330 



Tbe tmirark*.— Municipal 

 refutation*. 



caI'K <if i;ih.)i» iidpi:. 



very of their health, and in a measure supplied the 

 deficiency in this respect. The offices far the 

 transaction of government business are in the im- 

 mediate neighbourhood of the government-house, 

 and within the precincts is also a college for the 

 education of the youtlts of the colony; it ha* several 

 professors, but I understood all those who desire to 

 have their children well educated send thuiu to 

 England. 



The barracks are extensive, aud well built, and 

 have a large area iu front a» a parade-ground. 

 There are several other buildings going up, f ir the 

 accommodation of the troops, and hospitals for tlie 

 sick, all handsome and well situated. I regret to 

 any that aa much cannot be said for the town prison, 

 nor for the buildiugs appropriated to the police de- 

 partment, custom-house, and harbour-master'* de- 

 partment: all these bear the marks of what Cape 

 Town was, and stand in strong contrast to tlie 

 modern improvements. 



Formerly the municipal government of Cape 

 Town consisted of a president, four members, the 

 town treasurer, and a secretary. The president 

 was elected for two yearn, and was succeeded by 

 the senior member of the hoard. This board was 

 dissolved, apparently for no sufficient reason, for 

 even* one was satisfied with its usefulness in con- 

 trolling the various duties appertaining to a cor- 

 porate body. 



The town is now divided into twelve districts, 

 and each district into four wards, over each of 

 which there is a commissioner, and four ward- 

 masters, chosen by the people. The first form the 

 upper board, and the last the lower, and each have 

 a chairman and deputy chairman, who, among 

 other duties, act as appraisers of property, on 

 which the taxes are assessed erjual to three-quarter 

 pence in the pound. By the statistical tables pub- 

 lished, it appears that tlie valuation of property of 

 Cape Town reaches the sum of one million six 

 hundred and thirty-six thousand pounds. 



The municipal regulations now seem to be 

 excellent, and are. mope or less under military 

 control. The police has been organized on tlie 

 plan of the police of Loudon, and its efficiency is 

 highly spoken of. From all the information I 

 could gather, crime has very much decreased iu 

 hoth the Cape district and colony. The statistics 

 ■ >f crime show hut few cases. The quarterly flitting 

 w the grand jury took place during our visit, and 

 there were hut six presentments, viz., one for eul- 

 pablc homicide, two assaults with intent to harm, 

 one rubbery, one theft, or receiving stolen gwds, 

 and one fraudulent insolvency: and this within a 

 district containing fifty thousand inhabitants. 



There ore great complaints about the adminis- 

 tration of the laws of the colony ; the English 

 system now prevails so far an to allow counsel to 

 the criminal. The trial hy jury is established; 

 seven uf tlie twelve must be present, and It re- 

 quires a majority of these only to convict; if more 

 than seven are present, and the jury are divided 

 equally, the prisouer is acquitted. The Dutch 

 criminal code formerly in force has been modified 

 hy the English, so far as respects some punish- 

 ments; torture, for instance, has been done away 

 with. The crimes of murder, high treason, coun- 

 terfeiting, and rape, are punished with death ; thefts 

 oj" targe amount, assault, robbery, and the like, are 

 punished by transportation; white, for other and i 



minor crimes, tlie prisoners are em ployed as con- 

 victs on Robben's Island, working in the quarries; 

 for less offences, Hogging and imprisonment are 

 inflicted. 



On tlie other hand, the English civil law has 

 been modified by that of the Hutch: this has in- 

 creased litigation, in consequence of the absurd 

 manner in which boundaries were formerly laid 

 off; such, for instance, as estimating by the dis- 

 tance a man could walk in an hour, or cantor with 

 his horse. 



Another source of complaint, which amused mo 

 not a little, was tlie administration of justice by a 

 supreme court, over which a chief justice aud two 

 puisne judges preside; two of these are Euglish, 

 while the third is a Scotchman; the consequence 

 is, the English judges administer the law after the 

 English code, while the Scotch judge follows that 

 of Scotland, which often renders the decision dia- 

 metrically opposite: and it is impossible for the 

 advocate* or client to know by what judge or law 

 his case is to be tried. It was said, 1 know not 

 with what truth, that high connexions have been 

 Considered in. .re suitable qualifications for the 

 oflice than legal knowledge. The salaries do not 

 exceed fifteen hundred and two thousand pounds 

 annually. 



There are in the Cape colony eight districts. 

 Each of these is governed by a commissioner or 

 civil magistrate, who is assisted by justices of lliu 

 peace. These districts ore again subdivided into 

 veld cometciea. The coructcie* are governed by a 

 petty magistrate, who is called a veld cornet. 

 These extend over a distance of about twenty 

 miles, and under him is organized the militia 

 force, in case it should be called out. It is the 

 duty of the latter to meet the requisitions of the 

 higher government officers for supplies, &c. There 

 is little liberty allowed the inhabitants of the dis- 

 tricts, who are restricted from all acts that might 

 in any way tend to give expression to their senti- 

 ments; not even are they allowed to hold a public 

 meeting, and alt kinds of prosecutions are referred 

 to tin- capital for final decision. At tin: Cap.' they 

 have a viee-ndmiralty court for the trial of offences 

 oh the high fteas. The commissioner of the dis- 

 trict, and others holding office, are appointed under 

 the great seal, who are each empowered to grant 

 licenses of marriage, and do other civil acts, and 

 have associated with them the justices of peace, 

 as well as the veld cornets. 



The taxes are represented as being onerous; 

 there is, for instance, a capitation tax id six shil- 

 lings annually, on all free males and females, above 

 the age of sixteen. Those in the employ of the 

 government are exempt, as well as the servants 

 attendant on them. Horses and carriages of all 

 kinds arc taxed from two to four pounds, There 

 is a tax on all incomes exceeding thirty pounds, of 

 tiro per cent.; in addition to these are the stamp 

 duties, water taxes, house taxes, auction duties, 

 market duties, tithes on wine and grain, in short, 

 on every thing that is sold ; all papers executed, 

 transfers of property, promissory notes, bonds, 

 and licenses o( all kinds; indeed, it would lie diffi- 

 cult tn mention any thing exempted from the all- 

 pervading taxation which here prevails. On 

 inr|niring the cost of articles, it is invariable to 

 account for the price, by adding that the article is 

 taxed. The people ore even taxed for permission 



