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
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