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The last clause of Article II. of the French treaty appears to us to relate only to prohibitions or restrictions of a more or less temporary nature, and not to such a permanent prohibition as is contemplated by the Bill.

We have, &c.

The Most Hon. the Marquess of Salisbury, K.G.,

RICHARD & WEBSTER. ROBERT B. FINLAY.

&c.

&c.

&c.

•

9142.

No. 107.

(SOUTH AFRICA.)

SIR,

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, April 27, 1896. We were honoured with your commands, signified in Mr. Wingfield's letter of the 15th instant, stating that he was directed by you to request us to favour you with our opinion upon the construction of Article IV. of the London Convention with the South African Republic, of 27th February 1884.

That in November 1893 an Extradition Convention between Portugal and the South African Republic was signed at Lisbon, by plenipotentiaries of the two States, and that, that having come to the knowledge of Her Majesty's Government, the attention of the South African Government was called to the omission to com- municate a copy of the Convention to Her Majesty's Government in accordance with Article IV. of the "London Convention."

That the State Secretary of the South African Republic replied that the Convention with Portugal, though signed, had not been authorised either by the Portuguese Cortes or by the Volksraad, and that the Government of the South African Republic intended to submit it to Her Majesty's Government after authorisation,

That the Government of the South African Republic were then informed by your direction that, to avoid possible conflict with the Volksraad, it would be better that in future all treaties with foreign powers should be communicated to Her Majesty's Government prior to their formal approval by that body.

That the State Secretary, in reply, stated that extradition treaties need not be submitted to the Volksraad, as the law of the South African Republic empowered the State President, with the advice and consent of the Executive Council, to conclude such treaties; that his Government were waiting for the authorisation of the Portuguese Cortes of the Extradition Convention, and that immediately on learning that such. authorisation had been obtained and the Treaty completed they would give notice thereof to Her Majesty's Government in accordance with the terms of Article IV. of the London Convention.

That the question upon which you desired our opinion was whether, by the terms of Article IV., the Government of the South African Republic could be required to deliver to Her Majesty's Government a copy of a treaty or engagement between the South African Republic and a foreign power immediately after such treaty or engagement had been signed, although it might require, before ratification, the authorisation of the Legislature of both or one of the contracting parties; or whether, as contended by the State Secretary of the South African Republic, the obligation did not arise until after the authorisation of the Legislature or Legislatures.

That it would, in your opinion, be desirable, in view of the negotiations which would shortly take place between Her Majesty's Government and the Government of the South African Republic, that Her Majesty's Government should be in a position to maintain that Her Majesty was entitled to have the opportunity of expressing Her approval or otherwise of a treaty or engagement between the South African Republic and a foreign power at the earliest possible stage, and that you wished to know whether. in our opinion, the language of Article IV. would not at least sustain a claim to have that opportunity before the treaty was submitted for the authorisation of the Legis- latures of the contracting States with a view to its subsequent ratification.

That you had already, as previously stated, informed the Government of the South African Republic that the communication of a copy of any treaty to Her Majesty's Government for the purpose of ascertaining whether it would be approved by Her Majesty before it was laid before the Volksraad would have the advantage of avoiding possible conflict with that body.

That if, however, the Government of the Republic did not accept that view, and preferred to proceed at once to invite the Volksraad to authorise the treaty, without waiting for the signification of Her Majesty's approval, such a course, though it might be objected to by IIer Majesty's Government, could not be prevented. That the Government of the South African Republic might base such action upon the terms of Article 27 of the Grondwet, according to which a Resolution of the Volksraad was required prior to the proposal, acceptance, or conclusion of any treaty. That, at the

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