CO885-(15-16) — Page 117

25721

J.

No. 8GA..

(Orange River Colony.)

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice,

June 25, 1901. MY LORD,

We were honoured with your Lordship's commands signified to us in Mr. Bertie's letter of the 13th instant, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list, relating to the nationality of certain persons who were burghers of the late Orange Free State,

That Mr. Bertie was to request us to take his letter and the papers into our consideration, and to favour your Lordship with our opinion :

1. As to what, from the standpoint of international law, were the legal merits of the application made in the memorandum of the 16th of March last from the "German Embassy.

2. As to whether there was any objection from a legal point of view to releasing. from their obligations under the Proclamation such burghers of German origin as formally expressed their desire not to accept British nationality on condition that they no longer remained in the British dominions in South Africa, and,

3. Generally.

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

Report-

1. That we are of opinion that the application made by the German Embassy in the memorandum of the 16th March, 1901, is reasonable, and in accordance with inter- national usage. As we advised in our Report of 17th May, 1900, it has been usual in recent times to allow those who do not desire to become subjects of the Conqueror to leave the conquered territory within a reasonable time.

2. We see no objection to His Majesty's Government making an announcement that burghers of German origin who do not desire to become British subjects can show their election not to do so by making a declaration that they desire to retain their German nationality and transferring their domicile to German territory, and we think that under existing circumstances such conditions would be reasonable and proper.

Such a condition would not be open to the same objections as the one suggested, viz., that such burghers should no longer remain in the British dominions in South Africa, and would be in accordance with the terms agreed to by Germany on the cession of Alsace-Lorraine.

We have, &c..

(Signed)

R. B. FINLAY,

EDWARD CARSON.

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

15 PUBLIC RECORD OFFICE, LONDON

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

The Marquess of Lansdowne, K.G.,

&c., &c.,

&c.

BURGHERS OF GERMAN ORIGIN.

There is no precedent, so far as we are aware, for imposing in such a case as this the condition that the inhabitants electing not to become subjects of the Conqueror shall not remain in a particular part of the Conqueror's dominions. There is direct precedent for the course we suggest in the action of the Germans themselves as to Alsace-Lorraine.

The object really in view is to ensure that these persons leave South Africa, and we think that this can be best attained by following the German precedent, and so long as these persons leave South Africa it will not be necessary to enquire strictly whether they in fact return to Germany after they reach Europe. A similar course was, we believe, in fact, taken by the Germans in carrying out the condition imposed on those who wished to leave Alsace-Lorraine.

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