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Convention of 1884 deals only with the ordinary case of persons in the Transvaal who conform to the laws of the South African Republic. It has no application to the case of a man who, having been convicted of crime according to the law of the South African Republic, has obtained a relaxation of punishment on the terms that that relaxation might be withdrawn if, in the opinion of the Executive Council, he did not observe the condition imposed.

By his own agreement. Mr. Phillips submitted to be bound by the opinion of the Executive Council

this point.

It cannot, in our opinion, b suggested that their decision was not arrived at bona fide, and that being so it appears to us that Her Majesty's Government cannot properly protes against the decision.

upon

(2.) In our opinion the article published by Mr. Phillips as a violation of the undertaking. Mr. Phillips pledged his word of honour that he will not in future. either directly or indirectly, meddle with the Home and Foreign polities of the South African Republic, wherever he may be." The earlier part of the article deals at some length with the defects of the administration of the Government of the South African Republic in matters which cannot be regarded as matters merely of ancient history. The terms in which these grievances are referred to are such as are certainly calculated to lend strength to the present demand for the reform of these grievances which still exist. appears to us that, by publishing this article. Mr. Phillips meddled with the politics of the South African Republic, just as much as if he had addressed a meeting called to consider these grievances. The fact that his treatment of the question is historical does not render it the less effective from a political point of view.

It

(3.) Mr. Phillips cannot, in our opinion, be regarded as no longer bound by his undertaking. He did not merely obtain remission of the sentence of banishment on condition of not meddling with politics, but he gave his word of honour that he would not so meddle. If we are right in thinking that this pledge has been broken by him, it seems to us impossible to say that the action of the Executive Council in enforcing the penalty of banishment puts an end to his obligation. The matter, however, is really one for Mr. Phillips's own consideration.

We have only to add that we are unable to agree with Mr. Phillips's view, that hi undertaking contains nothing to restrict his right to discuss the politics of the Transvaal. When he discusses them in a form which may affect the political sentiments or action of residents in the Transvaal we think that he interferes in politics.

The Right Honourable Joseph Chamberlain, M.P..

&e.

&c.

&r.

We have, &c..

RICHARD E. WEBSTER. ROBERT B. FINLAY.

4981.

No. 164.

(GENERAL..)

LAW OFFICERS TO FOREIGN OFFICE.

Royal Courts of Justice,

February 22, 1898. Mr LORD,

We were honoured with your Lordship's commands signified in Mr. Curzon's letter of the 3rd instant transmitting to us certain papers with reference to the question as to what régime is applicable in Bulgaria to the subjects and produce of those British Colonies which decline to accede to the resent Commercial Convention concluded between Great Britain and that Country, and requesting our opinion on the points submitted in that letter.

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

Report-

That by the Declaration annexed to the Commercial Agreement of July 1897, between Great Britain and Bulgaria, it is provided that all the stipulations of the treaties in force are maintained in so far as they shall not have been modified by the Agreement or by special Convention.

The 8th Article of the Treaty of Berlin governed the relations between Great Britain and Bulgaria at the time of the Agreement of 1897.

Any Colony which may elect, under the 5th Article of the Commercial Agreement, to refuse acceptance thereof is remitted to the rights of British subjects under the 8th Article of the Treaty of Berlin. Under that Article the people and cornmeree of such Colonies would be entitled to equality of treatment with the subjects and commerce of any of the Powers which were parties to the Treaty of Berlin.

We must, however, observe that it cannot be considered as beyond controversy whether the stipulation in the 8th Article for equality of treatment would entitle these Colonies to the treatment of the most favoured nation irrespective of their performing the conditions on which such treatment is extended to the subjects of the other Powers,

The Colonies are also entitled to the benefit of any stipulation affecting these questions which may be contained in any Treaties of Commerce and Navigation. Conventions, and Arrangements referred to in Article 8 of the Treaty of Berlin.

The Marquess of Salisbury, K.G..

&c..

&c..

&c.

We have, &c..

RICHARD E, WEBSTER, ROBERT B. FINLAY.

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PUBLIC RECORD OFFICE

Reference :-

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C.O.885

14 PUBLIC RECORD OFFICE, LONDON

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