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41848. 3

SIR,

No. 63.

(SOUTH AFRICA.)

LAW OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice,

December 21, 1900.

•

We were honoured with your commands signified in Mr. Bertram Cox's letter of the instant, stating that with reference to the report of our predecessors of the 4th July, 1898, and to previous reports concerning the complaint of Mr. Hess against the late Government of the South African Republic in respect of the suppression of the "Critic" newspaper, he was directed by you to transmit to us copy of correspondence which had passed between the Colonial Office and Mr. Hess, together with certain other documents bearing upon the questions raised.

That the earlier history of this matter would be found in the Parliamentary Papers, 1897 (C. 8423) and 1899 (Č. 9345), copies of which were enclosed in Mr. Bertram Cox's

letter.

That it would be observed that Mr. Hess, in his letter of November 21st, pressed Her Majesty's Government, as successors of the Government of the late South African Republic, to deal with his claim.

That it appeared to you that it would be difficult for Her Majesty's Government, having admitted that Mr. Hess had ground of complaint by undertaking diplomatic intervention on his behalf, to decline to take over the liability of the late Government of the South African Republic, to give fair and reasonable compensation to Mr. Hess in respect of the matters complained of, or, in the event of his taking action in the Transvaal Courts, to set up the defence that such suppression was justified by the law existing at the time of such suppression. That, on the other hand, it would seem desirable, especially with a view to clearing up the exact relations of the "Critic" and the " Transvaal Critic which took its place, that the compensation given to Mr. Hess should be carefully assessed, and that every effort should be made to restrict the amount of compensation given him within fair and reasonable limits.

That Mr. Bertram Cox was accordingly to request us to take these papers into our consideration and to advise you—

1. Whether, under all the circumstances of the case, Her Majesty's Government should admit the liability of the Government of the Transvaal Colony to compensate Mr. Hess for the action of the late Government of the South African Republic in the suppression of the "Critic" newspaper.

2. Whether Mr. Hess should be informed that he should commence an action in the Transvaal Courts against the Government of the Transvaal Colony as successors of the late Government of the South African Republic, and that in that case the Transvaal Government would admit the liability to compensate, reserving the right to defend the action on the question of the amount of damages.

3. Whether, before any decision of Her Majesty's Government upon the matter is arrived at, Mr. Hess should be asked to specify the amount of compensation clained by him, and the particulars of the losses he alleges he has incurred.

4. What answer should be returned to Mr. Hess's letter of November 21st.

5. Generally.

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

Report-

1. That we advise that Her Majesty's Government should not admit the liability of

the Government of the Transvaal Colony to compensate Mr. Hess for the action of the lute Government of the South African Republic.

any

such

It has never been laid down that the conquering State takes over liability for wrongs which have been committed by the Government of the conquered country, and contention appears to us to be unsound in principle.

No 178 in Vol. V.

7617-26-12/1900 Wt 324 D & S

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PUBLIC RECORD OFFICE

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TPEPEC.O. 885

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