The Sun.
London, England, 1852-01-07 00:00:00

of persons assessed under the road ordinance, or by tho
municipalities, serve the purposes of a registor. If you
should find this to be practicable, you will either amend
the draft ordinance accordingly, or you will transmit to
me you suggestions as to the best mode of doing so, with
a view to the introduction of the amendments by her
Majesty in Council.

fo. Having thus explained to you the views of her
Majesty's Government on the two most important parts
of the draft ordnance, I will now proceed to review its
clauses in their order, making such observations as
seem to be necessary for a clear comprehension of its
provisions.

11. In section 2, the presidency of the Chief Justice
over the Legislative Council is retained, agreeably to the
provisions of the letters patent. He will also be enabled
to take part in the debates of that body, as in this coun-
try the Lord Chancellor is not debarred from speaking
in the House of Lords by his presiding over the delibe-
rations of that House of Parliament. The quorum of
three for the Legislative Council, i❑ section 3, is adopted
also in analogy with the practice of the House of Lords;
and because experience, proves that much inconvenience
results in practice from requiring, for the formal trans-
action of business, the presence of a large proportion of
the members of a deliberative assembly.
12. Section 4 is to filled up by defining the western and
eastern divisions of the colony, unless those terms have
already a definite legal meaning.
18. In section 6 the term of the duration of the House
of Assembly is fixed at five years. The efficiency of a
representative body depends, in my opinion, in a great
degree on its being elected for such a term as to enable
the members to acquire some experience, and to devote
themselves to the discharge of its duties with constant
reference to an impending election. So short a period
as that of three years for the duration of a representa-
tive assembly is, I believe, unprecedented in British co-
lonial legislation.
14. In section 6 the quorum of the House of Assembly
is reduced to seven, as a number more likely to be prac-
ticably serviceable than fourteen.
15. In section 7 it is proposed that Cape Town, in-
stead of returning four members, as in the draft order
in council, should be divided into two electoral districts,
a provision which will, in the judgment of her Majesty's
Government, be more likely to secure a fair representa-
tion of various interests than the election of four mem-
bers by an undivided constituency, unless in the latter
case some arrangement analogous to that provided for
the election of members of the Legislative Council were
introduced. The boundaries of the two divisions must
be defined in the ordinance. . .

16. The clauses relating to the qualification and regis-
tration of voters, from section 8 to section 37, are adopted
substantially, as I have already stated, from Mr. Porter's
draft order in council. Apart from the general objec-
tions to them, which I have so fully entered into above,
there are some of their details which, if they are to be
retained, would appear to require consideration.
17. The double set of provisions for the registration
of voters in the two boroughs of Cape Town and Gra-
ham's Town, and for the registration of voters in all the
other electoral districts, appears cumbrous, considering
the small number of boroughs for which this exclusive
provision is made. Mr. Porter has, no doubt, followed
the English system; but it might be practicable to sim-
plify it for adaptation to the wants of the Assembly and
constituency so far less numerous.
18. The clauses from 33 to 37 inclusive, respecting

the mode of dealing with objections to voters in other
districts than Cape Town and Graham's Town, seem also
somewhat inconveniently inserted among other clauses
concerning the manner of taking the poll.
191 Section 14 provides for the making of claims and
objections in writing, but does not follow the English
precedent in giving any forms for such claims and ob-

j ections.
20. These are points which I wish to bring to your
notice and that of the Legislative Council, but without
requiring their amendment, if your advisers, who have
taken so much pains in framing these provisions, see
substantial reasons to the contrary.
21. I have no observations, in addition to those I have
already made, to offer on the sections regarding the
manner of taking votes at elections for the Legislative
Council and House of Assembly respectively; except
that in section 39 the provision that the poll shall last
from sunrise to sunset appears likely to lead to disputes.
lam not aware of any reason for departing from the
precedent of the English Reform Act, which limits the
duration of the poll by hours.
22. In sections 65 and 66, provision is made for peti-
tions against members of the Council for want of qualifi-
cation; but no provision is made for petitions against
members of the Council or Assembly on other grounds.
As there may have been some reason, of which lam
not aware, for this omission in the draft order in Council,
from which these provisions aro taken, I think it suffi-
cient to call your attention to it. IV may, probably,
have been thought that other petitions would be better
provided for by separate enactment of the Legislature.
23. In section 71, I have caused provision to be made
for the case of a vacancy occurring when either House
is not sitting. This arrangement is founded upon the
English statute 24 George 111., cap. 26, to obviate the
inconvenience which has sometimes been experienced
from allowing a long interval to take place between the
occurrence of a vacancy and the election to supply it.
24. In section 72, power is given to the Governor to
dissolve the Assembly without the Council, following
the distinct directions of the letters patent.
25. In section 77, provision is made for certain officers
of the Government having seats without votes. This is
in accordance with the recommendation of the Com-
mittee of Privy Council, to which this subject was
referred. And after having given full weight to the
objections to it urged by the Board of Commissioners,
her Majesty's Government continue of opinion that a
plan which, although not in accordance with English
usage, has been successfully adopted in the representa-
tive institutions of other countries, is likely to be of
advantage to the public service in the Parliament of the
With regard to the powers of the Legislature thus
cCoani6set:ituted, I am of opinion that as these powers to make
laws for the government of the colony are derived di-
rectly from the letters patent, they could not be con-
sistently restricted by any words in the ordinance, either
reqairing the concurrence of a given proportion of the
Legislature, in order to make alterations in the provisions
of the ordinance itself, or requiring
acts making such changes until the Queen's pleasure
could be taken upon them. the reservation of
27. But though no restriction can be imposed by an
ordinance passed, by the present Legislative Council, on
the powers to be exercised by the Parliament which is to
succeed it, I have to convoy to you her Majesty's com-
mands not to give your assent, but to reserve for the sig-
nification of her Majesty's pleasure (unless you should
consider them so objectionable as to require to be at once
rejected) any bills which may be tendered to you for the
purpose of making alterations in the constitution of the
colony. This will, of course, not apply in cases in which
you shall have previously been instructed to assent to
bills of this description.
28. With regard to the other ordinances for regulating
in certain respects the appropriation of the revenues of
the colony, I have had fully under my consideration
the objections taken by the Board of Commissioners to
the reservation of what is commonly called the civil list,
and it has appeared to me that restrictions on the power
of Parliament to deal with any portion of the revenues
of the colony would be inconsistent (for reasons already
noticed) with the principle of the letters patent.
29. On the other hand, I think that those public ser-
vices which more particularly require a fixed appropria-
tion, ought (for reasons given by the Committee of her
Majesty's Privy Council) to be fully provided for, leav-
ing, however, unimpaired to the Parliament its power to
alter that provision by Acts passed in the usual mode
with her Majesty's assent.
30. It will be necessary, therefore, that the schedules
of the ordinance (which are in the same form as those
contained in the Acts for the government of New
South Wales) should be drawn up by yourself with
the advice of the Legislative Council, altering the
particular heads, if you deem it advisable, as they
are specified by way of indication only. The
sums to be inserted should not exceed those actually
required on the present scale for the specified services in
schedule A, and for " public worship," or what may be
reasonably expected to suffice for pensions, and for the
maintenance of the relations of her Majesty's Govern-
ment with the border tribes. In making an appropriation
for the latter object, you will not fail to bear in mind
that considerable amount is, in fact, contributed to the
colonial revenue by the tribes inhabiting a wide extent
of territory beyond the colonial boundary, by their con-
sumption of goods which have paid duty on their impor-
tation into the colony. You will, therefore, take care
that in this schedule such appropriations are made for
the service both of British Kafraria and of the Orange
River sovereigns, as may fairly be assigned to them on
this ground.
31. The maintenance of the existing interests of public
officers, a matter of which I do not think the Board of
Commissioners have in the slightest exaggerated the
importance, will in those arrangementshe
Legislature,
gei amplyisl ait
interest,
e, se-
cured,sttot their
which
the
Crownnothing
mustbut
b oaanp
For a fuller explanation of my views on this subject,
refer you to the 20th and 21st paragraphs of
I have to
of the 10th December, 1850.
my dispatch,
of hordinance will require no
2 The remainder t o
3 .
particular observation from me. Schedule E will contain
aartcyt, coafn 100
an accurate enumeration of the several appropriations of
which have taken place since the Legis-
lative Council ceased to meet, and for which the sanction
public money,
of the Legislature is now required.
33. In conclusion, I wish to observe that the marginal
notes to these ordinances have merely been inserted for
the immediate purpose of assisting the reader, and will
require revision before they are returned for the conside-
ration_
of the Privy Council.
34. When the ordinances have been passed by the
Legislative Council, you will transmit them tothmtatew,eivwlieirbtyhe
such further observations as you may think requisite,
when it will be the duty of her Majesty's servants
carefully to consider what amendments it may be expe-
dient to make in them when they are submitted to the
Queen in Council,
manaintfydo
sroaf thett doinge pn ut
iropsnooi:ehe oxo fuebel
depitntghbeyja
the finally
beauthority
brought
enacted;
and as there will then bo ample opportunity of making
apothnofeiytahtwhich
alterations
last
noewpp Parliament,odr
demands
which
isbheignehclyessiamrpyo,
important
te it
fully before me.
I have the honour to be, Sir,
Your most obedient humble servant,
(Signed) GREY.

THE CONSTITUTION.
The subjoined abstract from the constitutional
ordinances comprises all the more important provi-
sions of the new Cape constitution
THE PARLIAHENT.—The Parliument of the Cape of
Good Hope shall consist of the Governor, Legislative
Council, and a House of Assembly.
THE LEGISLATIVE COUNCIL.—The Legislative Counc
ehall consist of the chief justice, se president, and of