Transvaal (South Africa) -- History; Transvaal (South Africa) -- Politics and government
On June 9th, the proposals relating to arbitration were formulated by
Mr. Reitz, State Secretary to the Pretoria Government. He began by
proving that he could put into people's mouths words which had never
been uttered by them. He declared that "at the Bloemfontein Conference
the High Commissioner was personally favourable to the settlement by
arbitration of all the differences between the two Governments." Sir
Alfred Milner had been careful not to go so far as this.
After this inaccurate preamble the following proposals were made by Mr.
Reitz:--
(1) "In future, all questions arising between the two Governments,
and relating to the interpretation of the London Convention to be
submitted to a tribunal of arbitration, with the exception of
questions of trifling importance."
(2) "The tribunal to be composed of two arbitrators appointed
respectively by each government, as for instance the Chief Justices
of the South African Republic, Cape Colony or Natal. The power to
be given to them of choosing as a third arbitrator, someone who
should be a subject of neither of the disputing parties; the
decision in all cases to rest with the majority."
(3) "The instrument of submission to be considered in each case by
the two governments, in order that both may have the right of
reserving and excluding any points appearing to them too important
to be submitted to arbitration."
Sir Alfred Milner remarked that this project was "a mere skeleton
proposal by which too many things were left undefined." For instance,
what did the words "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."
Public-domain text, read in full here on John Shaqi.
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