CAPE COLONY AND BRITISH SOUTH AFRICA. 



81 



is entirely filled with the insect this is pro- 

 nounced a sure remedy. 



The yield of gold and silver in California in 

 1878 was $18,920,461 ; which is an increase in 

 gold of $2,068,000, but a decrease in silver to 

 the amount of $1,323,000. 



In the important case of the United States 

 vs. Throckrnorton, the Supreme Court at Wash- 

 ington, on December 9th, rendered a decision 

 affirming that of the California Circuit Court. 

 The action was brought to set aside the final 

 decree of confirmation of a Mexicaa grant on 

 the ground of its alleged forgery, etc. The 

 Court declined to interfere, because the validity 

 of the grant was the very matter adjudicated 

 twenty years ago. The following general prin- 

 ciples were announced by Justice Miller in be- 

 half of a unanimous full bench : 



Courts of equity will not set aside, on account of 

 alleged fraud, a decision rendered by a tribunal of 

 competent jurisdiction, unless the fraud complained 

 of was extrinsic or collateral to the matter so adju- 

 dicated. There are rights which, even though found- 

 ed in fraud, have been so established by formal ju- 

 dicial proceedings in legally constituted tribunals, 

 and by legal methods, that they are no longer open 

 to inquiry in the usual or ordinary way ; and this 

 Court will not set aside a judgment because it was 

 founded on a fraudulent instrument or perjured evi- 

 dence, or for any cause which was actually presented 

 and considered in the judgment assailed. To over- 

 rule the demurrer to this bill would be to retry, 

 twenty years after its decision by the Board of Land 

 Commissioners and the District Court, the very ques- 

 tions which they tried on the ground of fraud in the 

 very document on which this decree was rendered. 

 The Supreme Court further hold that no one but a 

 United States Attorney-General, or some one au- 

 thorized to use his name, can, without special act 

 of Congress, bring suit to set aside a United States 

 patent, or a judgment rendered in a Federal Court 

 on which such a patent is founded ; and that there 

 is nothing in the record in this case to show that 

 the Attorney-General sanctioned the proceedings. 



CAPE COLONY AND BRITISH SOUTH 

 AFRICA. The area and population of the 

 British possessions in South Africa were as 

 follows in 1878 : 



The religious denominations were represent- 

 ed as follows : 



The total population of 720,984 in the Cape 

 Colony, according to the census of 1875, was 

 divided as follows : 



Of the total number of inhabitants in Bassuto 

 Land according to the census of 1875, 60,394 

 were males and 67,307 females. In Griqua 

 Land West, according to the census of June 

 17, 1877, there were 12,374 whites and 32,- 

 903 blacks. 



The Caffre war, which seemed to have come 

 to an end in November, 1877 (see " Annual 

 Cyclopaedia " for 1877), bcoke out again at the 

 close of the year. On December 20th Kreli, who 

 was in hiding in one of the forests in the Trans- 

 kei, sent messengers to Ibeka asking for peace, 

 as he had been sufficiently punished. This 

 was followed by the surrender of his chief 

 councilor Botman, who declared that the tribe 

 was subdued and craving for mercy. Col. 

 Eustace discussed with Botman the terms upon 

 which the submission of the Galekas would be 

 received by the Government namely, the un- 

 conditional surrender of the chief and his son, 

 and the disarmament of his warriors. Three 

 days were given for Kreli to accept this or 

 take the consequences. At the expiration of 

 the time an unfavorable answer was given; 

 the armistice was thereupon declared at an 

 end, and on Friday, December 28th, Col. Glyn, 

 commanding in the Transkei, moved forward 

 from the Ibeka, with the forces at his disposal. 

 During the negotiations with Kreli, however, 

 one of his councilors, Kiva, with 200 follow- 

 ers, eluded the guards at the river drifts and 

 crossed over the Kei into the Gaika location. 

 This immediately changed the aspect of affairs. 

 A considerable section of the powerful Gaika 

 tribe, whose veteran chief Sandilli was one of 

 the most troublesome enemies of the British 

 twenty -five years ago, and who up to this time 

 had been overawed and kept in check, now took 

 up arms against the Government. Martial 

 law was proclaimed throughout portions of 

 the Gaika territory, and the European resi- 

 dents on isolated farms in their neighborhood 

 were warned at once to move to the nearest 

 camps and places of rendezvous for protection. 

 The Gaikas in the last days of December made 

 an incursion into Fingo Land, which is under 

 the British protectorate. They next attempted 

 to cut off the communications by the post- 

 road between King William's Town and Kon- 



