CO885-(11-13) — Page 541

12206

No. 262A.

(SOUTH AFRICA-TRANSVAAL.)

1. Who shall be defined to be British Subjects within the meaning of this

Convention ?

2. What shall be the condition of—

a. Persons domiciled in the Transvaal before the annexation?

b. Persons born of the preceding during the continuance of British Sovereignty?

c. British Subjects (and their children) who became domiciled in the Transvaal

after the annexation ?

July 13, 1881.

K.

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PUBLIC RECORD

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OFFICE

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Reference :-

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12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

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1

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Crown

Memorandum by the Lord Chancellor.

appears to me that it is necessary to obtain the opinion of the Law Officers of the upon these

very important questions.

I know of no way in which those who are once British Subjects can cease to be so, except (1) the cession or abandonment of all territorial rights of the British Crown, in a particular territory, in favour of some Foreign or other Independent State or Power, or (2) expatriation, under the terms of the Naturalization Acts.

But for the Orange River precedent renunciation of Sovereign rights by the Crown over a territory not ceded to, or conquered might have doubted whether the mere by, any Independent State or Power having a political existence apart from such renunciation, would come within the first of these two categories. But I think this point must be regarded as now practically settled by the Orange River precedent; not, indeed, as to the status, after such renunciation, of those who were previously natural- born British Subjects by (what may be described as) any extra territorial title, but as to the status of those whose title to be regarded as British Subjects depended only on their domicil or inhabitancy within the borders of the abandoned territory.

In the present case I cannot perceive that any absolute renunciation of British Sovereignty, similar to that which took place when the Orange River territory was abandoned, has taken place, or is intended to take place, in the Transvaal. The reservation of (what it has been thought convenient to call) "Suzerain" rights, has always appeared to me to make the two cases quite different. There is, indeed, to be a limitation of the former plenum dominium of the British Crown, which will secure to the Transvaal people, under certain conditions, rights of self-government, in most respects equal to those which they would have if they were entirely independent. But (as I have before said) these are rights, which, in theory of law, will be granted by virtue of, and will be derived from, the plenum dominium of Her Majesty; and which, to give them unquestionable legality in this country, must be granted (in the absence of Imperial legislation) by an Order in Council, and Proclamation consequent thereon, of the British Crown.

My impression is, that (in the absence of Imperial legislation) all the three classes (a), (b), and (c), mentioned in the second question now proposed by Lord Kimberley, will continue to be British Subjects, in the view of British law.

To the first question, "Who shall be defined to be British Subjects, within the meaning of this Convention," I find it difficult to give any satisfactory answer, because (if the view which I have above expressed is correct) less than that of the Imperial Parliament can give effect to any such definition, so as to do not see how any authority deprive any of the classes referred to of any legal rights which may properly belong to British Subjects as such.

The intention of the telegram of the 9th July seems to be that all the persons belonging to any of the classes (7), (b), and (c), should be entitled to retain the status of British Subjects, after the Convention, in the Transvaal if they elect to do so, and register their naines (us having made such election) within 12 months, with the British Resident. But what privileges or other advantages they would gain by reason of such

4299-25-12/99 Wt 430 D & S 5

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No. 262A.

AFRICA-TRANSVAAL.)

: British Subjects within the meaning of this

nsvaal before the annexation ?

g during the continuance of British Sovereignty? hildren) who became domiciled in the Transvaal

K.

by the Lord Chancellor.

to obtain the opinion of the Law Officers of the

ons,

vho are once British Subjects, can cease to be so, t of all territorial rights of the British Crown,

e Foreign or other Independent State or Power, he Naturalization Acts.

ent I might have doubted whether the mere Crown over a territory not ceded to, or conquered having a political existence apart from such st of these two categories. But I think this y settled by the Orange River precedent; not, nciation, of those who were previously natural- lescribed as) any extra territorial title, but as garded as British Subjects depended only on rders of the abandoned territory. ve that any absolute renunciation of British

place when the Orange River territory was ided to take place, in the Transvaal. The nvenient to call) "Suzerain" rights, has always different. There is, indeed, to be a limitation tish Crown, which will secure to the Transvaal elf-government, in most respects equal to those ly independent. But (as I have before said) Il be granted by virtue of, and will be derived ty; and which, to give them unquestionable

in the absence of Imperial legislation) by an tent thereon, of the British Crown.

of Imperial legislation) all the three classes question now proposed by Lord Kimberley, iew of British law.

defined to be British Subjects, within the cult to give any satisfactory answer, because is correct) I do not see how any authority give effect to any such definition, so as to legal rights which may properly belong to

9th July seems to be that all the persons (e), should be entitled to retain the status the Transvaal if they elect to do so, and ection) within 12 months, with the British intages they would gain by reason of such

PUBLIC RECORD OFFICE

CO.

Reference :-

•885

12 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO