§ When a Bill is presented to the Governor-General for the King's Assent, he shall declare according to his discretion, but subject to the provisions of this Act, and to such instructions as may from time to time be given in that behalf by the King, that he assents in the King's name, or that he withholds assent, or that he reserves the Bill for the signification of the King's pleasure. All Bills repealing or amending this section or any of the provisions of Chapter IV. under the heading "House of Assembly," and all Bills abolishing provincial councils or abridging the powers conferred on provincial councils under Section eighty-five, otherwise than in accordance with the provisions of that section, shall be so reserved. The Governor-General may return to the House in which it originated any Bill so presented to him, and may transmit therewith any amendments which he may recommend, and the House may deal with the recommendation.
§ Mr. BARNES moved, after the word "section" ["provisions of that section"], to insert the words "and all Bills which in any way affect native territories." With every desire to expedite business, I desire to move this Amendment in order to get some explanation, and, I hope, some satisfaction. This clause has reference to Bills which are passed without reservation and Bills which must be reserved. The latter category, the House will observe, are all Bills of what might be called a Constitutional character—that is to say, it is stipulated that Bills which in any way infringe upon the powers of the Constitutional authorities are to be reserved. The clause also provides that Provincial Councils shall not be abolished, and the powers of those Provincial Councils in regard to taxation and other powers generally shall not be infringed upon except the Bills so infringing are reserved for Imperial consideration. We propose that these words should be inserted so that Bills of that character in any wise interfering with native rights shall be reserved. I know that in the Schedule there appears to be some safeguard in that direction—that is to say, it is stipulated that no land should be alienated. There is a good deal that might be done short of 1642 alienating land, and a good deal that might be done adversely affecting the natives, and we want to provide that nothing of that sort shall take place except the Bill doing it shall be reserved for consideration. It is with that object that I move this Amendment.
§ Colonel SEELYBy this Amendment it is proposed to reserve all Bills affecting in any way native territories. I may say quite truly that there is a number of safeguards to be found in the Bill, but there is also action which could be taken outside the limits of the Bill. While that, no doubt, is quite true, it is only action of a high-handed character, which none of us anticipate, to which the hon. Member would wish to apply his Amendment. I do not think it is desirable to limit precisely the powers of the Governor-General. He has great responsibilities to discharge, and in respect of nearly all of them he applies to the Minister. In assenting to or reserving Bills he is obiged to act on his own authority, but you may be quite sure that any action of the nature to which my hon. Friend might reasonably raise objection, the Governor-General would not be disposed to assent at once, but would seek further instructions from Home. In point of fact, if the action taken is reasonable, my hon. Friend would not desire to apply this Amendment, because something might be done entirely for a good object and to suit their convenience. On the other hand, if there were any case of a highhanded character, I am sure the Governor would not act withoutout applying for instructions from Home.
§ Mr. MORTONMay I ask as to the land question whether the natives are properly protected? It was found that in Canada and elsewhere there was an old-fashioned custom of driving the natives or Indians away and taking their land, but that was put a stop to previous to 1850.
§ Colonel SEELYI am sure that I cannot truthfully say otherwise, but that in my view, speaking on behalf of the Colonial Office, the native is adequately protected under this Bill. In regard to the Amendment, "territory" might be taken to mean lands within the Union. I do not think that would be convenient in this part of the Bill.
§ Sir C. W. DILKEThere is a question we might raise on this Amendment or on Clause 122. I am disposed to think that 1643 the lands will be somewhat better protected by the effect of Clause 122 than they are at the present time, though I am a pessimist with regard to the land question in South Africa. The feeling of the Transvaal has been unfortunately shown, as has that in the Orange Free State, by recent attempts at legislation. Even with regard to those, and still more the Crown lands in Natal and Zululand, they will be somewhat improved in the Bill as compared with the present state of things. I challenge the assertion of Dr. Jameson that there has been no breach of faith in regard to those native lands, and assert in the strongest possible terms that a breach of faith has occurred.
§ Amendment, by leave, withdrawn.
§ Clauses 65 to 105, inclusive, agreed to.