Nr. 12035. Republik. Weitere Verhandlungen zwischen Grofsbritannien, der Südafrikanischen Republik und dem Oranje - Freistaat bis zum Ausbruch des Krieges.*) Nr. 12035. SÜDAFRIKANISCHE REPUBLIK.- Der Staatssekretär an den englischen Agenten in Pretoria, Schlägt die Einsetzung eines Schiedsgerichts vor.**) Ministry for Foreign Affairs, Pretoria, June 9, 1899. Sir, I have the honour to inform you that this Government desires Südafrikan. once more to approach Her Majesty's Government on the question already on 9. Juni 1899, several occasions suggested by it, of arbitration on differences arising out of the varying interpretations approved by the parties, of the terms of the London Convention. || This Government takes this course in asmuch as it is convinced that it is also the desire of Her Majesty's Government to advance the peaceful development of South Africa, and because it was apparent to it at the recent Conference at Bloemfontein that His Excellency the High Commissioner also is personally in favour of removing differences between this Government and Her Majesty's Government by arbitration. It is for this reason that this Government once more approaches Her Majesty's Government hereby; and it is convinced that His Excellency the High Commissioner will be ready to submit this proposal to a favourable consideration of Her Majesty's Government. This Government desires therefore to submit the following proposal to Her Majesty's Government: 1. All future differences between the two Governments arising out of varying interpretation of the London Convention, shall, subject to what is set forth under paragraph 3, at the instance of this Government or of Her Majesty's Government, be referred to an arbitration-tribunal, on the understanding, however, that no matters or differences of trifling importance shall be submitted to arbitration. || 2. The arbitration-tribunal shall consist of an arbitrator to be nominated by this Government, and an arbitrator to be nominated by Her Majesty's Government (as for example the Chief Justices respectively of the South African Repuplic and the Cape Colony or Natal). *) Blaubücher C. 9518, 9521, 9530. Chamberlain erhielt den Wortlaut am 30. Juni zur Kenntnis. Telegraphische Nachrichten waren vorhergegangen. Red. Südafrikan. These two must agree respecting a third person, who shall act as President Nr. 12035. of the arbitration-tribunal, this person not to be a subject of one of the arbi- Republik. trating parties; and failing agreement upon this point, the two Governments 9. Juni 1899. shall together name a president; the decision in every case to take place by a majority of votes. || 3. The Act of submission shall in every case be drawn up jointly by the two Governments, so that each shall have the right to reserve and exclude points which appear to it to be too important to be submitted to arbitration, provided that thereby the principle itself of arbitration be not frustrated. || 4. The arbitration-tribunal shall itself decide the place of its sittings, and shall deal as it thinks fit with the condemnation of parties in the costs, unless special arrangement has been made concerning these points. in the Act of submission. || 5. The regulations of procedure of this arbitrationtribunal can be similar to those agreed to by the Insitute of International Law in the Hague in 1875, in so far as they do not conflict with the foregoing provisions, and in so far as they do not conflict with the foregoing provisions, and in so far as they are not amended by both parties in the Act of submission. || 6. In order to obtain a test of the suitability of such a tribunal, this Government has no objection to its being agreed that this reference of Conventional differences shall provisionally take place for a period of five years. If Her Majesty's Government should agree in principle with this Government upon the above-mentioned scheme, it can (with such alterations in detail as may be agreed upon) be secured in a treaty, if necessary, for a fixed period. || In conclusion, this Government desires further to make the following clear. By the acceptance of a scheme of arbitration, more or less like that set forth above, would not only all Conventional disputes which present themselves be amicably solved, but the peaceful development of South Africa would also thereby be advanced in a surprising degree. || Owing to the pressure of races in South Africa which, as Her Majesty's Government is aware, is principally a legacy of the past, South Africa is today in this fatal position, that, as soon as a dispute arises between this Government and Her Majesty's Government, war is spoken of by the one party, and thereby again the slumbering suspicions of the other party are awakened. In this manner party feeling and race hatred are more and more increased, and the minds of the public are held in such a state of tension, that the whole of South Africa suffers most deeply under it, and is bowed down thereby. Having regard to this serious danger that is spreading a dark cloud over the otherwise fair future of South Africa, and in full confidence that Her Majesty's Government will not refuse to work with it in order to reconcile races in South Africa, and to cause old feuds to give way to a new spirit of co-operation and progress, this Government once more makes this appeal for arbitration from its feeling, not alone of right and equity, but also of anxiety for the future of this our beloved portion of the world. F. W. Reitz, State Secretary. Nr. 12036. Grofsbritannien. Nr. 12036. GROSSBRITANNIEN. Der Gouverneur der Kapkolonie an den Agenten in Pretoria. Er kann den Vorschlag des Schiedsgerichts nicht empfehlen. Government House, Cape Town, June 23, 1899. Sir, I have the honour to acknowledge the receipt of your despatch of the 10th instant, forwarding a note from the Government of the South African 23. Juni 1899. Republic, in which they submit proposals to Her Majesty's Government for referring to arbitration future differences between the two Governments arising out of varying interpretations of the London Convention. || I request that you will return a reply to the Government of the Republic to the following effect: The State Secretary in his note alleges, as one reason for advancing these proposals, that "it was apparent at the recent Conference at Bloemfontein that His Excellency the High Commissioner also is personally in favour of removing differences between this Government and Her Majesty's Government by arbitration"; and he states that his Government "is convinced His Excellency will be ready to submit his proposal to the favourable consideration of Her Majesty's Government." || I have submitted this proposal to Her Majesty's Government, but I am not able to recommend its acceptance. As I pointed out to the President at Bloemfontein, I consider that the question of finding a remedy for the grievances of the Uitlanders is the burning question of the moment, and this has to be disposed of before other matters can be profitably discussed. The adoption by the Government of the South African Republic of measures calculated to lead to an improvement in the position of the Uitlanders, would so improve the general situation, that outstanding differences between the two Governments could be considered in a calmer atmosphere, and would be more capable of adjustment. Under these circumstances it might be possible to devise a scheme for referring at least a certain number of differences to arbitration, but as the Government of the South African Republic has not seen its way to meet Her Majesty's Government on the question of primary importance, I can see no use in approaching the delicate and complicated subject of arbitration at the present time. Over and above this, I do not consider the scheme now proposed to be a practicable one. To make no mention of other objections, the constitution of the suggested Arbitration Court, which would leave every decision virtually in the hands of a President, who it is provided shall not be a subject of either of the arbitrating parties, does not conform to the fundamental principle which as I more than once stated at Bloemfontein, Her Majesty's Government would regard as a sine qua non to the acceptance of any scheme of arbitration. A. Milner, Governor and High Commissioner. Nr. 12037. SÜDAFRIKANISCHE REPUBLIK. — Gesetz über die politische Stellung der Ausländer. 26. Juli 1899. Südafrikan. The following is the full text of the new Franchise Law, which comes Nr. 12037. into force to-day: Whereas it has appeared desirable to amend and Republik. amplify certain provisions of the laws with reference to naturalisation and the 26. Juli 1899. obtaining of the full franchise; and || Whereas these amendments will not permit of delay by being published three months beforehand in terms of Art. 12 of the Grondwet, and as they have already been accepted by the people in principle; || It is hereby enacted that: - Art. 1. Each white male stranger, who has reached the age of sixteen years, and who settles or has settled in the South African Republic with the intention of residing there, shall in future be able to obtain letters of naturalisation, provided that he fulfils the following provisions and enactments: - || (a) The applicant shall produce a certificate from the Fieldcornet and the Landdrost of his ward and district, countersigned by the Commandant of the district, to show that he was, during the time required in his case preceding the naturalisation, continually registered on the Fieldcornet's list; was during this time domiciled in the South African Republic; and during this time obeyed the laws of the land and committed no crime against the independence of the South African Republic. || If the Fieldcornet and Landdrost are not from their personal knowledge able to grant such certificate, they shall do so on the strength of affidavits of the applicant and two wellknown fully enfranchised burghers of the ward and district, declaring that the applicant has, during the necessary period, been domiciled in the South African Republic, and has during that time obeyed the laws of the land, and has committed no crime against the independence of the South African Republic. If the Fieldcornet and Landdrost and Commandant refuse to grant such certificate or to sign it, the applicant may appeal to the Executive Council. If the Fieldcornet's books are destroyed or lost the applicant shall prove to the satisfaction of the State Secretary and State Attorney, by means of affidavits, that he was registered. || (b) The applicant shall produce a sworn declaration made by himself to the effect that he has had no dishonouring sentence passed on him, and shall produce further proof of good behaviour. By dishonouring sentence shall be understood a sentence for the crimes of high treason, murder, rape, theft, fraud, perjury, or forgery. || (c) The applicant shall produce proof that he possesses unmortgaged fixed property to the value of £150, or pays rent to the amount of £50 per annum, or draws a fixed salary or wage of £100 per annum, or makes an independent living by farming or cattle-breeding. || (d) The person desiring to be naturalised shall, before the official granting of the letters of naturalisation, take the following oath, by which he will be understood to renounce and give up all burgherrights enjoyed in and burgher duties and subjection to any State or ruler: Republik. Nr. 12037. I swear (or I solemnly declare that the taking of an oath is not permitted Südafrikan. by my religion, and promise), faithfully in all righteousness, and in terms of 26. Juli 1899. Law No. *), of 1899, with which I declare to be acquainted, that I shall be loyal to this State, shall honour and support its independence, shall subject myself to the Grondwet and the lawful authorities of the land, and shall in all respects conduct myself as it behoves a loyal burgher of this State. So truly help me God or that I solemnly promise. || Before a person who has already been naturalised is admitted to the full franchise, he shall, when he makes application therefore, besides fulfilling the other requirements of this Law, again produce proof of fulfilment of the provisions and enactments of Sections a, b and c. || No person shall be entitled to or be allowed to obtain letters of naturalisation or full franchise unless he has fulfilled the aforementioned provisions, with the exception of cases for which this or any other Law makes special provision. Art. 2. Each person who comes or has come to the South African Republic to stay shall, after at least two years, and after fulfilment of the provisions of Art. 1, be able to obtain letters of naturalisation, and shall, at least five years after naturalisation, be able to obtain the full franchise, provided that in both instances, six months before the expiration of the fixed period, he gives written notice of his intention to apply therefore to the State Secretary through the Fieldcornet and Landdrost of his ward and district. The Fieldcornet shall be bound under pain of a fine of not more £10 in each case of neglect to send this notice to the State Secretary through the Landdrost as soon as possible, and at the most within thirty days of the sending in thereof, for publication in the Staatscourant for general information and the State Secretary shall without loss of time publish such notice three consecutive times in the Staatscourant. -- Art. 3. Each person who comes or has come into the South African Republic to stay shall, at least seven years after sending in to the Fieldcornet a notice of his intention to be naturalised, in accordance with the form contained in Schedule A, be able to obtain letters of naturalisation with the full franchise on fulfilling the provisions of Art. 1. || Such notice shall be sent by the Field-cornet to the State Secretary and be published by him, all under the same provision and punishment as set forth in the foregoing Article. If the person desires to obtain letters of naturalisation with full franchise after seven years, he shall also, at least six months before the expiration of the period, give written notice to the State Secretary, the Fieldcornet, and Landdrost of his ward and district. This notice shall also be sent to the State Secretary by the Fieldcornet, and the latter shall publish it in the Staatscourant, all under the same provision and punishment as set forth in Art. 2. The applicant shall then, on application for the letters of naturali Die Lücke ist im Original enthalten. |