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PUBLIC RECORD OFFICE

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Reference :-

MC.O. 885

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

15 PUBLIC RECORD OFFICE, LONDON

2

take possession of all property belonging to the conquered State, and he might probably enforce, in the Courts of his own country at all events, the payment of any debts which were due to the conquered State, but liability for mere wrongful acts stands on a totally different footing from debts, and I do not think that the right to exact compensation for wrongs can be treated as passing to the conqueror as part of the property of the conquered State. I am, of course, not speaking of liability to make restitution of property, or the proceeds of property which belonged to the conquerel State, and no such claim is here in question,

•

There is therefore, in my opinion, no legal liability on the part of the Chartered Company to pay to His Majesty's Government as representing the Government of the late South African Republic, any compensation in respect of the raid.

It would however be eminently just that the Chartered Company should bear the expense of compensating any persons in the Transvaal who sustained loss by the raid. Any sum under this head, though it cannot be exacted by any legal process, would probably be admitted by the Chartered Company, and should be paid to His Majesty's Govern- ment, by whom, through the Colonial Government of the Transvaal, it would be The same observation applies with regard administered for the relief of individual cases.

to the claims of any persons from whom supplies were ordered for the purpose of meeting the raid, if there are any such claims which have not been already paid. I cannot see that any such equity arises with regard to the expenses incurred by the late Government loss owing of the Transvaal in the matter, as it is not easy to suppose that His Majesty's

any

purpose. Government, or the Colonial Government of the Transvaal, has sustained to payments made from the Treasury of the South African Republic for this

If the question of the liability of the Chartered Company is pushed in Parliament, it would probably rest upon an underlying idea that it is fair that the Chartered Company should make some contribution in relief of the tax payers of the Transvaal, on the ground that the Company are responsible for what may be regarded as the political consequences of the raid. There is, in my opinion, no legal liability whatever, and it is not my province to enter into questions of policy.

The Right Hon. Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

I have, &c.,

R. B. FINLAY.

9232

SIR,

No. 79.

(GENERAL)

ATTORNEY-GENERAL TO COLONIAL OFFICE.

Royal Courts of Justice, March 13, 1901.

I was honoured with your commands signified in Mr. H. Bertram Cox's letter of the 7th instant stating that the question whether, in connection with the Accession of His Majesty some alteration should be made in the Royal style and title of the Crown, with a view to the recognition therein of the separate and greatly increased importance of the Colonies, had been under your consideration.

That the views of Ministers in the several self-governing Colonies had been ascer tained confidentially. That they had all strongly expressed their approval of the idea of some such change, and that the alteration which had been (practically) unanimously approved, was the addition to the present title of the words "King of all the British Dominions beyond the Seas."

"That there could, you thought, be no doubt that the proposed alteration, if made, would tend to increase and strengthen that unity of sentiment and aspiration between Great Britain and her Colonies which had been so signally evinced during the past two years. That the question, however, had arisen as to the manner in which the proposed alteration could be effected, and that Mr. Bertram Cox was to ask me to favour you with my opinion thereon.

That apparently up to the close of the 18th century alterations in the Royal style and title were not infrequently made by the exercise of the Sovereign's prerogative alone, statutes ratifying such alterations not being discoverable in many cases. That references to the various titles borne by the Crown were to be found in Comyn's Digest tit. roy.,- and in Lord Coke's works, Co. Lit. pl. 7b, 4 Ins., pp. 344, 347, &c., and in other works dealing with the topic, but that few references were to be found to any statutory authority for such titles; that the Irish Statute 33 Henry VIII., c. 1, which substituted the title "King of Ireland" for that of "Lord of Ireland," and the English Statutes 26 Henry VIII, c. 1. and 35 Henry VIII., e 3, which gave the King the titles of "Defender of the Faith" and "Supreme Head of the Church" appeared to be exceptional.

But that by the Act for the union of Great Britain and Ireland (39 and 40 Geo. III., c. 67) it was expressly provided that "the Royal stile and titles appertaining to the Imperial Crown of the United Kingdom and its dependencies" should be such as His Majesty by His Royal Proclamation under the Great Seal of the United Kingdom should be please to appoint (Art. 1, and that by a Proclamation dated the 1st of January, 1801, His Majesty appointed and declared that the Royal style and titles should be in Latin Dei gratia Brittanniarum Rex, Fidei Defensor," and in English "by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith."

That the present style and titles of the Crown (other than the title "Emperor of India" assumed under the Act 39 & 40 Vict., c. 10) therefore rested on the Act 39 & 40 Geo. III., c. 67; but that it seemed open to doubt whether that enactment, the object of which was to ratify and confirm by legislation in the Parliament of Great Britain certain Articles of Union between the Kingdom of Great Britain and the Kingdom of Ireland, one of which provided for a recognition of such Union in the Royal style and titles, could be deemed to have taken away the power of the Crown by its prerogative to add to, or render more explicit, the Royal style and titles fixed by Proclaination under that Statute,

That if, however, after the passing of that Act the Royal power of altering by an exercise of the prerogative the style and titles of the Crown was limited, another question arose, namely, whether the power of fixing the Royal style and title given by that Statute had been exhausted, or (in other words) whether an alteration of the kind now con- templated could not be made by a Proclamation issued under that enactment.

was

That in connection with those questions Mr. Bertram Cox was to call attention to the following points, namely that notwithstanding, the title "King of Ireland" affixed to the Crown by the Irish Act 33 Henry VIII., c. 1, and the full style and title of the Crown were ratified and confirmed by the Statute 35 Henry VIII., c. 3, and thus the

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