CO885-(15-16) — Page 76

PUBLIC RECORD OFFICE

ول

Reference :-

「 ༴」 「 ། ། .....................C.O. 885

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

15 PUBLIC RECORD OFFICE, LONDON

4

We think that obligations incurred during the war, or in contemplation of the war, stand upon a different footing, and we do not know of any principle of Inter- national Law which would oblige Her Majesty's Government to recognise such obligations.

As to the class of “obligations" known as concessions we have already advised,* and pointed out certain general considerations and limitations.

3. Her Majesty's Government, as successor to the Governments of the South African Republic and the Orange Free State, are bound to take over the public debts of these States as a charge thereon, but not, of course, as debts payable otherwise than from Revenue derived from the conquered States respectively.

(a) The conditions attaching to such debts will still continue, but it will be open to Her Majesty's Government to alter such conditions in any respect that may be more equitable, having regard to the altered con- dition of affairs.

1

(b) Her Majesty's Government are bound to pay any instalments of principal and interest which may be due in so far as they have revenue from the conquered territory available for that purpose.

4. The contract of Messrs. Spicer and Son with the Transvaal Government has not been executed by delivery. It seems to belong to the class of contracts which, in their very nature, are conditional upon the continued existence of the Transvaal Government as the South African Republic, and being executory only not capable in strictness of being regarded as binding on the conqueror. But if Her Majesty's Government can utilize the paper they might buy it from Messrs. Spicer as a fair concession to them. This course would avoid the creation of what might prove an awkward precedent if the right to damages for non-acceptance were recognised.

5. Nothing further occurs to us to add.

The Right Honourable J. Chamberlain, M.P.,

&c.,

&c.,

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

&c.

• See No. 44.

39956

SIR,

No. 61.

(JAMAICA,)

LAW OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice, December 6th, 1900. WE were honoured with your commands signified to us in Sir M. F. Ommanney's Crown letter of the 21st ultimo, stating that he was directed by you to transmit to us the Agents to despatches and other documents noted in the margin with reference to certain questions Colonial

Office, which had arisen in connection with an issue of Debentures by the Government of 19 Sept.,

Jamaica.

1900.

That on the 9th August, 1899, the Royal Assent was given to the Colonial Loans Secretary

›

Admini-

Act, 1899, empowering the Treasury to make loans to certain Colonies, including Jamaica, of State to

Officer for the purposes set forth in the schedule of the Act.

That a condition precedent to the making of advances under the Act was to be the stering the passing by the Legislature of the Colony concerned, of Laws providing inter alia for the Govern- charging on the general revenues and assets of the Colony, with priority over any ment,20ct., subsequent charges, of the principal and interest of the loans.

1909.

Officer

ment to

Secretary

That, in pursuance of this Act of the Imperial Parliament, the Legislature of Admini- Jamaica had passed four Laws, viz., Nos. 1, 2, 36, and 39 of 1900, which received the stering the Governor's assent on the 7th March, the 14th March, the 12th July, and the 16th Govern July respectively.

That each of the Laws, with the exception of Law 39 of 1900, which was to be read of State, with Law 2 of 1900, contained a section in identical terms charging the principal moneys 24 Oct., borrowed under the Law, and the interest thereon, upon the general revenues and assets 1900. of the Government, with priority over any charges thereon not existing at the passing of that Law.

Colonial

Loans Act, 1899.

That the following sums had been advanced by the Treasury under those Laws, viz., Jamaica in April, 1900, £110,000, under Law 1; on 21st July, 1900, 2105,000 under Law 2; Law 28 of 1899. and in September, £20,000, under Law 36,--this last advance having been regarded as

Jamaica in substitution for a like amount advanced under Law 2, which advance was thereby Law I reduced to £85,000.

of 1900.

of 1900.

Law 39

That on the 27th June, 1899, the Governor of Jamaica gave his assent to Law 28 of Jamaica 1899, entitled "The Kingston Improvements Further Loan Law, 1899," section 1 of Law 2 which empowered the Governor to raise Debentures for a sum not exceeding £50,000, Jamaica and section 2 of which made the principal moneys and interest secured by the Debenture Law 36 chargeable in certain circumstances on the general revenues and assets of the Government. of 1900. That on the 6th of July, 1900, the Government of Jamaica issued an advertisement Jamaica calling for tenders for £10,000 worth of the Debentures to be raised under Law 28 of of 1900. 1899. That the tenders were to be receivable up to noon on the 30th of July; that Jamaica scrip certificates were to be issued on receipt of the amount of any accepted tender to be Law 13 exchanged for Debentures, dated 1st of January, 1901, but that interest was to be paid of 1885. from the date of the receipt of the money. That there was no mention in that advertise- Law 17 ment of any loans having priority over the Debentures as a charge on the general revenues of 1891. and assets of the Colony.

Jamaica

Jamaica

That on the 25th of August the Acting Colonial Secretary of Jamaica wrote to the Law 20 Crown Agents requesting that a form of Debenture under Law 28 of 1899 might be printed.

of 1892.

Jamaica

Law 33

That in a letter to the Colonial Office, dated the 19th of September, the Crown of 1894. Agents called attention, inter alia, to the fact that neither the form of Debenture nor the advertisement contained any reference to the priority of the loans, under the Colonial Loans Act, as a charge upon the revenue and assets of Jamaica.

That on the 2nd of October you caused an enquiry to be addressed to the Officer Administering the Government of Jamaica on the subject, to which he replied on the 24th of October, contending that the loans under the Colonial Loans Act were not the only charges on the revenue and assets of Jamaica, which were prior to the charges imposed by the Debentures, and that it would not be necessary or advisable to set forth in the Debentures a full schedule of the existing debt of the Colony.

That Sir F. Ommanney was to observe that, so far as was known, the Officer Administering the Government was mistaken in supposing that there were any other

7397-25-12 1900 WL324 D&S

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