Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

1418 THE JUDICIARY [PART VI One difference, however, is to be noted : after the passing of the Aliens Act by the Imperial Parliament the Govern- ment of the Cape asked that it might be allowed to banish from its shores certain classes of offenders, as the Cape was the happy hunting-ground of adventurers from every part of the world, and it was advantageous to be able to get rid of them, and one way would be by granting conditional pardons. It was felt by the Imperial Government that in view of its own new policy the old prohibitions against exiling persons would not be possible to be maintained in their integrity, and accordingly the letters patent of the Cape and subsequently of the Transvaal and the Orange River Colony, but not of Natal, which made no request for change, were modified so as to read in the proviso as to establishment the words ‘if the offender be a natural-born British subject, or a British subject by naturalization in any part of our Dominions’, thus allowing the banishment of aliens, and such banishment has gone on cheerfully ever since with increasing inconvenience to the Imperial Government, as the route home for these banishees from the continent is via England, where they are tempted to sojourn for a season. The reason for vesting this personal discretion in the Governor in South Africa is due of course to high considera- tions of native policy, which would be of paramount impor- tance in the case of a murder trial, whether of a native for murdering a white, or a white for murdering a native. There may well be cases in which either the pardon or the execution of a native or of a white man would be equally fatal to the peace of South Africa, and as an Imperial interest it is well to secure impartiality by the entrusting of the power to the Governor-General. Hence in the case of the Union the instructions, which as in the case of Canada and the Commonwealth embody the matter in other cases put in the letters patent. run as follows :— IX. And We do further authorize and empower the Governor-General, as he shall see occasion, in Our name and on Our behalf, when any crime or offence against the laws of the Union has been committed for which the offender may

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