ds "trifling matters" mean? and what was meant by the
third article, which gives to both Governments the right of excluding
from arbitration points which may appear to them too important to be
submitted to it?

Finally, the very composition of the tribunal was in contradiction to
the reservations made by the English Government. The third arbitrator
would be a foreigner, and with this third arbitrator would rest the
decision.

[Footnote 22: _Le Siecle_, April 26th, 1900.]

2.--_Mr. Chamberlain's Conditions._

In his telegram of July 27th, however, Mr. Chamberlain did not reply by
an absolute definite refusal. He rejected the composition of the
tribunal; but he acknowledged that: "the interpretation of the
convention in detail is not exempt from difficulties, putting aside the
question of the interpretation of the preamble of the Convention of
1881, which regulates the articles substituted in the Convention of
1884." And then Mr. Chamberlain invited Sir Alfred Milner to enquire of
Mr. Krueger whether he would accept the exclusion of the Foreign element
in the settlement of disputes, arising from the interpretation of the
Convention of 1884:

"As to how far and by what method, questions could be decided by a
judicial authority whose independence, impartiality and capacity
should be above suspicion."

Thus the constitution of a tribunal of arbitration was accepted by Mr.
Chamberlain, and in his despatch of August 28th he directed Sir Alfred
Milner to arrange a fresh conference with Mr. Krueger. On September 2nd
the Pretoria Government asks whether the British Government will receive
burghers of the Free State as members of the arbitration tribunal? which
are the subjects it will be competent to settle? and which will be
reserved?

Sir Alfred Milner's views on this subject are stated in a lengthy
despatch to the Government, dated September 8th. The points which Sir
Alfred Milner considered should be excluded from arbitration as being
likely to re-open discussion are the following: (1) The position of the
British Indians; (2) the position of other British coloured subjects;
(3) the right of all British subjects to be treated as favourably as
those of any other country; "a right which has never been formally
admitted by the South African Republic."

Here the Arbitration Question may be said to have dropped, Sir A.
Milner's telegram of September 8th being followed by the ultimatum of
October 9th.