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which did not profess to alter in any way the rights of either party as fixed by the old Treaties and lapsed with the fishery season, could confer any proprietary rights on French fishermen at a time when it had ceased to be binding.

That Sir Martin Gosselin was to request that we would take the papers into our consideration and that we would favour Your Lordship with our opinion as to whether M. St. Mleux had any claim to compensation from Her Majesty's Government on account of the destruction of the factory.

That Your Lordship would also be obliged if we would add any remarks which might occur to us with regard to the case generally, and as to the terms of the note which should be addressed to the French Ambassador on the subject.

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

Report-

That, in our opinion, Her Majesty's Government is not under any obligation to pay compensation to M. St. Mleux for the damage caused by the destruction of the lobster factory on St. John's Island, Newfoundland.

There appears to be no ground for alleging any want of proper and reasonable executive control and supervision on the part of the Newfoundland Government, nor is there any complaint of the insufficiency of the punishment indicted on the perpetrator under the Criminal Law.

In these circumstances it would be impossible to concede an obligation on behalf of Her Majesty's Government to pay compensation for damage caused by a private individual.

The Marquess of Salisbury, K.G.,

&c., &c., &c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

35997

GENTLEMEN,

No. 57.

(SOUTH AFRICA.)

FOREIGN OFFICE to LAW OFFICERS.

Foreign Office, October 22, 1900. I HAVE the honour, by direction of the Marquess of Salisbury, to transmit here with, for your consideration, the papers noted in the accompanying ist, relative to the present national status of persons who were citizens of the late South African Republic and Orange Free State, and the effect thereon of the recent Proclamations whereby the territories of these two Republics have been incorporated in Her Majesty's dominions.

This question has already, to a great extent, been dealt with in the Law Officers Report to the Secretary of State for the Colonies of the 17th May last,* a copy of which has been placed at the disposal of this Department, and is enclosed for convenience of reference.

I am, however, to invite your attention to the accompanying despatch from Her Majesty's Ambassador at Berlin. It appears from this despatch that a certain M. Abraham Michalski, who became in 18 a naturalized citizen of the Orange Free State, and who has also divested himself of his Prussian nationality of origin, now claims the status of a British subject by virtue of the annexation of that Republic by Great Britain, and requests to be furnished with a passport to facilitate his return to the Orange River Colony.

Lord Salisbury, as at present advised, is disposed to think that, in this regard, no distinction can properly be drawn between persons who were natural-born or full citizens of these Republies and persons who became naturalized therein; and that. subject to the usual practice observed with regard to persons of double nationality when in their country of origin, the same principles should be followed in the case of the latter as in that of the former. In connection with the consideration of this point, a copy is enclosed of the laws of the two late Republics.

If this view should be, in your opinion, well founded, it would seem to follow, from the terms of the third paragraph of the Law Officers' Report of the 17th May, that M. Michalski cannot be regarded as a British subject, and, as such, entitled to a British passport, until he shall have actually returned to the Orange River Colony, although the effect of that decision would, for the time being, be to leave him without any national status, since the State to which he previously owed allegiance has now ceased to exist.

As it is not improbable that questions involving similar considerations may arise elsewhere, I am to request that you will take these papers into your consideration. and that you will favour Lord Salisbury with your opinion-

1. Whether any distinction of kind or degree is to be drawn between the case of a natural-born or full citizen and that of a naturalized citizen of the Orange Free State. or of the Transvaal, as to the change in his national status effected by the annexation of those two Republics-and, if so, to what extent.

2. As to the reply which should be returned by Her Majesty's Diplomatic.or Consular Representatives abroad to inquiries of a nature similar to that addressed by M. Michalski to Her Majesty's Consul-General at Berlin.

His Lordship will be glad at the same time to be favoured with any observations of

a general nature, which you may desire to offer on the papers.

I have, &c..

T. H. SANDERSON.

List of Papers.

Sir F. Lascelles

(And Minutes thereon.)

No. 37 (Treaty). October

Law Officers' Report to Colonial Office Proclamation of Field-Marshal Lord Roberts

Ditto

Political Laws of South African Republic and Qrange Free State.

7, 1900.

May 17, May 24. September 1,

+

• No. 36A.

7216-23-11 1900

Wi 324 D & S 5

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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