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PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

LONDON:

FOR

HIS MAJESTY'S STATIONERY OFFICE BY DARLING & SON, Lrn, 34-40, Bacon Strest, E

1903.

SIR,

No. 190.

(TRANSVAAL-Swaziland.)

LAW OFFICERS to COLONIAL OFFICE.

[Future Government of Swaziland.]

Royal Courts of Justice,

June 12, 1903.

We were honoured with your commands, signified to us by Mr. Bertram Cox in his letter of the 27th May last, stating that he was directed by you to request our Report upon certain questions which had arisen with regard to the condition and future government of Swaziland.

*

That in 1893 Her late Majesty's Government concluded a Convention with the South African Republic, by which the South African Republic was authorized to obtain from the Swazis powers of jurisdiction, protection and administration over Swaziland. That with a view of making the Convention of 1893 effective, an "Organic Proclamation was prepared for the signature of the Swazi Chiefs. That the Swazi Chiefs, however, never signed this Proclamation, and that, as the country was falling into a state of anarchy, Her late Majesty's Government in 1894 consented, subject to certain conditions, to the South African Republic assuming the administration of Swaziland, with or without the consent of the Swazis. That a Convention to this effect, dated the 10th December, 1894, would be found at page 93 of the Blue Book, C. 7611, 1895.

That of the conditions mentioned in this Convention the most important for present purposes was that Swaziland should not be incorporated into the South African Republic, from which it seemed to follow that the annexation of the South African Republic to His Majesty's Dominions did not include Swaziland.

That up to the commencement of the recent war the South African Republic exercised their powers under the Convention of 1894, as extended by a Protocol signed in 1898.

That since the conclusion of the war the affairs of Swaziland had been adminis- tered under the directions of Lord Milner, but whether His Lordship had acted in this matter as High Commissioner for South Africa or as Governor of the Transvaal was not clear.

That a copy of Lord Milner's Commission as High Commissioner was enclosed, and that although it might be held that Section 4 gave him a certain authority in regard to native tribes such as the Swazi, the Commission gave him no authority over white persons in that country.

That Lord Milner had recently informed you that the authority of his officers in Swaziland was being challenged, and that he urged that steps should at once be taken to place that authority beyond question. That he was anxious that Swazi- land should be annexed to His Majesty's Dominions, but that you were unwilling to take this step at present, inasmuch as certain difficult questions with regard to concessions granted in Swaziland by the native chiefs would probably arise, and that in the present circumstances of the country it appeared to you desirable to establish a Protectorate rather than annex it to His Majesty's Dominions.

That it appeared to you that although the Transvaal Government never obtained from the Swazis a concession of jurisdiction within their country, yet such juris- diction and protection was, in effect, exercised by that Government, and that Swazi- land was administered by the officers of the South African Republic. That in other words by usage and sufferance the Transvaal Government exercised rights of pro- tection and jurisdiction in the country. That you also presumed that upon annexation of the Transvaal to His Majesty's, Dominions following upon the conquest of that country, all the rights of the late South African Republic with respect to Swaziland became vested in His Majesty the King by right of conquest, and that therefore as successor to the South African Republic, His Majesty possessed by usage, sufferance and other lawful means, rights of protection and jurisdiction in Swaziland, and that in these circumstances His Majesty had power, by Order in Council made under the provisions of the Foreign Jurisdiction Act, 1890, to provide for the administration of Swaziland.

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