PUBLIC RECORD OFFICE
Reference :-
TILLC.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH~—NOT TO
Delagoa Bay, or Lorenço Marques, being contiguous to the territory of the South African Republic at the point where the railway entered the Republic, it was the view of Sir Hercules Robinson, and his advisers, that goods imported by the railway were imported from Portuguese territory within the meaning of the London Convention. That a further question had, however, as we should perceive, been raised in the correspondence between Sir Donald Currie and the President of the South African Republic, a printed copy of which was enclosed.
That, in his concluding letter, Sir Donald Currie suggested that, notwithstanding the provisions of clauses 17 and 19 of the concession, the Railway Company could without breach of those stipulations frame its tariff of rates so as to create a practical preference in favour of the products of one country over those of others, as well as of one class of goods over others.
•
That the point might not become one of direct practical importance, but that it appeared to your Lordship that the exact powers of the Company under the concession should be ascertained.
That Mr. Bramston was accordingly to request that we would inform your Lordship whether, in our opinion, the terms of the 39th article of the concession granted to the Netherlands South African Railway Company constituted an infringement of clause 13 of the London Convention of 1881.
And whether, in our opinion, the Railway Company had power, under the concession, to differentiate in its charges for carriage-
(i.) Between different classes of goods;
(ii). Between goods imported by different importers; and
(iii). Between goods originating from different countries respectively.
And supposing any such differential rates to be imposed, and authorised by the Government Commissioner of the South African Republic, under article 17, whether that would amount to an infringement of clause 13 of the London Convention.
That Mr. Bramston was also to request that we would favour your Lordship with any observations upon the matter generally that might appear to us desirable.
We were also honoured with a further letter from Mr. Bramston, dated 5th April 1888, with reference to the above matter, and stating that he was directed by your Lordship to transmit to us copies of correspondence between the Colonial Office and the Foreign Office, to which Department, as we should perceive, the case sent to us was submitted in draft.
We have taken the papers into our consideration and, in obedience to your Lordship's commands, have the honour to
Report
That we are not prepared to say that the grant of a concession, the character and objects of which are matters of controversy, can be said to be a breach of the 13th article of the London Convention of 1884, but if, in fact, goods which enter the Transvaal from any part of the adjacent dominions of Her Majesty are subjected to duties from which goods imported by the railway are free, that in our opinion constitutes a breach of the article.
We are further of opinion that the Company is not empowered by the terms of the concession to establish differential charges without the concurrence of the Government of the South African Republic, and that if that Government were to authorise any differential rates between goods originating from different countries to the prejudice of Great Britain, such action would constitute a breach of the 13th article of the London Convention.
The Right Hon. Lord Knutsford,
&c.
&c.
&c.
We have, &c, (Signed) *
RICHARD E. WEBSTER.
EDWARD CLARKE.
13,295.
No. 122.
(VICTORIA.)
LAW OFFICERS to COLONIAL OFFICE.
Law Officers' Department, Royal Courts of Justice, July 3, 1888.
Letters Patent
Instructions,
MY LORD,
We were honoured with your Lordship's commands, signified in Sir Robert 43, 15 March Herbert's letter of the 14th May last, stating that he was directed by your Lordship Dormant to transmit, for our consideration, a despatch from the Governor of Victoria, No. 43, Commission,
TAR). of the 15th March 1888, together with a copy of the Dormant Commission, under 23 Feb. 1879. which the Chief Justice of the Colony would in certain contingencies administer the 21 Feb. 1879. Government, and of the Letters Patent mentioned in the Commission, and of the n Instructions issued to the Governor under the Queen's Sign Manual and Signet.
That the modification of those Instructions and a slight alteration of the Letters Commission. Patent was under consideration, but that the changes proposed would not affect the 10 April 1884 line of action which Mr. Higinbotham, the present Chief Justice, had laid down for Governor's himself in the event of his being called upon to administer the Government, for he Commission,
upon local questions I should not, as Her Majesty's representative, "communicate with him (the Secretary of State for the Colonies) at all or permit
him to communicate officially with me.'
states that
The administration of the Empire, it was perhaps superfinous to obseryo, was conducted in this country by the Secretary of State, to whom IIor Majesty had confided the seals of the respective Departments. That all correspondence relating to Her Majesty's Colonial possessions was, and long had been, carried on in the Department of the Secretary of State for the Colonies, who himself signed all despatches addressed to the Governors of the different Colonies, and to whom all despatches from the Colonies were addressed by the several Governors.
That every Governor was appointed by Commission under the Royal Sign Manual, and that in his absence the Government was temporarily administered by an officer holding a similar commission, or filling an office the holder of which was designated by Letters Patent (similar in form to that enclosed therewith), which constituted the office of Governor and defined his powers.
That it would thus be seen that Governors and all officers temporarily administering the Government of a Colony received their appointinent direct from Her Majesty. That they were in fact, and were styled, Her Majesty's representatives, and that the Government of every Colony was carried on in the name of the Queen. That in Crown Colonics the Governor, or Administrator, received through the Secretary of State instructions as to many details of the administration; but that that was not so in Victoria and other self-governing Colonies, where the local affairs of the Colony were managed by Ministers who were responsible to the Local Parliament.
That it had hitherto been the universal practice, and had been regarded as the primary duty of every Governor and Administrator in a self-governing Colony to keep the Secretary of State informed of the general progress of local affairs in the Colony, and to report fully upon any matter of special interest, or upon which the Governor or Administrator might desire the advice or assistance, or even the instructions of the Secretary of State, or upon which it might appear to the Governor or Administrator that the special information would be acceptable to Her Majesty, or to Her Majesty's Government in England, or to the Parliament or people of the United Kingdom; the Secretary of State, on his side, frequently desiring the Governor or Administrator to supply information relating to the Colony which he desired to obtain, or which either House of Parliament had demanded, or which public bodies or individuals in the United Kingdom had asked for; and as occasion required expressing his opinion upon local matters submitted to him by the Governor or Administrator.
That the practical convenience of such a system was obvious, and that the advantago of full and frank communication betweeen the Governor of a Colony and Her Majesty and Her Government at home through the constitutional medium of the Secretary of State for the Colonies was manifestly to the interest of the Empire.
4
52950.-26. 25.-7,88. G. 12.
21 Feb. 1879. Governor's
Lieutenant-
G Nov. 1876.