"Her Majesty's Government recognise the difficulty of indicting for high treason all who have taken part with the enemy, and they would suggest, for the consideration of your ministers, the expediency of investing either the Special Judicial Commission which, as stated in your telegram of 28th April, is contemplated by your ministers, or a separate Commission, with powers to schedule the names of all persons implicated in the rebellion under the various heads indicated above. It would be necessary to decide beforehand how the different categories should then be dealt with. As regards 1, 2, and 3, they would, of course, be brought before the Judicial Commission and tried by them. Might not 4 and 5 be allowed to plead guilty, and be thereupon either sentenced to a fine carrying with it disfranchisement, or released on recognisances, to come up for judgment when called upon (this also to involve disfranchisement), while 6 might be subjected to disfranchisement alone? Her Majesty's Government offer these as suggestions for the consideration of your ministers. "In regard to the reasons urged by your ministers in favour of a general amnesty, Her Majesty's Government would point out that they are of a highly controversial character, and it is impossible to discuss them fully at a moment when an indication of the views of Her Majesty's Government is urgently required. Her Majesty's Government would only observe that the policy which they have indicated in this telegram appears to them to be one not merely of justice, but of clemency, which the whole white population of the Colony might well accept as satisfactory, and which should not, any more than the ordinary administration of justice, encourage the natives to think that the two white races are permanently disunited, while with especial reference to the third reason, it may be observed that the expediency of the action to be taken in such cases depends upon circumstances which must vary greatly according to date and locality. In Lower Canada in 1837-38 there was a revolt during peace against the Queen's authority, founded on grievances under constitutional conditions which were recognised as unsatisfactory by the Government of the day, and altered by subsequent legislation. In the Cape there has been adhesion to the Queen's enemies during war by those who have not even the pretext of any grievance, and who have for a generation enjoyed full constitutional liberty. In Canada the insurrection was never a formidable one from a military point of view; in the Cape it has added very largely to the cost and difficulty of the war, and has entailed danger and heavy loss to Her Majesty's troops."[224] [Footnote 224: Cd. 264.] [Sidenote: The ministry divided.]