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

GENERAL ORDERS.

Head-Quarters, King William's Town, Nov. 13,1851.
1. The Commander-in-Chief has this day received the
report from Major-Genera Somerset that the gallant
and enterprising Lieut.-Colonel Fordyce, 74th High-
landers, has fallen in action with the enemy, on the Bth
instant. His loss to her Majesty's service is a severe
one, and his Exeellency conceives he cannot express his
regret in terms more applicable than in the division order
of Major-General Somerset, which is herewith pub-
lished. Gallantly thus falling in the service of his
Queen and country will perpetuate the memory ,of
Lieut.-Colonel Fordyce.
The service has also to regret the loss of Lieutenant
Carey, 74th Highlanders—a rising and promising officer.

Head-Quarters, King William's Town, Nor. 7,1351.
1. Mr. C. L. Nightingale is appointed lieutenant in
the Levies, vice Guiney, killed in action.
A. J. CLOETE, Lieut.-Col., Dep. Quartermaster-Gen.

GENERAL SOMERSET'S DIVISION.
(From the Frontier Times, Nov. 25.)
CAMP, BLINILWATER, Nov. 19,1851.—The sad gloom
thrown over everything here by the death of the much
lamented Fordyce appears but slowly to pass away—in-
deed, the general feeling seems to be," who will be next?"
Many openly declare they will go there no more to be
butchered like cattle. It is a fearful sacrifice of human
life to send men as brave as ever shouldered a firelock to
such a place, with an enemy to contend against; courage
here is of no avail, discipline and steadiness under fire
only render the men better targets for the lurking sa-
vages. However, it is generally reported that we are
to make a forward movement to the Kei, when we hope
to have open work of it, and get a little good meat,
which is quite out of the question at this place.
The Kafirs are daily stealing cattle from here and Fort
Beaufort, and generally succeed in getting off with them.
Yesterday they stole about fifty or sixty of the Com-
missariat oxen; but by timely notice and the activity of
a party of dismounted C. M. Rides and Port Elisabeth
Fingoes the greater part were retaken, and three of the
enemy shot—one sergeant was wounded on our side.
It is evident from the night fires that the enemy is very
numerous still in Fuller's Hoek and Waterkloof, and
indeed in the whole of these parts. Their being here
is a tax on the neighbourhood, for as they have no cattle
now they live upon us.
Since the above was received, we hare intelligence
from the camp to the 24th instant, from which it appears
that a waggon with supplies, belonging to Captain
Bruce, 74th, and guarded by a detachment of that regi-
ment, under Lieutenant King, was attacked by the
enemy and pillaged on Saturday, and the oxen stolen.
The party were proceeding up the Blinkwater Hill
towards Post Retief. The empty waggon was recovered
the following morning. The enemy are now known to
be as numerous in the Waterkloof as ever.
A correspondent at Fort Beaufort writes:—"
.Novem-
ber 15.—Information has just been brought in from
the Major-General's camp, that the Kafirs out a span
of oxen loose from one of the waggons in the General's
camp last night; two Kafirs were also shot near Beau-
fort by a party of Fingoes, who were out patrolling;
the gun of one of the Kafirs who was shot was brought
in, and the other Kafir, with a double-barrel gun, fell
into the river as he was shot. A party of Fingoes has
just started to search for the gun in the river. The
above span of oxen which was taken from the Gene-
ral's camp, was actually taken out of his own baggage
waggon.
"18th.—Information has just been brought again of the
Kafirs taking eight spans of oxen at Blinkwater camp,
from the herds; the enemy were soon overtaken, and
the oxen recovered, with the exception of eighteen, which
the Kafirs got safe off with; four Fingoes were wounded,
one of whom has since died of his wound. The oxen
taken were thirteen of Mr. Prior, and five of Mr. Yellen-
tine. Last night the Kafirs crept up close to the centries,
and fired at them, but did not hurt any.
"Nov. 19.—Messrs. Knott have been robbed of all
their sheep and horses, and it is expected that all the
cattle will be swept away next. It was well known that
failure in getting the enemy out of Waterkloof would
lead them to do more mischief. There is scarcely a day
passes without the enemy getting cattle from General
Somerset's camp; they stole a span the other night, not
ten yards from the General's tent. If he remain here
much longer, you may perhaps hear of his being walked
off with."

The freight-ship Sir R. Seppings arrived on the
18th from the Mauritius with Captain Fenwick,
Lieutenant Siborn, and 109 men, women, and
children of the Sappers and Miners ; also Lieutenant
Robertson, and 35 of the 2d battalion of the 12th
Regiment.
Leaves of absence have been granted to Lieutenant..
Colonel Cole, commanding Royal Engineers, Lieut.-
Col. Cooper, 45th Light Foot, and Dr. Dick, 2d bat-
talion of the 12th Regiment.
Commissary-General Maclean has arrived, and
assumed charge of his department; also Deputy-
Commissary-General Tably. Deputy-Commissary
General Green will return to the frontier. Lieut.
Greville, of the 6th Rifles, has been appointed Aide-
de-Camp to the Commander-in. Chief.
The before-mentioned appointments on the staff of
the army have taken place.
Lieutenant-Colonel Cloete, C.8.K., is to be Quarter-
master-General of the Royal and Burgher forces,
with the rank and pay of colonel on the staff.
Lieutenant• Colonel Sutton, C.M.R., to be Assistant-
Adjutant-General.
Brigade-Major Robinson, 2d Royals, to be
Quartermaster-General, and attached to head-quar-
ters. Captain Haines, 73d Regiment, now doing
duty as Major of Brigade during Major Bussuck's
absence, to be Deputy-Assistant Quartermaster-
General, and attached to 2d division.

Lieutenant Whitmore, C.M.R., to act as Major of
Brigade, rice Farmer.
The mails by the Harbinger are in charge of Cern.
mender Robertson.

Arrived at Sierra Leone, while there on the 16th
of December, her Majesty's steamer Firefly and the
screw steamer Gambia.

The Gambia brought news of a disturbance on the
coast, in which she lost two officers and seven or
eight hands. A descent has been made on the State
favourable to the suppression of slavery, and she had
been called on for assistance.

The West India mailboat Severn arrived on the
22d of November at St. Vincent.
The Harbinger spoke the barque Sterashall, in lat.
36 N., long. 20 W., standing to the westward.
The Harbinger experienced on the first part of
her passage home light south-easterly trade winds
and fine weather throughout, latterly strong north-
easterly trade winds, and a continuance of north-
easterly gales until within a day's sail of the Lizard.
During the last twenty-four hours of her passage her
speed has averaged 12} knots, and at times over 13,
with a pressure of 61b. only.
Her Majesty's ship Sty; Commander Hall, has
been actively engaged in the transport of troops,
horses, and munitions of war, between this and East
London, for which port she sailed with the dispatches
brought by the Harbinger (mail steamer) on the
27th. She has made some splendid trips, and was
well selected to be the Hermes' successor. The
Rhadamanthus has also been engaged in the same
service. Her Majesty's brig Dart, Lieutenant
Hoskins, left on the 7th ult. for Quillensane. On
the 7th the Marines of her Majesty's ship Castor,
who have been serving in the field, are ordered to
join their ship on the arrival of the 43d Light In-
fantry battalion in the Vulcan. Her Majesty's brig
Grecian arrived on the 25th ult. from Rio for this
station.

Her Alsjesty's ships of war now in Simons Bay,
are the Castor, Grecian, Rhadainanthus, and Seringa•
patam coal depot.

THE NEW CONSTITUTION FOR THE
CAPE OF GOOD HOPE.

The ordinances, embodying the new Constitution
for the Cape of Good Hope, together with a dispatch
from Earl Grey, were presented on the 21st November
to the Legislative Council of that :colony. We give
below an abstract of the ordinances which contains all
the important provisions. We publish the dispatch
of Earl Grey in full. The general sentiment with
regard to the Constitution bestowed upon the colony
appears to be one of satisfaction. At a public meet-
ing held at the Town-hall, Cape Town, on the 2d
December, a series of resolutions were unanimously
adopted accepting the offered Constitution, and pray-
ing that it way be sanctioned by her Majesty's Go-
vernment without any material alteration and without
further delay..
The following petitions were also unanimously
adopted :
PETITION OF THE INHABITANTS OF CAPE TOWN.
To the Queen's Moat Excellent Majesty.
The loyal Address and humble Petition of the under-
signed Inhabitants of the Municipalities of Cape
Town and Green Point.
, Humbly showeth—That your Majesty's faithful and
loyal subjects gratefully acknowledge the boon which
your
Majesty has been graciously pleased to confer in
the liberal form of government embodied in the letters
patent and two draft ordinances, constituting a Perlis-
That your petitioners willingly
ent for this colon published in the Cape of Good
las are not absolute) Hope Government Gazettey,
of the 27th day of Novem-
ber, 1851.
. of the future Parliament,such matters of de-
defer, for the consi-
derationtit!the said ordi-
tions on this subject tooynou
nancesi into ienmediatey re wired to bring, • ,
erati ,
other points in the subordinate arrangements, contained
in the said drafts
and sincerely accept
drafts, asarenot tro3geatineetiryWitu such
with the peti-
tions presentedin accordanice.
t last Pear
the
public, as well adapted to meet the wants and wishes of
the colonists. scheme now proposed. toY the

And as the present Legislative Council of this settle-
ment, to which these most important ordinances have
been submitted for consideration, in no sense represents
or enjoys the confidence of the inhabitants, your peti-
tioners humbly but most earnestly pray that your Ma-
jesty may
be graciously pleased to Withhold your con-
sent from any alterations introduced by that body which
shall be found inconsistent with the principles and pro-

visions of the said draft, and that the whole, as nearly
as possible as it now stands, may receive your Majesty's
saction, and be put in force without further reference or
delay, so as to restore peace, harmony, and confidence
throughout this portion of your Majesty's dominions, and
to promote its future welfare and happiness.
And your Majesty's humble petitioners, as in duty
bound, will ever pray, Sze.

PETITION OF THE CAPE TOWN MUNICIPALITY.
To her Most Gracious Majesty the Queen.
The humble Address and Petition of the Commissioners
for the Municipality of the City of Cape Town, Cape
of Good Hope.
Showeth,—That your petitioners have read with sin-
cere satisfaction the draft ordinances, published in the
Governnsext Gazette, for constituting a Parliament for
this colony.
That iyour petitioners gratefully acknowledge the
boon conferred upon the colonists, in the liberal form of
government embodied in those ordinances, and thank-
fully accept the same as the means, ander the blessings
of Divine Providence, of restoring tranquillity through-
out this unfortunate dependency, besides being of lasting
benefit to the inhabitants at large, and your petitioners
wit
thout please your Majesty to pass
any delay, and without any
the leading principles thereof.
ttmhh
see Art
esenraf
dioi
adr
leyosoprl
udtr
e:mryaa,petitioners, in
as in duty bound, will ever
pray, Sac.
Town House, city of Cape Town.
Pe, Ist day of Dec., 1851.
Cape of GoodLl

DISPATCH FROM EARL GREY.
Downing•street, Sept. 15, 1851.
Governor Lieutenant-General Sir H. G. Smith, Bart.,

&o. &c.
Sir,—ln conformity with the intention expressed in
my dispatch of the 13th August, I now transmit to you
two drafts of ordinances to be passed by the Legislative
Council of the Cape of Good Hope, for the purpose of
bringing into operation her Majesty's letters patent on
the 23d of May, 1850. The object of the first of these
draft ordinances is to determine, as required by the
letters patent, the mode of constituting. the Legislative
Council and House of Assembly, which, with the Go-
vernor, are to be the future Parliament of the Cape of
Good Hope ; the purpose of the second ordinance is, to
create certain permanent charges on the revenue, and to
sanction certain expenditure already incurred.
2. As you have been already apprised, I have not
thought it necessary or advisable to recommend to her
Majesty any departure from the method of proceeding
prescribed by the Order in Council of January, 1850,
order. It appeared to me that, independently of any
constitutional question which may be raised as to the
power yotfhethleet(sown to vary the terms on which a Con-
stitution had already been granted to the colony, no suf-
ficient reason had been shown for departing from a
course deliberately
taken on the best consideration
which her Majesty's servants could give to the subject;
especially when the power of amending the ordinances
by Order in Council, reserved by the letters patent, is
so extensive that there will be full power to consider
and adopt, in the last stage, any changes in the ordinances
passed by the Legislative Council which may be deemed
expedient. I have to add that a further proof of the ex-
pediency of this course is afforded by the fact, that even
with the full information you have furnished, it has
been found impracticable, in
preparing the draft now
submitted to you, to avoid leaving some blanks to be
filled up, and some doubtful points to be determined on
the spot, by yourself and your Council, who possess more
minute local knowledge than can be commanded in this
country.

3. In framing the first of these ordinances I have, as
you will perceive, made great use of the provisions of
the draft order in council, transmitted with your dispatch,
No. 12,
of
January 21,1851. They have, in fact, been
in great measure transferred into the draft ordinance,
with such alterations as were rendered necessary by the
difference between the constitution of the Legislative
Council proposed by Mr. Porter and that to which her
Majesty's Government have on consideration determined
to adhere, as the best calculated to secure a fair repre-
sentation of the interests of different classes and diffe-
rent districts, and to create a body which shall possess a
character of its own, duly independent of the House
of Assembly.
With this view her Majesty's Govern-
ment have adopted the suggestion of the Attorney-Ge-
neral in his very able minute of the 15th of January
last, that the Legislative Council should be composed of
fifteen members, to be elected by the same body of
electors as the ; eight for the western and seven
for the eastern district of the colony—leaving the divisions
by yourself and the council. But in providing that the Le-
gislative Council should be thus elected, it has been
considered advisable, for the reasons explained in the
twenty-fifth paragraph of the report of the Committee
of Privy Council on this subject, that the votes should
be taken in such a manner as to guard, as far as possi-
ble, against the exclusion of the minority of the electors
in either district of the colony from their fair share of
influence in that branch of the Legislature. Accordingly,
you will find that the clauses of the draft ordinance upon
this point have been So framed as to answer this object,
and with the view of more perfectly insuring it, regula-
tions having a similar tendency have been introduced as
to the nomination of candidates. You will also observe
that the mode of voting for the members of the Legisla-
etixveeruCisoeunoefitlbo privilege persons who, though they mayis further calculated to exclude from the
have the requisite property qualification, have not had
the advantage of even so much education as to enable
them to write. This has appeared to be a proper and
useful limitation of the right of voting, and will, I hope,
have, likewise the effect of creating a greater desire
amongst the inhabitants of the colony for the advantages
of education.
4. In adopting the clauses relating to the registration
of voters proposed by the Attorney-General, her Ma-
jesty's Government have been influenced by their con-
viction that if a franchise is to be created which renders
a system of registration necessary, the safest course that
could be followed was to rely entirely on Mr. Porter's
judgment and local knowledge,
adhering in this part of
the draft ordinance to his recommendations, instead of
attempting to introduce improvements of detail, without
the means of ascertaining what local reasons may exist
for some of the provisions which appear susceptible of
amendment. I shall, however, in reviewing in order the
clauses of the draft ordinances, point out the changes
which, unless there are local reasons against them,
would appear to be advisable in the scheme of registra-
tion
ae
instancep rritga callt innallydevised by him. But I must in the
first your attention to the preliminary and
very im
question, whether it may not be possible,
by
with any different franchise, to dispense altogether
b. It is impossible to consider the clauses relating to
registration which have been proposed by the Attorney-
General, without being struck by the extremely cum-
wegtinregglistration of votes,
cum-
brous and complicated nature of the machinery by which
this is to be effected. If the object, however, is to be
attained at all, I do not believe that this machinery is
capable of being simplified or materially improved; if 1
there is to be a register of electors, it seems impossible
to avoid calling on those entitled to vote to put in their
claims, giving to those who wish to dispute these claims
an opportunity
to decide upon all claims and ob-
jections, and to settle the list, taking care at the same
time that due publicity is given to the various proceed-
ppauortbtuonriittyy of stating their objections, and providing
some finally
proceed-
ings. All this can only be done by some such ma-
chinery as that proposed, which is copied in a great
measure from that established in this country by the
Act of Parliamentary Reform, and of the different
Acts since passed to amend it in
this respect. But
the working of the system of
registration, even
with all the advantages afforded by the great faci-
lities for communication which exist in this country,
has not been such as to afford mach encouragement
No
to vote of persons claiming to do so is not open to dis-
fdooruibtts
tibnotreosdtuacntiiiosbnme into
establishment
a he
register, eape
by
which the right
of Good Hope.
dis-
pute at the time of elections, has its advantages in many
respects, and especially so by rendering it practicable to
abridge the time during which the poll is kept open, but
still the mode of proceeding adopted in forming the re-
gister has been attended with much inconvenience. The
trouble and expense attending it have been found to be
a grievous burden both upon candidates and electors,
while it has bad a still mere injurious result on the sys-
tem of periodical registration, and the machinery by
which it is conducted—that it tends to perpetuate the
excitement of electioneering contests, exasperating the
bitterness of party conflicts, and depriving practically of
political power, those moderate men who decline identi-
fying themselves with
the very persons whose influence it would be desirable to
increase, so far as this can be done.
any political party; these being
claims, has been so
6. The force of these
right of voting, and a objections to a mode of registra-
tion requiring claims to beput in b all who obtain the
periodical investigation of those
the most recent Act of this strongly
lass that for amending the
laws which regulate th is
e • - ' . egistration of
ekqualifitation ana r
Parliamentary voters in I I nd (13 and 14 Vict., cap.
effected by making the
on the register weirtaheoaut any
69)—an endeavour has bre
a de to establish what may
een ma .
be termed a self- • This has been
felt by Parliament, that in
acting registration.
7. The effect of this is,steo fact of occupying pro-
perty rated to a • one of the qualifica-
tionscertain amount
of electors (and • • e the principal one), the
rate without
hee
book
any
answer
claime
name of every p
rbeing "nt in.
erixtipinegdiefrnetratothaebrisshae,
mere
not been that there exist
in practice
so entitled to vote being placed
interferencea g great
eat e
extent,
t eon: , his
te make part, and
th
e
in Ireland other rights of
the purposes of a register, and if it had
was voting
ta
wvoat
sbsuiotnfoorf
tbperompeairtnyt,ownahnicohe
oi
ft
which a register was essential, it is probable that regis-
tration would have been altogether got rid of.
8. It would, ti be desirable to esta-
blish, in DV opinion, very
such a simple where there is
System at the Cape,
no embarrassment, arising from existing rights, and
whore, from the greatextent of the country in propor-
tion to the number of inhabitants, and from the compa-
ratively rude state of society, the formation of a register
cannot but be attended with peculiar inconvenience.
This, however, could only be done by adopting a dif-
ferent franchise from that proposed in the draft ordi-
nance, and adopted from that which was agreed upon by
the Legislative Coeneil, before the resignation of four
of its members, because, in order to prevent disputes and
delays in taking the poll at elections, it is necessary that
it should be previously ascertained who are the persons
entitled to vote, Hence, though there is no objection
to the franchise suggested in the colony, on the score of
the proportion of the inhabitants whom it would admit
to the right of voting, much advantage would result
from substituting for it a qualification, as nearly as pos-
sible equivalent to it in this respect, and following the
principle of the Irish Act above referred to.
9. It would be impossible, with the information acces-
sible in this country, to judge whether this could be ac-
complished,:and still more to frame the necessary pro-
visions for doing so. But'l should wish you to consider,
with the assistance of the Legislative Council, whether
the right of working might not be made to depend on
the fact of paying taxes or rates, so as to make the list