§ House in Committee (according to Order).
§ Clauses 1 to 12, inclusive, agreed to, with verbal Amendments.
§ Clause 13 (Power to Her Majesty to authorize Governor General to appoint deputies.)
THE EARL OF BELMOREasked his noble Friend (the Earl of Carnarvon) to explain under what sort of circumstances the power which was proposed to be given by the clause to the Governor General to appoint a deputy—he himself being present within the limits of the confederation—would be exercised?
THE EARL OF CARNARVONsaid, that the Governor General might be absent in a distant part of the confederation, in the fulfilment of his duties as High Commissioner, and it might be convenient to leave some one with powers to administer the Government at head-quarters. This had already 480 been done during Sir Henry Barkly's administration.
§ Clause agreed to.
§ Clauses 14 to 50, inclusive, agreed to.
§ Clause 51 (Creation of Consolidated Revenue Fund.)
THE EARL OF BELMOREsaid, that this clause provided for the raising of the general revenue and its appropriation. He should have expected to find here a provision for its issue under the warrant of the Governor General. There, however, was no such provision in the Bill, and he thought it might either have been accidentally omitted, or it might be provided for in some other way of which he was not aware. He thought he was right in calling his noble Friend's attention to the matter which was one of some importance, and one which had led to a correspondence, when he himself was a Colonial Governor, between the noble Earl the Leader of the Party opposite (Earl Granville) and himself.
THE EARL OF CARNARVONwas afraid he could not on the moment give a satisfactory answer. He would look into the matter, and if there was anything to state, state it on Report.
§ Clause agreed to.
§ Clauses 52 to 66, inclusive, agreed to.
§ Clause 67 (Laws respecting Natives to be reserved.)
§ LORD CARLINGFORDsaid, that the object of this measure, no doubt, was the establishment of representative and responsible government in South Africa, and he could but hope that in granting constitutional powers to a society in such a peculiar condition, the scheme would not prove unworkable. All parties would unquestionably desire to treat the rising State with every indulgence; but the colonists must be made to understand that with the grant of representative Government, their own Executive and Legislature would be held responsible for the good government of the Natives and the safety of the frontier. He did not object to the policy of the clause; but it must be clearly understood that constitutional Government carried with it its responsibilities.
THE EARL OF CARNARVONsaid, his noble Friend had touched a most 481 important and difficult question. No doubt, the difficulty of carrying out the principle laid down by the noble Lord in Colonies where there was a large Native population was very great, and in South Africa particularly so. It was for this reason that all laws relating to the Natives or to Native affairs were to be reserved by the Governor General for the signification of Her Majesty's pleasure. Therefore, Her Majesty's Government took upon themselves the responsibility to the Imperial Parliament for any legislation of the Colonial Legislature which might affect the Natives. He confessed he had great anxiety with respect to this measure: but, taking into account the peculiar difficulties attending these Colonies, he was satisfied that the scheme of the Government was the best that could be devised.
§ VISCOUNT CARDWELLpointed out that the Bill threw the primary responsibility of legislation as affected the Natives on the Colonial Government, and that the responsibility of the Home Government was restricted to the power of veto in such cases as were reserved by the Governor General.
THE EARL OF KIMBERLEYsaid, the clause reserved to the Home Government a controlling power over Colonial legislation in respect of the Native population. The Colonial Government had hitherto shown great prudence in regard to the disturbance, which had broken out on the frontier, and this afforded evidence that they might be trusted with larger powers. Moreover, it was much safer to entrust such powers to a confederated Legislature than to a small Legislative Council. In the former there was a wider public opinion, and consequently a larger policy; and this was the best safeguard against abuse.
§ Clause agreed to.
§ Further Amendments made; the Report thereof to be received on Tuesday next; and Bill to be printed, as amended. (No. 67.)