CO885-(13-15) — Page 536

L

2909.

MY LORD,

No. 162.

(GOLD COAST.)

LAW OFFICERS TO FOREIGN OFFICE.

Royal Courts of Justice.

January 25, 1898.

WE were honoured with your Lordship's commands signified in Mr. Bertie s letter of the 16th December last, transmitting to us papers which relate to the claims of certain British subjects to compensation from the German Government in respect of certain property which was destroyed at the burning of the town of Ngami in Togoland on the 16th December 1894, and requesting that we would take the papers into our consideration and favour your Lordship with our opinion whether in the circumstances there is good ground for making a representation to the German Government with a view to obtaining compensation for the British subjects who suffered loss on the occasion.

In obedience to your Lordship's commands we have taken the papers into our con- sideration and have the honour to

Report-

That the information before us does not disclose sufficient ground for the presentation of a formal claim against the Gerinan Government.

In the absence of facts showing that the action of the authorities in sending a punitive expedition was reckless or uncalled for, or that consistently with the sending of such an expedition notice might have been sent to British subjects to remove their goods, there do not appear to us to be any special circumstances upon which a formal demand for compensation could be based.

The ground on which the German Government refused to entertain the claim was apparently that they denied the destruction of the property in question. The investiga tion by Mr. Justice Smith (though we must observe that it was necessarily ex parte) may afford an opportunity for again bringing this matter forward by way of friendly renoustrance, asking for consideration of, and compensation for, the losses sustained, and the German Government might be informed that formal judicial investigation has shown that the property was in fact destroyed, and that therefore the question of compensation should be favourably considered.

We have, &c.,

The Marquess of Salisbury, K.G.,

&c.,

&c.,

&c.

Į

RICHARD E. WEBSTER. ROBERT B. FINLAY.

13807-25-298 Wt 21818 D&S

5

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

14 PUBLIC RECORD OFFICE, LONDON

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