PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2. We do not think this course advisable.
3. 4. 5. If in this case, and in any other cases, it is deemed proper to make compen. sation for torts coinmitted by the Government of the South African Republic or by its officials, such compensation should be made purely as a matter of grace, and in such a way as to avoid any admission or implication that the Government of the Transvaal Colony can be regarded as taking over the liabilities of the late Government for wrongful acts committed by them. There ought, in our opinion, to be no proceedings in the law courts We think that the Government of the Transvaal with reference to any such claims.
If Colony or Her Majesty's Government should itself settle, after such enquiry as it deems necessary, what sum it thinks proper to pay as a matter of grace in any such case. arbitration is deemed a convenient way of ascertaining the amount, the submission to arbitration should be so drawn as to exclude any admission of liability.
We advise that Mr. Hess should be informed that Her Majesty's Government cannot admit any liability on the part either of Her Majesty's Government or the Government of the Transvaal Colony for the suppression of the "Critic" by the Government of the South African Republic. If his case is regarded as one which ought to receive special consideration, he may be informed that Her Majesty's Government are willing that, as a matter of favour, a sum to be ascertained should be paid to him by the Government of the Transvaal Colony. If this course be determined on, an effort should be made to fix the amount by agreement, but if the facts are not sufficiently ascertained for this purpose, arbitration may be resorted to.
The Right Hon. J. Chamberlain, M.P.,
&c.,
&c.,
&c.
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
42397.
SIR,
No. 64.
(CYPRUS.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice,
December 28, 1900.
We were honoured with your commands signtfied in Mr. H. Bertram Cox's letter of the 29th uitimo, stating that he was directed by you to acknowledge the receipt of our report of the 10th July last, on the subject of the proposal for raising an Irregular Corps
abroad. in Cyprus for service with Her Majesty's army
That you desired Mr. Bertram Cox to return to us the papers which were referred to in our report and to request that we would consider further, whether, in view of section 176 (3) of the Army Act, 1881,-which by section 190 (23) extended to Cyprus any local law would be necessary for the raising and the discipline of a force of Irregulars, to be paid for from Imperial funds and officered by officers of the regular army but available for general service.
That as regarded the general question of raising troops in Cyprus, you desired Mr. Bertram Cox to point out that there appeared to be nothing in the Conventions with Turkey to prevent such a step, that the Cypriot was before the occupation liable to military service or to payment of the exemption tax, and that that liability was transferred to Her Majesty the tax being still levied, and that that circumstance would seem to afford justification of the proposal to utilize the military services of Cypriots in lieu of the tax, especially as it was only intended to recruit volunteers, and further, that the island was assigned to Her Majesty in order to enable Her to make provision for implementing Her obligation to defend the Asiatic dominions of the Sultan, and that, in order that that obligation might be fulfilled, it seemed essential that Her Majesty should be able to defend Her own dominions from attack, and that with that object should be at liberty to make use of the resources handed over by the Sultan for the purpose of enabling Her to fulfil Her obligation.
That Mr. Bertram Cox was further to point out that a Chinese regiment had been raised at Wei-hai-wei and was now serving against disorderly forces in the very country which granted the lease of the territory in which the regiment was recruited; and that a closer parallel was afforded by the practice in Bosnia, a country which was held from the Sultan of Turkey on similar terms to those governing Her Majesty's occupation of Cyprus. That Mr. Bertram Cox was to enclose copy of a letter from the Foreign Office, transmitting a despatch from Her Majesty's former Ambassador at Vienna, which shewed that whereas Bosnians were treated, for the purposes of naturalization, exactly as any other foreigners, yet soldiers in the Bosnian regiments took the oath to the Emperor and were treated in every way as Austro-Hungarian soldiers, though remaining Bosnian subjects.
That Mr. H. Bertram Cox was to request that we would take the matter into our consideration and would report :-
(1.) Whether a Cypriot Corps could not be raised without infringing the Conventions under which the island was occupied ;
(2.) If such a Corps could be raised, whether the provisions of the Army Act were not sufficient authority for the necessary action on the part of Her Majesty's Government without any further legislation ?
In obedience to your commands we have taken the matter into our consideration, and have the honour to
Report-
That a Cypriot Corps could be raised for service in Cyprus without any question of infringement of the Convention, and—while there would be power to legislate in Cyprus for such a force-the members of such a force would be subject to the provisions of the Army Act in so far as these provisions were not modified by an Ordinance of the Legislature of Cyprus, or under section 177 of the Army Act, 1881.
We understand, however, that the question put to us relates to a proposal to raise a Cypriot Corps for service in any part of the world.
7542-25-12/1900 Wt 324 D & S
G
No. 42.