27989
R
PUBLIC RECORD OFFICE
Reference :-
་། ། ་། ། ...............C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
SIR,
No. 196.
(TRANS VAAL-ORANGE RIVER COLONY.)
LAW OFFICERS to COLONIAL OFFICE.
[Position of Naturalised Burghers of the late South African Republics.]
Royal Courts of Justice,
July 28, 1903. We were honoured with you commands, signified to us by Mr. Bertram Cox in his letter of the 26th June last, stating that he was directed by you to transmit to us a despatch received from Lord Milner, dated the 11th of April, 1902, with its enclosure, containing a Report by Sir Richard Solomon on the position of naturalised Burghers of the late South African Republics. That it would be observed that Sir Richard Solomon contended that as a German or Russian on being naturalised in the Transvaal as a Burgher did not, under German or Russian Law, become divested of his nationality, and was only a Burgher while in the Transvaal, he became, on the extinction of the Transvaal as a Republic, simply a German or Russian in the Transvaal as well as elsewhere, and could become a British subject only on naturalisation.
That with reference to this opinion, he was to observe that it seemed to ignore the fact that in dealing with questions of nationality, foreign law must be dis- regarded, and that the question of nationality was one which had to be determined by British law alone, and that under British law the inhabitants of a conquered country became British subjects on annexation. That, as we had advised in our Report of the 17th May, 1900,* Germans and Russians who were inhabitants of the Transvaal and who had been naturalised in that country before the outbreak of war became British subjects on annexation in the same manner as natural born Burghers of the late Republic. That this question, however, became of considerable importance inasmuch as, should Sir Richard Solomon's opinion be correct, it would become unnecessary to pass any law in the Transvaal to enable German subjects to retain their German nationality in that country, a step which had been contemplated in view of the representations of the German Government in the matter.
That he was to transmit to us correspondence which had passed between your Department and the Foreign Office, and the Home Office, upon this question, and that it would be observed that the opinion of the Secretary of State for the Home Department was to the effect that to deprive Germans and other foreigners who were naturalised Burghers of the late Republics of their status of British subjects acquired by annexation it would be necessary to pass an Act of the Imperial Parliament.
That he was to request us to take these matters into our consideration and to report-
(1) Whether we concurred in the opinion of Sir Richard Solomon above referred to;
(2) If not, what steps would be necessary to divest German subjects of their British nationality acquired by annexation;
(3) Whether, having regard to all the circumstances of the case, Ordinances passed in the Transvaal and Orange River Colony would be sufficient for the purpose, seeing that the question of the status of these persons may not arise elsewhere than in these colonies.
We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
Report-
That (1) we do not agree with the opinion of Sir Richard Solomon, and we adhere to the view expressed by us in our Report to the Foreign Office of the 31st October, 1900,† that "in our opinion no distinction should be drawn between the case of a natural born and a naturalised citizen."
(2 and 3.) We think that if it is desired to divest such persons of their British nationality the best course would be to pass an Ordinance in the Transvaal. It is
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