14891.
No. 178.
(SOUTH AFRICA.)
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE, BY DARLING & SON, LTD., 1-3. GREAT ST. THOMAS APOSTLE, E.C.
1898.
SIR.
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice, We were honoured with your commands signified in Mr. H. Bertram Cox's letter
July 4, 1898. of the 27th ultimo, stating that, with reference to our previous Reports on the case of the Critic" newspaper which was suspended in December 1896 by the Government of the South African Republic, he was directed by you to transmit to us further No. 60, despatches on the subject from the High Commissioner for South Africa, from which we 26 Jan. '98, should see that the Government of the Republic ignored the arguments of Her Majesty's 25 Apr. 98. Government drawn from the decision in the case of the Star," and referred No. 244. Mr. Hess to the Law Courts.
No. 227.
That Mr. Cox was, however, to observe that Mr. Hess's solicitors had expressed the
3 May '98. opinion that the present relations of some of the Transvaal Judiciary towards the Government precluded any idea that their client would obtain justice by preferring his suit in the Pretoria Courts.
That Sir A. Milner, in his last despatch, suggested that Her Majesty's Government should now assess the damages due to Mr. Hess themselves, and pay the amount by deducting it from any sum which might ultimately be held to be payable to the South African Republic by the British South Africa Company.
That you, however, had some doubt whether Her Majesty's Government, irrespectively of the London Convention, was entitled to insist on compensation on the ground of injustice to a British subject when he had a remedy in the local Courts which he had not attempted to enforce; and that Mr. Bertram Cox was to enquire whether, in our opinion, Her Majesty's Government were justified-in face of the answer from the Government of the Republic-in demanding and, if necessary, enforcing the payment to Mr. Hess of such compensation as might be assessed by Her Majesty's Governinent; and generally what action, if any, we would advise you to take in the matter.
We have taken the papers into our consideration, and, in obedience to your commands, have the honour to
Report-
Tuar we think that before adopting the course suggested by Sir Alfred Milner, Her Majesty's Government should be satisfied that redress cannot be obtained in the Courts of the Transvaal. At present we have nothing before us but the statement of Mr. Hess's solicitors that he will not get justice in those Courts. but before further action is taken, we think that it should be shown by the opinion of This is very probably the case, counsel of eminence, or otherwise, that the Courts of the Transvaal are-virtually closed to Mr. Hess in this matter.
[
We have, &c.,
RICHARD E. WEBSTER. ROBERT B. FINLAY.
The Right Honourable Joseph Chamberlain, M.P.,
&c.
&c.
&c.
Nos. 124, 128, 146, 155 and 160 in this Vol.
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