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PUBLIC RECORD OFFICE

Reference :--

EPIC.O.885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO |

That Sir Thomas Sanderson was to request that we would take the papers into our consideration, and that we would favour your Lordship with our opinion on the questions submitted in his letter, and with any general observations which we might have to offer on the case.

We have taken the matter into our consideration, and, in obedience to your Lordship' commands, have the honour to

Report

That we think that a remonstrance on the lines of Lord Ripon's letter of the 4th March 1893 may properly be addressed to the United States Government.

It cannot be admitted that the Revenue Laws of the United States give any right to adjudicate upon a foreign ship in respect of an act committed outside the ordinary three-mile limit. The position cannot be put higher than this: that where outside, the three-mile limit a British vessel has been seized which was engaged in an attempt to break the Revenue Laws of another country, this Government will not complain of such seizure. This is the principle upon which, in the interests of comity of nations. the Hovering Acts have been dealt with.

E

In the present case there seems to be no ground for the suggestion that the Coquitlan was engaged in any such attempt.

• (B.)

(A.) Sir J. Pauncefote

Ditto

(C.) Colonial Office

(D.) Reference to Law Officers

Law Officers

(E Law Officers

We have, &c. (Signed) C. RUSSELL.

JOHN RIGBY,

List of Papers.

(No. 20) January No. 24) January

16, 1893. 20,

*

March August 25, 102, September 9, December 13,

+

•

ני

709 S.

No. 33.

(SOUTH AFRICA.)

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice, MY LORD,

March 23, 1893. We were honoured with your Lordship's commands signified in Sir Philip Currie's letter of the 14th instant, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list relative to the extent of the rights over Delagoa Bay which Portugal has power to concede.

That on the 25th of September 1872 a Protocol was signed between the British and Portuguese Governments, by which they agreed to refer to the arbitration and award of the President of the French Republic, their respective claims to certain territories formerly belonging to the Kings of Tembe and Mapoota, on the Eastern Coast of Africa, including the islands of Imyack and Elephant, and now known as the Province of Delagon, Bay,

That the award of the President (Marshal McMahon), was pronounced on the 24th July 1875, when he declared the Portuguese claims to be duly proved and established.

But that before the award was declared a proposal was made by the British to the Portuguese Government, that a mutual agreement should be entered into, to the effect that, whichever way the award of the arbitrator might be given, as regarded the right of sovereignty over the territories in dispute, the Power in whose favour the award was made should not entertain any proposal for the acquisition of the said territory by any other Power, until the defeated claimant should have an opportunity of making to the successful claimant a reasonable offer for the acquisition of that territory, either by purchase or for some other consideration.

*

That the Portuguese Government readily agreed to that and in a note of 17 June 1875, it gave the fullest assuranco as to its determination of "not ceding to any third power "the territory the possession of which might be secured for it in virtue of the arbitration

of Marshal McMahon,”

That since that time the Portuguese Government have granted numerous concessions to companies and individuals of land, minerals, and privileges and immunities for the construction of railways and canals in the Province of Delagoa Bay. That though the granting of those Concessions had undoubtedly diminished the value of the property of which, according to the terms of the above-mentioned Agreement, Great Britain had in certain eventualities as regarded other Powers, the right of pre-emption, your Lordship was disposed to think that so long as such concessions did not alienate sovereign rights they did not contravene the provisions of that Agreement.

But that your Lordship was doubtful whether the alienation of any sovereign right, such for instance as the right of taxation without previous notice and opportunity of acquirement of such right having been given to Her Majesty's Government, would not of itself amount to a contravention of the substance of the Agreement as well as of its spirit and intention.

That it was clear that the alienation of sovereign attributes of that description, though falling short of that actual cession of territory which was specifically mentioned in the Agreement might most seriónsły prejudice the value of the preferential rever- sionary interests in the territory which it was the undoubted object of that Agreement to preserve to Great Britain, and might, if carried to any considerable extent, render the right of pre-emption of such territory, if and when it arose, a comparatively worthless privilege.

That the question was of practical importance as it was possible that negotiations might be commenced between the Governmeuts of Portugal and the South African Republic for the concession to the latter of the right to levy Customs Dues in the province of Delagoa Bay.

That the concession of that right to the Transvaal, would be highly injurious to the interests of the Cape Colony, and that it might be advisable to warn Portugal, if tho

0 74773.-12. 25.- 1,93.

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