§ MR. SWIFT MACNEILL (Donegal, S.)I beg to ask the Under-Secretary of State for the Colonies whether he is aware that the Natal Chief Tilonko was on the 30th July tried by a Court constituted of 662 military officers of a Colonial corps set up by the Governor of Natal and the Commandant of Militia under martial law on a charge of sedition, and was convicted and sentenced to ten years imprisonment with hard labour and to a fine of 500 head of cattle; whether he is aware that the persons constituting this Court were indemnified and the proceedings of the Court, which was held with closed doors, were rendered valid by anticipation by an Indemnity Act previously passed by the Parliament of Natal, which was itself dissolved before the trial began, and whether, having regard to all the circumstances of the case, the unreliable character of the evidence for the prosecution, and the severity of the sentence which has now been endured by Tilonko for several months, the Secretary of State for the Colonies will consider the propriety of advising that in this case the prerogative of pardon may be exorcised by the Crown.
§ MR. CHURCHILLIn this case the Governor acted on the advice of his responsible Ministers, and the Secretary of State does not think that he would be justified in over-ruling him in the exercise of the prerogative of mercy under such conditions.
§ MR. SWIFT MACNEILLasked whether, without over-ruling the discretion of the Governor, some representations would be made with regard to the prerogative of mercy.
§ MR. CHURCHILLsaid he would be very glad to see some modification of the sentence, but he could make no official statement.
§ MR. SWIFT MACNEILLthanked the hon. Gentleman for his sympathy, in which he hoped other chiefs sentenced with Tilonko would be included.