Page:George McCall Theal, History of South Africa from 1873 to 1884, Volume 1 (1919).djvu/121

 1878] Retirement of the Molteno Ministry. 10 1 the constitution, and unsanctioned by law, with powers of supreme command over all colonial forces, entirely independent, as I understand him, of all control or subordination to the governor or any other executive military or civil officer, recognised by parliament or the constitution. " To whom is this newly created officer intended to be responsible ? Obviously not to the governor and commander-in-chief, nor to the commander of the forces, for it is very clearly indicated in Mr. Molteno's memor- anda that he is not to be under their control, nor to parliament, for parliament can never have heard of him. " As a matter of fact, the executive control of all operations connected with the colonial forces appears, for the last ten days, to have rested entirely with the commissioner of crown lands and public works ; and, so far as I understand, is so to continue. I have never failed to do justice to the minister who now so ably fills that office ; but this arrangement is entirely unknown to parliament and to the constitution, and I cannot feel at all sure that it will be approved by parliament. "Let me briefly recapitulate the conclusions at which I have arrived, — " 1. That the command of all forces in the field legally and by the constitution rests with the general officer commanding her Majesty's forces, when empowered by the governor as commander-in-chief to assume com- mand of colonial forces so employed. " 2. That the appointment of a commandant-general to command colonial forces in the field independent of the general officer commanding her Majesty's forces, em- powered as above by the governor and commander-in- chief, is at present illegal and unconstitutional. "3. That his acts, and the acts of those that obey him, will be illegal, and will not be covered by any act of indemnity passed to absolve from penalties all who