The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-06-05
THE TRANSVAALS RIGHTS.
PLEA PRESENTED TO GREAT BRIT
AIN BIZ DR.. LEHRR.

U~sgiasa's RsnunciAtIsn or sussrsinty over
tho Ssnth African Repuhlie-PresidsntH rue-
Ger's Caso-Th Chansss RmpoFoF ~ ne
Appeared at an Audience at Pekin.
LONDON, May 27.-Interost in the really i'm.
portant question OF South Africa has been re-
Vivod by Or. Leyds's despatch, dated Pretoria,
April 10. which has been publiShed during the
week. To say "Krngor repudiates British
Suzerainty over the South African republic 10
hardly q fair way Of stating the actual casa In
international dealings the term "repudiation"
almost unavoidably connotos the idea of wilful
failure to fulnl some Just obligation. But KrG-
ger maintainB that hero no obligation exists;
that British suEorainty 10 absolutely non.exist-
emit, inasmuoh as 1t was abolished by Britain
herself In tho London convention of 1884.
Those who have followed South African If.
fairs of late years will not need to bo told that
the wise old man of Pretoria is able to mako out
very strong case for himself. a. tho following
necessarily soant digest of the deSpatch of DR..
LoydS, the Secretary of State, will clearly show.
Before COMING to the actual despatch 1t may
Do we'll to recall one or two dates. The indie
pondonoo OF the Transvaal was first recognised
by tho British Grown in 1889. In 1873 the
Beers wero defeated by the natives, the country
was bankrupt and In q state OF anarchy. and to
save 1t from further disaster Sir Theophilus
6hopstone proclaimed It British territory. In
December. 1880. the republic once more raised
its flag, and after the British defeat at Majuba
Hill, in February. 1881. its Independence was
once moro recognized.
In 1881 the convention of Pretoria consti-
tutod and defined tho terms Of the suzerAinty
retained by Britain. In his despatch DR.. LcydS
quotes Lord KimberlOy's despatch of March 81.
1881. Lord Kimberley was then Colonial SEQ
rotary. He said:
Entire freedom Of action will be accorded to
the Tr0nsvaal Government 30 far as 10 not In
consistent with the rights expressly reserved to
the su1erain power. Tho term suzerainty has
been chosen az most conveniently describing su.
periority over o State possessing Independent
rights Of government subject to reservations
with reference to certain specified matters.
The most material Of those reserved rights Is tho
control Of the external relations Of the future
Transvaal State. which will DO vested in the
British Government. including, Of course, tho
conclusion Of treaties and the conduct Of diplo-
matte intercourse with foreign powers"
And q moro definite specification of the rights
Of the British Government was clearly laid
down In the convention Of 1881.
DR.. Leyds then explains the circumstances In
which the London convention of 1884 was nego-
tiated. "In tho year 1888" he says. "a depu.
tation was sent to London with q view to obtain
the abolition Of the suzerainty. This deputation
negotiated . new convention In 1884, from
which tho word 'suzerainty' and the stipula-
lions In regard thereto were removed. In their
report, published In 1884, tho doputation stated
that the new convention put an end to the Brit
iBh suEo rainty."
Acting on that report tho volksraad ratified
the London convention. DR.. Leyds proceeds to
point out that In tho Pretoria convention of 1881
the term "suzerainty oocurs. The 1883 depu-
tation objected to IL. and in the London conven-
ton of 1884 It disappeared. The Transvaal now
maintains that tho omission was deliberate. In
letter to Lord Derby dated Feb. 4. 1884, the
doputation made 1t clear that they expected an
agreement to DO contained in the articles relative
to the abolition Of the suEerainty. In his reply,
on Feb. 10, Lord Derby said:
by the omission of those articles of the con-
vention Of Pretoria which assigned to her
Majesty and to the British Resident certain
specific powers and functions connected with
the internal Government and the foreign rela-
lions Of the Transvaal State, your Government
will be left free to govern the country without
Interference and to conduct its diplomatic inter-
course and shape its foreign policy. subject only
to the requirement embodied In the fourth arti-
Gle of the now draft, that any treaty with Q
foreign State shall not have effect without the
approval of the oueon."
Mr.. CharbOrlain'S contention now 10 that al
though all the articles of the old convention
have been replaced by new ones, the old pream-
BILE still remains in force.
This important despatch then deals cleverly
with various other points at issue. such as the
exact international status of the South African
Republic, the Alien laws. the submission of trea-
ties to the British Government under Article
~. of the London convention, the Geneva
convention. and concludes with an emphatic
reassertion OF the right of the republic to re-
quest arbitration on the points In issue. and
with the announcement that 1t has decided to
approach the British Government with such q
request. The concluding passage runs:
After ell that has boon submitted, tho right
Of the South African Republic-of q weak State
81 against q powerful one-to request an indie
pendent announcement on tho extent of Its
rights and obligations as against tho Govern
ment of her Britannia Majesty cannot be
gainsAid under international law. and this
Government, while repeating tho exposi-
tion of its motives. Vows. and arguments
fully SGT forth In Its despatch of May
z last, and having regard to what the
Right Honorable the Secretary of State him
self said, viz. That In cases Of that nature ar
bitrRtion was the best way among civilized ma
tIons, has again decided to courteously approach
her Britannia Majesty'S Government with the
request that the principle Of arbitration may be
acceded to-"
1t must DO conceded by any impartial logtcian
that President Krnger's ara umonts will need q
lot of meeting. and to explain away" Lord
Derby will greatly tax the ingenuity of the pres
emit British Government.
A Berlin journal publishes the following 40.
count. from tho pom OF a well-known German
traveller. OF an audience granted by the EN-
peror of China to the foreign Ambassadors at
Pekin. The writer was tho only non-diplomGtiC
person present.
Headed by the highest dignitarIos OF the
Celestial Empire. our procession moved on be'
tween rows OF prvy councillors OF tho first