The record-union., 1899-10-12
THE TRANsyAAL ISSUE.

the suzerainty exercised by England.
Upon all other questions than this
1t is believed that the two Governments
could without great trouble reach
agreement.
1t is with the asserted suzerainty of
England that the trouble begins and
it may be said that with its settlement
the trouble will end. Great Britain
claims that a status was established by
the treaties of 1881 and 1884 which
must be maintained. The treaty of
1881 was the broader and gave the
suzerain certain powers concerning ex-
ternal affairs, which the treaty of 1884
modified and limited to a certain right
of control in the foreign relations Of
the Transvaal. But, say the English, the
Beers by their acts regarding the Uit-
landers violated and practically mega
tived the treaty of 1884, thus restoring
the suzerains powers under the treaty
of 1881 permitting interference in even
internal affairs.
But the Boer government contends
that England should wholly retinquish
her claim as a suzerain ana permit the
Transvaal to become a sovereign and
wholly independent government. Suz-
erainty implies superior, but not su-
preme power. AS received to day we
understand suzerainty to involve the
relation of the higher or greater power
to the lower or smaller power. When
the higher power assumes authority
over the lower for the specific pur-
poses Of suzerainty, il likewise becomes
in certain degree the responsible pow
er, determined by the extent and char
acter Of the suzerainty. In this case it
is conceded that it Is limited TO the
foreign relations of the Transvaal.
England is, therefore, responsible to
foreign powers for the Transvaal in
all relations it may have with them.
This being clearly in mind, let us
recall the claim of England that she
is responsible for the attitude of the
Transyaal towards Ultlandars because
they are subjects and citizens of for
eign powers. So, under this claim, If
an Englishman, an American or
German living in the Transvaal, pleads
that the Beers have acted towards him
with injustice, he has the moral and
legal right to appeal to England to
redress his wrong, or compel the Beers
to do him justice. 1t is probable that
many people outside the sphere of the
influence Of the TransvaaI or of ..ng-
land, have not thought much upon this
interesting phase Of the case.
That this view concerning suzerainty
generally is sound, is established by
the best authorities upon international
law. upon the history of the laws Of
suzerainty. Keeping in mind then,
that the treaty of 1884 expressly pro-
vides that England shall not only be
consulted concerning, bur must be the
supreme judge of the relations of the
Transvaal to foreign powers, and we
can understand her claim that the
status quo shall be preserved, i. e., that
the Transvaal shall not exercise au-
tnor1ty or in any manner decree, con-
corning Uitlanders who are subjects
and citizens Of foreign powers without
counseling with England and having
her full consent.
OF course the Beers deny this claim.
and hold that it exceeds the calls and
intention of the treaty Of 1884. For
the Beers hold that while it is true
England must be consulted when the
Transvaal deals with foreign powers
the internal management and admin
istration Of affairs, even though such
management affects foreigners residing
In the Transvaal, is not such dealing
with foreign powers as to justify the
suzerain in interfering. They say ~
the Uitlanders (the alien) 'if you do not
like our internal regulations get out Of
the country. If they Offend you. are
not to your liking, that does not mean
that we are insulting your Government
or showing disrespect for it,"
The Transvaal is not, then, an inde-
pendent State as we understand indie
pendence in this country It's intsrna-
tional character is nil, except so far
as 1t is reflected through England. So
then, as no foreign power can treat
directly and Independently with The
Transvaal, it has no international in
dependence. And as matter of fact
1t has not any treaty relation with anv
country directly except England. Its
relation is always determined through
English agency
The Transvaal then, and not Eng
land is in the position of delnandin.,
changes in the Transvaal conditions q :
related to foreigners, and England is
not seeking to limit the independence
of the South African Republic (the
TransvaaD, except SO far as it is
claimed that her advice, suggestion and
demand that the Uitlanders be given
the franchise and representation, and
be relieved of unjust extortionate and
discriminating taxation, can be con
strued to be Intervention without war
rant. ss aaee
And this is the sticking point as We
said in the outset. The Beers are de-