CO885-(10-11) — Page 513

2491.

PUBLIC RECORD OFFICE

SIB,

No. 399.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, March 14, 1866. We are honoured with your commands, signified in Mr. Elliot's letter of the 21st ultimo, stating that he was directed by you to transmit to us a copy of a Despatch from the Governor of the Cape of Good Hope, bringing under the notice of Her Majesty's Government a correspondence with the President of the Orange Free State, in which the Governor has remonstrated against the temptations held out by the President's Government to volunteers from the Colony to join in the war between the Free State and the Basutos, and has warned the President that a continuance of such conduct might force him to prohibit any further supplies of arms and ammunition from the Colony to the Free State.

Mr. Elliot was also pleased to state that he was directed likewise to transmit a copy of a Convention entered into between Her Majesty's Government and the Free State in 1854, and of a previous Convention entered into with the Transvaal Republic (in 1852) containing certain provisions relative to the sale of ammunition to those states, and to request that we would furnish you with our opinion-

1st. How far the stipulations in those Conventions relative to the sale of ammuni- tion are consistent with the general principles of international law? and

2ndly. Supposing those stipulations to be binding under ordinary circumstances, how far the exceptional circumstances stated in the correspondence forwarded by the Governor would justify him in ceasing to observe them?

In obedience to your commands, we have taken these papers into our consideration, and have the honour to

Report

That to the first question put to us we have the honour to answer that this Con- vention, though favourable to the Orange Free State, and negatively unfavourable to all the Native States, cannot be pronounced to be contrary to the principles of inter- national law in the sense of not being binding on the parties to it.

To the second question we have the honour to answer that, assuming the evidence to be sufficient to show that the Government of the Orange Free State persisted, after remonstrance, in inducing Her Majesty's subjects to violate her neutrality and to take part in the war, we are of opinion that it would be competent to the Governor of the Cape of Good Hope to declare, after due warning given, that the article of the Con- vention which allowed the Orange Free State alone to purchase arms and ammunition would no longer be considered in force, and that the issue of permits for the removal of arms and ammunition through the Colony to the other side of the Orange River would be prohibited.

The Right Hon. Edward Cardwell, M.P.,

&c.

&c.

&c.

We have, &c.

(Signed)

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.

o 16978-89,

25.-5/86.

Reference :-

C.O.

88511 PUBLIC RECORD OFFICE, LONDON

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