22,484.
No. 105.
(SOUTH AFRICA.)
SIR,
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, November 5, 1887.
We were honoured with Mr. Bramston's letter of the 28th ultimo, stating that he was directed by you to inform us that a Concession (of which a copy was enclosed), alleged to have been granted by Zambile, Queen of Tongaland, had been submitted to Her Majesty's Government for ratification, although the holders alleged that such ratification would not in any way add to the legality of the Concession.
That the privileges which that document purported to confer upon those people were, as would be seen, of a very sweeping character, and such as Her Majesty's Government would not approve, if such a course were open to them. That if those rights passed into the hands of foreigners by transfer from Mr. Thompson, some of them might be used to the injury of British interests.
That Her Majesty's Government had hitherto declined to meet the wishes of Zambile, and to declare a protectorate over Tongaland; and that the exact. position of Her Majesty's Government towards Tongaland would be seen by reference to the accompanying copy of a despatch from the High Commissioner for South Africa, dated July 27th, 1887. That it might be assumed that the Tonga Queen would sign the agreement which formed an enclosure to that despatch; and that messengers had been sent to Zambile with authority to ratify the agreement on behalf of Her Majesty.
ย
But that you wished to be informed (1) whether, in our opinion, even had protectorate been declared, Her Majesty, as the protecting power, would have been competent to forbid such concessions being made by Zambile, or to prohibit the transfer by Mr. Thompson of his rights to foreigners.
That as somewhat bearing upon the nature and extent of a British protectorate, and pointing to the conclusion that no territorial rights were secured to the protecting power, Mr. Bramston might refer us to our report of June 29th, 1887, of which a copy
was enclosed.
2. Whether Her Majesty's Government, in their present relations with Queen Zambile, as above indicated, had any right, should they be so disposed-
(a) to object to the concessions made by the Queen to Mr. Thompson, or
(6) to a transference by Mr. Thompson of his rights so obtained, to a foreign
government or to the subjects of a foreign power.
That Mr. Bramston was to add that you would feel obliged if we could favour you with our report at our early convenience.
In compliance with the request contained in Mr. Bramston's letter, we have the honour to
Report
1. That, in our opinion, if a protectorate had been established according to the Articles and Conditions of the 6th July 1887, Her Majesty would not have been entitled to forbid the making by Zambile of the Concession now under consideration, but would have been entitled to forbid the transfer by Thompson of his rights so obtained to any foreign state or power.
2. Her Majesty's Government in their present relations with Zambile have no title to interfere in the matter.
We advise that Her Majesty's Government should decline to give any ratification to the Concession in question, and should give distinct notice to Mr. Thompson that the validity of such Concession is not admitted by them.
The Right Hon.
Sir Henry Holland, Bart., M.P.,
&c.
&c.
&c.
We have, &c.,
(Signed) RICHARD E. WEBSTER.
EDWARD CLARKE,
▲ 50069,-83, 25.-11/07.
PUBLIC RECORD OFFICE
गय
سلنا
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
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