Lords Sitting of 23 April 1877

MINUTES.
— SELECT COMMITTEE — Conservancy Boards, &c. nominated.
PUBLIC BILLS — First Reading — Elementary Education Provisional Order Confirmation (London) (48); Settled Estates (49).
Second Reading—South Africa (40); Drainage and Inprovement of Lands (Ireland) Provisional Orders (38).
Second Reading—Committee negatived—Considered —Third Reading— Marine Mutiny; Mutiny.
Committee—Report — Customs and Inland Revenue (Duties on Offices and Pensions) (35).
Third Reading—Justices Clerks (42).

RUSSIA AND TURKEY—THE WAR.

  QUESTION.
  EARL GRANVILLE: I wish to ask my noble Friend the Secretary of State for Foreign Affairs, Whether he is in a position to give your Lordships any further information as to the situation in the East?
  THE EARL OF DERBY: My Lords, I am glad my noble Friend has put this Question. Within the last two or three hours I have received two telegrams which are of some importance, though I am afraid your Lordships will not consider them of a very satisfactory character. One is from Mr. Layard, who states that the Chargé d'Affaires has received instructions to announce a suspension of diplomatic relations with the Porte; and Mr. Layard adds that he believes the Russian Chargé d'Affaires will leave Constantinople in the evening. The other is from Colonel Mansfield, our Agent at Bucharest, who states under date of 11 o'clock this morning that a small detachment of Russian officers and men had arrived there by railway.

  PRIVATE BILLS.
  Ordered, That no Private Bill brought from the House of Commons shall be read a second time after Monday the 18 th day of June next:
  That no Bill originating in this House authorising any inclosure of lands under special report of the Inclosure Commissioners for England and Wales, or confirming any scheme of the Charity Commissioners for England and Wales, shall be read a first time after Tuesday the 5th day of June next:
  That no Bill originating in this House confirming any provisional order or provisional certificate shall be read a first time after Tuesday the 5th day of June next:
  That no Bill brought from the House of Commons authorising any inclosure of lands under

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  special report of the Inclosure Commissioners for England and Wales, or confirming any scheme of the Charity Commissioners for England and Wales, shall be read a second time after Monday the 25 th day of June next.
  That no Bill brought from the House of Commons confirming any provisional order or provisional certificate shall be read a second time after Monday the 25 th day of June next:
  That when a Bill shall have passed this House with amendments these orders shall not apply to any new Bill sent up from the House of Commons which the Chairman of Committees shall report to the House is substantially the same as the Bill so amended.

MARINE MUTINY BILL. MUTINY BILL.

  SECOND READING. THIRD READING.
  Bills read 2a (according to Order.)
  THE DUKE OF RICHMOND AND GORDON, in moving the suspension of Standing Orders, Nos. XXXVII. and XXXVIII., in order that they might be forthwith passed through their remaining stages, said, the Government were not responsible for the fact that the first reading of this Bill and the Mutiny Bill had not been moved in their Lordships' House till Friday night last. He did not wish to characterize what bad occurred in the other House of Parliament with reference to those Bills—it would be neither expedient nor convenient for their Lordships to discuss that subject—but he wished to exonerate the Government by stating that though both Bills had been delayed for a long period in their passage through' the other House, neither of them contained anything essentially different from that which was to be found in the Mutiny Acts of former years.
  Motion agreed to. Standing Orders, Nos. XXXVII. and XXXVIII., considered (according to Order), and dispensed with: Bills read 3a, and passed.

SOUTH AFRICA BILL.
(The Earl of Carnarvon.)
SOUTH AFRICA BILL.

  (NO. 40.) SECOND READING.
  Order of the Day for the Second Reading, read.
  THE EARL OF CARNARVON, in rising to move that the Bill be now read the second time, said:—It is now, my Lords, 10 years since I had the honour of moving the second reading of the Bill for the Confederation of the Dominion of Canada, which Bill became law
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  from that time. The Bill now before your Lordships is founded in a great measure on that statute, but there are both analogies and differences which, though I cannot explain at length, I may in a very few words indicate. Analogies will be found in the variances of race, language, creed, and laws; the difference consists in that great Native question which has long been, and must be for many years to come, the hinge upon which South African policy must turn. But in Canada, since the time that the Confederation Act passed, there has been a great development of population, of revenue, of the exports and imports, of all, in fact, which marks the advance of a great country; and yet, with this development, and with the growth of those large Imperial questions which call for the exercise of high constitutional qualities, and which, in their absence, would cause grave political friction, happily the relations between the Canadian Colonies and this country have become still closer. My noble Friend who preceded me in the Colonial Office, 1867, (Lord Cardwell), and who had, with no common patience and ability, brought the Canadian measure into such shape that I was enabled to bring it to a practical conclusion, will remember that for a very long time before that measure was introduced the subject of a confederation of the Canadian Provinces had been much discussed in this country and in Canada, and that before the Bill was brought before the Imperial Parliament almost every point of difficulty and controversy had been brought into the way of settlement by personal explanation and preliminary discussion. The same thing cannot be said in respect of this Bill. Although the question of confederation in South Africa has been much discussed, many matters of opinion are necessarily still left in doubt. Consequently, as Her Majesty's Government thought that a measure for Confederation ought not to be longer delayed, they have been compelled, when framing this Bill, to pursue a different course from that which was adopted in the case of the Canadian Act. The Bill before your Lordships is one of outline and principle. It is one containing the framework of a future Confederation, but leaving the details to be filled up after free communications between the Imperial and local Governments. It is essentially permis-

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  sive—one by which no sort of pressure would be put on the Colonies, while it will at the same time give them every opportunity of confederating, if they should think it advisable to do so.
  It is, however, hardly possible to consider this measure without recalling the present political circumstances of South Africa, which may be said, in relation to the scheme, to fall into three groups—the English Colonies, the Native tribes, and the Dutch States. Of those English Colonies you have, first and foremost, the Cape, with its broad area, its great resources, its varied interests, its mixed population, and the traditional pre-eminence which its past history confers. As showing the advance made during the last five years, I may, in passing, mention that, whereas in 1871 the revenue of the Cape was £750,000, it has risen since then to £2,250,000, and that nearly 800 miles of railway are in course of construction. Next you may look to Natal, with its great natural capabilities in climate and soil, and mineral wealth, and its equally great causes of Native anxiety. Yet here, too, the revenue has risen from £125,000 to £260,000 within the same period. Lastly, we may turn to Griqualand, with its strange mixture of as yet uncultivated land, and its almost fabulous products. In that province the value of the diamonds found in the five years ending February 1876 has been estimated at from £12,000,000 to £20,000,000, whilst the out-put of diamonds is supposed to be not less than £2,000,000 per annum. But besides these English Colonies, there are outlying districts inhabited by Native tribes, with some few and scattered English officers resident amongst them, gradually civilising and bringing them under the mild influence of English law.
  So much as regards our Colonies. There remains next to consider the Native tribes, who, within and without those Colonies, constitute the greatest and most pressing of South African problems. It is difficult to form any reasonable estimate of their numbers. In the English Colonies there are not fewer than 1,000,000, and there are about that number in the Transvaal State. Of the Natives beyond our frontier who by some impulse from the far interior are continually pouring southwards upon us, I do not attempt a calculation. I will only say that,
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  numerous as they are, they are still increasing in numbers. Formerly, indeed, the state of the barbarous warfare in which they lived kept down their numbers, but our civilization and gentler treatment have multiplied their strength and have induced them to come over the boundaries. During the last two years they have swarmed by thousands into Natal till it has been said that the Natives increased more in one day than the Whites did in a year. But they are increasing also in intelligence, and unfortunately that intelligence is too often directed to the use and the possession of arms. It is estimated that no fewer than 200,000 arms have been purchased in Griqualand, and I read an account the other day of a trader over the frontier whose stock in trade for arms amounted to not less than £30,000. On his return home from that country, Sir Garnet Wolseley gave it as his deliberate opinion that among the many sources of danger in South Africa there was none so great as this extensive possession of arms by the Natives. Lastly, they are increasing in wealth; and here I recognize a better side to the picture, for the possession of wealth implies a certain kind of civilization, and a certain element of political stability.
  So much, then, as regards our own Colonies and the Native tribes. I now pass to the Dutch States; and when I recall the history of those States, I own that I do so with regret. There was doubtless right and wrong intermingled, as it always is in human affairs, on each side; but whatever that right or wrong, and however distributed, I think with regret of these communities going out into the wilderness alienated from English feeling and policy, alienated, too, under the sense of injustice and wrong. I will not now revive the recollections of that unfortunate period; I will only venture to lay down two propositions which are, I think, as important as they are true. First, that the main European population of South Africa in its original element is Dutch rather than English; and, secondly, that it would be a grievous mistake to confound the steady, peaceful, prosperous, and conservative Dutch people of our settled Colonies with a factious, turbulent minority which has lately come into prominence in the barbarous warfare of the Transvaal. There are, as your Lordships are aware, two Dutch States.

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  Of these the Orange Free State is the largest, oldest, most prosperous, and soundly organised. There have been here causes of irritation and suspicion, but I trust that these have now been removed by the agreement which I was fortunately able to conclude last summer with the President, Mr. Brand. That arrangement has been the means of bringing about a much-desired reconciliation. In the Transvaal, on the other hand, there is a still larger area, a smaller White population, and a very much larger Native population, with a far less soundly organised Government. But large and thinly populated as is the territory, there is, as so often has been seen in other countries, a hunger for land; and so it came to pass that last year some very unwise claims to Native lands were set up on the part of the Government of the Transvaal. I felt it my duty to protest repeatedly and strongly against the proceedings in reference to those claims, but those warnings were disregarded; war, and a disastrous war, ensued, which actually placed the whole State at one moment in the most imminent peril. Peace was patched up for a moment, but of a most unsatisfactory character so much so that if peace is to be had on such terms in South Africa, a great inducement for other Chiefs to follow in the same course will be given. Under such circumstances, it became necessary for Her Majesty's Government to take what precautions were in their power. They sent additional troops to the frontier, and they sent also as a Special Commissioner, and armed with the authority which they could give, Sir Theophilus Shepstone. But no authority which Her Majesty's Government could delegate to him is so great as that which his capacity, his knowledge of the Natives, and his great experience have given him. I have known him now for several years, and I am satisfied that there is no other man in South Africa more competent to deal with the difficulties of such a case as that which now exists in the Transvaal. It is, I believe, due to the influence of Sir Theophilus Shepstone that hostilities are not now raging along the whole frontier of the European settlements. Reports, indeed, reached this country that he had announced his intention to forcibly annex the Transvaal state. It
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  appears to me that the language ascribed to Sir Theophilus has been very grossly exaggerated. His language has been frank, but at the same time conciliatory and temperate; and it has been received in the most friendly spirit by the local Government. Thoroughly understanding the nature of the dispute between the Natives and the authorities of the Transvaal, he did not hesitate to point out the extreme danger of the situation, to tell them that Her Majesty's Government cannot view with indifference the acts or circumstances which may involve a general conflagration, but that though treating them with all friendship and forbearance, and though for the present waiting to see what they could do for their own preservation, he recognised limits beyond which it would be impossible to protract a mere attitude of expectancy. I, too, may now state to your Lordships that, knowing as I do how large a portion of the people of the Transvaal desire to come under British rule, I cannot but anticipate that in the end the Transvaal will become a British State. I have no desire, if it can be avoided, to take over that State. We have territory enough and to spare in South Africa; nor need I say that I desire no unwilling members in this Confederation. The Bill before you is a sufficient proof of this; but if there is any calamity which I more deprecate than another it is the breaking out of a Native war, which would not only involve vast loss of life and property, and throw back for years to come the civilization of the South African frontier, but would impose liabilities and difficulties which it is hard to measure upon this country. It is at present difficult to do justice to the confusion, the anarchy, the political chaos of that country. The Whites are divided into factions, taxes are not paid, the Exchequer is empty, laws are as if they were not written, terrorism in some parts prevails; the coloured races are discontented and watching for the first opportunity; the Zulu King, with his 30,000 or 40,000 men, is ready to intervene for his own objects and interests. Now, if the danger were confined to the Transvaal alone we might, perhaps, run the risk of it; but we cannot view the kindling of great political fires in our immediate neighbourhood any more than the farmer can bear to see the

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  prairie blazing all round his homestead.
  It is, my Lords, hardly necessary, perhaps, to give special reasons why a confederation of the South African Colonies is desirable. The subject is one on which public opinion locally has veered towards the present conclusion, whilst in England it has never wavered. It is, however, manifest that great difficulties must present themselves as long as different systems in important branches of administration prevail in the different Colonies. Let me for the sake of mere illustration take three points—the Franchise, Real Property, and Arms. As regards the franchise, in the Cape the Natives have it and use it; in Natal there are restrictions such as prevent the use of it, and in the Dutch Colonies there are none. As regards real property, in the Cape the Natives are on an equal footing with the Whites; in Natal they hold land by trustees or tribes; in the Orange Free State they possess only small plots; while in the Transvaal the Natives occupy at pleasure and without regulation waste laud. As regards arms, in the Cape there is a duty of £1 per gun, but no register; while in Natal there is no duty, but there is a register. Now, if there were a united Government by means of a confederation there would be probably better, more uniform, and more even arrangements. A strong Government would respect itself and be respected by the Natives. Under such a Government there would be less danger of insurrection on the part of the Natives, and less chance of panic on the part of the Colonists. In Canada the treatment of the North American Indians has been liberal, kindly, and humane; it has formed the subject of just praise alike by traveller and politician. But there is another advantage which may be fairly mentioned; and it is this. Under a large and common system of Government in South Africa many public works which are now neither undertaken nor dreamt of would become possible. That which is not the business of any one individual member of the family politic is the business of none; and considering her great resources, and, indeed, her great necessities, it must be owned that in this part of the race of civilisation, South Africa is somewhat, though very excusably, in arrear. But
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  perhaps of all the changes which this measure may produce, I anticipate with the advent of political and administrative union none more hopefully than a real union in sentiment of the Dutch and English race. The old quarrel to which I have alluded is dying out, and is fast becoming a thing of the past: real friendliness exists under the crust of political discord: one of the most graceful writers among modern travellers says, that the Dutchman at the Cape when speaking of England talks of it no less than the Englishman as "home:" all must gain in general political strength as in material prosperity by combination, and I will only add that my highest object has been to restore the union of sentiment between the two peoples. I am hardly obliged to anticipate objection to my own measure; but I have heard it said that there is coercion lurking under its provisions. I absolutely deny the fact. There is not the shadow of a shade of coercion. I may even go further, and point out that the earlier history of the question not unreasonably leads me to the belief that confederation is no uncongenial idea to any of the Colonies or States of South Africa.
  On the 22nd of December, 1858, this resolution was adopted in the Orange Free State—
  "This Raad is convinced that a union or alliance with the Cape Colony, whether on the basis of federation or otherwise, is desirable, and therefore resolves to request his Honour the President to correspond with his Excellency the Governor upon that subject …. for the purpose of planning the approximate terms of such union."
  Later in 1871 a Commission on Federation at the Cape was appointed, which could and did only consider the question with reference to the Cape Colony alone, but in whose report I find, amongst other remarkable matter, the following language—
  "Some, whose opinions arc entitled to great respect, are of opinion that until the Free State, the Transvaal Republic, and Natal show a disposition to federate with the Cape, and until West Griqualand and the country between the Kei and the Bashae, or between the Kei and Natal, shall have been annexed to the Colony, no change of the kind proposed will be either necessary or expedient. …The time may come when the advantages of a union among South African communities for the creation of a strong Government, powerful to protect, and, to a certain extent, to control its several members, will become apparent to all."

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  Later again in 1875, when I had proposed with reference to this question a Conference of the Colonies and States of South Africa, the following resolutions were adopted by the Legislative Council of Natal—
  "That such a Conference will conduce to a future and closer union between the Cape Colony, the Orange Free State, the South African Republic, the Province of Griqualand West, and this Colony; an union that may be of material benefit to each, of disadvantage to none. To express a hope that our elder and sister Colony will yet regard with greater favour the prospect of a more friendly intercourse and closer union with Colonies and States whose interests are by nature and circumstances inseparable from her own, and which are peopled by a race, not only of common origin, but of kindred blood; and that delegates from the Cape, the Orange Free State, the South African Republic, Griqualand West, and Natal may meet in friendly conference."
  In the same year and on the same subject this resolution was passed by the Legislative Council of Griqualand West—
  "That, in the opinion of this Council, it is desirable and expedient that a Conference of Representatives of the South African Colonies and States should assemble for the consideration and discussion of questions of common interest with a view to the formation, if possible, of a Federal Union."
  And within the last two months the Volksraad of the Transvaal have agreed to this resolution—
  "That it is impossible, under present circumstances, for the Government to carry on the administration and control of the country."
  I hear that considerably more than a fourth of the male population of the Transvaal have signed a Petition praying for an intervention by Her Majesty's Government in the affairs of that distracted province. Nor even yet is this all. In the autumn of last year I held a Conference in London, in which the President of the Orange Free State and Representatives of Natal and Griqualand took part, and in which they unanimously agreed upon the expediency of a common system of police, of the regulation of arms, of the sale of spirituous liquors, of industrial education—in fact, of many of the primary and most important elements of a common Government. But if I am asked why the Government has not delayed this Bill for some clear and unmistakeable indication of the exact feelings of the various States and Colonies, such as would
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  enable us to bring in a Bill framed on the precedent of that for the Dominion of Canada, my answer is, that we feel that a positive duty is imposed on us of at once placing within the reach of the South African communities a power to unite under the protection of the British Crown. To delay this to some future and perhaps indefinite Session of Parliament would be to invite calamity for those Communities and for the Imperial Government. It may, however, perhaps, be objected as against this Bill that it leaves too much to an Order in Council to decide. But if there must be no delay, then there is no other course than to adopt that method. Let it also be remembered that the various points of controversy—if, indeed, it can be admitted that controversy there is—are mainly matters for internal regulation, respecting which the Imperial Parliament would hardly desire to interfere. They are, in fact, questions which must be left to be adjusted by the Imperial and local Governments. The Bill, as originally prepared, has now been before the various Colonies and States of South Africa for a considerable time. Objections have been made to various provisions; the objections have been considered, and the provisions have either been amended or omitted from the measure as it now stands.
  And now in explanation of the Bill itself. About two months ago, in redemption of a pledge given at an earlier period, I sent out a Bill for consideration in South Africa, which will be found in the Blue Book which last week I laid on the Table of the House. That Bill met, as I consider, with a fair and favourable reception in South Africa. At the same time there were comments and criticisms, some of which I thought so reasonable that I have in a great measure recast the Bill so as to bring it to the shape in which it is now before your Lordships. It will not require much explanation. The first part deals with the voluntary union of the various Colonies and States; the next with Executive power; and the next with the Legislature and the distribution of Legislative powers. The third clause enables the union of Colonies or States under the British Crown; and it deals with such confederation on general principles. The details will be considered by the Imperial awl the local Govern-

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  ments, and having been duly adjusted will be announced by Order in Council from Her Majesty. It is, I think, the best and simplest course to pursue in such a case; but if any doubt be entertained, there is a very sufficient precedent for this in the case of Queensland and New South Wales. Several years before the great Colony of Queensland came into existence, power was taken by Act of Parliament to cut off the northern districts of New South Wales, and to form them with all the machinery of civilized government into a separate Colony, leaving authority to the Crown to fill up and supplement all details by Order in Council.
  Next, as to the Legislative authority. I propose, as will be anticipated, and in conformity with the usual course, the system of a double Chamber. In the original draft I thought it best to propose that one of the Chambers should be a council nominated by the Crown; but considerable objection to that proposal has been taken in South Africa, and I feel no difficulty in leaving the question in abeyance. In the arrangement of Colonial constitutions there is no question more complex or difficult than the organization of the Upper Chamber. In modern times there have been but two Upper Chambers of authority and political prominence—the English House of Lords and the American Senate—the House of Lords legislative and hereditary; the Senate executive and elective. But it is simply impossible to create either in a Colony. The immemorial tradition of the one, the surrounding constitutional framework for the other is wanting. In the English Colonies, however, the form has considerably varied. In New South Wales the Upper Chamber is nominated for life with a minimum; in Queensland it is nominated for life with an understanding that it should not exceed two-thirds of the Assembly; in Victoria it is elective—a certain proportion periodically retiring by rotation; in Canada it is nominated for life, with a limited power of addition. But whatever these variations may be, I apprehend that the two principal and practical objects are, first, to secure such an authority for the Upper Chamber as to enable it to check hasty and imprudent legislation; and, secondly, so to constitute it as to avoid those deadlocks which are fatal to all
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  legislation, and which have sometimes occurred in recent years. The Legislative Council at the Cape under its present constitution is elective, and if there be a strong inclination in South Africa generally to adhere to that principle of organization, I certainly should not care to oppose it. And now as to the Assembly. In the original draft of the Bill I went into considerable and minute details, founded very much on the Canadian precedent; but I have thought it better to submit this part of the Bill at present in outline, and to leave the Constitution of the Assembly to be a matter of discussion between the local and the Imperial Governments. This is in a great measure due to that most difficult and all-disturbing cause, the Native question. Let me give an illustration. The Colony of the Cape has a very large number of Natives, and to them it accords the franchise. The Colony of Natal has proportionately a larger number of Natives, but from them it virtually withholds the franchise. But if representation under the Confederation is to be based on numbers, exclusive of the Natives, it is clear that the Cape would obtain an undue share of Parliamentary power, and the interests of Natal would be placed at a disadvantage. It is necessary, therefore, to look for another principle, which I think may with patience be found, but which it will be necessary to have fully discussed between the parties concerned. It is proposed that the Assembly should be quinquennial, and that there should, for obvious reasons, be a decennial re-adjustment of the franchise.
  I next come to the Provincial Governments. The Bill provides that each Province shall be presided over by a chief Executive officer, to be designated and appointed in such manner as the Queen may determine. If the union of these Colonies is desirable, it is equally desirable that we should not sweep away the life and individuality of the different Provinces. They have a very distinct and remarkable character of their own; they cherish their history, traditions, and customs; and from them I would desire to tear no portion of their past existence. There is nothing in this Bill which injuriously touches this important matter. The next few clauses are in themselves very important, as they refer to the distribution of legislative power.

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  They are in a great measure founded on the Canadian model, with such modifications as are necessary. The principle is that there shall be certain powers reserved exclusively for the Central Government, certain others reserved exclusively for the Provincial, and certain which are concurrent between the two. Whilst, however, is assigned to the Central Authority the consideration of Native questions, every law on such subjects will be reserved for the sanction of Her Majesty at home, and that control over Native affairs which must, under present circumstances, still be preserved to this country will be upheld. As for the remainder of these clauses, there is nothing in them to which I need call special attention. They contain provisions for consolidating revenue, for apportioning charges, for the abolition of all Customs duties between the Confederate States, so as to secure complete union in commercial matters, and, finally, for the admission of other States that might desire to enter the Union.
  I have now, my Lords, gone over the principal points in the Bill, and need say but little on the general question. The principle of Confederation is not a new one. It existed, indeed, in ancient times under many forms and combinations, but there has been a remarkable tendency towards it of late years; connected, as it would seem, with feelings of nationality and race. The drift of the political current has certainly been towards aggregation rather than separation. We have seen it in Italy, in Germany, and even, I think, in the United States. In some, indeed, of the Colonies there seemed at one time to be a fluctuation of feeling. A process of disintegration appeared to be setting in in the Australian Colonies and New Zealand. In Australia, however, there is no evidence to show that this was a true indication of public feeling, whilst, as regards New Zealand, we have lately seen a remarkable proof of the strong feeling towards aggregation. The separate Governments of that great and prosperous Colony have passed away, in order to make room for a stronger and, as it is supposed, a more economical Central Government. A distinguished writer, indeed, has lately denied the applicability of the principle of Confederation to Dependencies under
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  British rule; but with all deference to him his reasoning seems to me to be founded on mere hypothesis: nor can I see any reason why in the nature of things, and apart from those fugitive causes which do not belong to the fixed and unchanging principles of political life, the Dependencies of the British Crown should any more than any other States be incapable of Confederation. It is quite possible that Confederation is only one stage in the political journey of the Empire, and that it may even lead in the course of time to a still closer union. But, be this as it may, the reason why I now urge this measure for the adoption of Parliament is that such a principle of Confederation must add strength to these Colonies, give larger objects, a higher policy, a wider political life, and, as I earnestly hope, a better security for the right treatment of the Native races. And if so, all this means greater prosperity and peace—a closer consolidation of Imperial interests. The English Empire is, no doubt, vast, various, and disconnected: and yet when all allowance and deduction have been made it is, I am prepared to maintain, one of the most wonderful pieces of human administration the world has ever seen, both in what it does and what it does not do. Other countries have founded Colonial Empires. France, Spain, and Portugal have left their mark on the Colonial history of the world, and yet as Colonising Powers they have virtually ceased to exist; and, among other reasons, for this—that they were founded upon a close principle of restriction. We have adopted a different system; we have discarded restrictions; we have looked to freedom of government as our ultimate object, and we have been rewarded by an almost immeasurable freedom of growth. And I look upon this measure as one more step in that direction. I have not said—and I do not desire to say—anything which may revive the controversies which have arisen at the Cape on this subject. I, personally, am satisfied with the course of proceedings, and with the spirit in which my proposals have been met. The criticisms and comments upon them have not been other than fair and reasonable, and I consider that with this Bill closes, so to speak, the most important era of the modern history of South

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  Africa. If Parliament should pass the Bill, Confederation becomes possible in these Colonies, and it is for them to say whether they will accept it. My duty is then at an end; but I believe that they will accept it, for policy and interest alike dictate such a course. And then I have every confidence that under this Bill these communities, now scattered and isolated by conflicting interests, will at no distant day form a strong, peaceable, and loyal Confederation under the British Crown. I beg to move the second reading of the Bill.
  Moved, "That the Bill be now read 2a." —(The Earl of Carnarvon.)
  THE EARL OF KIMBERLEYsaid, he had heard with satisfaction the speech of his noble Friend—the Bill was one to which he could give his cordial support. It had been rightly said that public opinion in this country had veered round on the subject; for it was not so long ago—in 1854—that those who were most in the habit of attending to Colonial affairs were of opinion that the wisest course on the part of this country would be to abandon all claim to Sovereignty over these Dutch States; whereas now it was the general opinion that they should be united under the British Crown in one Federation. Much information had been received with respect to the Transvaal State, and no doubt the state of affairs there was most alarming; but while he hoped for a satisfactory issue, he thought it essential that Federation should be a purely voluntary act, and that no State should be brought in except after the fullest consideration. The position of the Dutch States of South Africa was one which very intimately concerned the whole British Colonies in South Africa, because, if their population was still principally Dutch, every year the number of English settlers increased; so that no one with any knowledge of Colonial affairs could fail to recognize that it was absolutely essential that these settlements should be united to the other English Colonies in South Africa, and he trusted his noble Friend would be successful in bringing about that result. The question of Con federation was started some time ago by a Commission which inquired into the subject of imparting responsible government to the Cape Colony. Sir
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  Henry Barkly brought forward the whole matter in a despatch, suggesting that the Commission should take a wider scope, and asking for Instructions from Her Majesty's Government. The Instructions he (the Earl of Kimberley) gave at the time were to the effect that he was at liberty to summon delegates from all the States and Colonies to consult upon that question. He thought his noble Friend had acted wisely in proceeding by way of a permissive measure. The matter was urgent—otherwise we might have waited until the question had been fully discussed in Parliament; but, unfortunately, the affairs of those Colonies were in a most critical state. The Natives, indeed, were quiet, except in the Transvaal State; but the whole condition of the Colonies required prompt and vigorous treatment, and it was wise that the opinion of Parliament on the subject should be promptly shown. There were several points to be noticed in the Bill itself. The question of a second Legislative Chamber was a very considerable one, and, as his noble Friend had said, they had to decide between an elective Council, as in Victoria, or a nominative Council, as in the other Australian Colonies and in Canada. It was only natural that the colonists should prefer the kind of Council to which they were accustomed; and, perhaps, in some respects the American Senate might be imitated. Another and a greater question was that of the suffrage. It was quite obvious that the suffrage could not be general on account of the character of the Natives. There were about 300,000 Natives in Natal—and these were rapidly increasing — and not 20,000 Whites. The Natives were peaceable enough, but quite uneducated; and as soon as any impression was made on them fresh barbarians came from the interior, because, as they said—"the Government does not oppress the people." There was, therefore, great force in the objection raised against the franchise being given to them. On the other hand, though these were reasons why the suffrage should not be indiscriminately extended to the Natives, it would be most unwise that they should be entirely debarred from it. Many of them were quite sufficiently advanced in civilization, and their progress should not be discouraged. A great many plans had been suggested for the solution of

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  the question. He thought, however, that his noble Friend had taken a wise course, and that if, on the one hand, it was very desirable not to render the Whites discontented, it was also to be hoped that the entire population should have, as far as possible, a full share in the Government. The principle of Confederation was based on sound principles, and was likely to tend to the progress of our Colonies by giving them a wider field of action and of bringing them into closer connection with one another. There was nothing in it which could weaken the Empire, because whatever strengthened the Colonies must likewise strengthen the Empire.
  EARL GREYsaid, that though he had no wish to offer any opposition to it he could not allow this Bill to pass without calling their Lordships' serious attention to the dangerous condition of South Africa. In the opening part of his speech his noble Friend (the Earl of Carnarvon) had described very forcibly the extent of the danger arising from the immense population of barbarous tribes inhabiting British territory and a very large extent of country beyond it, but in close relations with it. These tribes were not entirely without a certain degree of civilization, were gradually acquiring wealth, and now extensively armed. That was a danger of a most serious kind; and he agreed with his noble Friend in thinking that in that state of things it was very necessary for the safety of the White population that some single authority should be created capable of ensuring concert among the several distinct communities of European race in that part of Africa, in the adoption of a consistent policy towards the coloured races. That he understood to be the main object of his noble Friend's Bill, and it was one of which he entirely approved, but he feared the proposed scheme would break down in practice, because the new central authority it proposed to create was to be formed on the principle of what was called responsible government." The state of things in the South African Colonies was utterly unfitted for any such scheme. His noble Friend had said most truly that in dealing with savages the great thing was to be firm, consistent, and just. But we could not hope to have a consistent and a firm government with a constitution under which changes of administrations were
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  likely to occur every six or twelve months. Everybody was aware that in Australia changes of government had succeeded one another with almost ludicrous rapidity; and although in that country, where very little government was wanted, this had practically not been so great an evil as might have been expected; yet it had certainly led to many blunders in legislation and to extraordinary mismanagement in many of the details of government. But in Australia the Government had no large Native population to deal with, the Colonies possessed such extraordinary elements of wealth in themselves, that there was little need for interference on the part of the Government. Hence the evil resulting from weak and ephemeral administrations in Australia had been comparatively slightly felt. In South Africa, however, the case would be totally different. There we had most urgent need for a firm and regular system of government; but just when one man was conducting the government on what he deemed to be a wise and proper scheme, he might find himself transferred to the other side of the House, and a total change of policy would be inaugurated. Nor was this all. There likewise existed the enormous difficulty of dealing with the question of the franchise. The White inhabitants would not willingly consent to give the franchise to the Natives who so largely out-numbered the more civilized race, and were totally unfit to exercise the overwhelming power which would be put into their hands by the possession of the franchise under the proposed constitution. It would obviously be most unsafe to entrust political power to a population only just emerging out of barbarism. On the other hand, all experience proved that while representative and responsible government might work well when all were represented, no tyranny was so grievous as that of an Assembly which represented, not the whole of the population, but only a minority. In proof of this assertion he need only refer to the Orange Parliament of Ireland. In South Africa we were placed in this unhappy position—that if we there established representative government with responsible Ministers, we should be compelled either to give power to savages who were utterly unfit to use it; or else we

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  must give power exclusively to one class of the population who might use it to the prejudice of the other. He was persuaded that when there happened to be living together a small civilized minority and a large uncivilized majority, the only safe system of government was one in which the impartial authority exercised by the Representative of the Crown under the superintendence of the British Government at home was so strong as to enforce the adoption of a system of fairness and equality to both. This belief was completely confirmed by our experience in New Zealand. In that Colony there was indeed a system of representation, but it did not, in the first instance, interfere materially with the authority of the Crown. While this was the case, and while the Government was impartially conducted by the Servants of the Crown, the Maories were gradually advancing in civilization and becoming amalgamated with the White settlers; but when this policy was changed, and what was called responsible government was set up, by which executive authority was virtually transferred to the representatives of the Colonists, the Maories soon found that they were exposed to injustice; they found that in various ways the interests were neglected, and that the fair treatment they had been accustomed to was no longer extended to them. Therefore they became naturally, and, he must say, justly discontented. Under that hunger for land which his noble Friend had described as being one of the most dangerous passions in these countries, the settlers adopted measures which everybody calmly looking back must now pronounce to have been unjust to the Maories, and which led to the first outbreak of the war. That war, of course, ended in the complete subjugation and almost the annihilation of the Maori race, which had now become a comparatively insignificant element in the population of New Zealand. In spite of this experience, however, successive Administrations formed by both the great Parties had concurred in forcing on the unwilling Cape Colonists a system of responsible government which he felt persuaded would yet bear fatal fruits. This unfortunate step, against which he had raised his voice at the time, might perhaps have made it impossible for his noble Friend to proceed on any other
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  principle than that which he had adopted, in trying to create a new central authority for the Government of South Africa. Still, he believed that by adopting this principle, we were sowing the seed of future evil, and he was persuaded that no one who really examined the actual state of things in South Africa could doubt that, in all probability, although this scheme might for the moment stave off the danger, yet, sooner or later, we should see in that country a fearful war of race of which it was impossible to guess what would be the result.
  VISCOUNT CARDWELLsaid, his noble Friend the Secretary for the Colonies had told their Lordships that the Government had no option but to proceed with the Bill; and he (Viscount Cardwell) agreed that this was so. It was quite evident that the Confederation of these Colonies must take place, and what evidence was there that this was not a most convenient time to bring it about? He should not have said anything except for the observations of the noble Earl who had just spoken (Earl Grey), which he thought ought not to pass without an answer, and he desired to point out that since responsible government had been introduced at the Cape the Native population had gone on increasing in prosperity and advancing in civilization. The noble Earl spoke of changes of administration every 12 months; but, unless he was much mistaken, the same administration which was in office, when responsible government was introduced at the Cape in 1872, was in office still, and continued to retain its hold upon the confidence of the Colony. Now, it was unnecessary to observe that this was by no means a short tenure of office even in this country; and, without saying anything of evil augury respecting noble Lords on the opposite bench, he had known administrations here which neither expected, nor perhaps even wished, to hold office at one time for more than five years. There was, indeed, the strongest evidence to show that the experiment had been in every way successful. In the case of New Zealand, also—which was no doubt a very peculiar one—since that Colony had been admitted to responsible government and permitted to manage their own affairs, peace had been more uniformly preserved than under the old system, and the Colony had continually

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  advanced in prosperity. He quite concurred, he might add, with his noble Friend opposite, that the circumstances with which he had to deal in the present instance were very different from those of the Canadian Confederation, and required a different mode of legislation. He need only say further that he cordially concurred in the second reading of the Bill.
  Motion agreed to; and Bill read 2a accordingly.

ELEMENTARY EDUCATION PROVISIONAL ORDER CONFIRMATION (LONDON) BILL [H.L.]
A Bill to confirm a Provisional Order made by the Education Department under "The Elementary Education Act, 1870," to enable the School Board for London to put in force "The Lands Clauses Consolidation Act, 1845," and the Acts amending the same—Was presented by The LORD PRESIDENT; read la, and referred to the Examiners. (No. 48.)
House adjourned at Seven o'clock, till To-morrow, half-ast Ten o'clock.