PUBLIC RECORD OFFICE
Reference:
TTILL C.O.885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
16 PUBLIC RECORD OFFICE, LONDON
?
as to Venezuela's right to withdraw on notice would, no doubt, also be considered, seeing that His Majesty's Government has hitherto denied that right. As stated above, in answer to question 4, we think the contention of Venezuela on this point would be upheld, and that the Tribunal would not be likely to grant substantial damages for the infraction of a Treaty to which Venezuela has only been held by a mistaken contention on the part of His Majesty's Government.
On the whole, therefore, we do not think that the position of His Majesty's. Government is strong enough to make it worth while to go to arbitration.
Sir Edward Grey, Bart.,
&c.,
&c., &c.
}
We have, &c.,
W. S. ROBSON. S. T. EVANS.
19864
No. 119.
(NATAL.)
LAW OFFICERS to COLONIAL OFFICE.
[Question whether any legal claim could be made on His Majesty's Government for payment of Chief Dinuzulu's salary since 30th November, 1907.]
Royal Courts of Justice, MY LORD,
11th June, 1909. We were honoured with your Lordship's commands signified to us in Mr. Just's letter of the 26th April last, stating that he was directed by your Lordship to transmit to us, for our consideration, a copy of the Blue Book [Cd. 4585] containing the judgment of the Special Court in the case of Dinuzulu. That it would be seen that the prisoner was found guilty on certain of the counts of the indictment, and that the President of the Court, in passing sentence, remarked that the conviction must lead to the loss of the position which Dinuzulu had occupied since his return from St. Helena. That this circumstance, "in itself a considerable measure of punishment," was taken into account in passing sentence. That the term of imprison- ment to which Dinuzulu was sentenced dated back to the 9th December, 1907, the date of his surrender to the Civil Authorities at Nongoma.
That your Lordship had accepted the view of the Court that Dinuzulu's convic- tion must lead to the loss of his position as Government Induna. That your Lordship was further of opinion that, after the misconduct of which he had been found guilty, his salary must also be withdrawn. But that the date from which that withdrawal should come into operation remained to be determined. That it would be within our recollection that in his speech on this subject in the House of Commons on the 3rd June, 1908, the Attorney-General stated that His Majesty's Government were "under obligations both of law and honour" (to ensure that Dinuzulu's salary should not be withdrawn without the consent of the Secretary of State for the Colonies). That a copy of the Blue Book [C. 8782] containing the correspondence (vide especi- ally p. 38) on which Sir W. Robson's view of this relation between His Majesty's Government and Dinuzulu was based was enclosed for our information. That the obligation of honour your Lordship considered to be amply satisfied by the payment of £500 by the Natal Government to Dinuzulu's legal representatives towards the expenses of the trial, and by the contribution of £2,100 by His Majesty's Government towards the fee of the counsel for the defence.
That your Lordship was of opinion, also, having regard to the establishment of misconduct on the part of Dinuzulu dating back to a period many months anterior to the date (November 30th, 1907), up to which his salary had been paid, that no objection could properly be made by the Secretary of State to the loss of his salary since that date. But that your Lordship would be glad to learn whether, in our opinion, any legal claim could be made on Ilis Majesty's Government for payment of salary since 30th November, 1907.
We were further honoured with Mr. Just's letter, dated the 10th ultimo, stating, in reply to a communication from this Department of the 29th April last, that he was directed by your Lordship to transmit to us copies of the correspondence between your Lordship and the Governor of Natal respecting the payment by His Majesty's Government of 2,000 guineas to Dinuzulu's counsel. That the correspond- ence with regard to Dinuzulu's salary, culminating in the payment of £500 by the Natal Government, was included in the Parliamentary Papers [Cd. 3998), [Cd. 4194], and [Cd, 4329].
That the passages dealing with the subject would be found at pages 6, 7, 29, 40, 64, 66, 101, 106, of [Cd. 3998], pages 32, et seq., 41, et seq., 65, 115, 138, et seq., of [Cd. 4194], and pages 11, 13, 14, 15, 25, 26, 27, 23, 31, 32, 104, 105, 111, 112, of [Cd. 4328).
That as regarded the conditions under which the payments were made, Mr. Just was to refer more particularly to pages 13 and 14 of [Cd. 4323], and to the telegrams of 13th October, 17th November, 14th December (45743), and 30th December (47953) in the file of printed telegrams. That he was to add that the correspondence relating to the withdrawal of the salary which had taken place
(19649–2.) WL. 96–372, 25. 6/00. D. & 5.
WLAG
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