aforesaid of making such Laws and Ordinances as aforesaid with the advice and consent of the said Legislative Council for any part of the said Settlement, the said districts of Albany, Somerset, Uitenhage [and] Graaff Reynet included, as fully and effectually as if these Presents had not been made; Provided also, and We hereby declare Our Will and Pleasure to be that nothing herein contained shall extend or be construed to extend to take away, alter or abridge the jurisdiction, powers or authorities now by Law vested in the Supreme Court of the Colony of the Cape of Good Hope or in the Judges of the said Court or in the Courts of Circuit within the said Settlement or in any other Courts or Court of Justice therein or in the Judges of any such Courts or Court, but that all such Jurisdictions, powers and authorities shall continue to be exercised by such Courts and Judges respectively in as full and ample a manner as if these Presents had not been made. And Our Will and Pleasure further is that in the execution of the powers hereby vested in the said Lieutenant-Governor for the time being or such person so provisionally appointed as aforesaid, he do in all respects conform to and obey all such Orders and instructions as shall for that purpose be addressed to him by Us in Our Privy Council or under Our Signet and Sign Manual or through one of Our Principal Secretaries of State; And We do hereby revoke and annul so much and such parts of the said recited Letters Patent of the twenty-third day of October in the Fourth year of Our reign as may in anywise interfere with or prevent the execution of these Presents or any part thereof; And We do hereby declare Our Will to be that for the purposes and within the meaning of these Presents the District of Beaufort shall not be considered as forming part of or as comprized within the District of Graaff Reynet. In Witness, etc. Witness, etc. the nineteenth day of February [1836]. By Writ of Privy Seal. P.R.O., Patent Roll, 6 W. IV. Part 12 (No. 16). No. 26. PETITION FOR REPRESENTATIVE GOVERNMENT. [The following is one of several petitions of its kind sent to England from time to time. The Governor recommended that the prayer should be granted, but Lord Stanley in his reply, though not meeting the petition by an irrevocable opposition, raised so many of the old difficulties, adding one or two new ones of his own, that the matter was dropped for a while.] [Dispatched to England, 20 Dec. 1841.] To the Queen's Most Excellent Majesty in Council. THE HUMBLE PETITION OF THE INHABITANTS OF CAPE TOWN AND ITS VICINITY. Respectfully showeth, That the inhabitants of this colony, being descended from the people of Holland, or British born subjects who have more recently settled here since the Cape became an integral portion of the British Empire, entertain an hereditary sentiment of veneration for the free institutions of the distinguished nations from which they sprang. That the inhabitants of this colony are about 180,000 in number; that all of them are free and equal in the eye of the law; and that the whole of the landed proprietors and capitalists reside on their estates or within the colony. That the soil, climate and geographical position of this colony are so favourable to agriculture and commerce, that the unlimited extension of both may be confidently looked for, under the industry of a people enjoying political liberty, and permitted to direct the resources of the community in accordance with the nature of the place, and the character and habits of the population, which can only be understood and appreciated by the people themselves. That since the colony became a dependency of the British Crown, the government of the Colony has been confided to the hands of a single individual appointed by the Crown, who has more recently been assisted, first by an Executive, and subsequently by an Executive and Legislative Council, all the members of both being appointed by the Crown, all the members of the first, and a majority of the members of the second, also holding offices of trust and emolument under the Governor. That this form of government appears to your Majesty's petitioners inadequate, under any administration, however able and well disposed, to satisfy the social wants and desires of the people, or to accommodate the requisite institutions of society to the accumulating property, and increasing intelligence and enterprise of the community. That the inhabitants of this colony have long been deeply impressed with this conviction, and are becoming every day more uneasy, under a system of government in which they have no share; although all that they possess, or expect for themselves or their posterity, is most materially affected by its proceedings. That at the present period, they think it unnecessary to offer any arguments to your Majesty in favour of that form of government of which your Majesty is the head, or to point out the inevitable disadvantages under which a government must labour which possesses no constitutional means of ascertaining public opinion, or to show that a people thus excluded from all influence on the action of government, must advance slowly, if at all, in the career of improvement. These facts have been decided by the concurrent testimony of all ages. They think it enough to represent to your Majesty, that in numbers, wealth and intelligence, they consider this community fully prepared to take their place in the rank of free countries, being assured that your Majesty only waited such an assurance, before confiding to them their due weight in the legislature of their own country. Your Majesty's petitioners therefore humbly pray, that the government of this colony may as speedily as possible be assimilated in principle and form to that of Great Britain, and that it may be composed of a Governor appointed by the Crown, an Executive Council also appointed by the Crown, and a Legislative Assembly, composed of representatives freely elected by the people. And your Majesty's petitioners will ever pray. (Signed) H. WATSON. And 614 others. Parl. Papers, C.O. 400, p. 2. NOMINATION OF MINISTERS OF RELIGION BY No. 27. Ordinance.-Enacted by His Excellency the GOVERNOR OF THE CAPE OF GOOD HOPE, with the advice and consent of the LEGISLATIVE COUNCIL thereof. To amend the Ordinance No. 7, 1843, entitled an "Ordinance for repealing the Church Regulations of the 25th July 1804, and enacting others in their room and stead." WHEREAS by the 5th section of the Ordinance No. 7, 1843, entituled "Ordinance for repealing the Church Regulations of the 25th July 1804, and enacting others in their room and stead," it is provided that the governor of this colony for the time being should have the right of filling up vacancies in the office of minister in congregations belonging to the Dutch Reformed Church in South Africa, of which congregations the minister for the time being receives a salary from the colonial government and whereas it is expedient that the same right should be vested in Her Most Gracious Majesty the Queen, her heirs, and successors:-Be it therefore enacted by the governor of the Cape of Good Hope, with the advice and con sent of the Legislative Council thereof, that the 5th section of the said ordinance shall be repealed, and the same is hereby repealed accordingly. 2. And be it enacted, that in every case in which a vacancy shall occur in the office of minister of any congregation belonging to the said Dutch Reformed Church, of which congregation the minister for the time being receives a salary from the colonial government, her Majesty the Queen, her heirs, and successors shall have and possess, and shall exercise, in whatever manner she or they shall deem the best for the vacant congregation, the sole and unrestricted right of filling up such vacancy by the appointment of whatever individual she or they may select from amongst the number of such ministers as shall, by the rules and regulations of the said church for the time being, be competent to be appointed to supply vacancies in the ministry thereof.1 3. And be it enacted, that this Ordinance shall commence and take effect from and after the date of promulgation thereof. P.R.O., C.O. 50/2. PUBLIC MEETINGS. [12 Dec. 1848.] No. 28. Ordinance.-Enacted by the GOVERNOR OF THE CAPE WHEREAS by a Proclamation of His Excellency the then Governor, Lord Charles Henry Somerset, bearing date the 24th of May 1822, the said Governor saw fit to declare and enact that Public Meetings, convened without the sanction and authority of the Governor for the time being, or-when such sanction or authority cannot be conveniently obtainedwithout the sanction and authority of the Chief Local Magistrate, for the discussion of Public Measures or Political Subjects, were, and should be deemed to be, contrary to Law: And whereas there is nothing in the state and condition of this Colony which requires or justifies the continuance of a restraint, so inconvenient and invidious, upon the liberty of speech and freedom of discussion which Her Majesty vouchsafes to regard as the birth-right of Her Subjects: And whereas it is expedient to remove the said restraint :-Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, that 1 Act No. 5 of 1875 put an end to all government grants towards ministers' salaries. the Proclamation aforesaid of the 24th May 1822, and every other law heretofore in force in this colony, whereby Public Meetings for the discussion of Public Measures and Political Subjects are declared or constituted illegal, unless held with or under the previous sanction and authority of the Governor of the Colony for the time being, or of some other Functionary or Magistrate, shall be repealed, and the same are hereby repealed accordingly. 2. And be it enacted, that this Ordinance shall commence and take effect from and after the promulgation thereof. GOD SAVE THE QUEEN. P.R.O., C.O. 50/2. No. 29. THE CAPE OF GOOD HOPE CONSTITUTION ORDINANCE. [3 April 1852.] [As amended and confirmed by Order in Council, dated II March 1853. Declared to take effect from I July 1853.] I. WHEREAS Her Majesty did by certain Letters Patent, bearing date at Westminster, on the 23d day of May, in the thirteenth year of her reign, amongst other things, declare and ordain that there should be within the settlement of the Cape of Good Hope a Parliament, to consist of the Governor, a Legislative Council, and House of Assembly; and did declare, ordain, and appoint that the said Legislative Council (subject to the exception herein-after contained) and the said House of Assembly should consist and be constituted of such persons as should be elected in such manner and form, and for such terms and under such regulations, as should for that purpose be prescribed in any Ordinance or Ordinances to be for that purpose passed by the Governor of the said settlement, with the advice and consent of the then present Legislative Council thereof; provided, nevertheless, that it should be prescribed in and by such Ordinance or Ordinances that the Chief Justice of the Colony of the Cape of Good Hope for the time being should be, by virtue of his office, a member of the said Legislative Council, and should preside over the same; provided also, that every such Ordinance should contain a clause suspending the operation of the same until it should have been confirmed by Her Majesty, with the advice of her Privy Council; and Her said Majesty did thereby declare her will and pleasure that the said Governor, with the advice and consent of the Legislative Council and House of Assembly so to be constituted and elected in manner and form aforesaid, should have authority to make laws for the peace, welfare, and good government of the said settlement; and that in |