is scarcely intelligible. There can be no question that no more could be demanded than that American citizens should not be subjected to laws or regulations either affecting them alone, or enacted for the purpose of putting them at a disadvantage."

What Hall says here about the rights of the Americans flowing forth from the Treaty mentioned is in all respects applicable to the rights of British subjects flowing forth from the Convention of 1884.

The Government has now, as it earnestly hopes and trusts, given a satisfactory reply to the various points which it has pleased Her British Majesty's Government to submit to it.

The complaint which Her British Majesty's Government has advanced in an unmistakably pronounced manner over an actual or possible breach of the Convention has deeply grieved this Government, as it thinks that it has fulfilled its obligations.

It sees in the fulfilment of the mutual obligations under the Convention one of the best guarantees for the maintenance of a mutual good understanding and for the promotion of reciprocal confidence.

To this good understanding and that confidence, however, severe shocks have been given by events which cannot be lightly forgotten. And if it were not that this Government wishes to guard itself against adopting a recriminating tone, it might put the question whether, for example, the incursion of Dr. Jameson, whether considered as a breach of the Convention or a grievance, is not of immeasurably greater importance than the various matters adduced by Her British Majesty's Government would be, even if the contention that they constitute breaches of the Convention could be accepted.

There should, in the view of this Government, be a strong mutual endeavour to restore the shocked confidence and to calm the excited spirit which this Government with sincere regret sees reigning throughout almost the whole of South Africa. This Government is anxious to co-operate for this end, for the desire of the Republic, with the maintenance of its independence and rights, is for peace, and where for the reasons given it has been unable to entertain the proposal of Her British Majesty's Government in the matter of the Aliens Law, and it appears very difficult to arrive at a solution of the question by means of correspondence, it wishes to come to a permanent good understanding along a peaceful course, not only with respect to its undisturbed right to make an Alien Law, but also with regard to all points touching the Convention which are referred to in the two despatches under reply by Her British Majesty's Government.

While it respects the opinion of Her British Majesty's Govern

ment, it takes the liberty, with full confidence in the correctness of its own views, to propose to Her Majesty's Government the principle of arbitration with which the Honourable the First Volksraad agrees, in the hope that it will be taken in the conciliatory spirit in which it is made.

It considers that it has every reason for this proposal, the more so because the principle of arbitration is already laid down in that Convention in the only case in which, according to its opinion, at the time a difference could be foreseen, to wit, with regard to Article I; because it has already been proposed by Her British Majesty's Government and accepted by this Government with regard to the difference in respect of Article XIV of the Convention arising in the matter of the so-called coolie question, which was settled by arbitration; because the Right Honourable the Secretary of State, Mr. Chamberlain himself, in his letter of the 4th September, 1895, to his Excellency the High Commissioner at Cape Town, favours this principle in the same question, where he says:-" After 1886, as time went on, the manner in which this Law was interpreted and was worked, or was proposed to be worked, gave rise to complaints on the part of the British Government, and as it seemed impossible to come to an agreement by means of corre spondence, the Marquess of Ripon took what is the approved course in such cases of proposing to the South African Republic that the dispute should be referred to arbitration. This was agreed .;" because the principle of arbitration in matters such as this appears to the Government to be the most impartial, just, and most satisfactory way out of the existing difficulty; and, lastly, because one of the parties to a Convention, according to all principles of reasonableness, cannot expect that his interpretation will be respected by the other party as the only valid and correct

one.

And, although this Government is firmly convinced that a just and impartial decision might be obtained even better in South Africa than anywhere else, it wishes, in view of the conflicting elements, interests, and aspirations which are now apparent in South Africa, and in order to avoid even the appearance that it would be able or desire to exercise influence in order to obtain a decision favourable to it, to propose that the President of the Swiss Bond State, who may be reckoned upon as standing altogether outside the question, and to feel sympathy or antipathy neither for the one party nor for the other, be requested to point out a competent jurist, as has already oftener been done in respect of international disputes. The Government would have no objection that the Arbitrator be subject to a limitation of time, and gives the assurance now already that it will willingly subject itself to any

decision if such should, contrary to its expectation, be given against it.

The Government repeats the well-meant wish that this proposal may find favour with Her British Majesty's Government; and inasmuch as the allegations of breaches of the Convention find entrance now even in South Africa, and bring and keep the feelings more and more in a state of suspense, this Government will be pleased if it can learn the decision of Her British Majesty's Government as soon as possible.

I have, &c.,

C. VAN BOESCHOTEN,

His Honour Conyngham Greene.

Acting State Secretary.

(Inclosure 3.) — From the Acting State Secretary, Pretoria, to Her

(Translation.)

SIR,

Majesty's Agent.

Department of Foreign Affairs, Government Office,

Pretoria, May 7, 1897.

I HAVE the honour to forward herewith the reply of the Government to the two despatches mentioned therein, transmitted by you on the 15th ultimo.

As these despatches have already appeared in an English Blue Book, and likewise, inter alia, in newspapers in South Africa, this Government considers it highly expedient that the publication of the reply should take place without any avoidable delay.

In view of the above this Government would be pleased if, at any rate, the necessary points of importance in the reply could be telegraphed, as soon as at all practicable, to Her British Majesty's Government, in order that the publication may be accelerated. I have, &c.,

His Honour Conyngham Greene.

C. VAN BOESCHOTEN,

Acting State Secretary.

SIB,

*

Sir Alfred Milner to Mr. Chamberlain.

(Received June 5, 1897.)

Government House, Cape Town, May 14, 1897. WITH reference to Lord Rosmead's despatch of the 15th March last, and to previous correspondence on the subject of the accession of the South African Republic to the Geneva Convention, I have the honour to inclose, for your information, a copy of a despatch from Her Majesty's Agent covering a translation of a note from the

* Page 562.

Acting State Secretary of the South African Republic conveying the reply of that Government to the representations made by Mr. Greene on behalf of Her Majesty's Government on the subject.

Rt. Hon. J. Chamberlain.

I have, &c.,

A. MILNER,

Governor and High Commissioner.

(Inclosure 1.)-From Her Majesty's Agent, Pretoria, to the High Commissioner, Cape Town.

SIB,

Pretoria, May 10, 1897. WITH reference to my despatch of the 17th February, I have the honour to transmit to your Excellency herewith a translation of a note which I have received from the Acting State Secretary conveying the views of the Government of the South African Republic on the subject of the accession of the Republic to the Geneva Convention.

This note is in reply to the communication which I addressed to the State Secretary on the 17th February last, and is also the separate letter to which reference is made in the long note from the Government of the 7th instant, in reply to the representations conveyed to them by me on the 15th ultimo, which I had the honour to transmit to your Excellency in my despatch of the 7th instant. I have, &c.,

His Excellency the High Commissioner.

CONYNGHAM GREENE.

(Inclosure 2.)-From the Acting State Secretary, Pretoria, to Her

(Translation.)

SIR,

Majesty's Agent.

Ministry for Foreign Affairs, May 7, 1897. In continuation of my letter of the 25th February, I am now instructed to communicate to you the observations of the Government with reference to your note of the 17th February, dealing with the accession of the South African Republic to the Convention of Geneva of 1864.

Her Britannic Majesty's Government state that they are advised that such an accession as this is an engagement falling within the meaning of Article IV of the Convention of London, and that they feel, therefore, bound to maintain their right to have such engagements submitted to them.

Her Britannic Majesty's Government say further, that in this case they have not hesitated to advise Her Majesty the Queen to

grant her approval to the matter, since they had the intention to suggest the accession.

While I am instructed to thank Her Majesty's Government for this expression of goodwill, having regard to the advice tendered to this Government, it must, with all deference, make its opinion known, that in the case of such an accession as the present the provisions of Article IV of the Convention do not come into consideration. It is unnecessary, in their opinion, to give the assurance that, had they shared the views of the British Government, they would have hastened to fulfil their obligation under Article IV of the Convention.

They are guided in their judgment of the matter by the following circumstances :

Great Britain was herself, long before the South African Republic, one of the Parties to the Convention of Geneva. Now, Article IX of that Convention runs as follows:

"Les Hautes Puissances Contractantes sont convenues de communiquer la présente Convention aux Gouvernements qui n'ont pu envoyer des Plénipotentiaires à la Conférence Internationale de Genève, en les invitant à y accéder. Le Protocole est à cet effet laissé ouvert."

Her Britannic Majesty's Government, as well as all other Great Powers who had acceded, thereby invited this Republic formally to accede to the Convention.

That Convention was thus also known to Her Majesty's Government. They had themselves at the time attached their approval to it, and by the accession on its side this Government entered into an engagement, not only with other Powers, but also with Great Britain herself.

There can here, therefore, at least in the radical sense of the word, according to the meaning and aim of Article IV of the Convention of London, be no question of submission for approval of the engagement.

The Convention, and therefore also the accession, are not in conflict with, but, in the opinion of this Government, conducive to, the interests of Great Britain.

The Government submit the above-mentioned view with confidence to an unconstrained and natural interpretation of Article IV of the London Convention, and have every reason to expect that it will be shared by Her Majesty's Government.

C. VAN BOESCHOTEN,

I have, &c.,

His Honour Conyngham Greene.

Acting State Secretary.