The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-24


South African Republics Moreover. Its
Force in south Africa IL Not Yet sum-
oient-Prof. westIake's Blow at the
British Claim to surzerainty Rights.
Special Gable Despatch to THE Sun.
LONDON. Sept. 23.-If oil depended on the
issue OF the negotiations between England and
the Transvaal. war might still be avertsd.
There are still better reasons now than a week
ago for believing that the British Government
is not satisfied with it's oasus belll Colonial
Secretary Cham berlain might be willing to de-
clare war tomorrow 80 far as the morale OF the
situation is concerned. but Prime Minister
Salisbury. Mr.. Balfour. First Lord Of the Treas
ury. and back OF them tho Queen herself.
would probably hesitate long before attack
ing two South African republics because
OF the attitude taken by the Pretoria
authorities The moral position OF Krnger's
country men has been i'm m ensely strengthened
by the evident intention OF the Orange Free
State to cast its lot with theirs against an all
powerful opponent. The courage OF the Orange
Free States action cannot be Rainsaid. but 1t
is more CALLING to EnGllshmen than the atti-
tude OF Kruger himself. Its bold. unequvocal
declaration that the Orange Free State believes
the whole British policy to be hypocritical
and dishonest. amounts to an asser-
ton that the Free State sees in the
British purpose nothing but the hRhanded
determination to annex all Of South Africa to
the Queens dominions. President steyn and
his advisers regard the British aggression.
despite Sir Alfred Miners assurances to the
contrary. as directed as much against their in
pendence Az that OF their northern neighbors:
in other words that the Orange Free State will
not be permitted long to survive after the
Transvaal has been crushed. and that it's only
hope lies in the desperate chance to present a
com ined resistance. Such 10 the unfattering
Message Just flung In the face Of the British
nation. and It is not surprising that English
men are angry and resentful.
Nobody doubts the British Governments
ability to subduo both the republics II 1t seri-
ously undertakes the task. and. perhaps. q ma
jority OF EnRlshmen would like to see the Job
put through at once The more belllcose
among them see in the delay in despatching an
ultimatum only a tactical military manoeuvre
to enable the war office to assem- BILE the greater
force made necessary by the Orange Free
States sSpousing the Transvaals cause. They
are right In one sense. The British arms in
South Africa are inadequate at tho present
moment to deal with the hostile Beers Of the
two Republics. and a month must elapse before
q sufficient force can be masssd there to en-
able Great Britain to undertake a successful
campaign.
The severest blow yet struck against the
British case. both legally and morally. has Just
been dealt by Prof. John Westlake. =. c..
IL. D.. whom every Engllshman recognizes as
the highest authority on international law.
He discusses the whole question OF British
suzerainty aud the rights Of the Transvaal in
q letter to the Times. a letter which the bel
licose London press finds it convenient to ig
more. Prof Wtst!ake refrains from expressing
any opinion whatever on tho merits OF any OF
the points at issue. but proceeds to demon
strate that British suzerainty rights over the
Boer republic are practically non-existsnt.
NO one." he points out. has ventured to
give definition OF the rights o. suzeranty OF
one power over q vassal. even assuming that
they exist. The inference 10 irresistible
that II the British rights against tho
South African Republic depend on anything
outside OF the Convention OF 1884 and general
international law they depend on something
OF which no standard exists. Then. since
no one knows what are their exact nature or
limits. the whole subject OF our relations with
that republic 10 thrown open to the mere will
OF the stronger power. / hesitate to believe
that any EnRlishman who looks this fact in the
face will think our relations with the republic
either rest or ought to rest on such a footing,
The best remedy for that part ofthe Difficult
ties between England and the South African
Republic IL to agree on arbitration for all the
particular and practical points that may turn
on an Interpretation OF the Convention OF 1884.
or which may otherwise be OF a nature not too
political to admit OF judicial decision. Arbi-
tration on the general character OF the re-
lations between the two states would be mad
MISSILE. Ifthe actual documents are insult
ficlent or unsatisfactory they must be supple
mented or corrected by new one. duly
negotiated. and not by award. But there docs
not appear to be any need for such supplement
or correction. Arbitration on particular point.
say the dynamite monopoly or the laws on the
admission or expulsion OF aliens. would OF it.
self clear up the situation. The arbitrator. as
soon as tho preamble OF 1881 was mentioned.
would ask the counsel. what are the suzerain
rights which you claim that We shall apply In
this case? and l should be sorry to be the
counsel who had to answer that question. |
fully admit that the acceptance OF arbitration
will be the abandonment OF all rights
outside OF the Convention OF 1884 and
general international law. but should we
be really abandoning anything tenable
l have already pointed out the mon
strous position in which the assertion OF
suzerainty outside OF the articles OF 1884
would place US. that OF being not merely our
own judges in international matters-every
state must be it's own judge-but our own
judges without any standard to apply Par
Lament. in lsgislating for the British domin-
ions. is it's own Judge without any standard.
but that position is not monstrous because
within the state there must be supreme au-
tn orlty. The monstrosity consists in profess
ing to proceed. not by legislation. but by con-
vention. and yet claiming to hold a right which
would make any certain Interpretation OF tho
oonyAntion impoSsible
Il am not expressing an opinion on this con-
troversy and allow that. even on the grounds
OF general international law. demand. not
based on treaty and in excess OF the ordinary
International rights, may be made when It APP
pears to be the only way OF remedying q situa-
ton which In good faith has become intoerable:
but the arguments which have been used in
part OF the press. in seeking to bring the claim
OF easy naturalization and franchise within
Article ii OF the convention. as a necessary
consequence OF the stipulation for the admis-
sion OF aliens into the republic. must surely
have contributed to that suspicion OF British
sincerity which appears to be the great obstacle
TO an arrangement.