FREE BOOKS

Author's List




PREV.   NEXT  
|<   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187  
188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   >>   >|  
which was regarded by the Boer population as a considerable step towards the achievement of their independence. The term 'Transvaal State,' which was accepted in the convention of 1881 as the designation of the new State, was dropped and the old title of 'South African Republic' was revived and recognised. The question of suzerainty was dealt with in a somewhat ambiguous fashion. The new convention purported only to substitute new articles in the place of those of the preceding convention; and it was afterwards argued that the old preamble, which asserted at once the internal independence of the Transvaal and the suzerainty of Great Britain, remained in force. In fact, however, this preamble was neither reprinted nor replaced in the new convention, and the term 'suzerainty,' which occurred in the original draft of the document, was deliberately expunged--it is said by Lord Derby himself. He considered the term wholly wanting in the precision which is desirable in a treaty arrangement, that it was capable of many different degrees of extension, and that the fact of the paramountcy of Great Britain over the new State might be sufficiently established without the use of an ambiguous word which excited the most bitter hostility in the Transvaal. His own words in defending his conduct in the House of Lords are perfectly clear. 'The word suzerainty,' he said, 'is a very vague word, and I do not think it is capable of any precise legal definition. Whatever we may understand by it, I think it is not very easy to define. But I apprehend whether you call it a protectorate, or a suzerainty, or the recognition of England as a paramount Power, the fact is that a certain controlling power is retained when the State which exercises this suzerainty has a right to veto any negotiation into which the dependent State may enter with foreign Powers. Whatever suzerainty meant in the convention of Pretoria (1881), the condition of things which it implies still remains; although the word is not actually employed, we have kept the substance. We have abstained from using the word because it was not capable of legal definition, and because it seemed to be a word which was likely to lead to misconception and misunderstanding.' The articles of the previous convention relating to slavery, to native rights, to free trade, to religious liberty, to the rights of residence of foreigners in the Transvaal, reappear in the new convention, and the limits
PREV.   NEXT  
|<   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187  
188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   >>   >|  



Top keywords:
convention
 

suzerainty

 

Transvaal

 

capable

 

articles

 

rights

 

preamble

 
Britain
 

Whatever

 
definition

ambiguous

 

independence

 

controlling

 

recognition

 

England

 
paramount
 

retained

 
negotiation
 

dependent

 

exercises


considerable

 
achievement
 

precise

 

accepted

 

designation

 

understand

 

apprehend

 
define
 

protectorate

 

Powers


previous
 

relating

 
slavery
 

misunderstanding

 

misconception

 

native

 

regarded

 

foreigners

 

reappear

 

limits


residence

 

liberty

 

religious

 
implies
 
remains
 

things

 
condition
 

dropped

 

Pretoria

 

abstained