PUBLIC RECORD
OFFICE
Reference :→→
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE | COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
+
2
That Mr. Bramston was also to request that we would assist your Lordship by any observations upon the subject generally that might appear to us to be desirable.
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report
That, in our opinion, the views expressed in the Memorandum are in substance
correct.
The third paragraph appears to qualify the statement contained in our report of the 29th June 1887, but that statement does not in fact require qualification, as we were dealing with the question of exercising jurisdiction by virtue of the authority derived from the assumption of a Protectorate, and no one has doubted that the consent of a Foreign Power can confer jurisdiction over its subjects.
In our opinion paragraph XXIII. is somewhat too large in its terms, and should refer only to such foreign Protectorates as have been recognised by the General Acts of the Berlin Conference, 1885, and the Brussels Conference, 1890,
We think it desirable that the argument set forward in paragraphs XVII., XVIII., and XIX. should be even more distinctly limited to cases within these General Acts than it is by the opening words of paragraph XVII, as now drawn.
We have, &c.
(Signed)
&c.
The Right Hon. Lord Knutsford, &o.
&c.
RICHARD E. WEBSTER. EDWARD CLARKE,
8790.
No. 210.
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
We were honoured with your Lordship's commands, signified in Mr. Bramston's
Royal Courts of Justice, April 30, 1891. lotter of the 23rd instant, stating that he was directed by your Lordship to acknow- ledge the receipt of our report of the 17th of April* respecting the exercise of jurisdiction by Her Majesty within British Protectorates in Africa.
That Mr. Bramston was to acquaint us that since the date of our report it had become known that certain persons were preparing to cross from the South African Republic into the territories of Lo Bengula and other places within the field of operations of the British South Africa Company, and that it was reported that they intended to set up a Republic in such territories and places. That it would not be possible for Her Majesty's Government to assent to the establishment of such a Republic, and that the Government of the South African Republic had been informed that the territory of Lo Bengula, our ally, was under the protection of Her Majesty. That that Chief had also been informed by the High Commissioner that he, the High Commissioner, governed on behalf of Her Majesty, and would punish, white persons in his territory if necessary.
That under those circumstances, which your Lordship considered did in fact constitute a foundation for the exercise of Her Majesty's jurisdiction under the Foreign Jurisdiction Act, 1890, Mr. Bramston was to invite our opinion specifically on the accompanying draft Order in Council, of which the first draft formed one of the enclosures in the letter from the Colonial Office of the 11th of March last, and which, it was therein stated, might receive further additions before it assumed its final shape for our consideration.
That the only additions which your Lordship had considered it necessary to make were a new clauso No. 7, together with certain alterations in the recital and in clausos 4 and 5.
That a copy of the first draft was also enclosed.
That the first recital, referring to the territories in question as being under the protection of Her Majesty, was omitted, as it had not as yet been decided formally to declare a Protectorate over them, and that the seventh clause was added to meet the case (which had already occurred) of an offence being committed outside British Bechuanaland, and all the parties and witnesses being present within that possession.
That Mr. Bramston was to add that there was pressing need for the issue of the Order in Council, and that your Lordship would be glad to be favoured with our views, at our earliest convenience, upon the accompanying draft, which it would be observed was an expansion of the Order of 30th June 1890, upon which we reported on the 11th of July last.†
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report
That, in our opinion, it is necessary, in order to give validity to the Order in Council in so far as it may affect the subjects of other Powers, that the territories comprised therein should be declared to be under the protection of Her Majesty the Queen.
The right to exercise within any foreign country jurisdiction over the subjects of other civilised States must depend upon the territorial sovereignty or upon the consent of auch States. We have already advised that in the regions of South Africa where British Protectorates have been established, the provisions of the General Acts of the Berlin and Brussels Conferences are sufficient to justify the exercise of jurisdiction over the subjects of those Powers which were parties to those General Acts. find no such consent in relation to territories which have not been declared to be under But we British protection. In other respects we consider the terms of the draft Order may be approved.
We have, &c.
(Signed)
The Right Hon. Lord Knutsford,
&c.
&c.
&c.
• No. 209.
RICHARD E. WEBSTER. EDWARD CLARKE.
† No. 182.
PUBLIC RECORD OFFICE
Reference :-
COPYRIGHT PHOTOGRAPH-NOT TO
ཟ「 ?」 3] 4] 5] 6「།
BE REPRODUCED PHOTOGRAPHIC-I
65459.-15.
25.-5, 91.
به ایرانه ای شی سیاتی مره
PUBLIC RECORD OFFICE
| 2། 3། ། T །།
Reference :-