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PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

7379.

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MY LORD,

No. 73.

(TRANSVAAL.)

ATTORNEY-GENERAL TO FOREIGN OFFICE.

Royal Courts of Justice,

February 16, 1901.

I was honoured with your Lordship's commands signified in Mr. Bertie's letter of the 11th instant stating that he was directed to transmit to me the enclosed correspondence in which the question was raised by the High Commissioner for South Africa whether the Treaty of Friendship and Commerce of December, 1875, between the late South African Republic and the King of Portugal was to be regarded as ipso facto terminated by the conquest of the Republic.

That in that, as in certain other cases of Treaties concluded subject to the stipulations of the Conventions of 1881 and 1884, a question arose whether the fact that Her late Majesty Queen Victoria, as Suzerain, assented to the completion of a Treaty, fettered His Majesty's Government in any way so as to prevent such Treaty from being regarded as having lapsed owing to the annexation of the South African Republic.

on

That Mr. Bertie was to request me to furnish Your Lordship with my opinion the point raised by Sir A. Milner in his telegram No. 42 of 18th January last, together with any general remarks I might have to offer on the documents submitted to me.

I have taken the matter into my consideration, and, in obedience to Your Lordship's Pominands, have the honour to

Report―

That in my opinion the fact that Her late Majesty, as Suzerain, assented to the com- pletion of a Treaty between the Transvaal Government and another Power in no way affects the question of the lapse of such Treaty owing to the annexation of the South African Republic.

The Treaty was one with the Government of the Transvaal as a separate Power subject only to the restrictions imposed by the Conventions, and the consent of Her Majesty was given merely as Suzerain of the Transvaal. The fact of such assent can, in my opinion, in no way affect the question of the lapse of the Treaty when the Transvaal has become part of His Majesty's dominions. It inay, however, have some bearing on the question of policy as to how far His Majesty's Government should be prepared to enter into new obligations containing provisions similar to those contained in any Treaties with the Transvaal which may have lapsed owing to annexation.

In the meantime it may possibly be considered expedient, pending the conclusion of any further Treaty with Portugal, to intimate that the same advantages will be granted provisionally as were enjoyed under the Treaty, the Portuguese Government, of course, Conceding the like advantages to His Majesty's subjects in the Transvaal.

I have, &c.,

The Marquess of Lansdowne, K.G.,

&c.. &c.,

&c.

8230-25-2/1901 Wt 324 D & B 5

R. B. FINLAY.

15 PUBLIC RECORD OFFICE, LONDON

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