CO885-(13-15) — Page 537

2916.

No. 163.

(SOUTH AFRICA,)

SER.

LAW OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice,

February 7, 1898. WE were honoured with your commands signified in Mr. E. Wingfield's letter of the 2nd instant, stating that he was directed by you to request our opinion with reference to certain questions which had arisen in consequence of action alleged to have been taken by the Government of the South African Republic with respect to Mr. Lionel Phillips.

That Mr. Phillips was tried in the South African Republic and sentenced to death in 1896 for conduct in connection with the political movement in the

years 1895-96. That his sentence was first commuted to one of 15 years' imprisonment, and, finally, on the 11th of June, 1896, his sentence was further commuted, and he was ordered to pay a fine of £25,000, and to be banished from the Republic. That the banishment was. however, to be suspended on his giving his word of honour in writing that, for the future, he would not, either directly or indirectly, interfere in the internal and external politics of the South African Republic, and would conduct himself as an orderly and law-abiding inhabitant of that State. That the condition was, however, annexed that the sentence of banishment was to be applied, if, in the opinion of the Executive Council, Mr. Phillips did not keep to his word of honour as above mentioned. That Mr. Phillips paid the fine and duly gave an undertaking in writing in the terms required.

That Mr. Phillips published in the “* Nineteenth Century," in August, 1897, au article utitled “From inside Johannesburg; a Narrative of Facts," and that our attention was particularly requested to the terms of that article.

That it was stated that the Excentive Council of the South African Republic had resolved that Mr. Phillips should be debarred from entering the Republic again, on the ground that he had broken his pledge by discussing the politics of the State in the article in the Nineteenth Century,”

That the report of the resolution of the Executive Council and a letter from Mr. Phillips justifying his conduct appeared in the Tines of Africa of 22nd January.

That a copy of the opinion of Counsel (Mr. Cohen, Q.C.), referred to by Mr. Phillips. was transmitted for our information.

That it would be seen that, under the provisions of Artiele XIV. of the Convention of London of 1884, all persons, other than natives, conforming themselves to the laws of the South African Republic had full liberty to enter, travel, and reside in any part of that Republic.

That it would appear that the Article in the " Nineteenth Century" dealt almost entirely with the narrative of events which occurred at the period co-ineident with, and prior to, the Jameson raid; and that it seemed doubtful whether anything therein stated could be construed as directly or indirectly meddling or interfering with the internal and external politics of the South African Republic, but that the Executive Council were, by the terms of Mr. Phillips's undertaking, constituted the sole judges of the question whether or not that undertaking had been kept.

That Mr. Wingfield was to request that we would take the above matters into our consideration and favour you with our opinion:

(1.) Whether, in view of the terms of Mr. Phillips's undertaking, Her Majesty's Government had, under the Convention of 1884, any right to protest against the decision arrived at by the Executive Council of the South African Republic, and, if so, upon what

grounds.

(2.) Whether the article published by Mr. Phillips was a violation of his undertaking, (3.) Whether, having regard to the action of the South African Republic, Mr. Phillips could be regarded as no longer bound by that undertaking.

That you would also be glad if we would favour you with any general observations we might consider it desirable to make upon the case.

We have taken the papers into our consideration, and, in obedience to your commands, have the honour to

Report-

(1.) That, in view of the terms of Mr. Phillips's undertaking, Her Majesty's Government has not, in our opinion, any right to protest against the decision arrived at by the Executive Council of the South African Republic. Article XIV. of the

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