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"1.—Netherlands Treaty.
On the 9th November 1895, an Extradition Treaty between the
South African Republic and the Netherlands was signed at the
Hague, and the ratifications were exchanged on the 19th June
last, without the Treaty being submitted for the approval of
Her Majesty. The case was therefore one of a clear infraction
of the Convention, inasmuch as the Treaty had not been
submitted to Her Majesty's Government on its completion, and
had been concluded by the exchange of ratifications without
obtaining the previous approval of the Queen. The Government
of the South African Republic, on their attention being called
to the infraction, did not deny that there had been a
departure from the general practice, but urged that they had
made no publication of the Treaty in anticipation of the
approval of Her Majesty. The Treaty had, however, been
published in the 'Netherlands Gazette' of the 3rd July, and I
observed that when the Treaty was published in the 'Staats
Courant' of the South African Republic after Her Majesty's
approval had been given, the official notice merely stated
that the Treaty was signed and ratified on certain dates, no
reference being made to that approval.
"3.—Portuguese Treaty.
An Extradition Treaty between the South African Republic and
Portugal was signed on the 3rd November 1893, but, contrary to
the usual practice, has not yet been submitted for the Queen's
approval, although two years have elapsed since Lord Ripon, in
his Despatch of the 25th February 1895, requested your
predecessor to call the attention of the President to the
omission to communicate this Convention to Her Majesty's
Government under the provisions of Article IV. of the London
Convention. … I now pass to the consideration of some of the
recent legislation of the Volksraad in its relation to Article
XIV. It will be found that it involves in more than one case
actual or possible breaches of the Convention. Article XIV.
runs as follows:—'All persons, other than natives, conforming
themselves to the laws of the South African Republic
(a) will have full liberty, with their families, to enter,
travel, or reside in any part of the South African
Republic;
(b) they will be entitled to hire or possess houses,
manufactories, warehouses, shops, and premises;
(c) they may carry on their commerce either in person or by
any agents whom they may think fit to employ;
(d) they will not be subject, in respect of their persons
or property, or in respect of their commerce or industry,
to any taxes, whether general or local, other than those
which are or may be imposed upon citizens of the said
Republic.'
"In several of the cases above cited, the strict letter of the
Convention could apparently have been observed without any
difficulty, while in others the objects which the Government
of the South African Republic had in view could have been
attained without any infringement of the Convention by a
previous understanding with Her Majesty's Government. Her
Majesty's Government therefore cannot conceal from themselves
that the Government of the South African Republic have in
these cases failed to give effect in practice to the
intention, so frequently expressed in public and official
utterances, of upholding the Convention on the part of the
Republic, and of maintaining that good understanding with Her
Majesty's Government which is so necessary in the interests of
South Africa."
Great Britain,
Papers by Command: 1897, C.—8547.
SOUTH AFRICA: The Transvaal: A. D. 1897 (January-March).
Conflict of the Judiciary with the Executive and the Volksraad.
The case of R. E. Brown.
The promised amendment of the Grondwet was not made, and the
issue concerning it was brought to a crisis in the next year.
{475}
Great Britain,
Papers by Command: C.—8404, 1897; and C.—8721, 1898.
VI. Neither the Secretary of State for the Colonies nor any of
the officials of the Colonial Office received any information
which made them, or should have made them or any of them,
aware of the plot during its development.
{477}
Contemporary Review,
July, 1897.