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taken, in the circumstances of this case, that the shipowner brought the goods to Algoa Bay with the intention of giving such a bond, and we do not think it probable that the decision which has been arrived at on this point in his favour by the majority of the Court would be reversed on appeal.
The arguments presented in the memorandum prepared by the Naval Commander · in-Chief, which we have carefully considered, do not appear to us to be sufficient to enable us to adopt the view which he puts forward.
The Marquess of Salisbury, K.G.,
We have, &c.,
RICHARD E. WEBSTER. ROBERT B. FINLAY.
&c.
&c.
&c.
1
.
14148.
No. 35".
(SOUTH AFRICA.)
PUBLIC RECORD OFFICE
Reference :-
mmimmim C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
SIR,
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice,
May 7, 1900. WE were honoured with your commands signified in Mr. Graham's letter of the British 5th instant, stating that he was directed by you to transmit to us a letter from the South British South Africa Company, on the subject of the grant of a Concession to the Company Company,
by Lewanika, Chief of the Barotse.
Africa
9 April,
That it would be seen from the enclosures to the British South Africa Company's 1900. letter that the document described as a Concession granted by Lewanika in June, 1898, had not yet been signed by Lewanika, but that he appeared to have promised to sign it provided that a certain clause, to which the Company did not object, was added to it."
Barotse-
That the Company in October, 1898, requested the approval of the Concession by the Secretary of State; but that the consideration of the matter was delayed pending the settlement of the question of the administration of Barotseland. That an Order in Council for that purpose had now been passed, and would shortly be brought into North operation, and that as the Company had become responsible for the finances of the Western country they were naturally anxious to avail themselves of the exclusive mineral rights Rhodesia, and other industrial and commercial privileges which the Concession would confer upon them.
That in view, however, of the Order in Council mentioned, the terms of the proposed Concession appear to be somewhat inappropriate to present circumstances. That it would purport to confer on the Company administrative rights and certain powers and functions properly belonging to the administration, which, as would be seen from the Order in Council, was nominally under the control of the High Commissioner for South Africa.
That it would also confer on the Company rights inconsistent with Article 20 of their Charter, which forbade the setting up of a monopoly of trade.
That the inconsistencies were more fully set forth in the euclosed draft of a letter to the Company, and that you would have preferred, as therein stated, that the Company should obtain a Concession confined to the grant of such industrial rights as were not open to the objections mentioned; but that as the negotiation of a fresh agreement would cause inconvenient delay, and perhaps difficulties with the native Chief, you were anxious to express approval of the terms of the document now put forward, if that could be done subject to conditions which would safeguard the administration of Barotseland in the exercise of its proper functions.
That Mr. F. Graham was to request us to be good enough to take the papers consideration, and to report :—
into our
1. Whether the terms of the Concession could, in our opinion, be safely approved, subject to the conditions mentioned in the draft of the letter to the British South Africa Company.
2. If not, what form the conditional approval should take.
3. Whether the draft letter to the British South Africa Company was sufficient and proper for the purpose, or, if not, in what respects it should be amended.
We have taken the matter into our consideration, and, in obedience to ur commands, have the honour to̟
Report-
1. and 2. That in our opinion the terms of the Concession can be approved subject
to the conditions suggested in the draft letter as altered and initialled by us.
of procedure is contemplated by Article IV. of the Charter of 1889).
3. We approve the draft letter as altered and initialled by us.
The kight Honourable Joseph Chamberlain, M.P..
We have, &c.,
This mode
RICHARD E. WEBSTER.
ROBERT B. FINLAY.
land, Order
in Council.
&c.,
&c.,
&c.
6406-25-7/1900 W324 D&S
$
2