Page:George McCall Theal, History of South Africa since September 1795, Volume 1 (1908).pdf/394

360 governor had not the right to banish a British subject from a British possession without trial, that the terms of his commission giving him that power were invalid, as nothing short of an act of parliament could confer it, and that if such an act was authorised by the Roman-Dutch law of the Cape Colony, that law in this case, as an evil in itself, necessarily ceased to be operative after the conquest. Mr. Greig was desired to submit his case in writing, and it was then carefully compared with Lord Charles Somerset's reports. In the relation of matters of fact they agreed, but their deductions were widely different. Dr. Philip's claim to the press was then referred to Mr. Greig for explanation, and was repudiated by him, as he asserted that the press was purchased, not borrowed. He stated also that the sale of his type to the Cape government was practically forced upon him, as he was prevented from using it, and needed money to defray his travelling expenses.

On the 12th of February 1825 Earl Bathurst gave his decision. Mr. Greig was permitted to return to the Cape Colony, with liberty to publish a newspaper under the terms of the prospectus issued by him in December 1823. The type sold to the Cape government was to be restored to him at the same price, and he was to have a long credit for payment. The dispute with Dr. Philip concerning the ownership of the press was to be settled between themselves, or by a court of law. The exact meaning of the prospectus was referred to the governor in council, who could withdraw the license to publish if the terms were not observed.

Mr. Greig accordingly returned to the colony. He was unable to obtain the type which had been transferred to Mr. Bridekirk, but he procured other, and on the 31st of August 1825 the South African Commercial Advertiser appeared again. Mr. Fairbairn now became its sole editor, as Mr. Pringle returned to England. The paper from this date became decidedly an opposition organ to the existing government.