomas Upington.

No. 18.

The EAEL OF KIMBEELEY to Auministratou Sir GEORGE C. STRAHAN.

Downing Street, August 31, 1880.
Sir,

I HAVE the honour to transmit to you Letters Patent passed imder the Great Seal
for the annexation to the Colony of the Cape of Good Hope of certain British posses-
sions or territories in the Transkei known as Tembuland, Emigrant Tambookieland,
Bomvanaland, and Galekaland.

I have, &c..

Sir G. C. Strahan. (Signed) KIMBEELEY.

Enclosure in No. 18.

Cape of Good Hope. — Transkei Territories.

Letters Patent passed under the Great Seal of the United Kingdom, for the annexa-
tion to the Colony of the Cape of Good Hope of certain British Possessions or
Territories in the Transkei, known as Tembuland, Emigrant Tambookieland,
Bomvanaland, and Galekaland.

Letters Patent, dated 6th August, 1880.

Victoria, by the grace of God of the United Kingdom of Great Britain and
Ireland Queen, Defender of the Faith, Empress of India, to all to whom these presents
shall come, greeting.

Whereas it is expedient that certain of Our possessions in South Africa, situated
in the Transkei, and commenly known as Tembidand, Emigrant Tambookieland,
Bomvanaland, and Galekaland, should be annexed to and fonn part of oiu- Colony of
the Cape of Good Hope :

And whereas the Legislative Council and House of Assembly of Our said Colony
have expressed their desire for such annexation, and have passed the following joint
resolution, bearing date the 30th day of Jime, 1876 : — " That in the opinion of
" this House it is expedient that the country situate between the Umtata and
' the Tsomo Eivers, known as Tembuland, should be annexed to this Colony, and that
" the Government take such steps as m.ay place it in a position to introduce a Bill to
effect such annexation " ; and have also passed the following joint resolution, bearing
date the 1st day of August, 1878 : — " That in the opinion of this House it is expedient
*' that the tracts of country situated in the Transkei, known respectively as Bomvana-

F 2

" land, coded to tliis G-overnment by arrangement with tlie Native Chief Moni, an
" Gralekaland obtained by conquest, should be annexed to this Colony, and that the
" Government take such steps as may place it in a position to introduce a Bill to effect
" such annexation " : And whereas the said Legislative Council and House of
Assembly have not yet passed any such joint resolution in respect of the country
situate between the Tsomo and Indwe Eivers known as Emigrant Tambookieland, but
it hath been represented to Us that the annexation thereof is desired by Our said
Colony, now We do, by these Our Letters Patent, under the Great Seal of Our United
Kingdom of Great Britain and Ireland, authorise Our Governor for the time being,
of Our said Colony of the Cape of Good Hope, by proclamation under his hand and the
public seal of the said Colony, to declare that from and after a day to be therein men-
tioned the said possessions and territories, or as much thereof as to him, after due
consideration and consultation with his Ministers, shall seem fit, shall be annexed to
and form part of Our said Colony. And We do hereby authorise and direct Our said
Governor to determine, and by proclamation to signify, the limits of the said posses-
sions and territories so annexed.

II. And We do further direct Our said Governor not to issue any such proclama-
tion as aforesaid until the Legislative Council and the House of Assembly of Our said
Colony of the Cape of Good Hope shall have passed a joint resolution affirming the
expediency of annexing Emigrant Tambookieland to Our said Colony, nor until the
Legislature of oiu: said Colony shall have passed an Act providing that the said
possessions and territories shall become part of Our said Colony and be subject to the
laws in force therein except in so far as they may be modified by a special code of laws
and regulations to be included in or framed in pursuance of the s aid Act, nor until
such special code shall have received Oar approval, to be conveyed through one of Our
principal Secretaries of State. The said Act or special code may be modified by any
law or laws to be from time to time passed by the Legislature of Our said Colony for
the government of the said possessions and territories so annexed. Provided that every
such law shall be reserved by Our said Governor for the signification of Our pleasure
thereon.

III. And We do hereby reserve to Us, Our heirs and successors, full power and
aiithority, from time to time, to revoke, alter, or amend these Our Letters Patent as to
Us or Them shall seem meet.

IV. And We do furtlier direct and enjoin that these Our Letters Patent shall be
read and proclaimed at such place or places as Our said Governor shall think fit within
Our said Colony of the Cape of Good Hope.

In witness whereof We have caused these Our Letters to be made Patent. Witness
Ourself at Westp^inster, the Gth day of August, in the 44:th year of Our reign.

By warrant under the Queen's Sign Manual,

C. EOMILLY.

No. 19.

The EARL OF KIMBEELEY to Administrator Sir GEO. C.

STEAHAN.
Sir, Downing Street, September 1, 1880.

Eeferring to my Despatch of the 31st ultimo, transmitting Letters Patent for
the annexation of Bomvanaland, Galekaland, and Tambookieland, and to previous
correspondence on the subject, I have to request your special attention to the proposed
native code for these territories.

I shall be glad if you will invite your Ministers to furnish me with the draft of the
proposed code at as early a date as may be possible, for it is desirable that Her
Majesty's Government should have an opportunity of considering it during the recess,
and that they should have it before them when Sir Hercules Eobinson is in England.

I have, &c.,
(Signed) KIMBEELEY.

No. 20.
The EAEL OF KIMBEELEY to Administrator Sir GEO. C. STEAHAN.

Downing Street, September 29, 1880.

I HAVE duly received and considered Sir B. Erere's Despatch of 16th iilt., trans-
mitting a copy of a Minute from his Ministers covering the Bill providing for the
annexation to the Cape Colony of the Transkeian territories, together with a report of

debates in the Legislative Assembly and Legislative Council on the subject of an
address to tbe Grovernor which was passed, asking for the appointment of a Commission
to inquire into the necessity for a special code of laws for natives.

In consequence of the decision to appoint this Commission it becomes necessary to
postpone the proposed annexation, as the Colonial Government cannot of course fulfil
the conditions under which Her Majesty's Covernment had consented to the annexation
as explained in my Telegrams and Despatches. I have therefore to request that you
will not publish the Letters Patent which have been transmitted to you, or take any
action at the present moment with regard to the Eeserved Bill.

I have, &c.
(Signed) KIMBERLEY.

No. 2L
Administrator Sir GEO. C. STEAHAN to the EAEL OF KIMBEELEY.

Government House, Cape Town,

November 1, 1881.

My Lord,'

I HAVE the honour to acknowledge the receipt of your Lordship's Despatch of the
29th September, directing me not to publish the Letters Patent for the annexation of
the Transkei territories to the Cape Colony which have been transmitted here, or to
take any action with regard to the Eeserved Bill to provide for such annexation.

2. I may inform your Lordship that the Letters Patent have not been published
by me nor have I taken any action with regard to the Bill referred to.

I have, &c.,

(Signed) GEO. C. STEAHAN,

Administrator.

No. 22.

Minute from Ministers to the Administrator Sir Geo. Strahan.

Colonial Secretary's Office,

Cape Town, Cape of Good Hope,
Minute. 4th Nov., 1880.

With reference to His Excellency the Administrator's Minute No. 6, dated 29th
September last. Ministers have the honour to return the despatch from the Secretary
of State for the Colonies, dated Slst August last, forwarding Letters Patent for the
annnexation of Tembuland, Emigrant Tambookieland, Bomvanaland, and Galekaland,
together with a report by the Attorney -General thereon.

(Signed) J. GOEDON SPRIGG.

Enclosure in No. 22. Eeport of Attorney-General.

Attorney-General's Ofiice,

Cape Town, 1st November, 1880.

On June 30th, 1876, a Eesolution of both Houses was passed, asserting the
expediency of annexing the country between the TJmtata and Tsomo Eivers known
as Tembuland.

Judging from information supplied to me by the Under-Secretary for Native
Affairs, it would seem that it was intended by the then Government to include within
the district described as Tembuland that portion of the country known as Emigrant
Tembuland or Tambookieland, and that, either intending the mouth of the Tsomo to
be a rough boundary mark, or being deceived by the maps which were at that time in
existence, they took the boundaries roughly to be the Umtata and the Tsomo Eivers.
Subsequently, when it became necessary during the present year for the purpose of
legislation to define the boundaries strictly, it was found that the Tsomo ran through
Emigrant Tembuland or Tambookieland, and that the actual boundary of the latter
district, in which there had long been Colonial Magistrates, was the Indwe. Accord-
ingly, loy the Tembidand and Gcalekaland Annexation Act, 1880, the proper boundaries
were set forth, and provision was made for the annexation of the country as bounded by
the Indwe. Hence the reference in the Letters Patent made on the 6th day of August,
1880, to the absence of any joint resolution affirming the expediency of annexing
Emigrant Tambookieland, and also the clause prohibiting the Governor from issuing
the Proclamation referred to till such joint resolution should be passed.

At the time the Letters Patent were made there clearly appeared to have been an
omission as to the country between the Tsomo and Indwe, and the Colonial Ofiice

was therefore quite right in making a provision to meet it, inasmuch as the Secretary
of State for the Colonies would have been unaware at that time of the passing of the
Tembuland and Qcalekaland Annexation Act, 1880, which was in effect a joint
Resolution of both Houses, and which authorised the annexation of the country between
the Tsomo and Indwe. Consequently no joint Resolution will, in my opinion, now be
necessary, but nevertheless I apprehend that His Excellency the Administrator would
be unwilling to issue the Annexation Proclamation in the face of the express prohibi-
tion contained in the Letters Patent. I wotdd recommend, therefore, that the Letters
Patent be either returned with a view to their cancellation, and the issue of new
Letters Patent, or that they be retained pending an expression of opinion from the
Secretary of State for the Colonies, to the effect that the passing of the Tembuland
and Gcalekaland Annexation Act, 1880, was practically such a joint Resolution of
both Houses of Parliament as is required by the Letters Patent. The provision
regarding a special code of Laws and Regulations for the annexed territories will also
require amendment, in consequence of the Tembuland and Grcalekaland Annexation
Act, 1880, subjecting those Territories to the laws of the Colony of the Cape of Grood
Hope, excepting only the laws of succession.

I have already written a report upon the Act referred to, for the information of
the late Governor, in which I expressed my doubts as to the suitability of the entire
body of the Colonial Law, including trial by jury in criminal cases, to the annexed
territories, but since writing that report I am inclined to think, after the gravest con-
sideration, that as soon as the existing unhappy disturbances shall have come to an end
it will be desirable to abrogate all special laws within Native Districts, and to place all
subjects of Her Majesty — whether white or black — under the same system of law as
well as of procedxire, excepting, perhaps, trial by jury in criminal cases, which would
be a farce in purely Native districts. The exercise of the franchise will also be a
difficulty, for, although I am personally most favourable to extending the franchise to
every qualified subject, I cannot close my eyes to the fact that in districts nearly
altogether occupied by natives the grant of the franchise would be Avorse than useless.
The person returned to Parliament would in nine cases out of ten be returned by the
white traders, the missionaries, or the so-called chiefs. Further, if the tribal system is
to continue — and I sincerely trust it is not — it will be foimd impossible to prove
qualification for the franchise. A system of local self-government which would give
to well-educated and prosperous natives a voice in the settlement of matters appertaining
to their ordinary life would to me seem more useful than Parliamentary representation.

As soon as the Commission on Native Laws has reported and made it'j recom-
mendations the Grovernment will be in a position to say whether the introduction of
the Colonial Law is or is not preferable to the establishment of a system of Native
Law for native districts.

(Signed) THOMAS UPINGTON.

No. 23. — Keferences to other Papers relating to the Transkeian

Territories.

MAKK.

G. 3— '84.
Page X.

G. 39—76.
Pages 18—47.

A. 23— '82.

No. 13 of 1882.

SUBJECT.

Conditions made between Commandant
Bowker, and Tembus on deposition of
Gangelizwe . .

Mr. Probart's Report, laid on the Table of
the House of Assembly . .

Sir II. Robinson to Lord Kimberley trans-
mitting Ministers' Minute, suggesting
issue of Commission to Governor

Lord Kimberley to Sir H. Robinson,
stating Bill cannot be sanctioned until
Native Code has been passed.

Lord Kimberley to Sir H. Robinson, trans-
mitting Commission

Proclamation by Sir PI. Robinson

A. 15 — '82. Report by Select Committee of House of
Assembly on the Settlement of Tembu-
land

No. 82 of 1882.

No. 44 of 1883.

G. 66— '83.

Proclamation by Sir H. Robinson, con-
cerning occupation of Tembuland

Proclamation by Sir II. Robinson, as to
Grazing Licences in Tembuland

Report of Tembuland Commission appointed
by House of Assembly in 1882

DATE.

December, 1875.

22nd May, 1876.

10th October, 1881.

15th Nov., 1881.

J 5th Nov., 1881.

26th January, 1882.

3rd June, 1882.

10th June, 1882.

24th March, 1883.

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