PUBLIC RECORD OFFICE
Reference :-
TTIC.O. 8
885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
Her Majesty's Government cannot but feel that to admit the validity of the State Secretary's argument would be to admit that the Government of the South African Republic could by the passing of Laws override the provisions and defeat the objects of the London Convention. It must be admitted that Law No. 30 at least places great difficulties in the way of the free entrance of foreigners into the Republic and their freedom of residence within it, and it is not difficult to imagine further conditions being imposed by Law, or even the conditions imposed by Law No. 30 operating so as to have having the effect of making the entrance or residence of foreigners impossible.
Her Majesty's Government fully appreciate the difficulties which may be caused to the South African Republic by a possible influx of immigrants of the lowest class and without any means of subsistence, the prevention of which is, according to the State Secretary's despatch, the object of Law No. 30, and although they are not in possession of any information showing that such an influx has up to the present time taken place or is likely to take place in the near future, they must adhere to the view have already informed-Fon that the proper course would have been in such a case for the Government of the South African Republic should have to approached Her Majesty's Government with a view of arriving at an understanding, and not have to taken the matter into their own hands without regard to the terms of the London Convention.
The State Secretary has replied that if Her Majesty's Government has another practical measure to propose for the exclusion of undesirable aliens the Government of the South African Republic will be ready with gratitude to give its full consideration to such measure.
It would appear however that it is not for hardly-the-duty of Her Majesty's Government at this stage to suggest the details of any measure for the purpose to the Government of the South African Republic, but in the hope of arriving at a satisfactory solution, Her Majesty's Government are prepared to authorize Her Majesty' Agent at Pretoria to discuss the matter with a representative of the South African Republic Government, and if they can agree on any proposals, to submit them for the consideration of the two Governments.
In the meantime however Her Majesty's Government must for the reasons given in this despatch, adhere to their view that the Law No 30 of 1896 constitutes a violation of the London Convention. As I have stated in my telegram of the 15th of December, they appreciate the repeated assurances of President Kruger that the Government of the South African Republic have no intention of departing from the terms of that Convention, and they assume that the Government of the South African Republic admit that the provisions of the Convention, which are mutually binding on both Governments, cannot be altered by either for its own convenience in the slightest detail without the previous consent of the other. They regret therefore to learn that, despite their contention that Law No. 30 is an infringement of the Convention and notwithstanding the expression of their willingness to consider other proposals for attaining the object desired by the South African Republic Government, the Law was put in force on the appointed day and that British subjects have actually been temporarily refused admission to the Republic.
Her Majesty's Government now expect that in view of the elucidation of the matter contained in the present despatch, the Government of the South African Republic will at once repeal or formally suspend the operation of Law No. 30 pending a final arrangement being made in the manner herein indicated.
request that
will instruct Mr. Greene to communicate a copy of this despatch to the Government of the South African Republic.
I
you
R. E. W.
R. B. F.
4618.
No. 132.
(BRITISH GUIANA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, March 2, 1897.
SIB,
We were honoured with your commands, signified in Mr. E. Wingfield's letter of the 26th ultimo, stating that, as the responsibility for the preparation of the British case in the matter of the boundary dispute with Venezuela would henceforward rest with us, he was directed by you to transmit, for our consideration, a copy of a despatch from Her Majesty's Minister at Washington, forwarding a request from the representative of the Republic of Venezuela that an emissary of the Venezuelan Government might be allowed to make some researches in the Colonial records at Demerara.
That
you would be inclined, if possible, on political grounds, to meet the wishes of the Venezuelan Government in the matter, but that you apprehended that there were objections, which would doubtless occur to us, to be urged against compliance with the request.
That the earlier Colonial records were scarcely in order; though some progress in sorting them had been made since the Governor was instructed to have them examined for evidence of early British administration of the territory now claimed by Venezuela. That it was difficult to give a free hand to a stranger to search amongst unsorted records.
That for the most part they disclosed evidence of extensive jurisdiction from the earliest times of British occupation, which would doubtless be brought forward with great effect before the Arbitral Tribunal.
That the examination of such evidence by the agents of the opposite side would to some extent discount its effect, and would certainly give them an earlier opportunity of preparing replies.
Further, that a hostile searcher would be on the look out for passages which, taken by themselves, could be distorted, and could thus give unnecessary trouble to us in the argument on the case.
That it had been thought desirable to suggest the above points for our consideration in asking us to give you the benefit of our opinion as to the reply which should be returned to Venezuela.
We have taken the matter into our consideration, and, in obedience to your com- mands, have the honour to
Report-
That we are of opinion that the request for examination of documents in the possession of the British at Demerara cannot be properly refused.
The Republic of Venezuela is entitled to see any documents which the British Government have in their possession bearing upon the case, subject to the right of the British Government to decline to produce documents which are of a confidential character, or which, in the public interest, cannot be produced. We do not imagine - that any of the documents at Demerara are likely to fall within this category, but should any doubt arise with regard to any particular document the question of its production can be considered independently.
It is, however, most desirable that someone should be present when the examination by the representative of Venezuela takes place, and should have an opportunity of noting and seeing the documents of which he requires copies, or from which he takes extracts, in order that the bearing of the whole document may be considered.
In our opinion a consent should be given stating that arrangements will be made to meet the convenience of Dr. Ernst, and that some gentleman will be appointed to assist him in the examination of the documents.
The objections raised in Mr. Wingfield's letter of the 26th February last are not, we think, sufficient to justify a refusal of inspection, and steps can be taken to prevent any disadvantage arising to the British case; and we are clearly of opinion that they are greatly outweighed by the observations which, with justice, would be made were inspection refused.
We have, &c.
The Right Hon. Joseph Chamberlain, M.P.,
&o.
&c.
&o.
RICHARD E. WEBSTER.
ROBERT B. FINLAY.
o 95886-10.
25.-3/97,