ernment 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."
[Sidenote: England refuses to arbitrate on ground of suzerainty.]
To this the British Government replied that according to the Convention
of 1884, taken in conjunction with the preamble of the Convention of
1881, the South African Republic was under the suzerainty of Her
Majesty, and that it was incompatible with the subordinate position of
the South African Republic to submit to Arbitration any matters in
dispute as to the construction of the Convention between it and the
suzerain Power.
In order to avoid any misunderstanding as to this very remarkable
document, the exact wording of the British dispatch is
given:--[36] "Finally, the Government of the South African Republic
propose that all points in dispute between Her Majesty's Government and
themselves relating to the Convention should be referred to Arbitration,
the Arbitrator to be nominated by the President of the Swiss Republic.
In making this proposal the Government of the South African Republic
appear to have overlooked the distinction between the Conventions of
1881 and 1884 and an ordinary treaty between two independent Powers,
questions arising upon which may properly be the subject of Arbitration.
By the Pretoria Convention of 1881 Her Majesty, as Sovereign of the
Transvaal Territory, accorded to the inhabitants of that territory
complete self-government, subject to the suzerainty of Her Majesty, her
heirs, and successors, upon certain terms and conditions, and subject to
certain reservations and limitations set forth in 33 articles; and by
the London Convention of 1884, Her Majesty, while maintaining the
preamble of the earlier instrument, directed and declared that certain
other articles embodied therein should be substituted for the articles
embodied in the Convention of 1881. The articles of the Convention of
1881 were accepted by the Volksraad of the Transvaal State, and those of
the Convention of 1884 by the Volksraad of the South African Republic.
Under these Conventions, therefore, Her Majesty holds towards the South
African Republic the relation of
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