CO885-(15-16) — Page 26

11072.

MY LORD,

No. 30.

(SOUTH AFRICA.)

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice,

April 3, 1900. We were honoured with Your Lordship's commands signified to us in Mr. Bertie's letter of the 27th ultimo, on the subject of the proposed payment of renewal fees on Patents in the Orange Free State by certain English clients of Messrs. Stanley and Popplewell, Patent Agents, who are the owners of the Patents in question.

Mr. Bertie was to request that we would take the facts into our consideration, and to favour Your Lordship with any observations we might have to offer on the effect which they might have had on those who, as in the case of Messrs. Stanley and Popple- well's clients, had relations with the Government of the Orange Free State; and generally on the rights and duties of Her Majesty's Military Forces in regard to the civil administration of the occupied territory.

We have taken the matter into our consideration, and in obedience to Your Lord- ship's commands, have the honour to

Report

Her

That the Orange Free State cannot be considered as a conquered country. Military occupation is in its nature merely provisional, and it is only a portion of the Orange Free State which is even under military occupation by the British forces. Majesty's Government have not finally assumed the administration of the Free State, and if persons in the position of Messrs. Stanley and Popplewell's clients were directed to pay fees to the Commander of the British forces, or to the British Government, this would be a step inconsistent with the essentially provisional nature of military occupa- tion, and would involve an obligation to indemnify such persons in eventualities, which, though not probable, are possible. We think that the attitude which has been already adopted should be adhered to, and that no directions should be given with reference to the payment of such fees.

Military occupation involves the displacement of the ordinary Government of the country only so far as this is necessary for military purposes, to which everything else must be subordinated.

The subject is well treated by Rivier, "Principes du Droit des Gens," Volume II. page 299 et seq., and speaking generally the Articles contained in section III. adopted at the Hague Conference fairly express the state of things which results from military occupation. It is merely a step in the prosecution of the war and does not amount to a displacement of the existing Government, except so far as is necessary for the pur- poses of the war.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

The Marquess of Salisbury, K.G.,

&c.,

&c.,

&c.

8374-23--4 1900 Wt 321 D&S

'| | | |

PUBLIC RECORD OFFICE

Reference :-

mmimmimC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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