PUBLIC RECORD OFFICE
Reference :-
TPELLIC.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
14 PUBLIC RECORD OFFICE, LONDON
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as to the consideration on which such a representation could most properly be founded.
We have considered the matter, and, in obedience to your commands, have the honour to-
Report
That we are of opinion that the action of the President of the South African Republic in closing the two drifts in question is a breach of the 13th Article of the Convention of 1884, and that a remonstrance to the Government of the South African Republic may properly be based on this Article.
Upon the materials before us we are not able to express any opinion as to whether the objection to the proclamation, on the ground that it is ultra vires, is well founded; but, even assuming that it is, Her Majesty's Government would not be justified in raising any objection upon that ground.
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It is stated in Sir Robert Meade's letter of the 15th instant that the tariff was raised per cent. on goods coming from the Cape vid the Orange Free State. Although the point is not now directly raised, it should not, in our opinion, be overlooked, as it may be that such a special imposition of extra rates upon Cape goods might also constitute a breach of the 13th Article.
We have, &c.
R. E. WEBSTER. R. B. FINLAY.
19109.
No. 95.
(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Royal Courts of Justice, October 21, 1895. We were honoured with your Lordship's commands, signified in Mr. Bertie's letter of the 25th ultimo, stating that the Attorney-General's Report of the 10th August last, relative to the seizure of certain British sealing vessels in Behring Sea by Russian cruisers during the season of 1892, had been communicated to Her Majesty's Secretary of State for the Colonies, and that Mr. Bertie was directed to transmit to us the reply which had been received from the Colonial Office on the subject, containing Mr. Chamberlain's observations npon the above-mentioned Report.
That Mr. Bertie was to request that we would take the letter from the Colonial Office into our consideration, and favour your Lordship with our opinion thereon, and with any general observations which we might have to offer on the case.
In obedience to your Lordship's commands, we have the honour to-
Report
"That we have considered Mr. Chamberlain's observations on the Attorney-General's Report of the 10th August.
As matters of argument which may very properly be urged on behalf of the British ships, we recognize the justice of many of the criticisms by the Colonial Office upon the views expressed by the Attorney-General, and it is quite possible that the more intimate acquaintance with the facts and earlier correspondence possessed by the Colonial Office officials enables them to form a more trustworthy judgment on each case.
Nothing, however, is to be gained, at any rate at present, by discussing argumen- tatively and in detail the differences of opinion.
We concur in the course suggested by Mr. Chamberlain at the conclusion of the Colonial Office letter of the 14th ultimo, and suggest that claims should be prepared and presented in all cases as to which there appears, on the statements of the masters and crews, any fair ground for their presentation, and that the detailed points of difference should be discussed in consultation between the Colonial Office and the Law Officers, after the draft of the claims has been prepared.
With reference to the specific points referred to, we would make the following observations:-
The Attorney-General was quite aware that the posting of log-books was not compulsory. We still think that it is a circumstance of suspicion that a vessel has kept no record of her position. Even in small vessels it is usual to make some entries, and the importance of the question of position must have been fully known.
As regards attemptel flight, recognizing the argument thereon, we still think vessels sealing on the high seas would not make the probably useless attempt to escape from a cruiser by flight. We think such conduct may justly be regarded as suspicious.
We do not, of course, wish the arguments urged by the Colonial Office to be withdrawn, but we think the observations of the Attorney-General well founded.
THE "MARIE."
The observation that the vessel had obviously been in the proximity of the islands was founded on the fact, which we understood to be admitted, that out of 622 skins, 585 were those of females, that the vessel had been for four days in approximately the same locality, and was found not far outside territorial waters.
The Attorney-General does not, however, desire to press his view in any way against that of the ('olonial Office.
*
THE CARMOLITE."
There is, we think, much force in the observations of the Attorney General. No doubt the arguments of the Colonial Office, if the data on which they are based may be assumed to be correct, are well founded.
The Attorney-General did not suggest the withdrawal of the claim at present.
• A$965,-26. 23.-11,95.
• No. 90.
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