CO885-(13-15) — Page 621

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PUBLIC RECORD OFFICE

C.O.885

Reference :-

14 PUBLIC RECORD OFFICE, LONDON

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

The provision in Section 6 as to a copy of the transfer registers being kept in the Colony would also, no doubt, be inconvenient in practice.

Upon the whole we think that the Royal Assent should not be given to the Act at present, but the matter should be further considered in the Colony, and we suggest that an Act rendering it compulsory that, in the case of the Companies described in Section 8, a register should be established under the Act of 1883 would be found sufficient.

The Right Hop. J. Chamberlain, M.P.,

&c..

&c.,

1

&c.

We have, &c.,

RICHARD E. WEBSTER. ROBERT. FINLAY. MATTHEW INGLE JOYCE.

8609

SIR,

No. 209.

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

April 6th, 1899.

We were honoured with your commands signified in Mr. Graham's letter of March 1, the 24th ultimo, stating that he was directed to transmit to us a letter from Sir 1899. Frederick Young, K.C.M.G., forwarding a Memorial from himself and others, in which they asked for the intervention of Her Majesty's Government in consequence of the imposition by the Government of the South African Republic of a War Tax under Law No. 24, of 1896, a translation of which formed Schedule 4 to the Memorial.

That despatches from the High Commissioner for South Africa on the subject of II. C. Sir the War Tax, noted in the margin, were also enclosed.

W. Butler,

1899.

That in our Report of the 6th May, 1897,* we expressed the opinion that the War No. 35. Tax No. 24 of 1896 did not constitute a breach of the London Convention. That Jan. 18. we would see, however, that the Memorialists relied not so much on that Convention Si as on the draft" Commandeering Treaty" of 1895 (a copy of which formed Schedule W. Butler,

to the Memorial).

That the history of that Draft Treaty was to be found in Blue Books C. 8159 and Jau, 18, C. 8423, and was briefly as follows:-

Conf..

1899.

H. C. Sir

In June, 1894, President Kruger undertook (C. 8159, pages 21-22), pending the A. Milner, negociation of amendments to the London Convention, not to commandeer British Feb. 21. subjects for personal service. Sir II. Loch (who was then High Commissioner) in- 1899. formed President Kruger (C. 8159, pages 22-23) that he had no authority to deal with the London Convention, but he enclosed the Draft of a Commandeering Convention (which he had authority to negociate) to give most favoured nation treatment to British subjects as regards personal military service and "military requisitions and demands of whatsoever nature and kind." The President replied (C. 8159, page 23) that he could not enter into a Convention without authority from the Volksraad, for which he would apply, but expressed the opinion that his previous declaration would meet all the objections and wishes of Her Majesty's Government. Sir H. Loch replied (C. 8159, page 24) that the wishes of Her Majesty's Government were set forth in the Draft Convention, and that Her Majesty's Government were entitled to receive a Convention based on the most favoured nation treatment in regard both to persons and property. He added, presumably, with reference to verbal negociations on the subject, "I apprehend that your Honour has in principle accepted this position, and it is merely for the purpose of recording this understanding in a more formal manner that I have considered it necessary again to address your Honour." To this no answer was ever returned.

Mr. Graham further stated that the Draft Convention, which at the request of the Government of the South African Republic had been styled a Treaty, was submitted to the Volksrand in February, 1895, and on the 14th February the Volksraad passed a resolution (C. 8423, page 5) by which, having in view that the Government had already promised provisionally (pending the decision of the Volksraad) not to com- mandeer any British subjects, it resolved in consequence thereof not to deal with the Treaty immediately, but to postpone the subject until its next ordinary meeting.

That in explanation of that resolution the Transvaal State Secretary, in a telegram to the Transvaal Consul in London (C. 8423, page 6), stated that “ England remains in possession of assurance of this Government that it will not commandeer English subjects." That the Volksraad was therefore of opinion that immediate action was

not necessary.

That on the 7th October, 1895, the Volksraad, after considering the Draft Treaty, passed a resolution (C. 8423, pages 9-10), in which it was stated that "considering that the Raad has no objection to complying with the request of Her Britannic Majesty's Government to place British subjects as regards military commandos on an equality

• No. 141.

11689-25-4 1902 Wt

D & S