HC Deb 05 April 1886 vol 304 cc736-7
MR. BADEN-POWELL (Liverpool, Kirkdale)

asked the Under Secretary of State for the Colonies, Whether his attention has been called to a letter signed "G. D. Smith, President of the late Bestuur, Stellaland," which states that a public petition, drawn up and adopted by a large proportion of the inhabitants of Stellaland, including the members of the late Bestuur, was seized by the police on the 23rd January 1886; that several of those who signed were arrested, tried without any opportunity of providing defence, and, although the evidence was altogether in favour of the accused, condemned to one year's imprisonment, in default of finding sureties of £2,000 each; that there is no appeal in Stellaland, except to the Judge who, as Administrator in this case, passed sentence in the first instance, and after to the Privy Council in England; and, whether these allegations are founded on fact, or justified by what has actually occurred; and, should this be so, whether Her Majesty's Government have taken steps to remedy the evils complained of?

THE UNDER SECRETARY OF STATE (Mr. OSBORNE MORGAN) (Denbighshire, E.)

My attention has been called to the letter alluded to, which, however, contains several inaccuracies. The public Petition which is there stated to have been seized by the police was forwarded through the Administrator, Mr. Shippard, to Sir Hercules Robinson, who dealt with it in an exhaustive and very conciliatory reply. Certain persons concerned in promoting the Petition, including Mr. G. D. Smith, were brought before Mr. Shippard in his capacity as Chief Magistrate, and he came to the conclusion that the agitation which they were fomenting by their conduct was calculated to incite to a breach of the peace; and he, therefore, directed that they should give security, themselves in £1,000 and two securities in £500 each, for their good behaviour. The securities were completed the same evening before the Resident Magistrate. The accused persons called witnesses, and had the assistance of a professional advocate. The Administrator reports that the proceeding before him was not a trial properly so-called at all, and that he passed no sentence. Under these circumstances, I do not see how any question of appeal could arise; but no doubt it is the fact that an appeal from the Chief Magistrate of Bechuanaland does lie direct to the Privy Council in this country. Under the circumstances, as I have explained them, Her Majesty's Government do not feel themselves called upon to take any action in the matter.