I07 77 7 /
EXTRACT FRONI THE TIllRTEENTII OF TIE RULES FOR THE
LIRARY AND READING ROO OF T yE BOSTOI ATHEJNEU,
II any book shall be lost or injured, or if any
notes, comments, or other matters shall be written, or
in any manner inserted therein, the person to whomn it
stands charged shall replace it by.a. new volumeC, or
set, if it belongs to a set."
[io, Co June '3
der officiellen Actenstcke
Geschichte der Gegenwart.
Aegidi und Klaulihold.
C-utla t a Eoloff.
Verlag von Duncker & Humblot.
Bndnisse, Vertrge, Konventionen, Protokolle etc.
1896. Juni 2. Vertragsstaaten und Marokko, Zollvertrag. ,,Rglement con-
cernant le droit des portes (article 13 de la Convention
de Madrid) concertd entre Sidl Mohammed Torres, Ministre
des Affaires Etrangres de Sa Majest Ch6riffienne, Sid
Abdelkrim Brisha, Envoy6 spfcial de Sa Majestd
ChUriffienne, et les RprAsentants des autres Puissances
signataires de la Convention de Madrid; et destine
remplacer les paragraphes 10 17 du rbglement du
30 Mars 1881 . . . . . 12242.
2. Abkommen ber den Tabakzoll . . . 12243.
1897. Jan. 26. Grofsbritannien und Chile. Auslieferuugsvertrag . . 12246.
1897/98. b.'.. Deutsches Reich und Brasilien, Notenaustausch und Ver-
einbarung zwischen dem Reiche und den Vereinigten
Staaten von Brasilien ber die Mitwirkung der beider-
seitigen konsularischen Vertreter bei der Regelung von
Nachlssen ihrer Staatsangehrigen. Erluternde
Denkschrift . . . . . . . 12236.
1898. April 26. Italien und Gosta Rica. Postvertrag . . . . 12072.
Juni 14. Grofsbritannien und Frankreich. Abgrenzung der beider-
seitigen Besitzungen stlich und westlich vom Niger und
der Interessensphren stlich vom Niger. Erklrung
vom 21. Mrz 1899 . . . . . . 12237.
Septbr. 26. Grofsbritannien und Niederlande. Auslieferungsvertrag 12245.
1899. Mrz 21. Grofsbritannien und Frankreich. Deklaration ber die britische
und franzsische Interessensphre in Centralafrika . 12238.
Ap'. Pforte und Serbien. Zollabkommen . . . . 12244.
Mai 20. Japan und Griechenland, Freundschafts-, Handels- und
Schiffahrtsvertrag . . . . . . . 12071.
Juni 5. Deutsches Reich und Uruguay. bereinkunft zwischen dem
Reiche und der Orientalischen Republik Uruguay ber
das Wiederinkrafttreten des Handels- und Schiffahrts-
vertrages vom 20. Juni 1892 . . . . . 12233.
S ,, 8. Vertragsstaaten. Konvention zur Beschrnkung der Einfuhr
von Spirituosen in bestimmte Gebiete Afrikas . . 12234.
11.f23. Rufsland und Siam, Handelsvertrag . . . . 12241.
. Novbr. 7. Deutsches Reich, Vereinigte Staaten von Amerika und
Grofsbritannien, Abkommen behufs schiedsgerichtlicher
Regelung gewisser Schadensersatzansprche auf Samoa 12070.
S14. Deutsches Reich und Grofsbritannien, Vertrag ber Samoa,
die Tonga-Inseln, Salomonsinseln und Zanzibar . 12068.
IV Sachregister: Biindnisse, Vertrge etc. Die Friedenskonferenz im Haag 1899.
1899. Novbr. 29. Grofsbritannien und Siam. Abkommen ber die Grenze auf
der Malaiischen Halbinsel . . . . . 12239.
29. Vertrag ber die Registrierung britischer Unterthanen
in Siam . . . . . . . .. 12240.
Dezbr. 2. Deutsches Reich, Vereinigte Staaten von Amerika und
Grofsbritannien, Aufhebung der Samoaakte von 1889 12069.
1900. Jan. 24. Vertragsstaaten, Erklrung ber eine Abnderung der
Sanittskonvention vom 19. Mrz 1897. (Nr. 11651) 12232.
Juli 9./21. Deutsches Reich. Vertrag mit derAktiengesellschaft,,Deutsche
Ostafrikalinie" ber die Einrichtung und die Unterhaltung
von Postdampferverbindungen mit Afrika . . 12230.
s, . Nachtrag zum Vertrag ber die Unterhaltung deutscher
Postdampfschitfsverbindungen mit Ostasien und Australien
.Stnbr 1898. (Vgl. 11998.) . . . . 12231.
Novbr. 14. Denkschrift dem deutschen Reichstage ber Nr. 12234
vorgelegt . . . . . .. 12235.
Die Friedenskonferenz im lIaag 1899.
1898. Aug. 24. Rufsland, Der Minister des Auswrtigen an die Vertreter der
fremden Mchte in Petersburg. Einladung zurBeschickung
einer internationalen Friedenskonferenz . . . 12128.
1599. Jan. 11. Rundschreiben an die Geschftstrger in Petersburg.
Nhere Bestimmungen der Aufgaben der Friedens-
konferenz . . . . . . 12129.
Febr. 14. Grofsbritannien, Der Minister des Auswrtigen an den Bot-
schafter in Petersburg. Annahme der Einladung . 12130.
S 9. Rufsland, Rundschreiben an die Geschftstrger in Peters-
burg. Die Friedenskonferenz wird im Haag stattfinden 12131.
Mai 16. Grofsbritannien, Der Minister des Auswrtigen an den Bot-
schafter in Washington. Ernennt ihn zum Bevollmch-
tigten fr die Friedenskonferenz und giebt ihm In-
struktionen . . . . . . . 12133.
S18. Konferenzstaaten, Erffnungssitzung . . . . 12134.
20. Protokoll der 2. Sitzung. Telegramme der Knigin Wil-
helmine und des Zaren. Bildung von drei Kommissionen 12135.
20. Rufsland, Vorschlag zur Einsetzung eines internationalen
Schiedsgerichts . . . . . 12130.
S 31. Grofsbritannien. Vorschlag zur Einsetzung eines interna-
tionalen Schiedsgerichts . . . . .. 12137.
31. Vereinigte Staaten von Amerika, Vorschlag ber das inter-
nationale Schiedsgericht . . . . . 12138.
Juni 5. Konferenzstaaten, Projekt zur Ausdehnung der Genfer Kon-
vention auf den Seekrieg . . . . . 12139.
9. Rufsland, Vorschlag zur Beschrnkung der Waffen . 12140.
6. Konferenzstaaten, Konferenzprotokoll, Beratung ber die
Stellung der Neutralen ................... . 12141.
9 1/12. Vertragsstaaten, Kommissionsbeschlufs ber die Einsetzung
eines internationalen Schiedsgerichts . . . . 12142.
11. Kommissionsberatung ber die Beschaffenheit der Kriegs-
waffen . . . . . . . 12143.
23. Belgien. Rede des Bevollmchtigten Beernaert in der Kom-
mission ber die Beschrnkung der Ristngen . 1214.1.
2;. Rufsland. Rede des russischen Bevollmchtigten Baron Staal
ber dasselbe . . . . . . . 12145.
2:;. Vorschlag zur Beschrnkung der Rstungen zu Lande 12146.
23. Vorschlag zur Beschrnkung der Seerstungen . . 12147.
Sachregister: Verhandlung zwischen Grofsbritannien und Rufsland etc. V
1.O99 Juni" 20. Vereinigte Staaten. Vorschlag ber die Unverletzlichkeit des
Privateigentums im Seekriege . . . . . 1214R.
S26. Vertrag,taaten, Kommissionsberatung ber die Beschrnkung
der Rstungen . . . . . . 12149.
Juli 6. Konferenzstaaten, Kommissionslieschlfus iber Abnderung
der Brsseler Deklaration von 1874 . . . 12150.
20. Kommissionsbeschlsse ber die Beschrnkung der Waffen
und Rstungen . . . . . . . 12151
27. Vorschlag und Beschlufs ber den Beitritt der nicht in
der Konferenz vertretenen Michte zu den Beschlssen
(Artikel 60) . . . . . . . 12152.
209. Protokoll der Schlusitzung. Resultate der Konferenz.
Mitteilung eines Briefwechsels zwischen Knigin Wil-
helmine und dem Papst. Schlufsansprarhen . . 1215..
29. Schlufsakte . . . .. . . . . 12155.
,, 29. bereinkommen ber eine Verordnung zur friedlichen
Beilegung von Streitigkeiten der Nationen untereinander 12156.
29. Convention concernant les Lois et Coutumes de la
Guerre sur Terre . . . . . . 12157.
,, 29. Annexe la Convention. Rbglement concernant les Lois
et Coutumes de la Guerre sur Terre . . . 12158.
29. Deklaration . .. . . . 12159.
29. Deklaration .... . . . . 12160.
29. Deklaration . . . . . . . 12161.
S29. Convention pour l'adaptation la Guerre Martime des
principes de la Convention de Genve du 22 Aot, 1864 12162.
31. Grofsbritannien, Der Bevollmchtigte im Haag an den
Minister des Auswrtigen Ansicht der englischen Re-
gierung zu Nr. 12152 . . . . . . 12153.
Verhandlung zwischen Grofsbritannien und Rufsland iiber die
Abgrenzung ihrer Eisenbahninteressen in China 1898/1899.
1898. Febr. 12 Grofsbritannien, Der Botschafter in Petersburg an den
Minister des Auswrtigen. Hat der russischen Regierung
die Bedingungen mitgeteilt, unter denen England der
chinesischen Regierung eine Anleihe gewhren will 12084.
S Mrz 13. Der Gesandte in Peking an den Minister des Auswrtigen.
Forderungen Rufslands in Bezug auf die Bahn nrdlich
von Tientsin . . . . . . . 12085.
Juni 7. Grofsbritannien und China. Prliminar-Abkommen zwischen
dem Hongkong- und Shanghai-Bankkonsortium und der
Generalverwaltung der Eisenbahnen ber eine Anleihe 1208G.
Aug. 6. Grofsbritannien, Der Gesandte in Peking an den Minister
des Auswrtigen. Widerspruch Rufslands gegen das
Abkommen . . . . . . . 12087.
8. Der Minister des Auswrtigen au den Gesandten in Peking.
Rufslands Widerspruch ist ungerechtfertigt . . 1208.
13. Das auswrtige Amt an den Botschafter in Petersburg.
Besprechung mit dem russischen Geschftstrger ber
die chinesische Eisenbahnfrage . . . . 12089.
17. Das auswrtige Amt an den Botschafter in Petersburg.
Soll gegen das Auftreten des russischen Gesandten in
Peking protestieren . . . . . . 12090.
18. Der Botschafter in Petersburg an das auswrtige Amt.
Antwort auf das Vorige. Unterredung mit Murawiew
ber eine Verstndigung . . . . . . 12091.
V[ Sachregister: Verhandlung zwischen (iGrohritauien und Rusland et.
1998. Aug. 19. Grosbritannien, Das auswrtige Ant au den Botshafter
Petersburg. Bemerkungen a Murawiews Aulsernigen 12092.
27. Der Botschafter in Petersburg an das auswrtige Amrt.
Stand der Verstndigungsangelegenheit . . . 12093.
Septbr. 2. Der Botschafter in Petersburg an das auswrtige Amt..
Vorschlag Murawiews . . . .. 12094.
2. Derselbe au Dasselbe. Dasselbe. . . . . 12095.
r 2. Das auswrtige Amt an den Botschafter in Petersburg.
Zusatz zum Vorschlage Murawiews . . . . 12096.
3. 1)er Botschafter in Petersburg an das auswrtige Amt.
Murawiew ist einverstanden ... . . . . 12097.
,, 5. Der Gesandte in Peking an den Minister des Auswrtigen.
Konkurrenz der Russisch-Chinesischen Bank in der Nord-
bahnfrage ...... . .......... 12098.
7. Der Botschafter in Petersburg an den Minister des Aus-
wrtigen. Unterredung mit Murawiew ber das Vorige 12099.
10. Derselbe an Denselben. Murawiew und MWitte sind fr
ein englisch-russisches Abkommen . . . ... 12100.
S19. Der Botschafter in Petersburg an den Minister des Aus-
wrtigen. Der Zar billigt den Abschlus eines Abkommens 12101.
19. Der Botschafter in Petersburg an das russische aus-
wrtige Amt . . . ... ....... . 12102.
21. Grofsbritannien und Rufsland, Vertragsentwurf iiber die
chinesischen Eisenbahnkonzessionen . . . 12103.
Oktbr. 8. China, Offizielle Beschreibung der Eisenbahnen Nordchinas,
die zur Garantie der britisch-chinesischen Anleihe dienen
sollen . ... .. . ... ...... 12104.
10. Grofsbritannien und China, Vertrag zwischen Hongkong-
und Shanghai-Bankkonsortium und der Verwaltung der
Eisenbahnen Nordchinas . . . . . . 12105.
10. Konzessionsvertrag ber die Nan P'iao-Kohlenwerke 12106.
Novbr. 2. Grofsbritannien. Der Botschafter in Petersburg an den
Minister des Auswrtigen. Unterredung mit Finanz-
minister Witte ber die chinesische Eisenbahnfrage . 12107.
Dezbr. 10. Der Gesaudte in Peking an den Minister des Auswrtigen.
Ratifikation von Nr 12106 und 12107 . . . 12108.
1899. Febr. 1. Der Botschafter in Petersburg an den Minister des Aus-
wrtigen. Murawiew beschwert sich ber das Vorgehen
Englands in China . . . . . . . 12109.
S2. Der Minister des Auswrtigen an den Gesandten in
Peking. Verlangt Auskunft ber das Vorige . . 12110.
S7. Rufsland. Der Minister des Auswrtigen an den englischen
Gesandten in Petersburg. Vorschlag ber das Abkommen 12111.
9. Grofsbritannien, Der Gesandte in Peking an den Minister
des Auswrtigen. Antwort auf das Vorige . . 12112.
27. Der Minister des Auswrtigen an den Botschafter in Peters-
burg. Bemerkungen zu Nr. 12111 .... . . 12113.
28. Der Gesandte in Peking an den Minister des Auswrtigen.
Einwendungen des russischen Gesandten gegen Nr. 12105 12114.
Mrz 2. Der Minister des Auswrtigen an den Gesantdten in Peking.
Antwort auf das Vorige . . . . . 12115.
S8. Der Botschafter in Petersburg an den Minister des Aus-
wrtigen. Instruktion der russischen Regierung an ihren
Gesandten in Peking . . . . . 12116.
15. Der Botschafter in Petersburg an den Minister des Aus-
wrtigen. Neuer Vorschlag Murawiews . . .. 12117.
S 16. Der Minister des Auswi rtigen an denBotschafterinPeters-
burg. Antwort auf das Vorige . . . . 12118.
Sachregister: Bericht d. deutschen Gesandtschaft in Peking b. den Boxeraufstand etc. VII
1899. Mrz 22. Grofsbritaunien, Der Botschafter in Petersburg an den Minister
des Auswrtigen. Neue Unterredung mit Murawiew ber
das Abkommen . . . . . . 12119.
29. Derselbe an Denselben. Dasselbe . . . . 12120.
April 7. I er Minister des Auswrtigen an den Botschafter in
Petersburg. Vorschlge ber die Linie Ilsiao-hei-Shan
und Sin-Minting . . . . . . . 12121.
S 9. Der Botschafter in Petersburg an den Minister des Aus-
wrtigen. Denkschrift ber die Linie nach Sin-Min-Ting 12122
S 12. Rufsland, Der Minister des Auswrtigen an den englischen
Botschafter in Petersburg. Antwort auf das Vorige 12123.
17. Grofsbritannien, Der Botschafter in Petersburg an den
Minister des Auswrtigen. Murawiew schlgt einen Noten-
austausch vor . . . . . . . 12124.
19. Derselbe an Denselben. bersendet den Text der
identischen Noten . . . . . . 12125.
,, ,, 22. Der Minister des Auswrtigen an den Botschafter in
Petersburg. Abnderungsvorschlge . . . 12126.
28. Grofsbritannien und Rufsland. Endgiltiger Text der iden-
tischen Noten . . . . . . . 12127.
Berichte der deutschen Gesandtschaft in Peking iiber den Boxer-
aufstand und die Ermordung des deutschen Gesandten.
1899. Mai 31. Deutsches Reich, Der Gesandte in Peking an den Reichs-
kanzler. Unruhen in China; Verhandlungen der Gesandt-
schaften mit der chinesischen Regierung; Berufung
europischer Schutztruppen . . . . . 12222.
Juni 1. Der Gesandte in Peking an den Reichskanzler. Ankunft
von Schutztruppen . . . . . . 12223.
4. Derselbe an Denselben. Ankunft deutscher und ster-
reichischer Schutztruppen . . . . . 12224.
10. Derselbe an Denselben. Bericht ber Unruhen und Ver-
kehrsstrungen. Konsularbericht . . . . 12225.
12. Der Gesandte in Peking an das auswrtige Amt. Feind-
selige Haltung der chinesischen Regierung. Angriff auf
die Gesandtschaften bevorstehend . . . . 12226.
Aug. 25. Die Gesandtschaft in Peking an den Reichskanzler. Die
Boxer in Peking; Haltung der Regierung; erste Angriffe
auf die Gesandtschaften; Ermordung Kettelers . 12227.
29. Die Gesandtschaft in Peking an den Reichskanzler.
Genauer Bericht ber die Ermordung Kettelers. Aussage
des Augenzeugen, Gesandtschafts-Dolmetschers Cordes 12228.
Septhr. 25. Legationsrat von Below in Peking an den deutschen Ge-
sandten in China. Bericht ber den Mrder des Gesandten
von Ketteler . . . . . . . 12229.
Thtigkeit der Untersuchungskonminissiou auf Samoa 1899.
1899. April 13. Grofsbritannien, Der Minister des Auswrtigen an Mr. Eliot.
Unterrichtet ihn ber die Vorgnge auf Samoa und teilt
ihm mit, dafs er zum Mitgliede der von den drei Mchten
eingesetzten Untersuchungskommission ernannt ist 12080.
Juli 18. Vertragsstaaten, Die Kommission an den englischen Minister
des Auswrtigen. Bericht ber ihre Thtigkeit . 12081.
Juli. Vorsehlag der Kommission zur Abnderung der Samoaakte 12082.
26. Grofsbritannien, Der englischeBevollmchtigte an den3Minister
des Auswrtigen. Weiterer Bericht ber die Thtigkeit
der Kommission . . . . . . 12083.
VIII Grofsbritannien tn. Stidafrikan. Republik. Aktenstcke zum Sdafrin. Krieg.
G ro1rbri tannie uind Sildafrikanische Republik. Verhitandi gen
iiber das Dyinamitionopol.
1899. Jan. 13. Grofsbritannien, Der Kolonialminister an den Oberkommissar
in Kapstadt. Die englische Regierung protestiert gegen
die Verlngerung des Dynamitmonopols . . . 12078.
Febr. 8. Der Agent in Pretoria an den Oberkommissar in Kapstadt.
Die Bergwerksinteressenten bieten die Expropriation des
Dynamitmonopols an . . . . . . 12074.
Mrz 9. Sdafrikanische Republik. Die Presse" verffentlicht das
Votum des State Attorney ber das Dynamitmonopol 12o75
9. Der Staatssekretr an den englischen Agenten in Pretoria.
Antwort auf Nr. 12073 . . . . . . 12076.
14. Grofsbritannien, Der Agent in Pretoria an den Oberkommissar
in Kapstadt. Die Dynamitgesellschaft bat einen neuen
Vorschlag gemacht . . . .. . . 12077.
15. Derselbe an Denselben. Ablehning des Vorschlags 12078
April 21. Der Kolonialminister an den Oberkommissar in Kapstadt.
Die britische Regierung erkennt die Argumente von Reitz
nicht an . . . . . . . . 12079.
Aktenstiicke zur Geschichte des Sdafrikanischen Krieges 1899.
1899. Aug. 29. Grofsbritannien. Der Kolonialminister an den Gouverneur von
Natal. Er soll keine Kriegsvorrte durchlassen . 12189.
30. Der Oberkommissar an den Kolonialminister. Haltung
der Kaprogierung. Frage der Waffeneinfuhr in die
Republiken . . . . . . ... .. 12190.
Septbr. 6. Derselbe an Denselben. Dasselbe . . . .... 12191.
15. Der Gouverneur von Natal an den Kolonialininister. Be-
merkungen ber die Lage, die ffentliche Meinung, die
Haltung der Eingeborenen . . . . . 12198.
22. Sdafrikanische Republik. Der Staatssekretr an den eng-
lischen Agenten in Pretoria. Antwort auf Nr. 12040 12202.
25. Oranje-Freistaat, Der Prsident an den englischen Ober-
kommissar in Kapstadt. Fordert Aufklrung ber
Truppenansammlungen . . . . . 12199.
25. Grofsbritannien, Der Oberkommissar an den Prsidenten
des Oranje-Freistaats. Antwort auf das Vorige . 12200.
29. Sdafrikanische Republik, Konfiskationsgesetz . . 12201.
30. Grofsbritannien. Der Oberkommissar in Kapstadt an den
Kolonialminister. Aufwiegelungsversuche . . . 12192.
Oktbr. 3. Oranje-Freistaat. Der Prsident an den englischen Ober-
kommissar. Vorstellungen ber die Truppenansammlungen 12203.
4. Grofsbritannien. Der Gouverneur von Natal an den Kolonial-
minister. Besorgnisse in Natal vor einem Angriffe 12193.
7. -_ Der Kolonialminister an den Oberkommissar in Kapstadt.
Antwort auf Nr. 12192 . . . . . . 12194.
,9. Der Oberkommissar an den Kolonialminister. bersendet
einen Aufruf zur Revolution an die Kapholluder . 12209.
10. Der Oberkommissar in Kapstadt an den Kolonialminister.
Appell an die grfsten englischen Stdte zur Hlfeleistung 12195.
11. Oranje Freistaat. Proklamation des Prsidenten an die
Burghers . . . . . 12213.
0 12. Grofsbritannien. Der Oberkommissar an den Kolonialminister.
Aufruf an die Kapkolonistea, treu zu bleiben . 12196.
Verhandlungen zwischen Grobritannien und dem Deutschen Reiche etc. IX
1899. Oktbr. 12. Grofsbritannien. Der Oberkommissar an denKolonialminister.
bersendet den Inhalt der hollndischen Proklamation
an die Kapburen . . . . . . . 12197.
S 12./13. Erlasse des Gouverneurs von Natal ber die Ausdehnung
des Kriegsrechts . . . . . . . 12215.
S14. Oranje-Freistaat. Proklamation des Prsidenten an die
Kapkolonie . . . . . . . 12206.
S 15. Grofsbritannien, Proklamation des Gouverneurs von Natal 12214.
Mitte Oktbr. Sdafrikanische Republik. Proklamation des Staatssekretrs
an die Freistaatburen . . . . . . 12217.
Oktbr. 16. Grofsbritannien. Proklamation des Oberkommissars in Kap-
stadt, anlfslich des Krieges . . . . . 12212.
17. Der Oberkommissar an den Kolonialminister. bersendet
eine Korrespondenz der Kapminister mit dem Oranje-
Freistaat ber event. Neutralitt der Kapkolonie . 12211.
S 23. Der Oberkommissar an den Kolonialminister. Annexion
durch den Oranje-Freistaat . . . . . 12204.
,, 23. Proklamation des Gouverneurs von Natal. Ausdehnung
des Kriegsrechts . . . . . . . 12216.
,i, 25. Der Kolonialminister an den Oberkommissar. Antwort
auf das Vorige . . . . . . 122C,5.
28. Proklamation des Oberkommissars gegen eine Annexion
der Sdafrikanischen Republik . . . . 12207.
S 28. Der Oberkommissar an den Kolonialminister. Keine
genauen Nachrichten ber die mitgeteilten Proklamationen
und Annexionen . . . . . . . 12208.
Nov. 3. Proklamation des Gouverneurs von Natal gegen eine
Annexion des Oranje-Freistaats . . . . 12218.
S 4. Der Gouverneur von Natal an den Kolonialminister.
Annexion durch den Oranje-Freistaat . . . 12210.
S10. Sdafrikanische Republik, Proklamation Jouberts . . 12220.
14. Oranje-Freistaat, Proklamation ber die Verwaltung der
occupierten Gebiete . . . . 12219.
Dezbr. 27. Grofsbritannien, Proklamation der Knigin an die britischen
Unterthauen. Verbot die Burenrepubliken zu untersttzen 12221.
Verhandlungen zwischen Grofsbritannien und dem Deutschen Reiche
ber die Beschlagnahme deutscher Schiffe 1899/1900.
1899. Dezhr. 16. Grofsbritannien, Die Admiralitt an das auswrtige Amt.
Das deutsche Schiff ,Herzog" passiert den Suezkanal 12163.
S29. Admiral Harris an die Admiralitt. Meldet die Beschlag-
nahme des ,Bundesrat" . . . . . . 12164.
,, 30. Der Botschafter in Berlin an den Minister des Auswr-
tigen. Graf Blow fordert Aufklrung ber die Weg-
nahme des ,Bundesrat" . . . . . . 12165.
29. Der Gouverneur von Natal an den Kolonialminister. Der
deutsche Konsul protestiert gegen die Wegnahme . 121G(6.
31. Admiral Harris an die Admirmalitt. Die Ladung des
aBundesrat" ist verdchtig . . . . . 12167.
1900. Jan. 1. Der Botschafter in Berlin an den Minister des Auswr-
tigen. Unterredung mit Baron Richthofen . . 12168.
3. Der Kolonialminister an den Gouverneur von Natal.
Anordnungen ber die Behandlung des ,Bundesrat" 121r.9.
S4. Deutsches Reich, Der Botschafter in London an den eng-
lischen Minister des Auswrtigen. Fordert Freigabe des
,Bundesrat" . . . . . . 12170.
X Verhandlungen zwischen Grofsbritannien und dem Deutsch eiche etc.
1900. Jan. 5. Grofsbritannien. Der Botschafter in Berlin an den er
des Auswrtigen. Baron Richthofen protestiert gegen
die Beschlagnahme . . . . . . . 12171.
5. Deutsches Reich. Der Botschafter in London an den eng-
lischen Minister des Auswrtigen. Fordert Freigabe des
General" und Achtung des Vlkerrechts . . 12172.
4. Grofsbritannien. Die Admiralitt an den tlesten Seeoffizier
in Aden. Behandlung des Generatl" . . 12173.
6. Der lteste Seeoffizier in Aden an die Admiralitt. Be-
richt ber die Beschlagnahme des General" . . 12174.
6. Die Admiralitt an das auswrtige Amt. Teilt die Be-
schlagnahme des ,Herzog" mit . . . . 12175.
7. Der Gouverneur von Natal an den Kolonialminister.
Protest des deutschen Konsuls gegen die Beschlagnahme
des ,Herzog" . ... ..... .. . . 12176.
7. Der Botschafter in Berlin an den Minister des Auswr-
tigen. Graf Blow fordert Abstellung der deutschen
Beschwerden . . . . . . . 12177.
G. Der Kommandeur des Kapgeschwaders an die Admiralitt.
Bericht ber die Durchsuchung des ,Herzog" . . 12178.
7. Der Minister des Auswrtigen an den Botschafter in
Berlin. Hat zwei scharfe deutsche Noten erhalten 12179.
8. Der lteste Offizier in Aden an die Admiralitt. Unter-
suchung des ,General" ist beendet . . . . 12180.
8. Die Admiralitt an den Admiral Harris. Befiehlt eventuelle
Freilassung des ,Herzog" . . . . . 12181.
9. Der Minister des Auswrtigen an den Botschafter in Berlin.
Unterredung mit einem deutschen Geschftstrger 12182.
10. Derselbe an Denselben. Bemerkungen zu Nr. 12170 12183.
S14. Der Minister des Auswrtigen an den Botschafter in Berlin.
Neue Instruktionen an die Seeoffiziere . . . 12184.
S15. Der Botschafter in Berlin an den Minister des Auswrtigen.
Die deutsche Regierung wnscht Modifikationen zum
Vorigen . . . . . . . . 12185.
1 16. Der Minister des Auswrtigen an den Botschafter in
Berlin. Dasselbe . . . . . . 12186
17. Derselbe an Denselben Bemerkungen zu Nr. 12172 12187.
19. Der Botschafter in Berlin an den Minister des Auswrtigen.
Unterredung mit Baron Richthofen ber das Vorige 12188.
Binduisse, Vertrge, Konventionen,
Nr. 12068. DEUTSCHES REICH und GROSSBRITANNIEN. Ver-
trag ber Samoa, die Tonga-Inseln, Salomonsinseln
London, 14. November 1899.
Nachdem die Kommissare der drei beteiligten Regierungen in ihrem Be- Nr. 12068.
richt vom 18. Juli d. J. die auf eingehende Prfung der Sachlage begrndete Reich und
Ansicht ausgesprochen haben, dafs es unmglich sein wrde, den Unruhen und hroni-
Mifsstndon, von welchen die Samoa-Inseln gegenwrtig heimgesucht werden, .1ov.is89
wirksam abzuhelfen, so lange die Inseln der gemeinschaftlichen Verwaltung der
drei Regierungen unterstellt blieben, erscheint es wnschenswert, eine Lsung
zu suchen, die diesen Schwierigkeiten ein Ende machen und gleichzeitig den
legitimen Interessen der drei Regierungen Rechnung tragen wrde.' Von diesem
Gesichtspunkt ausgehend, sind die mit gehrigen Vollmachten ihrer hohen
Souverne versehenen Unterzeichneten ber die nachstehenden Punkte ber-
Grofsbritannien verzichtet zu gunsten Deutschlands auf alle seine Rechte
auf die Inseln Upolu und Savaii, einschliefslich des Rechts, daselbst eine
Marine- und Kohlenstation zu errichten, und des Rechts auf Exterritorialitt
auf jenen Inseln. || In gleicher Weise verzichtet Grofsbritannien zu gunsten der
Vereinigten Staaten von Amerika auf alle seine Rechte auf die Insel Tutuila
und auf die anderen stlich des 171. Lngengrads von Greenwich gelegenen
Inseln der Samoagruppe. 1| Grofsbritannien erkennt an, dafs die Gebiete im
Osten der neutralen Zone, welche durch das Abkommen von 1888 in West-
afrika geschaffen worden ist, an Deutschland fallen. Die Grenzen des Deutsch-
land zukommenden Teils "der neutralen Zone werden durch Artikel V der vor-
liegenden Konvention festgesetzt.
Deutschland verzichtet zu gunsten Grofsbritanniens auf alle seine Rechte
auf die Tonga-Inseln mit Einschlufs Vavaus und auf Savage Island, einschliefs-
Staatsarchiv LXIV, 1
2 Bnduisse, Vertrge, Konventionen, Protokolle etc.
Nr. 120o6s. lich des Rechts, daselbst eine Marine- und Kohlenstation zu errichten und des
Deutsches Rechts auf Exterritorialitt in den vorstehend bezeichneten Inseln. || In gleicher
Grofs- Weise verzichtet Deutschland zn gunsten der Vereinigten Staaten von Amerika
britnnien. auf alle seine Rechte auf die Insel Tutuila und auf die anderen stlich des
171. Lngengrads von Greenwich gelegenen Inseln der Samoagruppe. || Es er-
kennt an, dafs von der deutschen Salomonsgruppe die stlich beziehungsweise
sdstlich von Bougainville gelegenen Inseln, welches letztere nebst der zu-
gehrigen Insel Buka bei Deutschland verbleibt, an Grofsbritaunien fallen. ,
Der westliche Teil der neutralen Zone in Westafrika, wie derselbe in Ar-
tikel V der vorliegenden Konvention festgesetzt ist, wird ebenfalls an Grofs-
Die beiderseitigen Konsuln in Apia und in den Tonga-Inseln werden bis
auf weiteres abberufen. I1 Die beiden Regierungen werden sich ber die in der
Zwischenzeit im Interesse ihrer Schiffahrt und ihres Handels in Samoa und
auf den Tonga-Inseln zu treffenden Einrichtungen verstndigen.
Die zur Zeit zwischen Deutschland und Grofsbritannien bestehende ber-
einkunft, betreffend das'Recht Deutschlands, auf den Grofsbritannien gehrigen
Salomons-Inseln Arbeiter frei anzuwerben, wird auch auf die in Artikel I
bezeichneten deutschen Salomons-Inseln, die an Grofsbritannien fallen sollen,
In der neutralen Zone wird die Grenze zwischen den deutschen und den
grofsbritannischen Gebieten durch den Daka-Flufs bis zum Schnittpunkt des-
selben mit dem 9. Grad nrdlicher Breite gebildet werden; von dort soll die
Grenze in nrdlicher Richtung, indem sie den Ort Morozugu an Grofsbritannien
lfst, laufen und an Ort und Stelle durch eine gemischte Kommission der
beiden 'Mchte in der Weise festgesetzt werden, dafs Gambaga und die smt-
lichen Gebiete von Mamprusi an Grofsbritannien, Yendi und die smtlichen
Gebiete von Chakosi an Deutschland fallen.
Deutschland ist bereit, etwaigen Wnschen der grofsbritannischen Regie-
rung in Bezug auf die Gestaltung der beiderseitigen Zolltarife in Togo und
der Goldkste nach Mglichkeit und in weitgehendster Weise entgegenzukommen.
Deutschland gicbt seine exterritorialen Rechte in Zauzibar auf; jedoch ist
gleichzeitig verabredet, dafs dieser Verzicht erst mit dem Zeitpunkt in Kraft
treten soll, an welchem die anderen Nationen dort zustehenden Exterritorialitts-
rechte ebenfalls aufgehoben sein werden.
Bndnisse, Vertrge, Konventionen, Protokolle etc. 3
Arti k el VIII. Nr. 1206%.
Die vorliegende Konvention soll sobald als mglich ratifiziert werden und Roich und
unmittelbar nach Austausch der Ratifikationen in Kraft treten. || Zu Urkund Gro"-
dessen haben die Unterzeichneten sie vollzogen und ihre Siegel beigedrckt. 4. Nov. 1So.
So geschehen in doppelter Ausfertigung zu London, den 14. November 1899.
(L. S.) Hatzfeldt.
(L. S.) Salisbury.
Es herrscht Einverstndnis darber, dafs Deutschland durch den Artikel II
der am heutigen Tage vollzogenen Konvention seine Zustimmung dazu erklrt,
dafs die ganze Gruppe der IIowe-Inseln, welche einen Teil der Salomons-
Inseln bildet, an Grofsbritannion fallen soll. || Es ist gleichfalls ausgemacht,
dafs die Bestimmungen der von den beiden Regierungen am 10. April 1886
zu Berlin unterzeichneten Deklaration, betreffend die Handelsfreiheit im west-
lichen Stillen Ozean, auf die in der vorstehenden Konvention erwhnten Inseln
anwendbar sind. || Es ist ebenso verabredet worden, dafs die zur Zeit bestehende
bereinkunft ber die Anwerbung von Arbeitern auf den Salomons-Inseln
durch deutsche Reichsangehrige den letzteren gestattet, diese Arbeiter unter
denselben Bedingungen anzuwerben, welche grofsbritannischen, nicht auf jenen
Inseln wohnhaften Unterthanen auferlegt sind oder noch auferlegt werden.
So geschehen in doppelter Ausfertigung zu London, den 14. November 1899.
(L. S.) Hatzfeldt.
(L. S.) Salisbury.
Nr. 12069. DEUTSCHES REICH, VEREINIGTE STAATEN von
AMERIKA und GROSSBRITANNIEN. Aufhebung der
Samoaakte von 1889.
Washington, 2. Dezember 1899.
Seine Majestt der Deutsche Kaiser, Knig von Preufsen, im Namen des Nr. 12069.
Deutschen Reichs, der Prsident der Vereinigten Staaten von Amerika und nReiche
Ihre Majestt die Knigin des Vereinigten Knigreichs von Grofsbritannien vereinigte
und Irland, Kaiserin von Indien, von dem Wunsche geleitet, auf freundschaft- Amerika und
lichem Wege die Fragen, welche in betreff der Samoa-Inseln sich ergeben GroCs-
haben, zu erledigen, und allen knftigen Mifsverstndnissen ber gemeinschaft- tr tan1ien.
liehe oder besondere Besitzrechtc und Ansprche oder ber Ausbung der
Gerichtsbarkeit auf diesen Inseln vorzubeugen, sind bereingekommen, alles
dies durch eine besondere Konvention zu ordnen und festzulegen. Nachdem
zwischen den Regierungen Deutschlands und Englands, mit bereinstimmung
derjenigen der Vereinigten Staaten, ber ihre wechselseitigen Rechte und
Interessen an diesen Inseln bereits ein bereinkommen getroffen worden ist,
haben die drei vorgenannten Michte im Hinblick auf das vorerwhnte Ziel
4 Bndnisse, Vertrge, Konventionen, Protokolle etc.
Nr. 12069. nachstehende Bevollmchtigte ernannt: |1 Seine Majestt der Deutsche Kaiser,
Deich, Knig von Preufsen: || Allerhchstihren aufserordentlichen und bevollm chtigten
Vereinigte Botschafter, Wirklichen Geheimen Rat, Dr. von Holleben; |1 der Prsident der
Amerika und Vereinigten Staaten von Amerika: 1| den Staatssekretr der Vereinigten Staaten
Grofm- The Honorable John Hay; || Ihre Majestt die Knigin des Vereinigten Knig-
2. Dez. F99. reichs von Grofsbritannien und Irland: || Allerhechstihren aufserordentlichen und
bevollmchtigten Botschafter The Right Honorable Lord Pauncefote of Preston,
G. C. B., G. C. M. G., II welche nach gegenseitiger Mitteilung ihrer in guter und
gehriger Form befundenen Vollmachten folgende Bestimmungen vereinbart
und ausgemacht haben:
Die von den vorgenannten Mchten am 14. Juni 1889 in Berlin ab-
geschlossene und unterzeichnete Generalakte wird hiermit aufgehoben; des-
gleichen werden alle dieser Akte vorausgegangenen Vertrge, Abkommen und
Deutschland verzichtet zu gunsten der Vereinigten Staaten von Amerika
auf alle seine Rechte und Ansprche an der Insel Tutuila und an allen
anderen stlich des 171. Lngengrades westlich von Greenwich gelegenen
Inseln der Samoagruppe. |i In gleicher Weise verzichtet Grofsbritannien zu
gunsten der Vereinigten Staaten von Amerika auf alle seine Rechte und An-
sprche an der Insel Tutuila und an allen anderen stlich des 171. Lngen-
grades westlich von Greenwich gelegenen Inseln der Samoagruppe. || In gleicher
Weise verzichten die Vereinigten Staaten von Amerika zu gunsten Deutsch-
lands auf alle ihre Rechte und Ansprche auf die Inseln Upolu und Savaii und
alle anderen westlich des 171. Lngengrades westlich von Greenwich gelegenen
Inseln der Samoagruppe.
Es wird ausdrcklich ausgemacht und vereinbart, dafs jede der drei
unterzeichneten Mchte auch fernerhin fr ihren Handel und fr ihre Handels-
schiffe in allen Inseln der Samoagruppe die gleichen Vorrechte und Zugestnd-
nisse geniefsen soll, welche die souverne Macht in allen den Hfen geniefst,
die dem Handel einer dieser Mchte offen stehen.
Die vorliegende Konvention soll sobald als mglich ratifiziert werden und
unmittelbar nach Austausch der Ratifikationen in Kraft treten. )| Zu Urkund
dessen haben die Unterzeichneten sie vollzogen und ihre Siegel beigedrckt.
So geschehen in dreifacher Ausfertigung zu Washington, den 2. Dezember
(L. S.) Ilolleben.
(L. S.) John Hay.
(L. S.) Pauncefote.
BIndnisse, Vertrge, Konventionen, Protokolle etc. 5
Nr. 12070. DEUTSCHES REICH, VEREINIGTE STAATEN von
AMERIKA und GROSSBRITANNIEN. Abkommen be-
hufs schiedsgerichtlicher Regelung gewisser
Schadensersatzansprche auf Samoa.
Washington, 7. November 1899.
Seine Majestt der Deutsche Kaiser, Knig von Preufsen, im Namen des Nr. 12070o.
Deutschen Reiches, der Prsident der Vereinigten Staaten von Amerika und Deutjhes
Ihre Majestt die Knigin des Vereinigten Knigreichs von Grofsbritannien Vereinigte
und Irland, geleitet von dem Wunsche, die durch die jngst auf den Samoa- Ameik u,,d
Inseln stattgefundenen militrischen Aktionen veranlafsten Schadensersatzansprche Grors-
der dortselbst ansssigen Angehrigen der beteiligten Reiche und Staaten hal-, 19nien.
digst und allseitig zufriedenstellend zu erledigen, und entschlossen, ein Ab-
kommen behufs schiedsgerichtlicher Regelung dieser Frage abzuschliefsen, haben
zu Ihren Bevollmchtigten ernannt: [| Seine Majestt der Deutsche Kaiser,
Knig von Preufsen: || Allerhchstihren Gesandten in aufserordentlicher Mission
den Geheimen Legationsrat Dr. jur. Mumm von Schwarzenstein; || der Prsident
der Vereinigten Staaten von Amerika: || den Staatssekretr der Vereinigten
Staaten The Honorable John IIay; j1 Ihre Majestt die Knigin des Vereinigten
Knigreichs von Grofsbritannien und Irland: || Allerhchstihren Geschftstrger
ad interim Mr. Reginald Tower; || welche, nach gegenseitiger Mitteilung ihrer
in guter und gehriger Form befundenen Vollmachten, folgende Bestimmungen
vereinbart und ausgemacht haben:
Alle Ansprche, welche von Deutschen, von amerikanischen Brgern oder
von britischen Unterthanen und zwar sowohl von Einzelpersonen wie auch von
Gesellschaften wegen Ersatzes von Schden geltend gemacht werden, welche
sie infolge der ungerechtfertigten militrischen Aktion deutscher, amerika-
nischer oder englischer Offiziere, sofern eine solche nachgewiesen wird, in dem
Zeitabschnitt vom 1. Januar d. J. bis zu dem Tage erlitten zu haben vorgeben,
an welchem die Ankunft der Kommission erfolgt ist, sollen durch einen nach
Grundstzen des Rechts oder nach Erwgungen der Billigkeit zu fllenden
Schiedsspruch erledigt werden.
Seine Majestt der Knig von Schweden und Norwegen wird seitens der
drei Regierungen ersucht werden, das Amt des Schiedsrichters anzunehmen.
Durch diesen Schiedsspruch soll ferner entschieden werden, ob die eine oder
die andere der drei Regierungen, allein oder in Verbindung mit einer der
anderen Regierungen oder in Verbindung mit beiden anderen Regierungen
diese Schden zu ersetzen hat und eventuell in welchem Umfange.
Jeder der drei Regierungen soll es, nachdem sie in jedem Falle die vor-
hergehende Zustimmung der anderen Regierungen erlangt hat, gestattet sein,
6 Bndnisse, Vertrge, Konventionen, Protokolle etc.
Nr. 12o70. dem Schiedsspruche des Knigs auch hnliche Anspriiche von solchen nicht
Reisch eingeborenen Personen zu unterbreiten, welche unter dem Schutze der be-
vereinigte treffenden Macht stehen und nicht den oben erwhnten Kategorien angehren.
Amerika und Art i k e 1 IV.
britannien. Das gegenwrtige Abkommen soll von Seiner MAajestt dem Deutschen
7. Nov. 1S99.
S Kaiser, Knig von Preufsen, von dem Prsidenten der Vereinigten Staaten von
Amerika unter Zuziehung und mit Zustimmung des Senates der Vereinigten
Staaten und von Ihrer Majestt der Knigin des Vereinigten Knigreichs von
Grofsbritannien und Irland ratifiziert werden; und die Ratifikationsurkunden
sollen in vier Monaten von dem heutigen Tage an gerechnet oder wenn mg-
lich frher in Washington ausgetauscht werden. || Zu Urkund dessen haben wir,
die unterfertigten Bevollmchtigten, dieses Abkommen unterzeichnet und unsere
So geschehen in dreifacher Ausfertigung zu Washington, den siebenten
(L. S.) A. von M\umm.
(L. S.) John Hay.
(L. S.) Reginald Towor.
Nr. 12071. JAPAN und GRIECHENLAND. Fre un dschafts-,
Handels- und Schiffahrtsvertrag.
Athen, 20. Mai 1899.
Nr. 12071. Ilis Majesty the Emperor of Japan and Ilis Majesty the King of the
Griechen- IIellenes, being equally animated by a desire to establish upon a firm and
1.ana. lasting foundation, relations of friendship and commerce between their respec-
20,. MailSA. tive States and subjects, have resolved to conclude a Treaty of Amity, Com-
merce and Navigation, and have for that purpose named as their respective
Plenipotentiaries, that is to say: || His Majesty the Emperor of Japan,
M. Makino Nobuald, Jushii, Third Class of the Imperial Order of the Sacred
Treasurei, IIis Majesty's Envoy Extraoi'dinary and Minister Plenipotentiary;
And IIis Majesty the King of the Ilellenes, M. Athos Romanos, Knight of the
Royal Order of the Saviour, His Majesty's Minister for Foreign Affairs; [|
Who, having communicated to each other their respective Full Powers, and
found them in good and due form, have agreed upon the following artieles:-
There shall l)e firm and perpetual peace and amity between the Empire
of Japan and the Kingdom of Greece, and their respective subjects.
IIis Majesty the Emperor of Japan may, if He sees fit, accredit a Diplo-
inatic Agent to Greece, and Ilis Majesty the King of the Hellenes, may
Buindnisse, Vertrge, Konventionen, Protokolle etc.
equally, if He thinks proper, accredit a Diplomatie Agent to Japan; and each Nr. 12071.
of the High Contracting Parties shall- bave the riglit to appoint Consuls- Graian un
General, Consuls, Vice-Consuls and Consular Agents, to reside in all the ports land.
and places within the territories and possessions of the other Contracting20'. Mai 1s9
Party, where similar Consular officers of the most favored nation are per-
mitted to reside; but before any Consul-General, Consul, Vice-Consul, or Con-
sular Agent sliall act as such, he shall, in the usual form, be approved and
admitted by the Government to which he is sent. 1I The Diplomatie and Con-
sular officers of each of the two High Contracting Parties shall, subjeet to
the stipulations of this Treaty, enjoy in the territories and possessions of the
other whatever rights, privileges, exemptions and immunities which are, or
shall be granted there to officers of corresponding rank of the most favored
There shall be between the territories and possessions of the two High
Contracting Parties reciprocal freedom of commeree and navigation. Tle sub-
jeets respectively of each of the High Contracting Parties shall have the right
to come freely and securely with their ships and cargoes to all places, ports
and rivers, in the territories and possessions of the other, where subjeets or
citizens of the most favored nation are permitted so to come; they may
reinain and reside at all the places or ports where subjects or citizens of the
most favored nation are permitted to remain and reside, and they may there
hire and occupy houses and warehouses, and may there trade by wholesale or
retail in all kinds of products, manufactures and merchandise of lawful com-
merce. II In all that concerns the acquisition, enjoyment and disposition of
property of all kinds, the snbjects of one of the High Contracting Parties
shall be placed in the territories and possessions of the other, on a footing
of equality with the subjects or citizens of the nation most favored.
The High Contracting Parties agree that, in all that concerns residence,
travel, commerce and navigation, any privilege, favor or immunity which either
Contracting Party has actually granted, or may hereafter grant, to the Govern-
ment, ships, subjects, or eitizens of any other State, shall be extended im-
mediately and unconditionally to the Government, ships, subjects, or citizens
of the other Contracting Party, it being their intention that the trade and
navigation of each country shall be placed, in all respects, by the other on
the footing of the most favored nation.
No other or higher duties shall be imposed on the importation into Japan
of any article the produce or manufacture of Greece, and, reciprocally no
other or higher duties sliall be imposed on the importation into Greece .of
8 Bndnisse, Vertrge, Konventionen, Protokolle etc.
Nr. 1201., any article, the produce or manufacture of Japan, than are or shall be
"aanu unayable on the importation, for the same purpose, of the like artiele being
land. the produce or manufacture of any other foreign country. Nor shall any
20. Mai 199. other or higher duties or charges be imposed in the territories or possessions
of either of the two High Contracting Parties on the exportation of any
artiele to the territories or possessions of the other than such as are or may
be payable on the exportation of the like article to any other foreign country.
No prohibition shall be imposed on the importation of any article, the pro-
duce or manufacture of the Territories or Possessions of either of the High
Contracting Parties into the Territories or Possessions of the other, which
shall not equally extend to the importation of the like article being the' pro-
duce or manufacture of any other country. Nor shall any prohibition be
imposed on the exportation of any article from the Territories or Possessions
of either of the Iligh Contracting Parties to the Territories or Possessions of
the otlier, which shall not equally extend to the exportation of the like article
to the territories of all other Nations.
In all that relates to transit, warehousing, bounnties, facilities and draw-
backs, the subjects of each of the High Contracting Parties, shall in the Ter-
ritories and Possessions of the other, be placed in all respects upon the most
favored nation footing.
No other or higher duties or charges on account of tonnage, light or
harbor dues, pilotage, quarantine, salvage in case of damages, or any other
similar or corresponding duties or charges of whatever nature or under
whatever denomination levied in the name or for the profit of Government,
public functionaries, private individuals, corporations or establishments of any
kind, shall be imposed in any of the ports of Japan on vessels of Greece or
in any of the ports of Greece on vessels of Japan, than are or may hereafter
be payable in like cases in the same ports on vessels of the most favored
The coasting trade of both the High Contracting Parties is excepted
from the provisions of the present Treaty. It shall be regulated by the
Laws, Ordinances and Regulations of the two countries respectively.
All vessels which, according to Japanese law are to be deemed Japanese
vessels, and all vessels which, according to Hellenic law are to be deemed
Hellenic vessels, shall, for the purposes of the present Treaty, be deemed
Japanese and Hellenice vessels respectively.
Bndnisse, Vertrge, Konventionen, Protokolle etc. 9
Article X. Nr. 120o1.
Any ship-of-war or merchant vessel of either of the High Contracting Japan und
Parties which may be compelled by stress of weather, or by reason of any land.
other distress, to take shelter in a port of the other, shall be at liberty to 20. Mai 190.
refit therein, to procure all necessary supplies, and to put to sea again,
without paying any dues other than such as would be payable by national
vessels. In case, however, the master of a merchant vessel should be under
the necessity of disposing of a part of his cargo in order to defray the ex-
penses, he shall be bound to conform to the regulations and Tariffs of the
place to which he may have come. If any ship-of-war or merchant vessel of
one of the Contracting Parties should run aground or be wrecked upon the
coasts of the other, such stranded or wrecked ship or vessel, and all parts
thereof, and all furnitures and appurtenances belonging thereunto, and all
goods and merchandise saved therefrom, including those which may have been
cast into the sea, or the proceeds thereof, if sold, as well as all papers found
on board such stranded or wrecked ship or vessel, shall be given up to the
owners or their agents, when claimed by them: If such owners or agents are
not on the spot, the same shall be delivered to the respective Consuls-General,
Consuls, Vice-Consuls or Consular Agents upon being claimed by them within
the period fixed by the laws of the country, and such Consular officers,
owners or agents shall pay only the expenses incurred in the preservation of
the property, together witli the salvage or other expenses which would have
been payable in the case of a wreck of a national vessel. || The goods and
merchandise saved from tle wreck shall be exempt from all the duties of the
Customs unless cleared for consumption, in which case they shall pay the
ordinary duties. |1 When a ship or vessel belonging to the subjects of one of
the Contracting Parties is stranded or wrecked in the territories of the other,
the respective Consuls-General, Consuls, Vice-Consuls and Consular Agents
shall be authorized, in case the owner or master, or other agent of the
owner, is not present, to lend their official aid in order to afford the neces-
sary assistance to the subjects of the respective States. The same rule shall
apply in case the owner, master or other agent is present, but requires such
assistance to be given.
The subjects and vessels of Greece resorting to Japan, or to the terri-
torial waters thereof, shall, so long as they there remain, be subject to the
laws of Japan and to the jurisdiction of Japan; and, in the same manner, the
subjects and vessels of Japan resorting to Greece and to the territorial waters
of Greece shall be subject to the laws and jurisdiction of Greece.
The subjects of each of the High Contracting Parties shall, in the Terri-
tories and Possessions of the other respectively enjoy perfect protection for
10 Bndnisse, Vertrge, Konventionen, Protokolle etc.
Nr. 12071. their persons and property; they shall have free and open access to the
Japan nad Courts of justice for the proseention and defence of their riglits; and they
land. sliall equally with native subjects be at liberty to employ advocates, attorneys
20o. Mai is9io.r agents to represent them before such Courts of justice. || They shall also
enjoy entire liberty of conscience and subject to the laws, ordinanees and
regulations for the time being in force, shall enjoy the right of private or
public exercise of tlieir worship, and also the right of burying their respective
countrymen according to their religious customs, in such suitable and con-
venient places as may be established and maintained for the purpose.
In regard to billeting; forced or compulsory military service, whether by
land or sea; contributions of war; military exactions or forced loans, the
subjects of each of the two High Contracting Parties shall in the Territories
and Possessions of the other, enjoy the same privileges, immunities and
exemptions as the subjects or citizens of the nation most favored in these
The dwellings, warehouses and shops of the subjects of each of the High
Contracting Parties in the Territories and Possessions of the other, and all
premises appertaining thereto destined for purposes of residence or commerce,
shall be respected. l1 It shall not be allowable to proceed to make a search
of, or a domiciliary visit to such dwellings and premises, or to examine or
inspect books, papers or accounts, except under the conditions and with the
forms prescribed by the laws, ordinances and regulations for subjects of the
The present Treaty shall take effect immediately after the exchange of
ratifications, and sliall continue in force for the period of twelve years from
the date it goes into operation. |1 Either of the two Iligh Contracting Parties
shall lave the right, at any time after eleven years shall have elapsed from
the date this Treaty takes effect, to give notice to the otlier of its intention
to terminate the same and at the expiration of twelve montls after such no-
tice is given this Treaty shall wholly cease and determine.
The present Treaty shall be signed in duplicate in the Japanese, Greek
and English langnages and in case there should be found any discrepancy
between the Japanese and Greek texts, it will be decided in conformity with
the English text, which is binding upon both Governiments.
The present Treaty shlall be ratified by the two Contracting Parties, and
the ratificeations shall be exclianged at Rome as soon as possible. || In witness
Bndnisse, Vertrge, Konventionen, Protokolle etc. 11
whereof the respective Plenipotentiaries have signed this Treaty and hereunto Nr. 12071.
affixed their respective seals. Oriechen-
Done in sextuplicate at Athens this first day of the sixth month of the land.
thirty-second year of Meiji, corresponding to the twentieth day of May of the 20. Mai 1899.
year one thousand eight hundred and ninety-nine of the Christian Era.
(L. S.) N. Makino.
(L. S.) A. Romanos.
Nr. 12072. ITALIEN und COSTA RICA. Postvertrag.
Rom, 26. April 1898.
II1 Governo del Regno d'Italia e quello della Repubblica di Costa-Rica, Nr. 1207o.
desiderando di facilitare le relazioni commerciali fra i due paesi, merc il costa Rica.
cambio dei pacchi postali, |1 I sottoscritti, debitamente antorizzati, hanno con.20.Apris98s.
venuto nelle seguenti disposizioni:
Art. 1. Nei rapporti tra il Regno d'Italia e la Repubblica di Costa-Rica
messa in esecuzione la convenzione relativa al cambio dei pacchi postali
ed il corrispondente regolamento di esecuzione, stipulato a Vienna il 4 luglio
Art. 2. II cambio e limitato ai paechi senza dichiarazione di valore e
seuza assegno. Ciascun pacco non potr eccedere il peso di 5 chilogrammi,
n le dimensioni di 60 centimetri in un senso qnalunque.
Art. 3. 1 La tassa di ciascun paeco dall'Italia per la Costa-Rica e
vieeversa, si compone:
Quota dell'Italia . L. 0,75
Quota della Costa-Rica ,, 0,75
Trasporto marittimo . ,, 1,-
Totale . L. 2,50
Ciascuna amministrazione avr, facolt di ridurre a 50 centesimi la quota
di centesimi 75.
2 Le due amministrazioni si bonificheranno reciprocamente le quote ehe
3 Per i pacchi in transito eiascuna amministrazione bonificher all'altra
le tasse indicate nel respettivo quadro A.
Art. 4. II eambio dei pacchi postali sar effettuato tra l'ufficio di
Genova-Porto e quello di Porto Limon, per mezzo dei piroscafi italiani.
Art. 5. Questa convenzione andr in vigore dal giorno ehe sar fissato
d'accordo tra le due amministrazioni postali, e potr essere rescissa da una
delle due Parti col preavviso di un anno. || Nel caso che la Costa-Rica aderisse
in seguito alla convenzione dei pacehi postali della Unione, questa convenzione
12 Bndnisse, Vertrge, Konventionen, Protokolle etc.
Nr. 12072. speciale cesser dal giorno in cui la Costa-Rica metter in esecuzione quella
Ita"en und della Unione.
6.Apuiis89s. In fede di che, i sottoscritti, debitamente autorizzati, hanno firmato la
presente convenzione e vi hanno apposto i loro suggelli particolari.
Fatta in doppio esemplare a Roma, li 26 aprile 1898.
II Ministro degli affari esteri d'Italia
(L. S.) Visconti Venosta.
11 Console generale
della Repubblica di Costa Rica in Roma
(L. S.) Rafael Montealegre.
Grofsbritannien und Sidafrikanische Republik,.
Verhandlungen ber das Dynamitmonopol.*)
Nr. 12073. GROSSBRITANNIEN. Der Kolonialmini.ster an den
Oberkommissar in Kapstadt. Die engl. Regierung
protestiert gegen die Verlngerung des Dynamit-
Downing Street, January 13, 1899.
Sir, 1I The question of the importation of explosives into the South African Nr. 12073.
Republic has, as you are aware, been brought to my notice by British manu- britannien.
facturers, who complain that their manufactures are refused admittance into the 13.Jan.999
Republic, and that they are thereby debarred from carrying on their commerce
within the Republic conformably to Artiele XIV. of the London Convention.
2. On receipt of these representations, it became my duty to give the whole
subject my full and eareful consideration. j| 3. It is not necessary for the
present purpose to make more than passing reference to the circumstances of
the monopoly granted in 1887 to Mr. Edward Lippert, which gave ground
for strong representations on the part of Her MIajesty's Government, and
which was formally eaneelled in 1892. The present eircumstances are, nomi-
nally at all events, somewhat different, the Volksraad in 1893 having declared
the traffic in explosives to be a Governmcnt monopoly, the execution of which
might, with the consent of the Executive, be transferred to other persons,
subject to Regulations laid down by the Volksraad. || 4. Accordingly, in
October, 1893, the Government concluded a contract with NIr. L. G. Vorst-
mann, by which he was appointed sole agent for fifteen years for carrying
out the monopoly. Under this contract the agent was given the right to
establish a Company for the purpose, he was allowed to charge certain maxi-
mum prices for dynamite, amounting, in the ease of Dynamite No. 1, to
4 15 s. per case, and was to pay to the Government 5 s. per case of dyna-
mite sold, as well as an amonnt not exceeding 20 per cent. of the "surplus,"
which was defined to be the balance remaining after deduction of all costs,
wear and tear, the usual writings off, and interest of 8 per cent. on the
eapital. The agent further engaged to erect manafactories within the two and
a half years allowed by the Volksraad Regulations, and, pending their erection,
the Government were themselves to import all materials required, and place
them at the disposal of the agent, who was to hand over to the Government
*) Blaubuch C. 9317. Vgl. Bd. 63. Red.
14 Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber das Dynamitmonopol.
Nr. 12073. the proceeds of the sale, from which the Government were to deduct 5 s. per
riaies-n case and the sums paid for the materials imported, returning the balance to
]3.Jan.i s9. the agent. Ij 5, Her Majesty's Governmcnt arc advised that the ereation of a
monopoly in favour of the State is not necessarily inconsistent with Article
XIV. of the London Convention, even when exereised by a eoncessionnaire,
provided that the concession is intended in good faith to benefit the State
generally, and not simply to favour the concessionnaire. || 6. The question, thin,
which presented itself to me was whether the dynamite monopoly, as exercised
under the contract with Mr. Vorstmann, was for the benefit of the State
generally, or for the benefit of the concessionnaire.
7. From the report of the Commission of the Volksraad appointed in
February 1897, to inquire into the working of the monopoly, a translation of
which is included in the papers laid before Parliament in April of that year,
I gathered the following facts:- |1 The Company which the Government Agent
was empowered to form was constituted under the designation of the "Zuid
Afrikaansche Fabrieken voor Ontplofbare Stoffen, Beperkt" (South African
Explosives Company, Limited). They did not complete their factory within
the period of two and a half years allowed by their contract, but in October
1896 they claimed to be in a position to manufacture 80,000 cases annually,
the total requirements of the country being estimated at 200,000 cases, and
thereupon the Executive Council, contrary to a resolution of the Volksraad
of September 1894, which expressly forbade any departure from the regula-
tions, allowed the Company a further two and a half years for erecting
factories sufficient to supply the needs of the country. Under the most
favourable conditions, and assuming that the expectations held out by the
Company were fully realized, the Commission estimated that for the four
years, 1897-1900, it would be necessary to import at least 430,000 cases
over and above what could be produced by the Company. The treatment in
the factory of the imported dynamite and blasting gelatine was stated to
consist of the simple process of making *them up into cartridges, while as
regards the comparatively small proportion which the Company claimed to
manufacture, it appeared that all the essential raw materials had to be im-
ported, as they were not produced within the State, nor was there any like-
lihood in the near future thait tley would be. In this connection the Coinm-
mittee observed: "It is therefore clear that the Government Agent has not
fulfilled the promise he made in the contract, viz., to produce dynamite and
otlier explosive materials in such quantities as the needs and demands within
the South African Republic require." IDealing with the profits made by the Com-
pany on tlie iiiportation of explosives, as distinct from the profit on those
manufactured by them, the report contains the following statements:- |1 "This
importation brings the Company extreinely great profits that have nothing to
do with those arising from the explosive materials manufactured by the Comn-
pany itself. |] Your Commission finds from the accounts which have been laid
Grofsbritannien u. Sdafrikau. Republik. Verhandlungen ber das Dynamitmonopol. 15
before it by the State Secretary, that the profits made by the Company on Nr. 12073.
explosive gelatine and guhrimpregnd, imported and paid for by the State, Grios-
amount to close upon 1' 2 per ease, of which only 5 s. per ease comes tol:.Jan.1899.
the Republic. jj Applying the above calculation to the 430,000 cases, the mi-
nimium that must be imported in the next four years, we obtain the result
tliat, if the State imported, the Treasury would benefit to the amount of
860,000, whilst if thlie Company does so the profit to the State would only
be 107,500, thus making a differenee to the disadvantage of the State of
2 752,500. || The advantage aceruing to the State by importing on its own
account would probably be still greater after 1900, on aecount of the in-
8. It seemed from this impossible to doubt that the monopoly as then
exereised involved an infringement of Artiele XIV. of thlie London Convention;
that it was not a monopoly for the benefit of the State generally; and that
it served no purpose of State by making the Republic independent of outside
sourcees, while finaneially the result to the State was a loss to be measured
in hundreds of thonsands of pounds. l| 9. Hler Majesty's Government did not,
however, make known their views on the subject, because, in April 1897, a
Conimission was appointed by tlhe Governument of the South African Republic
to inquire into all matters which hindered the development of the mining
industry, and to make such recommendations as might tend to their impro-
veinent and ainendnuent. In view of the circumstances set forth in the report
already quoted, HIer Majesty's Government were confident that any competent
Commission could not fail to condemni the abuses of the system, and they
hoped that the Governinent of tle South African Republic would deal with
these abuses independently and at the instance of a Commission appointed by
10. As regards the recommendations of the Government Commission, the
expectations of Her Majesty's Government were fully justified. || The Commis-
sion, after examining a number of witnesses, including leading representatives
of the mining industry and M1r. Phillip, Director of the South African Com-
pany of Explosives, reported on the 27th July that the price of all kinds of
explosives was unreasonably high. "When we bear in mind," they said, "that
the excess chliarge of 40 s. to 45 s. per ease sold does not benefit the State,
but serves to enrich individuals for the most part resident in Europe, the in-
justice of such a tax on the staple industry becomes more apparent, and
demands immediate removal." They found, like the Volksraad Commission, that
none of the raw material for manufacture is found in the country, or only in
such small quantities as to make it practically valueless for tle plirpose re-
quired (an opinion further confirmed by the technical report of Dr. Loevy,
published by the Transvaal Government in July 1898), and they asserted that
such drawbacks to the manufacture of explosives in the Transvaal existed
that they make it "ahnost impossible to establish a bona fide industry."
16 Grofsbritannien u. Sdafrikan. Republik. Verbandlungeu ber dlas Dynamitmonopol.
Nr. 12073. They were "forced to the conclusion that the factory has not attained the
brtaien. object with which it was established, and that there is no reasonable prospect
13.Jan.18ss9. of its doing so. 11 "That there are good grounds for believing that the Con-
tractors have failed to comply with the conditions of their contract, which
required them to establish, complete, and bring into operation, on or before
the 24th April, 1896, one or more factories for the manufacture of dynamite
and other explosives of such nature and quality and of such quantity as the
requirements and demands within the South African Republic shall require
and demand." 1| The Committee proceeded to report as follows: || "For the
aforesaid reasons, and in view of the opinion, expressed by the Volksraad
Dynamite Committee, that the legal position of the Government against the
Contractors is undoubtedly strong, your Commission desire to recommend that
the case be placed in the bands of the legal advisers of the State, with a
view to ascertain whether the contract can be cancelled. || "Meanwhile, your
Commission recommend that the Government avail itself forthwith of its right
under Article 15 of the Regulations, namely:- I| 'Tlhe Government will reserve
for itself-(a.) The right, wien the interests of the State render it necessary,
to take away the agency of trading in gunpowder, dynamite, cartridges, and
other explosive stuffs, from above-mentioned persons,' &c., || and at once take
into its own hands the importation of dynamite and other explosives for the
benefit of the mining industry, subject to duty of not more than 20 s. per
ease, or such otlier less sum as may be determined on from time to time.
This protecting duty, while considerably increasing the revenue of the State,
would, at the same time, afford ample protection to any industry of this
description in the Republic."
11. The expectation of IHer Majesty's Government that the Government
of the South African Republic would act in accordance with these recommen-
dations has not, however, as yet, been realised. 1j After a lapse of nearly
eighteen inonths "the monopoly still exists without any modification. || 12. In
August 1897 the Government asked the First Volksraad to appoint a further
Commission to consider the report of the Government Commission on the
Mining Industry, and this was accordingly done. 11 Of the report, dated the
16th October, 1897, which was made by that Commission of the Volksraad
I need not say more than that Commission appear to have been singularly
ill-informed as to the price of dynamite; but the report gave rise to a long
and very interesting debate in the Volksraad, in the course of which General
Joubert declared that the monopoly "was in faet no longer a Stat. monopoly,
but Lippert's monopoly, for he still made most profit out of it." Iis Hlonour
continued that the same reasons which existed for cancelling the contract
with Lippert still existed, and he expressed the hope that the Volksraad
would cancel the "Lippert alias Vorstman Contract" as they had cancelled the
former Lippert Contract. I do not in fact find in the arguments of those
members who supported the monopoly any serious attempt to disprove the
Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber dasDynamitmonopol. 17
facts and figures adduced to show that the monopolist Company is making an Nr. 12073.
enormous profit without benefit to the State. i| Ultimately the following reso- britannion.
lution was carricd on the 4th November, 1897, by a majority of one:- || "Thea3.Jan.isa'o.
First Volksraad having taken into consideration Chapter VII. of the report
of tle Commission regarding dynamite and explosive materials now being dealt
with, and the memorials in connection witl it, further considering that with
reference to this matter a contract has been entered into by the Government
with L. G. Vorstmann, further considering the report of the Commission and
the explanations and facts adduced by various members that the Company has
not acted strictly in accordance with the contract, resolves to charge the
Executive Couneil to place this matter in tle hands of the State Attorney
and other legal authorities, in order to ascertain what steps can be taken in
it, and then to act according to circumstances, in order to provide the mines
witli cheaper dynamite, either by allowing importation under permits, subjeet
to the payment of the ordinary customs dues, or otherwise as the Executive
Council thinks desirable."
13. It appears that the Volksraad placed the matter at the discretion of
the Executive. |[ All that has hitherto been effected, however, is a reduction
of 10 s. per ease in the price of dynamite, the Company agreeing to surrender
5 s., and the Government also surrendering 5 s. || The reduction would be
unimportant were it not that the surrender of the 5 s. by the Government,
being the whole amount of the royalty to which they are enititled, makes it
more than ever difficult to understand in what way the monopoly can be
considered to be a State monopoly. It is, indeed, true that tlie Government
is entitled to a share not exceeding 20 per cent. of the surplus profits, but
even were large sums paid to the Government on that account, which, I
understand, owing to the system of writings off, is not the case, it can scar-
cely be held that a contingent right to a small share in the profits of the
monopoly makes it a bon fide Government monopoly. |1 14. No report by
the legal advisers of the Government has yet been publislied, thotgh on the
15th November, 1898, during a debate in the Volksraad on a memorial from
the Chamber of Mines, praying for the cancellation of the monopoly, the
State Attorney promised that the report would be laid before tlie Raad before
long. II 15. Her Majesty's Government have now learned with surprise tliat the
Government of the Republic has asked the Volksraad to extend the duration
of the monopoly for a further period of fifteen years, in return for another
small reduction of 5 s. per case in the price of explosives, and that it is
proposed, at the same time, so to modify the Concession as to virtually put
it out of the power of the Government to cancel it on any of the grounds
which now form a menace to the Company's position.
16. From the figures given by the Government Commission already quoted,
it appears that, even after a further rednction of 5 s. per case, the price to
be charged by the Company would still be 25 s. to 30 s. per case in exces.s
Staatsarchiv LXIV. 2
18 Grof britannien u. Sdafrikan Republik. Verhandlungen ber das Dynamitm nopl.
Nr. o2073. of that at which the same quality of dynamite could be imported and laid
Gbri en. down in Johannesburg. || On 200,000 cases, which was reported by the Volks-
i3.Jan.18s9.raad Commission to be the annual consumption in February 1897, this would
represent a loss to the mining industry of from 9 250,000 to S 300,000 per
annum. The same Commission estimated the average annual consumption for
the four years 1897-1900 at 250,000 cases. At the same rate of increase
the average annual consnmption during the last four years of the term for
which the Concession was originally granted, would be 350,000 cases, repre-
senting a loss of from Y 437,500 to 525,000, while if the concession were
extended for fifteen years further, the annual loss before the end of that term
would be no less than from 2 687,500 to 825,000. Even if the greater
part only of this gigantie sum found its way into the coffers of the State, it
is reasonable to suppose that the burden of taxation on the general commu-
nity would to that extent be lightened. I1 17. The Volksraad has not indeed,
so far, accepted the proposal referred to, as its consideration has been
deferred till the next Session. 11 In view, however, of such a proposal having
been made, Her Majesty's Government feel that they must no longer delay to
make known their view of the matter to the Government of the South African
Republic, and to protest not only against the prolongation of a monopoly
which they hold to be inconsistent with the provisions of the London Con-
vention, but against any further delay in taking steps to cancel the concession,
or so to reform it that it may be exercised in good faith for the benefit of
the State. || 18. If the Government of the South African Republic should
persist in the proposal to extend the term for which the monopoly has been
granted, they must clearly understand that Her Majesty's Government reserve
to themselves the right to renew their protest, notwithstanding the grant of
such an extension, and Her Majesty's Government must not be understood as
in any sense admitting the legality of the original concession or of its ex-
tension. II 19. I request that you will instruct Her Majesty's Agent at Pretoria
to communicate a copy of this despatch to the Government of the South
African Republie. J. Chamberlain.
The dynamite war.
Regulations versus Contract.
Allusion has so frequently been niade to the discrepancies to be found
in the contraet entered into between the Government and Mr. L. G. Vorst-
mann, dated October 25, 1893, and the Volksraad Regulations in accordance
with which the contraet was supposed to have been drawn up, that for general
information we now print the regulations and the contract.
The following are the regulations as adopted by the Volksraad:- ||
1. The monopoly of the manufacture, trading in, and sale of powder, ammu-
Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber das Dynamitmonopol. 19
nition, fireworks, and all other explosives of every description, remains with Nr. 12073.
the Government of the South African Republic. || 2. Importation of all explo- orofs-
sives is allowed to everyone after having obtained a written permit from the 3.Jan.s1899.
Government; and upon the payment of a maximum special duty of 9 d. per
lb. on dynamite or other explosives, unless importation is forbidden as men-
tioned in Artiele 3. [| 3. The Government, with the consent of the Executive
Council, is empowered to make regulations coneerning the importation of,
issue, and sale of powder, ammunition, dynamite, and other explosives, and,
when it appears desirable, to forbid importation. || 4. The Government, with
the advice of the Executive Council, has the power to transfer the monopoly
for the manufacture, importation, and sale of powder, ammunition, fireworks,
and all other explosives to other persons. || 5. The persous to whom the
Government may transfer such monopoly shall take over from the Government
the land, buildings, machinery, and all appliances, dwelling-house, furniture, &c.,
at present known as the Powder Factory, on the farm Baviaanspoort, district
Pretoria, of which the Government is the owner, at an annual rental of not
less than 2 3,760, payable quarterly, and shall be obliged to keep all the
machinery, buildings, &c., in good order, and eventually redeliver them to the
Government in good condition, the cnstomary wear and tear and depreciation
in value excepted. |I 6. The maximum price of powder of every description
shall not exceed 1 s. 6 d. per lb.; and cartridges shall not be higher than
the price for which they can be imported from Europe and elsewhere, taking
the import duty into account. All prices shall be reckoned as cash prices.
The prices stipulated here for gunpowder and other ammunition shall be fixed
for a period of three years. After the expiration of that period the prices
shall be fixed for a period of three years, and so on in the future, at the
end of every three years. At the time when prices are fixed the general
European market prices of the same articles shall be taken as a basis, and
should the European prices rule higher or lower since the last previous fixing,
the Transvaal prices shall be correspondingly raised or lowered. The maxi-
mum price for dynamite shall be reckoned as follows:-
For dynamite known as No. 1 . 2 5 0 0
S, No. 2 . 2 4 7 0
No. 3 . 2 3 15 0
Per case of 50 lbs. nett.
Other qualities of dynamite and other explosives shall not be charged at
higher prices than in comparison with their power and value as compared
with the foregoing, which shall always be subject to the approval of the
Government of the South African Republic. These shall be cash prices,
without discount, goods to be delivered at the factory in quantities of not less
than 100 cases. The prices of dynamite and other similar explosives are
fixed for a period of eight years. After the expiration of eight years, should
20 Grofbritaunien u. Sidafrikan. Republik. Verhandlungen ber das Dynamitmonopol.
Yr. 120:3. the European priccs rule higher or lower than those stipulated in these regu-
britannien. lations, the above prices shall be proportiouately raised or reduced.
13.Jan.1,.. 7. Should it be shown to the satisfactiou of the Goverment that the
materials required in the manufacture of the explosives have increased in
price subsequent to the issuing of these instructions to such an extent that
the cost of manufacture would thereby be materially affected, the maximum
prices laid down in Article 6 may be increased (so as to compensate for the
increased prices), by the Government, with the consent of the Executive; and
also when the price of these materials falls, the Government shall have the
right, with the consent of the Executive Council, to reduce the maximum
prices laid down in Article 6 by the same amount as the prices of these
articles shall have fallen: this iucrease and reduction of prices shall only hold
good during'the timc of the increase or decrease in the price of the materials.
8. Provision shall be made that the buildings or the factory, belonging to the
Governmcent, shall not be endangered by the manufacture of powder, or other
explosives, and the above-mentioned persons shall be responsible to the Go-
vernment for any damage done to tlie buildings, or any loss the Government.
may sustain in connection with the buildings. 1 9. The qualities and quantities
of all articles provided shall be in accordance with the needs and require-
ments of the Government and the public of the South African Republic, and
the articles, of cvery description, shall be of the best quality. || 10. The Go-
vernment, with the advice and consent of the Executive Council, shall give
instructions that once or more factories shall be completed and brought in
working order within the shortest possible period, and at the utmost within
two and a half years, for the inanufacture of dynamite and otlier explosives
of such nature and such quantities as the needs and requirements within the
South African Republic may demand, subject to tho following conditions: -
a. In the said manufacture, all necessary raw materials procurable within the
territory of the Republic shall be used, providing such raw material can be
found in quautities and of such quality as shall not be prejudicial to the
mianufacture, or hinder it. b. No explosives of any description shall be im-
ported by the agents, exccpt under the provisions of Article 2. c. Should it
appear that materials required for the manufacture of powder or explosives
that can be found in sufiicient quantity in this Republic arc imported from
elsewhere, a special duty may be imposed by the Government, acting with the
consent or advice of the Executive Council, or by the Volksraad, for' the
purpoIse of stopping such importation. || 11. The Government shall require from
the agents to which it may delegate the execution of these instructions, apart
from the rental of the factory as described in Article 5, not less than
2 3,760 per annumn, thie sum of 5 s. for each case of dynamite or other
similar explosives sold (with the exception of the inattcrs referred to in
Article 6), weighing 50 lbs. net, and sold by them. Above this the Govern-
ment shall be cntitled to 20 per cent. of the profits. 11 12. No patent of in-
Grofsbritanaien u. Sdafrikan. Republik. Verhandlungen ber das Dynuamitmonopol. : 21
vention for any discovery of any explosives shall be granted, after the issuing Nr. 120o73.
of these instructions, except with the express consent of the (Government, britannien.
and subjecct to such conditions as the Government, with the advice and consent i.Jan.199.
of the Executive Council of the Sonth African Republic, may find good. |
13. In case any explosive already known, or discovered subseqeiintly, shall be
required in the Republic, and shonld the persons referred to above be unable,
or be unprepared, to supply such explosive, or cause it to be imported, or
manufactured, the importation to take place under the conditions of Article 2. |[
14. The Government is cmpowered to exempt persons employed in the execu-
tion of these instructions from war service, commando, or field service. I|
15. Thie Government shall reserve to itself: a. The riglt to withdraw the
agency for tie manufacture of powder, cartridges, dynamite, &c., from the
persons afore referred to, shonld the interests of the State require it. In that
case the Government shall be obliged to take over from tle agents such pro-
vision as they have made for storage and sale, and snch contracts as they
may previonsly have made for the supply of the above-mentioned articles, but
only such contracts as shall at the offset liave been approved by the Govern-
ment, with the consent of the Executive Council. b. The right to sell dyna-
mite or other similar explosives (powder and ammunition not inclnded), in
case such explosives have been purchased for certain purposes and sub-
sequently fonnd unnecessary. c. The riglit to forbid the exportation of all
these articles in case political circumstances, for example the obligation of
neutrality, require it, and the right to limit the issue of such explosives, or
to stop the issue altogether, as may appear desirable. d. The right to have
all orders given by the Government execnted before all others. e. In case
the persons above mentioned fail to supply the necessary material ordered
by the Government, within the stipulated time, or in case the articles snpplied
are not of the required quality, and the Government may have need for such
articles at the time, the Government has tle right to procnre such articles
elsewlere, at the expense of the above-named persons. f. Should the above-
mentioned persons fail to execute an order given by the Government within
twelve months, the Government has the right to withdraw the agency for the
execution of this monopoly, unless the cause of failure or delay is to be
ascribed to war, or higher power. g. Should the above-mentioned persons
fail to comply with any of the regulations agreed upon with the Government,
the latter lias the right to cancel the agreement. || 16. The agreement entered
into between the Government and any persons as above mentioned shall exist
for not longer than fifteen years. ji 17. In the meanwhile, previous to tle
completion of the factory, the Government itself may import dynamite or other
explosives, which the Government may deem necessary for the requirements
of the country, and shall make the necessary arrangements concerning such
importation. The arraugements, however, shall not be for a longer period
than two and a half years.
22 Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber das Dynamitmlonopol.
Nr. 120:3. The Contract.
Gbri e-. On October 25 the following contract was entered into between the Go-
13. Jan.is99. vernment and Mr. L. G. Vorstmann:-
The State Monopoly.
Contract between tbe Government of the South African Republic and
Lambertus Gerardus Vorstmann, of Pretoria, concerning the carrying out of
the State monopoly for the mannfacture, sale, trade, and import and export
of gunpowder, ammunition, dynamite, and all other explosives. || The Govern-
ment of the South African Republie, acting with advice and consent of the
Executive Council, in accordance with resolution, dated October 9, 1893,
Article 573, being truly and lawfully represented by the Honourable the
Acting State Secretary, Mr. Cornelis van Boeschoten, who, in its name, sub-
scribes the same and has been authorised to conclude this agreement, by
resolution of the Honourable the First Volksraad, dated September, 1893,
hereinafter to be named the Government, on the one part, and Lambertus
Gerardus Vorstmann, of Pretoria, of the other part, have agreed as follows:-||
Artiele 1. The Government appoints the second undersigned, to the exclusion
of all other persons, as the sole agent for the carrying out of the monopoly
for the manufacture, the importation and exportation, the trade in the sale of
guiipowder, fireworks, ammunition, dynamite. and otlier explosives of whatsoever
nature. The Agent shlall have the right to establish a company for that pur-
pose. II Artiele 2. The duration of this agency shall be for fifteen years from
the date of this agreeinent. || Where nothing is said in this agreement, the
regulations laid down by the resolutions of the IIonourable the First Volks-
raad, dated September 1 to 5, 1893, above-mentioned, and copy of which is
annexed, shall be binding.
Article 3. The Government undertakes that if it issues permits to per-
sons, as mentioned in Artiele 2 of the regulations, the following conditions
shall be of force.- || a. Permits shall only be issued to persons or companies
who have given a declaration in writing that they require the explosives only
for their own' use, and thlie quantity shall in no case be greater than for a
consumption of three mouths. jI b. No permits shall be of force longer than
four months from the day of issue. || c. All explosives under such permits will
be subject to a special import duty of 81/, d. (eightpencehalfpenny) per lb.
above the ordinary ad valorem duty. Il d. The Government shall, on application
concerning same, nominate to the Agent an official who will give him monthly
information how many and to whom permits for the importation of dynamite,
&c, have been granted, and whether and when such dynamite has been im-
ported, in order to be able to take measures with respect to the quantities
required for consumption. || Article 4. The rent of the gunpowder manufac-
tory, as mentioned in Article 5 of the regulations, in hereby fixed at .S 3,750
per year. || The Government shall have the right to take the gunpowder manu-
factory at any time during the continuance of this contract against payment
Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber das Dynamitmonopol. 23
to the agent for the extraordinary improvements tbat have been effected, Nr. 12073.
and which have been approved of by the Government, provided these are br itannin.
servieeable, and the value they have at the moment of the taking over, wear 3.Jan.s899.
and tear, &c., being taken into consideration. ]| In this case, the payment of
the rent shall only take place to the day of taking over.
Article 5. The maximum prices, as mentioned in Artiele 6 of thlie regn-
lations, which the agent shall be allowed to charge shall be reckoned as
For dynamite known as No. 1 . 4 15 0
Do. do. No. 2 . . 4 5 0
Do. do. No. 3 . 3 15 0
The Agent shall, in supplying eartridges to the Government, be held and
be obliged to charge no higher price than that for which the same can be
imported from Europe, not including the import duties and the Government
reserves the itself to right to supply the burghers of this Republic with such
cartridges as it may deem fit, but only for own consnmption. || Article 6. The
Agent undertakes to erect the manufactories mentioned in Article 10 of the
regulations at such spots or places as the Agent shall appoint in consultation
with the Government, at the outside within two years and a half from the
date of the signing of this contract. I1 The Agent undertakes to pay the rent
fixed in Artiele 11 of the regulations, and the sum of 5 s. on each case of
dynamite sold, every three months, accompanied by duly certified statements
as well as an amount not exceeding 20 per cent. of the surplus. By surplus
is understood the balance which remains after deductions of all cost, wear
and tear, the usual writings off, and an interest of 8 per cent. (eight per cent.)
on the eapital. 1| The Agent shall be bound to keep proper books, in com-
mercial style, as is eustomary in institutions of this nature, and the Govern-
ment shall have the right at all times to cause those books to be inspected
by an official, or person, or a commission of officials or persons, to be
appointed thereto. || A proper balance-sheet shall be made up annually, whe-
reby, in terms of this article, the surplus shall be shown. Thereafter a cer-
tified copy shall be sent to the Government, and the amount due to it shall
be paid. || Artiele 7. The Government undertakes, with respeet to the letters
patent mentioned in Artiele 12 of the regulations, that the following stipula-
tions shall be of force: 1 In the event of the Government granting letters
patent for any explosive, such letters of patent shall, however, not give the
right to anybody else than to the Agent to whom the carrying out of these
instructions is entrusted by the Government to manufacture the material
therein mentioned, and to sell the same within the boundaries of the South
African Republic. || Should the Government or the Agent deem it desirable to
apply or bring into use the said invention, and should the Government in that
case not be able to come to terms with the owner of, or the person entitled
to, that invention with regard to the application of the same, then the parties
24 Grofsbritannien ii. Sidafrikan. Republik. Verhandlungen ber das Dynamitionopol.
Nr. 120o3. (Government and Patentee) shall each nominate an arbitrator, whilst the third
brannie. arbitrator, or umpire, if necessary, shall be appointed by the Chief Justice,
13.Jan.is8"9.whose decision shall be final. || Artiele 8. This agreement shall b of force
within the territory of the South African Republic, in so far as it now extends
or eventually may be extended. l) If the territority of the S. A. R. should in
the future contain districts or provinecs in which provision already lias been
made witli respect to the materials or substauces which form the subject of
the agreement, it will depend upon the Government whether these instructions
will also be applied to the new districts or provinces. || Artiele 9. Should the
Agent of the Government, during a defined period, not be able to satisfy the
requirements for explosives within this Republic, in consequence of explosions,
accidents, calamities, or otlier superior force and causes arising beyond the
control or fault of the Agent, the Government may import these materials
until the Agent shall be able to supply the required materials. In that case
the Government gives to the Agent the preference for the carrying out of the
same. The Agent sliall be obliged, after any accident, as mentioned in this
article, to place the manufactories again in working order within the shortest
Artiele 10. If the Government imports any explosive, as nf'entioned in
Artiele 13 of the regulations, it gives the preference to the Agent to do such
in its name. || Artiele 11. All persons employed by the Agent are hereby
freed from personal military service on commando or in thlie field, provided
their contracts are drawn up with the condition that the Government shall
have the right at any time, if deemed necessary, to take over the contracts,
and they bind themselves to serve the period of service witli the Government.'1
Artiele 12. Should the Government avail itself of Artiele 15A of the regula-
tions, it shall be bound to buy the explosives required in the country in
terms of this contract from the Agent, costs of trade deducted. || The period
in Article 15e of the regulations is hereby fixed at six months. | Should the
Agent, by his own interference, fault, negligence, or default fail to carry out
the conditions of this agreement, after liaving been required in writing to do
so, and after having been allowed at the outside a period of six weeks to do
so, tle Government will have the right to cancel this agreement; if the default
and neglect is to be attributed to malice, the Government will liave the right
to cancel this contract without any notice. |[ Artiele 13. The Agent is entitled
to entrust the sale of tlie articles mentioned in this agreement to one or more
persons. 1| Artiele 14. Tlie Agent of the Government is obliged to pay import
duties on the machinery and tools required in the carrying out of this
agreement. |i Artiele 15. The Government may prescribe measures of precaution
or safety with reference to the transport and storage of the said materials. li
The Government shall not hinder the export of these materials, except for
reasons of danger to tle State, or other weiglity reasons. 1[ Article 16. Witli
reference to Artiele 17 of the Regulations, the Government makes the follo-
Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber das Dynamitmonopol. 25
wing arrangements with the Agent to the exclusion of everybody else: NI Nr. 12073.
a. During the time that the manufactories to be erected by the Agent are brofs-
not completed, the Goverument itself shall import all materials and substancesi3.Jzan. 899.
required for the mauufacture of dynamite and other explosives in the maga-
ziues of the Agent, and accordiug to a tariff of prices, quality, and quantity
to be approved of by the Government, with this understanding, that this im-
portation shlall only continue during the time that the manufactory or manu-
factories shall not have been completed, and in any case not longer than
during a period of two and a half years. |1 b. Tlie Government shall place the
said materials and substances at the disposal of the Agent for the nia-uu
facture, trade, and sale, according to the conditions above mentioned, and the
Agent shall mannfacture, trade in, and seil on the order and for account of the
Government under the conditions above mentioned, in so far as they applly
here. || c. The Agent shall send statements to the Government every month,
detailing the manufacture, trade, and sale, and shall pay to it all moneys
received for tle sale thereof, froin which, after deduction of 5 s. per case,
and the moneys paid by the Government for the materials imported, the
balance shall be handed to the Agent.
Article 17. The Agent shall be obliged, within eight days after the
signing of this contract, to give proper security for the due performance of
the obligation to erect the manufactories mentioned herein, and the carrying
out of the contract until the manufactories shall have been erected and shall
be in working order, to an amount of S 30,000, for which all his assets in
this country shall be available, and proper deeds of hypothecation shall be
passed. 1j Article 18. All disputes as to the meaning or reading of this
agreement that may arise between the parties shall be decided, to the excln-
sion of the ordinary judges, by arbitrators as in highest instance, and shall
be finally binding on the parties. 1I Should the parties not be able to come to
an amicable arrangement with regard to the interpretation of this agreement,
the one party shall give notice in writing to the other, and whatever the
questions of dispute arising out of this agreement, they shall submit the same
to the decision of the arbitrators. ]1 The parties then shall each nominate an
arbitrator, who, together, shall nominate a third. Decisions sliall be given at
the outside within three months. If one of the parties should not in good
time appoint an arbitrator, or in the event of the two arbitrators not agreeing
in the choice of a third, then the Chief Justice, or bis substitute in the
Supreme Court of this Republic, shall make a nomination, the parties having
been leard or summoned. 11 Thus done and contracted at Pretoria this 25th day
of the month of October, 1893, in the presence of the subscribed witnesses.
(Signed.) C. van Boeschoten, Acting State Secretary.
(Signed.) L. G. Vorstmann.
(Signed.) W. E. Hollard. (Signed.) P. L..A. Goldman.
26 Grofbritannien u. Stdafrikan. Republik. Verhandlungen ber das Dynamitmonopol.
Nr. 12074. GROSSBRITANNIEN. Der Agent in Pretoria an
den Oberkommissar in Kapstadt. Die Bergwerks-
interessenten bieten dieExpropriation desDynamit-
Pretoria, February 3, 1899.
Nr. i2o'4. Sir, II With reference to previons correspondence on the subject of the
britanien. dynamite monopoly, I have the honour to enclose a report*) of a special
3. Feb.is99. meeting of the Chamber of Mines of the Republic, held yesterday, at which
a proposal to offer this Government a loan of 600 000 wherewith, if
necessary, to expropriate the Dynamite Company, was carried unanimously,
the proposed loan being guaranted by all the financial houses of importance
upon the Rand, including both the representatives of the Dresdner and the
Deutsche Banks, whose attitude towards the Dynamite Company had hitherto
been somewhat uncertain. || It is unnecessary for me to recapitulate the
reasons and arguments advanced by the Industry for the cancellation of the
monopoly, as I have already given them in previous despatches, but I may
note the declaration that the industry has no fear of difficulties from the side
of Nobel's dynamite ring, as offers have been received from both European
and American companies to supply the Rand Mines at about one-half of the
price charged by the monopolists here. 1 The announncement of this offer,
which has been made very publicly throngl the press reports of the meeting,
has caused considerable sensation, as being the first occasion on which the
industry has offered to comne to the aid of the Republic with direct financial
assistance. A deputation from the Chaniber of Mines has asked leave to wait
upon the Government, to explain their offer, next week.
Nr. 12075. SDAFRIKAN. REPUBLIK. Die ,Presse" verffent-
licht dasVotum des State Attorney ber dasDynamit-
9. Mrz 1899.
Nr. 12075. The following is the opinion of tle State Attorney regarding the Dyna-
suiafrikan. mite Concession which was laid before the Raad yesterday:- || This matter
9. irzis899. was referred by the First Volksraad on November 4, 1897, to the Govern-
ment witli the instruction to obtain legal advice and to act according to
circumstances. Tlie then State Attorney, the present Chief Justice, obtained
then the opinions of Advocates Curlewis, Reitz, and Schreiner (of the Cape
Colony). Before, however, he had given his own written opinion to the Go-
vernment, he was appointed Chief Justice, and, therefore, bis final opinion
was not formally made known to the Government. After my appointment as
State Attorney, the Government delegated to me the task of going into the
*) Hier fortgelassen. Red.
Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber (las Dynamitmonopol. 27
matter, and to communicate to it my own opinion. Through the heavy work Nr. 12075.
of my department I was, however, not in a position to address myself seri- sudafrikan.
onsly to the matter before the beginning of September. I have sinee earnestly..mrz 1899.
studied the case, and frequently weigled the opinions of my legal colleagues,
and have finally come to the conelusion that on some of the principal points
I must differ from them. I shall now as concisely as possible set forth on0
what grounds I am of opinion that the Government of the South African
Republie is not now entitled to cancel the said monopoly. Althongh the case
is not without its own peculiar difficulties, I am of opinion, nevertheless, that
the final decision must rest on a few simple points.
I. Questions Arising Out of the Origination of the Contraet. In
December, 1888, the Government gave a concession to a certain E. Lippert
for the establishment of.a factory for the manufacture of powder, dynamite,
and other explosive materials in the Soutl African Republic. Shortly there-
after Lippert made this concession over to a Company, consisting largely of
French shareholders, whereof L. G. Vorstmann, as Managing Director, and
E. Lippert, as Head Agent, were appointed. This Company, however, instead
of manufacturing explosives within this Republic, appears to have exelusively
confined itself with the importation of material already manufactured, in con-
fliet with the terms of the concession. On this ground the British Govern-
ment enterred a strong protest against the existence of the concession in the
hands of the Company, as they asserted that existence was in confliet with
Art. 14 of the London Convention, inasmuch as Freuch subjects were bene-
fited above British. While diplomatie negotiations were still proeeeding, the
ease of the Company eame before the First Raad, and after investigation by
a Commission on August 24, 1892, the Government was instruceted to deal with
the matter as it best appeared to it, and to report the following session.
Thereupon the Government gave effect thereto, in that the concession to
Lippert was deelared cancelled. In consequence of this canoellation, however,
the Government became diplomatically involved with the French Goverament
which appeared in defence of its subjects. I make mention of these diffi-
culties because, in my opinion, they were not without inflnence on the con-
tract eveutually entered into on October 25, 1893, with Mr. Vorstmann. || After
the concession to Lippert was cancelled, and probably to prevent any further
diplomatie diffieulties, the Government gave the right equally to certain
English, French, and German subjects, to import explosives into this Republic.
Meanwhile, the old French Company proceeded with threats of instituting an
action against the Government for damages. || In September (1 to 5), 1893,
the First Raad passed the regulations whereby the Government could exercise
the State monopoly for the importation, manufacture, and dealing in explosive
materials, and on October 25, 1895, followed the original contract with Vorst-
mann in terms of those regulations. The regulations themselves I shall refer
to later; here I only wish to marshal the principal facts which throw light
28 Gri-ofsbritaunien u. Sdafrikan. Republik. Verhandlungen ber das Dynamiitmonopol.
Nr. 12075. on the origin of the contract. |l It appcars that already before September,
Sdafrika. 1893, the old Frenchl Company and Vorstmann (who lad been its managing
o.Mrz isS director) intended to make application for the agency for the carrying out
of tle State Monopoly that would later be bronght into existence by the
regulations. It appears further that the Government was willing to grant it
the agency; and this willingness was most probably due to the strong wish
of the Government to do away with, for good, the differences called into being
by the Frenchl Government tlirongh the cancellation of the first concession.
In place, however, of granting the agency to the French Company, on October 25,
1893, thlie contract of that date was given to Vorstmann. This sudden alte-
ration finds its explanation whcn it is considered that on October 24, 1893
thus one day before the contract with Vorstmann was entered into -the
French Company addrcssed a note to the Goveriment, whereby it withdrew
all its claims against thlie Government arising out of the cancellation. This
explanation can only be this, that, although the contract was formally entered
into with Vorstmann, the French Company would thereby be practically in-
demnified, and that the Government assented to or concurred with this posi-
tion. II That the Company was certain that it would obtain the agency appears
from the contract, dated August 25, 1893, between it and Lippert, wherein
Lippert, presumably in consideration for certain services as its general agent,
was appointed to carry out the agency under the pending regulations, and as
such was to draw seven to teil per cent, of tle proceeds per case. It appears
to mnie as if these pretendled services were nothing else than the withdrawal
of bis alleged claim against the Government for indemnification, for by this
withdrawal tlie Government would be placed in a position to agree, free and
unrestricted, with the Company witli regard to the agency. 1 presume thus
that the Governient was orignally acquainted with this contract, for it knew
that the difficnities witli Lippeit must first be removed. || On November 4,
1893, however, a supplement to this contract was signed, whereunder, as a
further consideration in favour of Lippert, it was stipulated that he should
get 2s. per case of dynamite for three ycars, 25,000 in casli, and 25,000
paid-up shares in the new Company which was to be formed to exploit the
agincy. These further termns are evidently an inseparable part of the con-
tract of August 25, and must, although not signed, still have already been
agreed to upon tliat date. It is difficult to comprehend why they were
signed separately and at a later date. One point, however, of convincing im-
portance holds good, namely, that on January 20, 1894, both contracts were
formally handed in to tle Government, and that the Governiment neither then
nor later protested against the terms thereof. In the light of these and other
facts it is almost impossible for the Government to now offer the contention
that on January 20, or shortly thereafter, it was not acquainted with .the terms
of these contracts or acquiesced therein. || On February 26, 1894-thns after
January 20, 1894-the contract was entered into, whereby really the agent
Grofsbritannien u. Sdlafrikan. Republik. Verhandllhungen iber das Dynamitmonopol. 29
for the carrying out of the State Monopoly-the present Soutli African Factory Nr. 120o5.
for Explosive Materials-was called into being. Tliat contract was entered Republik.
into betwccn the old French Company and the Dynamite Actiengesellschaft Mrz 1899.
(Nobel and Co.), an Anglo-German Co. Therein Noble and Co. undertook to
float the Soutli African Factory for Explosives with a eapital of 2 450,000
shares of 1 each, divided in the following manner:-
a. 220,000 shares to be issued against payment. 11 b. 25,000 shares to
be granted to Lippert (in terms of the contract of November 4, 1893, afore-
said). 1[ c. 182,000 slares to be granted to the French Co. (as indemnnification
for the cancellation of its contract by the Government). jj d. 22,500 shares to
be granted to Dr. Gobert, a German lawyer, "for services rendered." || c. Fur-
ther, there must be paid to Lewis and Marks 2s. per ease of dynamite, and jj
f. The obligation undertaken by the old Company against Lippert must be
fulfilled by the South African Factory for Explosives.
Althougl I have not been able to aseertain wlien this agreement was
formally brought to the notice of the Government, it is yet clear tliat it only
gave effect to an understanding, and to obligations wherewitli tlhe Government
was well acquainted, and whereto it expressly or practically agreed to. In
equity it can thus be accepted that the Government was also acquainted with
this agreement, and the Company has in its returns frequently referred to
this agreement. |1 After all this had happened and was agreed to, the agency
was granted to Vorstmann on October 25, ultimately carried over tle South
African Factory for Explosives in the flotation of June, 1894. 1| I have set
forth these facts here because they are of great importance for the de-
cision of the question in how far the Government has reason against the
Company for fraud committed at the time of its origin. It is, namely, stipl)u-
latcd in the contract betwecn Vorstmann and tle Government that tlie Go-
vernment slall receive 20 per ccnt. of the profit on tle sale of explosives,
and it can now be allcged that the giving away of all the shares of the Com-
pany, besides 220,000 to third persons, greatly prejudices the Government in
its right to 10 per cent. of the profits. The question arises then, in how far
the Government can now objcct to the giving away of shares to the old
French Company, to Lippert, and Dr. Gobert, and the granting of share in
the profits to Lippert and Lewis and Marks. ii On the facts set out 1 come
to the conclusion that the Government had knowledge at least of tlie prin-
cipal riglits so granted to otliers, and expressly or silently agreed thereto. |1
It appears to me as if the Governinent, most of all, was eager to avoid, or
to remove diplomatie diffiniulties, and that it was its intention that the old
French Company should be indemnified, notwithstanding tie cancellation of its
concession; on this point especially is the evidence strong. Furtlier, it appears
to nime that the Government at least had part knowledge of the agreements
between the French Company and Lippert, whercby certain rights were granted
to the latter; and it is further very possible tlat it was also originally
30 Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber das Dynamitmonopol.
Nr. 12o075. acquainted with the obligations undertaken as regards Lewis and Marks.
sRaapikan. Certain it is that when the Government later obtained knowledge thereof, it
9. Mr 189. offered no objection. On these facts, taken in connection with accessory cir-
cumstances of the case, I am of opinion tbat Advocate Curlewis is right in
his conclusion: "That, whereas the Government had knowledge of the cireum-
stances and silently acquiesced therein, it cannot now allege that it was
defrauded by its agent, and in consequence end the agency, because of the
improper conduct of the agent." In any oase, he who bases a claim on fraud
must come to Court with a pure and clear oase, and this the Gvernment
cannot do, because, as I have shown, the prima facie impression of the facts
is strongly against it. || In how far the Government, apart from the question
of fraud, can object to rights granted to third parties, in reckoning the 20 per
cent. of the profits due to it, I shall consider when I come to the question
II. Delay in Completing the Factories.-I now come to a much more
important point, namely, the questions connected with the non-fulfilment of
the contract with Vorstmann in terms of the Volksraad Regulations. 11 On
September 1 to 5, 1893, the Volksraad passed certain regulations relating to
the State monopoly for the manufacture, the sale, the dealing in, and the
import and export of powder, ammunition, dynamite, and other explosives.
These regulations were in the form of an instruction to the Government
whereby the latter, as Executive agent of the Raad, was given the power to
invest certain person or persons with the exelusive right to manufacture, &c.,
said explosives, and the conditions under which the Government could depute
that right were narrowly defined, inter alia, there appear there three Articles
in the regulations, whose correct interpretation in my opinion is deeisive for
the whole oase. | "Art. 9. The quality and quantity of all manufactured ar-
tieles must be in accordance with the needs and desires of the Government
and the public of the South African Republic, and the articles must for each
sort be of the best quality. | "Art. 10. The Government, with advice and
consent of the Executive Council, may give instructions within the shortest
possible time, but at the utmost within two and half a years, for one or more
factories to be erected, to complete and to bring into working order for the
manufacture of dynamite and other explosives of such nature and consistence
and in such quantities as the needs and demands within the South African
Republic may create or require, and that under the following regulations, &c.':I|
"Art. 15. If the above-named persons do not comply with any of the stipu-
lations agreed with the Government, the latter can cancel such agreement." ||
Before coming the facts of this case, it will be necessary to consider and
determine the real application of these three articles, because it is just upon
this weighty point that I have to differ with the other legal counsel. || The
question then is this: Under Art. 15G. it is stipulated that, in oase the con-
cessionaires do not comply with any of the stipulations agreed to with the
Grofbritannien u. Sdafrikan. Republik. Verhandlungen ber das Dynamitmonopol. 31
Government, the Government can cancel such agreement. The word ,,can" is Nr. 12075.
used in contradistinlction to "shall," and in place of its being inade obligatory Sdpfblik.
for the Government the cancel the concession in ease of non-fulfilinent, a9.Marz899.
discretion is distinctly allowed thereanent. This is, however, acknowledged,
and the only point upon which difference of opinion exists conerns the extent
of the discretion. The legal advisers, for instance, are of opinion that the
discretion does not extend to the subjects falling under the said Arts. 9 and
10 of the regulations. And this explanation they base somewhat upon the
following reasoning:- The Volksraad had the time wherein the factory must
be completed fixed as an irrefragable condition of any contract that might
be made, and the same holds good with regard to the condition that enough
material must always be manufactured to meet the demands of the Govern-
ment and the junblic. On this point the Raad has expressed its will in the
most uneqnivocal manner, and it would be ridiculous, after the Raad has
stipulated such strict conditions for the contract, that they should still be left to
the caprice of the Government. Indeed, ask the lawyers what would be the
use of drawing up any regulations and to give instructions to the Govern-
ment were the whole or part non-fulfilment thereof left to its arbitrary dis-
cretion. They arrive thus to the conclusion that the diseretion given to the
Government under Art. 15G cannot touch or effect the points under Arts. 9
and 10 of the regulations. Although there is something to be said for this
contention, I am still respectfully of opinion that the lawyers have been mis-
led upon this point. My opinion I base upon the following grounds:-
a. The logical consequence of their interpretation is that the discretion
given to the Government under Art. 15G is confined only to such conditions
as are not stipulated for in the regulations. In other words, those that the
Government on its own initiative might place in the contract, because, natu-
rally, if its discretion cannot touch the points stipulated in the regulations,
they can only have reference to points not dealt with in the regulations, though
introduced by the Government into the contract. And in order to make the
object in Art. 15G clear, the Raad ought to have said: "If the above-named
persons do not comply with any of the stipulations, above and besides those
herein dealt with, and which, although not herein set forth, nevertheless
agreed to with the Government, then can the latter cancel such contraet."' It
ean be sen how unnatural such an interpretation is; it quite reverses the
prima facie significeation and contention of Art. 15G, and brings therein an
exception whereof there is no question. So long as a natural and reasonable
interpretation can be given of Art. 15G, this unnatural explanation must be
removed, in accordance with the common rules of the law interpretation. That
such a natural interpretation can be given, Sub. d will show. 1| b. Another
objection weighs still heavier against the opinion of the lawyers. It was the
plain and express intention of the Raad to lay down in these regulations the
stipulations to be embodied by the Government in the contract to be even-
32 Grofbritannioen u. Sdafrikan. Republik. Verhandlungen ber das Dynaminitmionopol.
Nr. 12075. tually made. When thus in Art. 15G the Raad speaks of stipulations agreed
Sdafikn. to between the concessionaire and the Government, the stipulations already
9. M rz is99. contained in the regulations, inter alia, Arts. 9 and 10 thereof, are also
plainly intended. If this is not so, then we come to the nonsensical conclusion
that the Volksraad did not intend that these regulations should be embodied
in the contract to be concluded between the Government and the concession-
naire. || c. This unsound interpretation of Art. 15G makes the said Article
absolutely senseless and purposeless. The Government has naturally the right
to add other terms to the contract than those stipulated by the Raad; should
these terms be essential and be broken, the Government has naturally the
right of cancellation, and it was unnecessary and purposeless to stipulate this
in a special Article of the regulations. Now, it is an acknowledged principle
of law interpretation that an explanation, where possible, must not be ex-
plained in such a way, that it becomes useless and senseless, for that assumes
tbat the maker of the explanation (in this case the Raad) did not exercise
its best sense in making or drawing up the explanation; and on this point I
strongly doubt whether a Court would attach the faulty interpretation to
Art. 15G. |j d. I now come to what I think to be the true mceaning and in-
tention of Art. 15G. Hcre it must be kept in view that, where possible, all
the regulations must be taken and explained in connection with each other;
they form a whole and not fifteen Articles separate from each other. And
where an explanation, based on the presumption that thlie various Articles are
mutually agreed and connected, leads to a tenable result, then must such
interpretation be acceptcd as the correct interpretation of such Artieles.
Starting from this standpoint, it appears to me that in Arts. 9, 10, and 15g
of the regulations, the Raad had in view, and intended that, namely, certain
conditions in the contract with the future concessionaire should be embodied;
tbat no other conditions, with regard to the points concerned should be agreed
to, that the period of completion in Art. 10, and the compliance with all
needs and requirements according to Art. 9 in the contract, should be embo-
died without any alteration. In this manner must the contract be made; but
the question remains still, in what manner should that contract be earried
out? Had nothing been said with regard to the last question, then every-
thing in conflict with Arts. 9 and 10 would, ipso facto made the contraet null
and void, for a contract made beyond the competency of one of the con-
tracting parties is powerless. |] In the regulations, Art. 15G, the Raad has,
however, avoided this by making an express stipulation in regard to the per-
formance and observance of the contract. Actnally the Raad has said to the
Governmiiient: "You may make a certain contract; in the contract there must
be certain terms embodied; however, when these terms are embodied, but are
not observed, we leave it to your discretion to cancel the contract or let it
continue to exist." || When this interpretation is taken in connection
with the peculiar position of Raad and Government, of principal and
Grofbritannien i. Sdafrikan. Republik. Verhandlungen ber das Dynamitmonopol. 33
agent in this matter, then becomes the reasonableness thereof still clearer. |] Nr. 12075.
In all cases the Volksraad is a body that can lay down laws and regniations slalikan.
easily enough, but can witli difficulty rule or control the observance or per- o. Mrz s199.
formance thereof; it is not in a position to decide upon special circumstances
arising, and has not also ordinarily the circumstances before it necessary to
a just decision, and especially in this case was it reasonable for the Raad to
leave the performance of this contraet in the hands of the Government. There
was to be a great work to be established within a given time, and it wouild
not only have been uncommon, but even unreasonable, if the contract were
declared cancelled, and all the completed work made worthlless-if, for in-
stance, the contractor was behind a few weeks or even months. 11 The re-
quirements of reasonableness, as well as the strict teehnical rules of law
interpretation lcad me to the conclusion that in this case it was really the
intention of the Raad to give the Government discretion with regard to the
performance of the contract to be closed, even on those points, falling under
Arts. 9 and 10 of the regulations. It was the intention of the Raad to get
a proposed contract, but not that the non-observance thereof should make it
void; in such case the Raad intended that it was for the Government to
deeide whether, under the circumstances, the contract should be or not be
cancelled. || If this interpretation (which I respectfully submit) is the correct
one, then it is very easy to decide upon the facts. || What are now thlie facts ?
On October 25, 1893, a contract was concluded between E. G. Vorstmann
and the Government, whereby Vorstmann obtained the carrying out of the
monopoly for the manufacture of explosives in the South African Republic,
under the conditions, inter alia, contained in Arts. 9 and 10. On May 24,
1894, this contract was in some important respects amended; and one June 8,
1894, the concesgionaires asked for an extension of time wherein the factory
must be completed, while on July 14, 1894, the Government granted the
request, and stipulated that the period of two and a half years should begin
on May 24, 1894, instead of October 25, 1893. Under the extension it was
not necessary that the factory should be completed before November 24,
1896. On September 14, 1894, however, the Government applied to the
Raad with a request for an extension of the two and a half years laid
down in the regulations, but the Raad refused emphatically to grant such
extension, and instructed the Government to act strictly in accordance with
the regulations. The Volksraad resolutions do not aetually bring about
any change in the position, for as the Government was instructed to act
according to the regulations, the question always remained what the inten-
tion of the regulations was. |1 What was then the effeet of the extension
granted by the Government? Simply the following: The Government had,
namely, the right, under the regulations, as already shown, on non-completion
of the factory within two and a half years from October 25, 1893, either to
cancel or to leave it untouched, Had it decided to cancel the contract, then
Staatsarchiv LXIY. 3
34 Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber das Dynamitmonopol.
Nr. 12075. notice to the concessionaire was necessary, as cancellation depended on its
safrikn. discretion, and the exercise of this diseretion had to be made known to the
9. Mrz 1s.9. concessionaire. This notice is also required in terms of Art. 12 of the con-
tract. 11 Instead, however, of exercising this right of cancellation and giving
notice thereof, the Government, in the exercise of the diseretion entrusted to
it, granted an extension, and to the present day it has never given notice to
the concessionaire of its intention to cancel the contract. Through this action
of the Government in terms of Art. 15g of the regulations the Raad is also
bound, and the right of cancellation has never arisen. Not only has the
Government foregone its right of cancellation, but has also granted to the con-
cessionaire the right to erect still more factories (per Executive Council reso-
lution of October 14, 1896), which the concessionaires have done and are still
busy doing. There can thus exist no reasonable doubt that the Government
is prevented from cancelling the contract, and action from its side can be thrown
out on the exception exceptio doli mali. |1 I have tried to speak on this point
without the resolution of the First Raad in re the Jeppe report of February,
1897. That resolution approved of the recommendation of the Commission,
namely, that the occurrences at the end of 1895 and the beginning of 1896
could be reasonably taken into consideration when the Company was accused
of not having observed its obligations. This resolution is clearly ambiguous,
but in many respeets it can be considered by the Government as a condo-
nation of the negleet of duty by the Company, taking for granted that the
Company did neglect its obligations in respeet of the building of the factory.
The Volksraad accepted, namely, that the occurrences of the Jameson Inroad
formcd a sort of vis major, which kept the concessionaire back from the close
observance to time of bis obligations.
III. Manufacture of Insufficient Quantity of Explosives. --The same argu-
ment also holds with regard to the observance of Art. 9 of the regulations.
On October 14, 1896, the Executive Council decided practically that the
manufacture of 80,000 cases of the dynamite per year would be a sufficient
compliance with the needs of the public and the Government, and it gave the
concessionaires the right to erect further factories within a further term of
two and a half years. The factories necessary for the manufacture of the
said 80,000 cases were completed before November 24, 1896. It appears,
however, that even on that date 80,000 cases were not sufficient; indeed, the
concessionaire obtained further instructions for tlie erection of more factories,
and in the following year he himself notified the Government the factories
could not comply with the public demands. Now can it be asscrted that
Art. 9 of the regulations have not been observod; that the quantity of the
imanufactured material was not in accordance with the public demand is appa-
rent, and tlis that thlie Government had the right to cancel the contract? ||
In answer hereto I need only show that also in this resl)ect the Govermnent
had a discretion; that it exercised this discretion by passing the resolution of
Grofbritannien u. Sdafrikan. Republik, Verhandlungen ber das Dynamitmonopol. 35
October 14, 1896, and that the Governmeut, as well as the Raad, is bound Nr. 12075.
thereby. In this case it is especially reasonable to accept that the' concessio- publih.
naire can rely on the estimates furnished by the Government; for wlo has a9.Marzi i9.
more intimate knowledge of the public needs than the Government of the
country? Also, it must not be lost sight of that both the Goverument and
concessionaire were astounded by the enormous growth of the public needs
for dynamite since the original agreement, and it can thus be well understood
why the Government was desirous to deal reasonably with the concessionaire,
and to meet him instead of cancelling the contract. || In any case was a
demand (the interpellation of the common law) absolutely necessary in order
to place the concessionaire in mora before an action could be commenced.
The demand was not only necessary according to common law, but also accor-
ding to express agreement. |1 Art. 12 of the agreement reads:- j ,If the agent,
through his own action, fault, or neglect, fails to perform the conditions of
this agreement, after being warned in writing to do so, and after a period
of compliance of six weeks at the uttermost, the Government shall have the
right to cancel this agreement. If the neglect or failure is due to wil-
fulness, the Government shall have the right of cancellation of this contract
without any notice."
It is now also too late to make this demand or notice. Other factories
have since been built with the consent of the Government, and through its
acts and its permission the Government is now prevented from cancelling the
contract for non-fulfilment of Art. 9 of the regulations in 1896 and 1897.
J. C. Smuts, State Attorney.
Nr. 12076. SDAFRIKAN. REPUBLIK. Der Staatssekretr an
den englischen Agenten in Pretoria. Antwort auf
Department of Foreigu Affairs,
Government Office, Pretoria, March 9, 1809.
(Translation.) II Honourable Sir, |1 I have the honour to acknowledge the Nr. 1207.6
receipt of your letter of the 6th February last, in which was enclosed a Republik.
despatch from Mr. Chamberlain to His Excellency the High Commissioner,.mirz s899.
dated 13th January, 1899, with reference to the State Monopoly of Explosives
in this Republic. || 2. In paragraph 5 of that document, it is stated Her Bri-
tannic Majesty's Government is advised that "the ereation of a monopoly in
favour of the State is not necessarily inconsistent with Article 14 of the
London Convention, even when exercised by a Concessionnaire, provided that
the concession is intended in good faith to benefit the State generally, and
not simply to favour the Concessionnaireo" 11 On considering the question as
to whether the Monopoly, as exercised under the existing contract, is for the
36 Grofsbritannien u. Sdafrikan. Republik. Verhandlungen ber das Dynamitmonopol.
Nr. 12076. benefit of the State generally, or for the benefit of the Concessionnaire, Her
s dafiRika. Britannic Majesty's Government arrives at the conclusion that the benefit is
9.mrz 1899. on the side of the Concessionnaire, and, consequently, that the said )Ionopoly
is in conflict with the London Convention. |i 3. No reason are stated as to
how Her Britannic Majesty's Government lave arrived at this last conclusion,
a conclusion which is not clear to this Government, and which does not agree
with the opinions obtained by it. According to these opinions, neither the
contract for the manufacturc of explosives, nor the manner in which it is
carried out, is in conflict with the 14th Article of the London Convention.
The spirit and aim of this Article is clearly to the effect that strangers so-
journing here will enjoy and be subject to the same trading riglts and obli-
gations as Burghers, which is the case under the existing State Monopoly. ||
4. As Mr. Chamberlain admits, the Republic has the right to create a State
Monopoly for the manufacture of explosives, nd to allow it to be carried
out by a Concessionnaire. As long, therefore, as the manufacture is a bon-
fide manufacture (as in tle present instance), the Republic is acting quite
within its rights, and has exclusively the right to specify on what conditions
that mannfacture shall take place. || 5. This Government cannot admit that in
this matter the question as to whether the Concession was intended in good
faith to benefit the State generally, and not simply to favour the Concession-
naire, is of consequence. But, even should that point be of consequence
(which in the opinion of this Government, as stated, is not the case), then
this Government could still assert, with riglit, that only the Republic itself
can and must decide what is best for itself, and that in that decision, finan-
cial considerations must not alone be consulted, but all circumstances which
are or could be of importance to the country. The standard by which the
interest of the State in the retention of a Monopoly should be measured, is
not so much the greater or less sum of money which tbe Government derives
or may derive direct fron the Monopoly, as the benefit and the welfare which
the State would miss if tlie Monopoly did not exist, or were cancelled. The
Government of the Soutl African Republic is entitled to have its own
views as to what, in connection with tlie Monopoly, is in the interest of
6. Tlie monopoly in ammunition and explosives in this Republie arose
regularly from lawfnl conditions, of which the Grondwet of 1858 already con-
tains the first regulation, and on which foundation everything lias been built
in this matter. Other considerations of State interest than simply pecuniary
benefit have prevailed witl tlie Volksraad and tle Government. | State mono-
polies exist which bring in large sums of money for the State, but, in the
opinion of many, in no way tend "to benefit the State generally"; for instance,
tlie opium monopoly. But, on the other hand, monopolies are conecivable
which yield trifling direct pecuniary benefits and yet serve in a high degree
the State interests. || The Government does not intend, by the foregoing, to
Grofsbritannien. u. Sdafrikan.Itepublik. Verhandlungen ber das Dylamitmionopol. 37
admit that the existing monopoly is pecuniarily in favour of the concessio- N,. 12076.
naire exclusively. If this were now in question, it could show that the con- Republik.
clusions of Mr. Chamberlain on this point are not correct, and that the Mrz 1899.
pecuniary profits of the State do not compare unfavourably with those of the
concessionaire. || 8. It is not clear to this Government in what degree its
gift of 5/- per case of dynamite to the mining industry makes the State
monopoly less bona fide. Arguing according to the prineiple laid down in
paragraph 5 of the despatch now under reply, it could even be objected that
the surrender of 5/- per case is "to benefit the State generally." Even if
the Government wished to make a present to the mining industry of all its
revenue from the monopoly, no one could make this a matter of reproacli to
them, or assert that it thereby ceased to be a bona fide State monopoly. 1
9. In different paragraphs of the aforesaid despatch under reply, quotations
are made from Commission Reports. On this point this Government whishes
to remark that Mr. Chamberlain himself does not always acknowledge the
correctness of those Reports, and uses the strong expression, "singularly ill-
informed" in connection with them. Apart from the question of whether
Mr. Chamberlain has always rightly understood those Commission Reports, and
of whether those Reports are not sometimes the outcome of incorrect or in-
complete information (questions into which the Government doces not wish to
enter), the Government will confine itself to remarking thereon that it is
apparent, from Mr. Chamberlain's letter, that it is dangerous to accept un-
conditionally the facts mentioned therein. Furthermore, those Reports treat
of a state of affairs such as previously existed, and not such as at present
exists. And only this last mentioned is of actual interest here.
The proposed reform of the existing contract would be an encroachment
on existing and established rights and thus directly destined to exercise an
injurious influence on the good name and the welfare of this Republic. ||
10. On the above grounds, this Government is of opinion that Her Britannic
Majesty's Government are not entitled to a protest such as now formulated
by it. F. W. Reitz,
Nr. 12077. GROSSBRITANNIEN. Der Agent in Pretoria an den
Oberkommissr in Kapstadt. Die Dynamitgesell-
schaft hat einen neuen Vorschlag gemacht.
March 14, 1899.
Telegram. || A fresh proposal from Dynamite Company to Government is Nr. 12077.
announced to-day, namely, to fix price as in former offer at seventy shillings Grofs-
and ninety shillings for dynamite and blasting gelatine, respectively, provided 14.Marzess.
Government does not reclaim bis five shillings which they now forego, other-
wise price per case will be inereased by that amount. The stipulation for a
38 Grofslritannien ii. Sdafrikan.Rc llik. Verhandlungen ber das Dynamitmonopol.
Nr. 12077. fifteen year extension is withdrawn, but should the above be agreed to, it is
britanien. understood that Government undertake to take over factory at expiration of
14.Mrz.i9i. present contract at a price to be mutually agreed, or failing that, by arbi-
tration. Company retain right to claim preferenee should Government release
or seil factories. Clause respecting importation of explosives by Government
is omitted. (Greene.)
Nr. 12078. GROSSBRITANNIEN. Derselbe an Denselben. Ab-
lehnung des Vorschlags.
March 15, 1899.
Nr. 12078. Telegram. |j Debate on amended proposal of Dynamite Company was con-
Grofs- cluded yesterday, when Raad resolved, by 15 to 13 votes, to rejeet offer, aud
i.rn ienSS. referred matter back to the Government with instructions to act in strict
accordance witli the resolution of Raad of November, 1897. A proposal
made by member for Johannesburg for production of the other legal opinions
referred to in State Attorney's recent report was defeated. (Greene.)
Nr. 12079. GROSSBRITANNIEN. Der Kolonialminister an den
Oberkommissar in Kapstadt. Die brit. Regierung
erkennt die Argumente von Reitz nicht an.
Downing Street, April 21, 1899.
Nr. 12079. Sir, l| I have the honour to acknowledge the receipt of your despateh of
bri aien the 15th ult., transmitting a copy of the reply of the Government of the
21.Arr.sv9. South African Republic to the representations made in my despatch of the
13th of January, on the subject of the Dynamite Monopoly. |1 I do not find
that that reply in any way meets the arguments contained in my despatch,
and I request that you will instruct the British Agent at Pretoria so to in-
form the Government of the Republic, and to intimate to them that Her
Majesty's Governiment adhere to their protest and reserve their rights in the
matter. I have, &c. J. Chamberlain.
Thtigkeit der Untersuch ungskommission
auf Samoa 1899.*)
Nr. 12080. GROSSBRITANNIEN. Der Minister des Auswr-
tigen an Mr. Eliot. Unterrichtet ihn ber die Vor-
gnge auf Samoa und teilt ihm mit, dafs er zum
Mitgliede der von den drei Mchten eingesetzten
Untersuchungskommission ernannt ist.
Foreign Office, April 13, 1899.
Sir, II The events which have recently occurred in the Samoan Islands Nr. os2080.
have engaged the serious attention of Her Majesty's Government, and have britannien.
formed the subject of communications with the Governments of Germany and 13.Apr. 1899.
the United States, the Powers who, with Great Britain, were parties to the
Final Act on the affairs of Samoa, signed at Berlin on the 14th June, 1889.[
Malietoa Laupepa, who had been King of Samoa since 1889, died on the
22nd August last. 1| He was specially selected for the office by the Plenipo-
tentiaries at Berlin, as explained in the Ist Artiele of the Final Act, with a
view to the prompt restoration of peace and good order in the islands, and
in view of the diffieulties which would have surrounded an election in the
disordered state of the Government which' then existed. 1| As a general prin-
ciple, however, the Act declared that the three Powers recognized the indepen-
dence of the Samoan Government, and the free right of the natives to elect
their Chief or King, and choose their form of government according to their
own laws and customs. Further, by Article 3, section 6, it was provided
that in case any question should arise in Samoa, respecting the rightful
election of King, or of any other Chief claiming authority over the islands,
or respecting the validity of the wwers which the King or any Chief might
claim in the exercise of bis office, such question should not lead to war, but
should be presented for decision to the Chief Justice of Samoa, who should
deeide it in writing, conformably to the provisions of the Act, and to the
laws and customs of Samoa not in conflict therewith, and that the Signatory
Governments would accept and abide by such decision. 11 After the death of
*) Blaubuch 0. 9506. Vgl. Nr. 11945-47, 12068- 70 und Europischer Geschichts-
kalender Jhrgg. 1899, bersicht. Red.
40 Thtigkeit der Untersnchungskommission auf Samoa 1899.
Nr. 128so. Malietoa an exchange of views took place between the Powers, and it was
britannien. agreed that there should be no interference with the riglit of the Samoans
]3.Apr.1st,9.to elect a King, and that the election should proceed strictly in accordance
with the provisions of the Final Act. I| Some time elapsed before any action
was taken, pending the completion of certain ceremonial usages customary in
Samoa on the death of a High Chief. || Meanwhile, the natives from the
various islands assemibled in the neighbourbood of Apia, the capital. || As
soon as the funeral ceremonies were at an end, deliberation and discussion
among the Chiefs ensued. There were in the first instance several candidates
for the succession. Their number was eventually reduced to two: 1 1. Malie-
toa Tanu, the son of the late King. || 2. The High Chief Mataafa. || This Chief
had been in rebellion against Malietoa Laupepa, but had suffered defeat, and
with other Chiefs had been deported, by agreement between the three Powers,
to the Marshall Islands. On the recommendation of the Consular officers at
Apia, the Powers, in July 1898, consented to his return, the condition being
bis signature of a Protocol in the following terms,-
"I, Mataafa, now held at the Island of Jaluit, do solemnly promise, agree,
and declare: That if I am permitted to return to Apia, Samoa, and there
remain, I will at all times be and remain loyal to the Government of Samoa
as established under the Berlin Final Act as concluded on the 14th June,
1889, and the Government as heretofore existing under King Malietoa Lau-
pepa, and to the successor of the said King Malietoa, when chosen; that I
will remain at Mulinuu, the present seat of the Samoan Government and will
not depart therefrom without the written consent of tle Consuls of the three
Treaty Powers; that I will not encourage or participate in any hostile action
against the Government, nor will I permit my relatives or adherents to engage
in any hostile action against the Government, and that 1 will to the best
of my ability uphold, aid, and support the Government as now established
under the Treaty, and that I will use my influence to promote the peace of
Samoa, and to strengthen the loyalty of the people towards the Government;
and I agree that my return to Samoa and continued residence there shall
depend upon my faithful performance of the conditions above named, and the
wilful disregard of tbe conditions above named shall be suffieient cause for
my removal from Samoa, or for other punishment."
On the 19th September, Mataafa and the other exiled Chiefs landed in
Samoa. It does not appear that be took any overt steps to claim the vacant
throne, but a section of the natives pronounced in bis favour and announced
on the 12th November to the Consuls and to the Chief Justice that he had
been duly elected King. || On the 13th November the opposing faction de-
clared that the real election of a King had not taken place, and on the
following day announced that their chloice had fallen upon Malietoa Tain. I.
Both parties appealed to Mr. Chambers, the Chief Justice, who considered
himself then in a position to take cognisance of the matter, according to the
Thtigkeit der Untersuchungskommission auf Samoa 1899. 41
provisions of the Final Act, a question having arisen "in Samoa respecting Nr. 1208oso.
the rightful election or appointment of King." |i Communicatiuns with the Chiefs Grofs-
on either side occasioned some further delay, and it was not until the 13.Apr.is99.
19th December that the investigation was opened. Both candidates were
represeuted by European Counsel, and wituesses on either side were ex-
liaustively examined-in-chief and cross-examined. Oral argument followed,
each party being permitted all the time requested by them. 11 On the last day
but one of the trial a copy of the Protocols and Final Act of the Berlin
Conference was submitted in evidence for the purpose of proving that Mataafa
was excluded from the Kingship as long as the Act was in force and un-
changed. |j This contention was based on the statement made by Count Bis-
marck, at the fiftl sitting of tle Conference, that, while accepting the prin-
ciple that the Samoans should have the right of freely electing their King,
he was bound to make one exception, in the person of Mataafa, on aecount
of thlie outrages committed by his people, and under his authority, upon dead
and wounded German sailors lyiug on the field of action. 1| The outrages to
which Count Bismarck made allusion occurred in December, 1888, during
hostilities between two rival factions in Samoa. A detachnient of marines
from the Imperial ship "Olga," which had been landed to protect the Germall
plantations, was on that occasion attacked and more than fifty officers and
men were killed and wounded. 11 The decision of the Chief Justice was given
on the 31st December. Referring to the veto placed upon Mataafa, in 1889,
"Had this question arisen in the first stages of the investigation, and it
had been thought wise to make a decision thereon, much time and labour
might have been saved, but it would not have been decided at any time
before the conclusion of the ease as originally outlined for the good rea-
sons- II 1. That the defeated contestant and his followers would have justly
felt that they had not been permitted the investigation that they asked for,
and which had been promised them by the Chief Justiee; and |1 2. Because
the contest presented the first, possibly tie last, and unquestionably the most
favourable opportunity for a thorougl inquiry and judicial ascertainment of
the laws and customs of Samoa relating to the choice of a King. 11 No question
or doubt as to the eligibility of Mataafa to the Kingship of Samoa had been
entertained until after the beginning of this investigation, and it was not
seriously considered until it fornally arose during the last two days of the
In conclusion, he declared:- |1 "As the Judicial Officer, nominated by
three Signatory Powers, agreed to and commnissioned by the Government ot
Samoa, and thus designated by them all to decide this question and appealed
to by contestants, 1 cannot throw off the obligation to obey the plain and
emphatic declaration of the framers of the Treaty when they declare that
one exception must be made amongst all the people of Samoa from eligibility
42 Thtigkeit der Untersuchungskommission auf Samoa 1899.
Nr. 12080. to the Kingship. It is plainly stated by one of the Powers represented in
Gro the Conference, as a condition preccdcnt to its consent to the prineiple of
13.Apr.i899. the election of a King, that there must be one exception. That exception is
mentioned in the person of Mataafa. Reasons were given for making the
exception which not only commended themselves to the other Plenipotentia-
ries and commanded their assent, but appealed to the highest instincts of
universal humanity. || As long as this condition remains in the Protocol, and
until it is stricken out or altered by the same Powers that placed it there,
a Judicial Offieer, whose right to exereise the functions of his office depends
upon the same Treaty and Protocols, cannot give any interpretation to
Article I than that so manifestly and mandatorily stated in the Protocols of
the fifth session of the Conference. l| It is therefore decided that Mataafa,
because of his ineligibility, has not been rightfully elected or appointed King
of Samoa conformably to the provisions of the Berlin Treaty; it is therefore
unnecessary to discuss at this time whether there has been a compliance with
the laws and custonis of Samoa not in conflict therewith in connection with
bis alleged eletion. 11 It is furthermore decided that Malietoa Tanumafili,
being the only candidate for the Kingship eligible thereto, whose election has
been reported to the Chief Justice, and who is the contestant and claimant
in this proceeding for the office, is elected King of Samoa, and this decision
is made in writing conformably to the provisions of the Berlin Act, and to
the laws and customs of Samoa not in conflict therewith."
The adherents of Mataafa refused to accept the decision of the Chief
Justice, and a serious conflict, involving loss of life, occurred. The followers
of Malietoa Tanu were defeated, a large number sought the protection of Her
Majesty's ship "Porpoise" which together with the Imperial German vessel of
war "Falke" was, and has been for some time previously, lying in the har-
bour of Apia. Malietoa Tanu himself, Tamasese his principal supporter, and
Mr. Chambers, the Chief Justice, were granted asylum on board Her Majesty's
ship. l1 Much destruction and pillage of native property is reported to liave
taken place and some damage to the property of Europeans also occurred.
Repeated conferences were held between the Consuls of the three Powers, the
Naval Commanders, the Chief Justice, and the President of the Municipal
Council of Apia. || On the 4th January it was decided to establish a Provisio-
nal Government, and the following Proclamation was issued:-
"Owing to the events of the last days, and to the urgent necessity to
establish a strong Provisional Government of Samjoa, we, the undersigned
Consular Representatives of the three Treaty Powers, declare as follows II
1. The Mataafa party, represented by the High Chief Mataafa and the follo-
wing thirteen Chiefs: Lemana, Morfaano, Lanaki, Toelupe, Molioo, Fue,
Laufa, Antagavaia, Asiata, Leiatana, Tufuga, Leiato, and Suatele, who lately
acted on behalf of said party, and who are now in de facto possession of the
Samoan Government, are recognized to be the Provisional Goverunment of
Thtigkeit der Uutersuchungskommission auf Samoa 1899. 43
Samoa pending instructions from the three Treaty Powers. I 2. The President Nr. 2080so.
to be the Executive Head Officer of the said Provisional Government. || 0urs-
3. Nothing in this Proelamation shall be taken as modifying or abrogating i3.Apr. 18w.
the rights and privileges of the three Treaty Powers in Samoa either indi-
vidually or collectively, or of their Consular Representatives as now existing.
Given at Apia, this 4th day of January, 1899.
(Signed) Rose, Imperial German Consul-General.
L. W. Osborn, United States' Consul-General.
Ernest G. B. Maxse, Her Britannic Majesty's Consul."
Owing to the grave position of affairs Iler Majesty's ship "Royalist" was
ordered to proceed to Apia, and on the 6th Mareh the United States' ship
"Philadelphia," carrying tle flag of Admiral Kautz, arrived there. || Further
disturbances have unfortunately occurred. The intelligence having only beeil
received by telegraph from Her Majesty's Consul full details are wanting, but
the serious character of the outbreak is evident from the fact that Apia was
bombarded by the ,Philadelphia," Her Majesty's steam-ship ,Porpoise" and
,Royalist" joining, that parties landed from those vessels came into collision
with the natives, and that three British sailors and one American lost their
lives. I1 It has thus become evident that, from whatever cause, the local offi-
eials have for the time become ineapable of restraining the native population,
that the institutions founded on the Berlin Act are threatened, and that the
interests of the European residents, no less than those of the natives, are
imperilled. || The difficulty of arriving at any definite solution is greatly en-
hanced by the conflicting evidence which such events not unusually elicit, and
by the fact tbat in consequence of the absence of direct telegraphic com-
munication with Samoa it is impossible to make timely provision for the
various contingencies as they arise. Her Majesty's Government and the Go-
vernments of Germany and the United States, considering it imperative to
adopt prompt measures to remedy the disorder which prevails and to prevent,
if possible, any recurrence of conflict, have therefore determined to send
Commissioners at once to Samoa for that purpose; and I have to inform
you that, with the Queeu's approval, you have been seleeted to be British
Commissioner and I inclose Her Majesty's commission appointing you in that
capacity. 1 I inclose to you a copy of a Memorandum which Las been accepted
by the three Powers and which will sufficieitly indicate to you the nature
of the duties you will have to perform, and the extent of the authority under
which you will act. |1 Her Majesty's Consul at Apia will be informed of thie
decision taken by the Powers, and will be instructed during your Mission to
consider himself subordinate to you. Salisbury.
In view of the troubles which have recently taken place in Samoa, and
for the purpose of restoring tranquillity and order therein, the Three Powers,
44 Thtigkeit der Untersuchungs ommission auf Samoa 1899.
Nr. 12080. parties to the Couference of Berlin, have appointed a Commission to under-
Grofs- take the provisional Government of the islands. || For this purpose they shall
l3.Apr. sg99. exercise supreme authority in the islands. Every other person or persons
exercising authority therein, whether aeting under the Final Act of Berlin or
otherwise, shall obey tbeir orders; and the Three Powers will instruct their
Consular and Naval Officers to render similar obedience. No action taken by
the Commissioners in pursuance of the above authority shall be valid unless
it is assented to by all three Commissioners. l| It will fall within the attri-
butions of the Commissioners to consider the provisions which they may think
uecessary for the future Government of the islands, or for the modification
of the Final Act of Berlin, and to report to their Governments the con-
clusions to which they may come.
Nr. 12081. VERTRAGSSTAATEN. Die Kommission an den eng-
lischen Minister des Auswrtigen. Bericht ber
Apia, Samoa, July 18, 1899. (Received August 19.)
Nr. s101. My Lord. 11 We have the honour to submit herewith to the consideration
Vertrags- of our three Governments the inclosed draft of a modified and amended
staaten. version of the Act of Berlin. || In preparing these modifications and amendments
our method has been to consider, first, what are the evils which have caused
the recent troubles in Sanmoa, and the generally unsatisfactory condition of
the islands; and, secondly, what are the measures most likely to remove or
minimize those evils. || The chief evils may be, in our opinion, grouped under
four heads: || 1. Those which appear to inevitably attend the election of
a King in Samoa, and his subsequent efforts to exert bis autbority. || 2. Those
which are due to the rivalry of the foreign nationalities between themselves,
and to their disposition to take sides in the native politics and thus increase
the importance and bitterness of the disputes which arise. |1 3. A tbird class
of evils have their origin in the fact that for many years therc has been no
law or Government in Samoa other than native custom outside the limits of
the Municipality. Murder and other serious crimes have remained unpunished
when committed by persons of rank, and the Supreme Court and the nominal
Government at Mulinnu have been equally powerless to exert any controlling
force. II 4. The insufficient enforcement of the Customs Regulations has allowed
unscrupulous traders to distribute large numbers of arms among a native
population rent by political factions and ready to fight both one another and
To meet the first of these evils we have temporarily abolished the
Kingship, and recommend that it be permanently abolisled. The action wlich
we have taken in the matter does not appear to have aroused any hostile
Thtigkeit der Untersuchungskommission auf Samoa 1899. 45
feeling among tle natives. U No donbt many great Chiefs regrot that they will Nr. 120o1.
no longer have an opportunity of gratifying their ambitions and indulging that 'ertraut
passion for rank and ceremony which is innate in the breast of every Samoan. | is. Juli 1 99.
But even tlihe Chiefs lave acquiesced in the change; some of the most im-
portant have stated that they think it is for the good of Samoa, and wo
believe that the mass of the population, unless worked tipon by extraneous
influences (which is unliappily -not impossible), will assent to tle abolition
without a murmur and without regret. ]| Every white man-German, English,
and American alikc-who has given evidence before the Commission (witl the
exception of one or two lawycrs who had private interests in the case) has
recommended the Commission to do away with the Kingship, and we may also
refer to the opinion of Sir E. Malet, recorded in the Protocols of the Confe-
rence of Berlin, and of Mr. Bates in his Report on Samoa. || It seems im-
possible to say of thie office any good whatever. It is comparatively modern
as an institution. It served no useful purpose. 1| In recent years at any rate
the King had no authority or practical power to even collect taxes beyond
the limits of the Municipality, and within those limits bis authority was
superfluous. Tlie greater part of the population was for all intents and pur-
poses in permanent rebellion against him, and the mere fact that orders were
issued through him was liable to provoke disobedicnce in many districts. |1
Further, it seems impossible to devise any plan by which an undisputed or
even peaceful succession can be secured. The Kingship depends on tlie grant
of certain titles by certain districts. They are in the gift not of the whole
population but of small bodies of electors who owe their position to their
rank. Even among these electors the principle that the majority of the vote
bestows the title is not acceptcd and the gist of all the "laws and cnstoms
of Samoa" is that there is nothing to prevent two candidates from being duly
elected King at the same time. || Formerly the claims of such rivals were
decided by force of arms, but the frainers of the Act of Berlin, who cvidently
thoroughly understood Samoan custom and practice in this matter, laid down
that "questions respecting the rigltful appointment of King shall not lead to
war, but shall be presented for decision to tlhe Chief Jnstice of Samoa."
Recent experience has unlappily proved that an attempt to settle the question
this way also leads to war, and we are therefore strongly of opinion that the
only chance of preventing such dissensions in the future is to abolish the
offices which provokes them. || In the place of the Kingship, we propose to
create a system of native Government analogons to that which works success-
fully in Fiji. The islands will be divided into certain administrative districts
(corresponding as near as possible witl those recognized by Samoan usage),
for each of which a Chief will be responsible, and these Chiefs will meet
annually at Apia in a Native Conncil to discuss such matters as interest them,
and make recommendations to the Administrator and Council. || Native Courts
will be allowed to punish minor crimes according to native law and eustoms,
46 Thtigkeit der Untersuchungskommission auf Samoa 1899.
Nr. 120os8. and every provision has been made to secure to the Samoan population
Vertags- complete independence and self-government. We fear, however, that the same
i8.JuliiSOS9.causes which produced rival Kings will long continue to produce rival Chiefs,
who will claim the post of Provinucial Governor, and create continual dissen-
sion. II To guard agaiust this danger, we have made a provision in Article 3
which empowers the Administrator to himself appoint the Provisional Governor
in oase any dispute should occur. 1j Perhaps the evils which it is least easy
to eure are the second class-those which arise from the rivalry and mutual
hostility of the different nationalities. || This hostility permeates all departments
of life. The traders on one side combine against those on the other. The
Municipal Council is divided into two parties, each determined to support its
own programme, and defeat that of the other.
Proposed reforms and measures are judged not on their merits, but by
party considerations, and officials, however impartial they may wish to be, are
considered to belong to one side or the other according to their nationality,
and inevitably and by becoming more or less partisans. || From the very
commencement of the late contest for the Kingship, it was no mere native
quarrel between Mataafa and Tanu. On the one side were ranged one foreign
nationality and its officials, and on the other side two other nationalities with
their officials, and the contest was prolonged, and not allowed to reach its
natural termination. 1| We do not think it will ever be possible to do away
with this state of things under a tripartite Administration, and we take this
opportunity of recording our opinion that the only natural and normal form
of government for these islands, and the only system which can assure per-
manent prosperity and tranquillity, is a Government by one Power. We regard
it, however, as beyond our province to make any but a general statement on
such a subject, and we have endeavoured to amend existing arrangements in
such a manner that they may prove, if not entirely satisfactory, at least
workable. |] We propose to introduce an element of unity and centralization
into the Government by the appointment of an Administrator, who will doubt-
less be chosen from some disinterested Power. He will be assisted by a
Council of Delegates from the three Governments, who might exercise such
Consular functions as are necessary in Samoa. We propose to give this
Administrator a large measure of authority, which, if exercised by a just and
capable man, should enable him to put an end to many disputes. ]! We propose
that the Administrator and the three Delegates should form a Legislative
Council, and we have introduced into the Act several clauses giving them
power to modify existing Laws and Ordinances. ii We are of opinion that the
original Act of Berlin was drafted and has been construcd in too rigid a
manner, and that greatcr elasticity in its provisions would have a beneficial
cffeect. 11 Wo have, therefore, empowered the Council to make such alterations
as it may think fit in the boundaries of districts, the details of native
Govcrnment, and other matters cnumerated in the proposed Amended Act. ||
Thtigkeit der Untersuchungskommission auf Samoa 1899. 47
Thirdly, we hope to create a greater harmony among the white residents by Nr. 12081s.
abolishing Consular jurisdiction. We believe that in other parts of the world vetrags-
such jurisdiction prevails only where the laws of a country are for religiousis. Juli1899.
or other reasons not suitable for application to foreigners. But the Chief
Justice of Samoa is an American or European, and administers American or
European law. lt would appear, therefore, that there is no reason why he
should not take cognizance of all suits brought against foreigners, nor wlhy
foreigners should enjoy privileges of extra-territoriality except that of not
being amenable to the jurisdiction of Native Courts, which will deal only with
such matters as are decided according to native custom. Hitherto, Consular
jurisdiction has been a powerful means of embittering international strife in
Apia. Each nationality has had its own law, and the Consul who administered
that law was popularly rcgarded, not as an impartial Judge, but as the pro-
tector of his own nationality. 1N We believe that by abolishing this outward
sign of separate national institutions and by submitting all nationalities to one
Court and one law, a great advance will be made in the direction of removing
petty rivalries and jealousies and restoring good relations between the various
white colonies. || The third class of evils arises from the lawlessness now pre-
vailing in Samoa outside the Mnnicipality. For many years there has been
no law in these districts, and native institutions permitted Chiefs to commit
crimes with impunity. Murder, tlieft, and other offences were left unpunished,
and trade suffered owing to the difficulty of affording planters adequate legal
protection in their dealings with the aborigines. We hope to improve this
state of things by giving the Chief Justice an enlarged jurisdiction over all
the islands, so as to include all cases between natives and foreigners as well
as the higher grade of crimes committed by natives against each other. 11 To
lighten the work of the Supreme Court we have made the Municipal
Magistrate a Court of First Instance within the liniits of the Municipality. ||
Fourthly, we have felt it our duty to deal somewhat severely with the impor-
tation of arms and ammunition into Samoa. The prohibition existing in the
Treaty has become a dead letter; the management of the customs has beeil
exceedingly lax, having been largely in the hands of mcrchants who naturally
found it convenient to have easy Regulations. 11 Private commereial houses
have beei allowed to discharge goods direct into their own receiving sheds
without any examination, and, though we make no specific accusations, it is
clear that there can have been no difficulty in introducing large quantities of
arms, and that arms were so introduced. || We therefore feel it essential that
the Customs Regulations should be stringently enforced under the supervision
of the Administrator, and that adequate customs accommodation with an ade-
quate staff shall be provided with as little delay as possible. 1| The amendments
to the Treaty of Berlin, which are herewith submitted for the consideration
of the Great Powers, have been determined upon after consultation with all
the leading white inhabitants of Apia and after conferences with all the
48 Thtigkeit der Untersuchungslaomission auf Samoa 1899.
Nr. 120os. leading Chiefs on the islands. |1 The Commission visited every distriet of the
Vteateg, islands in person, and held meetings of the natives, brought abont recon-
1i.Juliis99.ciliations between the Tanu and Mataafa factions, and learned the views of
the people in regard to the forms of native government most acceptable and
best adapted to their requirements. 11 The Commission, thereafter, on the
14th July, 1899, so soon as it had formulated its views and determined upon
the amendments necessary and proper to be made, called a meeting of all the
leading and common Chiefs of both the Malietoa and Mataafa factions at
Apia, at which meeting about 450 Chiefs of all rank were present, and the
Commissioners thcre explained the general propositions contained in the
proposed amendments, and the same were then and there agreed to and
nnanimously adopted, and thirteen Chiefs from either side were selected to
ratify and adopt such proposed amendments by affixing their names thereto,
and their names will be found appended to the copy of the Amended General
Act which is herewith submitted. We have, &c.
(Signed) C. N. E. Eliot.
Nr. 12082. VERTRAGSSTAATEN. Vorschlag der Kommission
zur Abnderung der Samoaakte.
Nr. 12082. A Declaration respecting the Neutrality of the Island of Samoa, and assuring $i
staaten. to the respective Citizens and Subjects of the Signatory Powers equality of
Juli 1899.1 Bights in said Islands, and providing for the immediate restoration of Peace
and Good Order therein.
It is declared that the islands of Samoa are neutral territory, in which
the citizens and subjects of the three Signatory Powers have equal rights of
residence, trade, and personal protection. None of the Powers shall exercise
any separate control over the islands or the Government thereof. ij It is further
declared with the view of the permanent restoration of peace and good order
in the said islands, and in view of the difficulties which have always attended
the selection of a King and the maintenance of his authority against the fre-
quent rebellions incited by the rival Chiefs, that the office and title of King
is, and for ever shall be, abolished in Samoa, and that the authority of Chiefs
therein shall hereafter be limited to the distriet in which it may be recognized
as hereinafter provided.
A Declaration respecting the Modification of existing Treaties.
Considering that the following provisions of this General Act cannot be
fully effective without a modification of certain provisions of the Treaties
Thtigkeit der Untersuchungskommission auf Samoa 1899. 49
heretofore existing between the three Powers respectively, and the Government Nr. 1202.
of Samoa, it is mutually declared that in every case where the provisions of Vt.t1.-
this Act shall be inconsistent with any provisions of such Treaty or Treaties, Jul is. .
the provisions of this Act shall prevail.
A Declaration as to .Executive .Powers.
The executive powers shall be vested in an Administrator of Samoa, who
shall be appointed by the three Signatory Powers in common accord, or,
failing their agreeinent, by the King of Sweden and Norway. 1l Ile shall receive
au annual salary of 6,000 dollars in gold, or its equivalent, to be paid out
of the revenues of the Samoan Government. Any deficiency therein shall bc
made good by the three Powers in equal shares. 11 The Administrator shall
execute all laws in force in the islands of Samoa. He shall have power to
grant reprieves and pardons for offences against the Government of Samoa.
He shall bave power, by and with the consent and advice of the Executive
Council, to appoint all officers whose appointment is not herein otherwise
provided for. IIe shall have power to fill all vacancies in office temporarily
and until appointments to such offices shall have been regularly made, and to
designate persons to act in place of officers temporarily absent from Samoa. |
It shall be the duty of the Administrator, by and with the consent of
the Executive Council, to divide the islands of Samoa, outside of the Muni-
eipal District of Apia, into a suitable number of districts, which may from
time to time be inereased or decreased in size and number, as deemed
advisable, and in each district to appoint a Governor, who shall be charged
with the collection of all taxes and with the maintenance of peace and good order
within the distriet. 1| The Governors shall hold their office for a term of three
years; they may be reappointed at the expiration of the term, and they may
at any time be removed by the Administrator for misbehiaviour. They shall
be appointed on the nomination of the natives of their districts; but should
the natives fail to agree upon a nomination, the Administrator shall appoint
such Chief of the district as he thinks fit. |1 The Local Government of such
districts shall be left, so far as may be, to be administered by the natives
themselves, in accordance with the laws and customs of Samoa.
A Declaration as to Legislative Powers.
1. The legislative power shall be vested in the Administrator and Legis-
lative Couneil. The Council shall consist of three members, one of whom
shall be appointed by the United States, one by the Empire of Germany, and
one by the United Kingdom of Great Britain and Ireland. |1 The Administrator
Staatsarchiv' LXIV. 4
50 Thtigkeit der Untersuchungskommission auf Samoa 1899.
Nr. ]20os. and Council shall constitute a legislative body, of which the Administrator
Vertrags- shall be the President. |1 Ile shall have a voice in considering and a vote in
Juli i899. determining all questions that may come before it. || Three of the four members
composing the Legislative Body shall constitute a quorum for the transaction
of business: Provided, however, that no law shall bc enacted, and that no rule
or regulation having the force of law shall be made without the concurrence
of at least three members in open Session. 1| The legislative power of the
Administrator and Council shall extend to all rightful subjects of legislation,
and in particular they shall have power to levy and collect such taxes, duties,
imposts, and cxcises as may be necessary for the public revenues, and for
this purpose they shall have power to change and modify the taxes, duties,
imposts and excises provided for in this Act. 1| They shall have power to
establish post-offices, post roads, and a uniform postal system. They shall
have power to establish Municipal and Distriet Governments, and to limit and
define their powers. 1| But the three Great Powers reserve to themselves at
all times the right and power to modify or annul any legislative act of the
Samoan Govermninent. jj 2. The members of the Legislative Council shall also
constitute an Executive Council, which shall from time to time counsel and
advise the Administrator in his executive eapaeity, as may be required. || The
members of the Legislative and Executive Councils shall also, when designated
by the Administrator, act in the capacity of Assessor and Collector of Customs
and Revenues, Treasurer, Attorney-General, and such other executive officers
of the Government as may be provided for. || They may also, if required, act
in the capacity of Consuls or Consular Agents of their respective Govern-
ments. II 3. There shall be a Native Assembly, composed of the Governors of
the different districts of the islands. The members of the Native Assembly
shall hold their office for three years, but the Administrator shall have power
to dismiss auy of them for misbehaviour. The Native Assembly shall meet
annually at Mulinuu at such time as may be designated by the Administrator,
but such Session shall not continue for a longer time than thirty days in
any one year, except for reasons approved by the Administrator. The Native
Assembly shall be presided over by the Chief Justice or some other white
official designated by the Administrator, but the President so designated shall
not have a vote, and his functions shall be merely to control and direct the
proceedings of the Assembly with a view to the dispatch of business. The
Native Assembly shall be empowered to deal with all questions concerning
district government, including Native Courts, and with all matters which affect
natives only. Its Resolutions and recommendations shall be referred to the
Administrator and Legislative Council, who shall approve, disapprove, or return
them, with such modifications as thecy may deem proper: Provided always that
no Resolution or otlier action of thie Native Assembly shall have any binding
force or eff'uct until the same shall have been approved by the Administrator
and Legislative Council.
Thtigkeit der Untersuchungskommission auf Samoa 1899. 51
Article V. Nr. 1208os2.
A Declaration respecting the Establishment of a Supreme Court of Justice for staaten.
Samoa, and defining its Jurisdiction. Juli 1899.
Section 1. A Supreme Court shall be established in Samoa, to consist
of one Judge, who shall be styled Chief Justice of Samoa, and who shall
appoint a clerk and all necessary officers of the Court; and record shall be
kept of all orders and decisions made by the Court, or by the Chief Justice
in the discharge of any duties imposed on him under this Act. The clerk
and other officers shall be allowed reasonable fees to be regulated by order
of the Court. || Sec. 2. With a view to secure judicial independence and the
equal consideration of the rights of all parties, irrespcctive of nationality, it
is agreed that the Chief Justice shall be appointed by the three Signatory
Powers in common accord, or, failing their agreement, he may be appointed
by the King of Sweden and Norway. He shall be learned in law and equity,
of mature years, and of good repute for bis sense of honour, impartiality,
His decision upon questions within his jurisdiction shall be final.
The three Powers, however, reserve to themselves the right to modify or
annul decisions of the Supreme Court involving any question of a political or
administrative character or principle of international law. He shall receive an
annual salary of 5,000 dollars in gold, or its equivalent, to be paid out of
the revenues of the Samoan Government. Any deficiency therein shall be
made good by the three Signatory Powers in equal shares. || The powers of
the Chief Justice, in ease of a vacancy of that office from any cause and
during any temporary absence of the Chief Justice from the islands of Samoa,
shall be exercised by such person as may be designated by the Administrator.|
Sec. 3. In case any of the four Governments shall at any time liave cause
of complaint against the Chief Justice for any misconduct in office, such
complaint shall be presented to the authority which nominated him, and, if in
the judgment of such authority there is sufficeient cause for his removal, he
shall be removed. If the majority of the three Treaty Powers so request, he
shall be removed. In case of removal, or in case the office shall become
otherwise vacant, his successor shall be appointed as hereinbefore provided. |1
Sec. 4. The Chief Justice is authorized at his own discretion, and upon the
written request of either party litigant, to appoint Assessors or jurors not
exceeding three in number nor of the nationality of either party to hear and
determine any issue of fact arising in the case. |i Sec. 5. In case any diffe-
rence shall arise between either or any of the Treaty Powers and Samoa
which they shall fail to adjust by mutual accord, such difference shall not be
held cause for war, but shall be referred for adjustment on the principles of
justice and equity to the Chief Justice of Samoa, who shall make his decision
thereon in writing. || Sec. 6. The Chief Justice may recommend to the Go-
52 Tlitigkeit der Untersuchungskommission auf Samoa 1899.
Nr. 12082. vernment of Samoa the passage of any Law which he shall consider just and
Vertratg expedient for the prevention and punishment of erime, and for the promotion
julis. of good order in Samoa and the welfare of the same. 1 Seec. 7. The Supreme
Court shall have original and final jurisdiction of- 1. All questions arising
under the provisions of this Amended General Act. I| 2. All civil suits con-
cerning real property situated in Samoa, and all rights affeeting the same. ||
3. All civil suits of any kind between natives' and foreigners or between fo-
reigners, irrespective of their nationality. 1| 4. All erimes and offences com-
mitted by natives against foreigners, by foreigners against natives, or by
foreigners against each other, irrespective of nationality, except violations of
Municipal Ordinances and Regulations of which the Municipal Magistrate is
given jurisdietion. || 5. Of all felonies committed by natives against each otlier. 1|
Sec. 8. The Supreme Court shall have appellate jurisdietion over all Muni-
eipal Magistrates and Municipal Courts in eivil cases where the amonnt of
the judgment rendered exceeds 10 dollars, and in criminal cases where the
fine exceeds 20 dollars or the imprisonment ten days. 11 Sec. 9. The practice
and procedure of common law, equity, and Admiralty, as administered in the
Courts of England, may be, so far as applicable, the practice and procedure
of this Court; but the Court may modify such practice and procedure from
time to time as shall be required by local eircumstances. Until otherwise
provided by law, the Court shall have authority to impose, according to the
crime, the punishment established therefore by the laws of the United States,
of England, or of Germany, as the Chief Justice shall decide most appro-
priate; or, in the case of native Samoans and other natives of the South Sea
Islands, according to the laws and customs of Samoa. || Sec. 10. Nothing in
this Artiele shall be so construed as to affeet existing Consular jurisdietion
over all questions arising between masters and seamen of their respective na-
tional vessels; nor shall the Court take any ex post facto or retroacetive juris-
diction over crimes or offenees committed prior to the organization of the
Court. The Supreme Court shall have power to issue writs of injunetion,
attachment, mandamus, and other remedial writs known to the Common Law.
The writ of habeas corpus shall not be suspended except in time of aetual
war. II See. 11. The Legislative Council shall have power to create and pro-
vide such other and inferior Courts and judicial Tribunals in Samoa, as from
time to time may be found ;necessary and proper, provided that the juris-
dietion of the Courts and judicial Tribunals so created shall not extend to
eivil cases involving an amount or property exceeding in value 50 dollars,
nor to criminal cases where the penalty exceeds a fine of 200 dollars or
iinprisoninent for a longer term than 180 days. |I See. 12. The Chief Justice
shall hold thlie terms of the Supreme Court in Apia, and at such other
places in the islands of Samoa as in his discretion may be necessary and
Thtigkeit der Untersuchungskommission auf Samoa 18099. 53
Artiele VI. Nr. 12082.
A Declaration respecting Titles to Land in Samoa, aind restraining the Dispo- ertragu-
sition thereof by Natires; and providing for the Rlegistralion of ralid Tilles. Juli 1899.
Section 1. In order that the native Samoans may keep their lands for cul-
tivation by themselves and by their children after them, it is declared
that all future alienation of lands in the islands of Samoa to the citizens or
subjeets of any foreign country, whether by sale, mortgage, or otherwise, shall
be prohibited, subjeet to the following exceptions:- 11 (a.) Town lots and lands
within the limits of the Municipal Districts as defined in this Act, may be
sold or leased by the owner for a just consideration when approved in writing
by the Chief Justice of Samoa. 1| (b.) Agricultural lands in the islands may be
leased for a just consideration and witli carefully defined boundaries for a
term not exceeding fifty years, when such lease is approved in writing by the
Chief Executive authority of Samoa and by the Chief Justice. But care should
be takeu that the agricultural lands and natural fruit lands of Samoaus shall
not be unduly diminished. [! See. 2. The Court shall make provision for a
complete registry of all valid titles to land in the islands of Samoa, which
are or may be owned by foreigners or natives. |[ Sec. 3. All lands acquired
before the 28th day of August, 1879 being the date of tlie Anglo-Samoan
Treaty shall be held as validly acquired but without prejudice to rights
of third parties if purchased from Samoaus in good faith, for a valuable
consideration in a regular and customary manner. Any dispute as to the fact
or regularity of such sale shall be examined and determined by the Court.
A Declaration respecting the Mlunicipal District of Apia, providing a Local
Administration therefore, and defining the Jurisdiction of thee lIiunicipal Mtagistrate.
Section 1. The Municipal District of Apia is defiued as follows: begin-
ning at Vailoa, the boundary passes thence westward along the coast to the
mouth of the River Fuluasa, thence following the course of the river upwards
to a point at which the Alafuala road crosses said river, thence following
the line of said road to the point where it reaches the River Vaisinago, and
thence in a straight line to the point of beginning at Vailoa, embracing also
the waters of the harbour of Apia. Provided, that the Administrator and
Council shall have power to interpret, limit, and define the boundary of the
inunicipal district of Apia. | See. 2. Within thle aforesaid district shall be
established a Municipal Council consisting of six members and a Mayor, who
shall preside at all meetings of the Council, and who shall, in case of unequal
division, have a casting vote. The Mayor shall be appointed by the Muni-
cipal Council with the approval of the Administrator. jj In ease the Municipal
Council shall be unable to come to an agreement they shall submit to the
Administrator the names of the candidates whom they recommend for the
54 Thtigkeit der Untersuchungskommission auf Samoa 1899.
Nr. 12082. officc of Mayor, and the Administrator shall choose the Mayor from among
Vertrag themi. I The Mayor and Councillors shall be residents of the said district, and
Jnli 199. owners or real estate, or conductors of a profession or business in said
district which is subject to a rate of tax not less in amount than 5 dollars
per annum. 1| For the purpose of the election of members of the Council the
said district shall be divided into three electoral districts, from each of which
an equal number of Councillors shall be elected by the taxpayers thereof
qualified as aforesaid, and the members elected from each electoral district
shall have resided therein for at least six months prior to their election. It
shall be the dnty of the Administrator to make the said division into electoral
districts as soon as practieable. 11 Subsequent changes in the number of Coun-
cillors or the number and location of electoral districts may be provided for
by Municipal Ordinance, subject to reference to the Administrator as herein-
after provided. ]1 The Mayor shall hold bis office for one year, and until bis
successor shall be elected and qualified. || The Councillors shall hold their
office for a term of two years, and until their successors shall be elected and
qualified. | In the absence of the Mayor the Council may elect a Chairman pro
tempore. Consular officeers shall not be eligible as Councillors or Mayor, nor
shall Councillors or Mayor exercise any Consular functions during their term
of office. 11 Each member of the Municipal Council, including the Mayor, shall,
before entering upon his functions, make and subscribe before the Chief Justice
an oath or affirmation that he will well and faithfully perform the duties of
bis office. [l See. 3. The Municipal Council shall have jurisdiction over the
Municipal district of Apia, so far as necessary to enforce therein the pro-
visions of this Act which are applicable to the said district, including the
nomination of a Municipal Magistrate, who shall be appointed in the same
manner as the Mayor. The Council shall also have power to appoint all
necessary subordinate officers of justice and of administration in the said
district, and to provide for the security of person and property therein; and
to assess such municipal rates and taxes as they may agree upon, and to
provide proper fines and penalties for the violation of the Laws and Ordi-
nances which shall be in force in said district, and not in conflict with this
Act, including Sanitary and Police Regulations. |1 They shall establish pilot
charges, port dues, Quarantine and other Regulations of the port of Apia.
They shall also fix the salary of the Municipal Magistrate, and establish the
fees and charges allowed to other municipal officers of the district. j| All Or-
dinances, Resolutions, and Regulations shall be referred by the Municipal
Council to the Administrator, who shall express his consent or disapproval, or
suggest amendments. Provided always that no Ordinances, Resolutions, and
Regulations passed by this Council shall become law before receiving the
approval of the Administrator. 11 Sec. 4. The Municipal Magistrate shall have
exclusive jurisdiction in the first instance over all persons,, irrespective of
nationality, in case of infraction of any Laws, Ordinance, or Regulation passed
Thttigkeit der Uiitersuchungskommission auf Samoa 1899. 55
by the Minicipal Couneil, in accordance with the provisions of this Act, and Nr. 12082.
of all misdemeanors committed within the Municipal Distriet of Apia, provided Vertrags-
that the penalty does not exceed a fine of 200 dollars, or imprisonment for Juli 1s99.
a longer term than 180 days with or without hard labour. The Municipal
Magistrate shall also have jurisdiction within the Municipality of Apia in all
eivil suits not affeeting the right of real property between natives and
foreigners, or between foreigners irrespective of nationality where the value of
thie property or the amount involved does not exceed tlie sum of 50 dollars.
Sec. 5. The Mayor shall superintend the Harbour and Quarantine Regulations,
and shall be in charge of the administration of the Laws and Ordinances
applicable to the Municipal Distriet of Apia. || Sec. 6. The Administrator and
Couneil shall fix an annual sum to be paid out of the revennes of thie island
to the Municipal Council for the expenses of the Municipal Goverument and
the execution of public works.
A Declaration respecting Taxation and Revenue in Samoa.
Section 1. Until further provided by law, the port of Apia shall be the
port of entry for all dutiable goods arriving in the Samoan Islands; and all
foreign goods, wares, and merchandize landed on the islands shall be there
entered for examination; but coal and naval stores which either Government
has by Treaty reserved the right to land at any harbour stipulated for that
purpose are not dutiable when imported as authorized by such Treaty, and
may be there landed as stipulated without such entry or examination. || Sec. 2.
To enable the Samoan Government to obtain the necessary revenne for the
maintenance of government and good order in tlie islands, the following duties,
taxes, and charges may be levied and collected:-
A. Import Duties. Dol. c.
1. On ale and porter and beer . . . . Per doz. qts. 0 150
2. On spirits . . . . . . . Per gallon 2 50
3. On wine, except sparkling . . . . . ,, 00
4. On sparkling wines . . . . . .,, 1 50
5. On tobacco . . . . . . Per 11). 0 50
6. On cigars . . . . . . . .. 1 00
7. On sporting arms . . . . . .. Each 4 00
8. On guunpowder . . . . . .. Per 11. 0 25
9. Statistical duty on all merchandize and goods im-
ported, except as aforesaid . . . . . Ad valorem 2 per ceut.
B. Export Duties.
On copra . . . . . . . . Ad valoremn 21'/ per cent.
On coffee . . . . . . . . 2 ,
On cotton . . . . . . . . . 11 ,
C. Taxes to be annually levied.
1. Capitation tax on Samoans and other Pacitic Islanders
over the age of 18 and under the age of 45 years,
not included under Nr. 2 . . . . . Per head 2 00
56 Tlitigkeit der iUntersuchugskonumission auf Samoa 1899.
Nr. 1202. -- -
Vertrags- Dol. c.
staaten. 2. Capitation tax on colonred plantation labonrers, other
Juli w. than Samoans . . . . .... . Per head 2 00
3. On boats, tratling and others (excluding native canoes
and native hoats, carrying only the owner's property) Each 4 00
4. On fire-arms . . . . . ,, 2 00
5. On dwelling-lhaoses (not including the dwelling-honses
of Samoan natives) and on land and houses tsed for
commercial purposes . . . . . . Ad vulorem 1 per cent.
6. Special taxes on traders as follows -
On stores of which the monthly sales are 2000 dollars
or mior . . . . . . .. Each store 100 00
Below 2000 dollars and not less than 1000 dollars 48 00
Below 1000 dollars and not less than 500 dollars ,, 6 00
Below 500 dollars and not less than 250 dollars 24 00
Below 250 dollars . . . .. .. 12 00
1). Occasional Taxes.
1. On trading vessels not exceeding 100 tons hurden
calling at Apia . . . . .. Each call 10 00
2. Upon deeds of real estate, to be paid hefore regis-
tration thereof can be made, and withont payment
of which title shall not he held valid, upon the valne
of the consideration paid . . . /. : per cent.
3. Upon other written transfers of property, upon the
selling price . . . . . . 1 ,
Evidence of the payment of the last two taxes
may be shown by lawful stamps affixed to
the title paper, or otherwise by the written
receipt of the proper tax collector.
4. Unlicensed buntchers in Apia shall pay upon their sales . .
E. Licence Taxes.
No person shall engage as proprietor or manager in any
of tle following professions or occupations except
after hlaving ottained a licence therefor, and for such
licence the following tax shall be paid in advance:-
Tavern-keeper . . ............ Per month 10 00
Attorney, barrister, or solicitor . . . Per annum 6O 00
Doctor of medicine or dentistry . . ... ,, 30 00
Auctioneer or commission agent . . . ,, 40 00
Baker . . . . . 1 12 00
Banks or companies for banking . . . 60 00
Barber . . . . . .. 6 00
Blacksmith . . . . ... 5 00
Boat builder . . . . ... .., 6 00
Butcher . . . . . . 12 00
Cargo-hoat or liglter . . . 6 00
Carpenter . . . . .. ., 6 00
Photographer or artist . . . . . 12 00
Engineer . . . . . .. ; :.. 12 00
assistants . . . ... . 6 00
apprentices . . . . 3 00
Ilawker . . . .. 00
Pilot . . . . . . .. . .. 24 00
Printing press . . . . . ,, 12 00
Sail-maker . . . . . . . 6 00
Thtigkeit der Untersuchungskommission auf Samoa 189!). 57
.........- Nr. 120S2.
Dol. c. Vertrags-
Ship-huilder .. . Per annum (i 00 etaatun.
Shocmaker ... . . . . . . 00 Juli 199.
Lanil surveyor . . . . G 00
Tailor . . . . . . 6 00
W aterman . . . . . .... . 00
Salesmen, bookkeepers, clerks, paid not less than
75 dollars a-montli . . . .. ,, 3 00
Same, when paid over 75 dollars a-montl . 0o
White labourers and domestics, per head . ,, 5 00
Factory hands and independent workumen . 5 00
See. 3. It is understood that "dollars" and "cents," terius of money used
in this Act, describe the standard money of tie United States of America, or
its equivalent in otlier currencies.
A Declaration respecting Arms and Ammnitiion a9nd Intoxicaling Liquors,
restraining their Sale and Use.
Seetion 1. The importation into the Islands of Samoa of arms and
ammunition by tle natives of Samoa, or by the citizens and subjects of any
foreign country, is prohibited, except in the following cases:- 11 (a) Guns and
ammunition for sporting purposes, for which written licence shall have been
previously obtained from the Administrator. | (b.) Small arms and ammunition
carried by travellers as personal appendage. The supply of arms and ammu-
nition by any foreigner to any native Samoan subject or other Pacific islander
resident in Samoa is prohibited. I| The penalty for so supplying arms shall be
a fine not exceeding 2,500 dollars, or a term of imprisonment not exceeding
two years, or both, in the discretion of the Court, and the arms shall be
confiscated. Half the file shall go to the informer. 1| Any native found in the
possession of arms or ammunition other than such as are used for sporting
purposes shall be liable to a fine not exceeding 200 dollars, and a torm of
imprisonmient not exceeding six months, or botli in the discretion of the
Court, and the arms shall be confiscated. Half the fine shall go to the in-
former. I Tlie Samoan Government retains the riglit to import free of duty
suitable arms and ammunition to protect itself and maintain order. || All arms
without exception coming into Samoa shall be entered at the Customs and
marked there with a stamp, and the possession by any Samoan or foreiguer
of any arms not to stamped shall be primA facie evidence that such arms
were imported in violation of law. I| The three Governments reserve to thein-
selves the future consideration of the further restrictions which it may be
necessary to impose upon the importation and use of arms in Samoa. |] Sec. 2.
No spirituous, vinous, or fermented liquors, or intoxicating drinks whatever,
shall be sold, given, or offered to any Samoan or South Sea Islander resident
in Samoa to be taken as a beverage. 1| Adequate penalties, including impri-
sonment, for the violation of the provisions of this section shall be established
by the Administrator and Couneil.
58 Thtigkeit der UJutersuchungskommission-auf Samoa 1899.
Nr. 12os8. General Customs Pegulations.
Staaten. Sec. 3. It is hereby provided tliat no person or persous in.Samoa shall enjoy
Jnli 1899. any immunity from a strict examination by the Customs of all articles imported.
All goods shall be landcd at the receiving sheds of the Castoms. The Ad-
ministrator and Council are authorized to enact Laws and Ordinances providing
for Custom-house Regulations, with suitable penalties for breach of the same.
The provisions of this Act sball continue in force until changed by con-
sent of the three Powers. Upon tlie request of either Power after three
years from the signature hereof, the Powers shall consider by common accord
what ameliorations, if any, may be introduced into the provisions of this
General Act. In the meantime, any special amendment may be adopted by
the consent of the three Powers, with the adherence of Samoa: Provided,
however, that no amendment of any section or Article of this General Act
shall in any way affect private rights acquired under such section or Article
prior to such amendment.
Nr. 12083. GROSSBRITANNIEN.-Der englische Bevollmchtigte
an den Minister des Auswrtigen. Weiterer Bericht
ber die Thtigkeit der Kommission.
Apia, Samoa, July 26, 1899.
Nr. 12o03. My Lord, i| I Have the honour to submit to your Lordship the following
Crofs- brief continuous narrative of the proceedings of the Samoan IHigh Com-
26. Juls899. mission:- |Y We arrived at Apia on the United States' shiip "Badger" on tlie
13th May, and found the island of Upolu divided into two hostile camps.
Apia and the central region were occupied by the troops of Malietoa, under
the superintendance of British naval officers, while on either side to the west
and east of this area were tle troops of Mataafa. We were naturally an-
xious to restore the island to its normal condition, and to break up these
camps, but the olperation presented considerable difficulties. It would have
been a doubtful advantage so simply disband the troops of both parties, and
disperse large bodies of armed men among the villages where they were likely
to continue their quarrels and be subject to no European control. One of
the greatest difficulties in Samoa is that, outside the narrow limits of the
municipality, there is absolutely no power, police or other, whieh is capable
of maintaining order, and, though the Commission was nominally invested
with supreme authority over the islands, it had no means of enforcing that
authority. l1 The German Commissioner felt unable to consider the questions
of who was the rightful King of Samoa, and whether the continuance of the
Kingship was desirable as long as the forces of Malietoa and Mataafa re-
mained under arms in their camps, and we therefore decided to not only
Thtigkeit der Untersuchungskommission auf Samoa 1899. 59
disband but disarm Ihe two parties, while leaving open the legal questions Nr. 12083.
arising out of Chief Justicce Chambers' deceision. In so doing we ran a con- Grols-
siderable risk of issuing an order which might be disobeyed, but we were led 2s. Jui 1s9.
to believe that tbe natives would probably be ready to give up their guns in
return for fair compensation. 11 We received both Chiefs a few days after our
arrival. Malietoa bebaved with perfect propriety, and visited the Commission
as instructed, accompanied by only a few Chiefs and in a boat flying the
flags of thlie three Powers. Mataafa, however, declined to acquiesce in this
arrangement, or to use the boat seit to meet hirn, and was very improperly
allowed to come to Apia in his own war canoe, with a following of more
than 100 men. The substance of both interviews was the same. The two
high Chiefs were asked whether they would give up their arms to the Com-
mission, whether they would accept as King any person named by the Com-
mission, and whether they would assent to the abolition of the Kingship, if it
were ordered. They returned an affirmative answer to all these questions. || As
the troops of Mataafa were encamped both to the east and west of the Malietoa
lines, and communication between the two divisions could only take place by
sea, we thought it fair to allow him some days to collect his arms, and finally
arranged to receive them at Malua on the 31st May. 1| Malietoa was informed
that if Mataafa gave up bis arms in a satisfactory manner, the otler side
would also be expected to immediately disarm.
On the 31st May we proceeded to Malua on the "Badger." Mataafa
brought off about 1,800 guns in boats, but no ammunition to speak of. This
number probably represented about two-thirds of the arms in the possession
of bis followers, and was thought to indicate a bon fide desire to obey the
Commission. He was direeted to disband his troops, and retire himself to
bis own distriet of Aleipata and await our decision respecting the Kingshiip.
The Commission then returned to Apia, which was not reached until late in
the afternoon of the 31st May, and during that night and the next day
received about 1,300 guns from Malietoa. Of the 700 guns distributed to
native troops by the British officers, 600 were returned, but 100 men of
"Gaunt's Brigade" were retained under arms to act as a police force under
the orders of the Commission. It was understood that the arms surrendered
before the 20th June would be returned on the restoration of peace, or else
a fair compensation be given for them; but the possession of arms by Sa-
moans after the 20th June was declared to be a penal offence. 11 The follo-
wers of Iataafa dispersed over tbe island in the ifirst days of June, hut
Malietoa and some of bis Chiefs were allowed to remain at Mulinuu, the
traditional seat of government. Malietoa and Tamasese had both lived long
in this place, and it might fairly be regarded as their home, and there was
a better chance of avoiding collisions and quarrels if the leaders of the two
parties did not return to their villages simultaneously. Those adlerents of
Malietoa, however, who came from the islands of Tutuila and Savaii
60 Thtigkeit der Untersuchungskommission auf Samoa 1899.
Nr. 20os3. were immediately taken back to their homes by ships of war. || The Com-
Grofs- mission then proceeded to consider the question of the Kingship. We were
26. Juliiics. unanimous on two points, first, that tle decision of the Chief Justice naming
Tanu King was legally irreversible; and, secondly, that the Kingship should
be abolished. It is admitted that the Chief Justice had jurisdiction in the
case, and that tlere is no appeal from his decision. If so, the argument
that the decision was wrong or contrary to the customs of Samoa is irre-
levant, even if it were true. If the public had a right to disobey this de-
cision, they would have on the same principle the. right to disobey all other
decisions, and the Judgments of the Supreme Court would have neither autho-
rity nor finality. With regard to the Kingship, we were of opinion that the
office had never been anything but a source of trouble and contention, seeing
that for many years no Samoan Monarch had been able to command the
allegiance of the whole population and exercise the most ordinary functions
of Government, while the peculiar native customs which regulate the election
of a King render an appeal to arms almost inevitable, despite all Treaty
stipulations to the contrary. 1j I was myself of opinion that it would have
been well to recognize Tanu provisionally as King, and refer the question of
the abolition of the Kingship to the Powers together with the other recom-
mendations of the Commission. This course would have had the advantage
of teaching respect for law and of making the natives understand that
judicial decisions must be obeyed even if distasteful to a part of the
population. Further, it may be safely said that had Tanu been recognized
by the Representatives of the three Powers as King de facto, the strength
of the Mataafa party would have been broken. The most important Chiefs
were ready to give their adhesion to the winning side, and the others would
have acquiesced. The German Commissioner, however, while admitting that
the Chief Justice's decision was valid and binding, felt unable to allow Tanu
to exercise even nominal autlority for a limited period. Actuated in this,
as in many other cases, by a desire to assent to any compromise which
would be acceptable to Baron Sternburg without a sacrifice of principle, I
agreed that the Commission should publicly acknowledge the validity of Mr.
Chambers' decision and by implication the impropriety of resisting it, but
that simultaneously with the publication of this Proclamation Tanu should ab-
dicate. This involved no personal hardship to Tanu. He is not ambitious,
and was known to wish to retire and complete his education in Australia.
He signed an act of abdication and also visited the Commissioners as legal
King of Samoa, and informed them verbally of his intention to resign. 1 A
Proclamation was issued on the lOth June, signed by the three Commissio-
ners, stating that Chief Justice Chambers' decision was valid and binding, that
Tanu had resigned the office of King, and that the office was abolished. It
further ordered that, during the period of the Commissioners' stay in the
islands, the Consuls of the three Powers should perform the duties of the
Thbtigkeit der Untersuchungskommission auf Samoa 1899. 61
King and bis Councillors, and Dr. Solf act as President of the Municipal Nr. 12083.
Council. This lattcr provision was necessary, because the President is nomi- britannien.
nated by the Powers, bhut appointed by the Samoan Governiient, and Dr. Solf26.Juli1899.
liad refused to accept any appointment from thlie Government of Tanu.
About tle middle of June a lawyer, engaged by the Mataafa party,
arrived in Apia, nominally for the object of assisting theiu to make out claims
for damages sustained during the recent disturbances. A number of Mataafa
Chiefs cainme to Apia to consult hirn, and several white men were present at
the conferences. Thoughl it is difficult to dispute the right of natives to seek
legal advice if they choose, these proceedings lad a most unfortunate result,
as they gave rise to au impression that thlie Mataafa faction was organizing
and consolidating itself, whereas thlie Commission were anxious to do away
with party distinctions. The Malietoa Chiefs became alarined, and Taiu, who
has wished to leave at once for Fiji on his way to Sidney, wrote to us
renouncing lis intention and saying that he intended to remain in Samoa till peace
should be assured. We were of opinion that thle presence of so many Chiefs
of both parties in Apia was dangerous. Efforts were made to remove the
Mataafa Chiefs from the town, and Tanu and the Malietoa Chiefs were ordered
to leave Mulinuu and retire to their private residences. Before their departure
a meeting was held on board the ,Badger," at which the principal men of tlie two
parties were reconeiled to one another by various Samoan ceremonies. Tanu
and Tamasese expressed their readiness to meet Mataafa and become recon-
ciled with him, aud we aecordingly invited him to come to Apia for this pur-
pose. But he sent back an arrogant answer and refused. |1 On the 22nd June
we left for the Island of Tutuila, whiere we visited Leone Bay and Pango
Pango, returning to Apia on the 26 th June. From this time until the 5 th
July we were chiefly occupied in discussing and drafting thlie recommendations
for the future government of the islands, which we have liad the honour to
submit to the three Treaty Powers. This occupation was somewhat disturbed
by confliets which occurred in villages of mixed population where the Malie-
toa men, returning from Mulinuu, were assaulted by the other party. One
of these outbreaks (at Safata) threatened to assume a serious charaeter, as
several men were killed, and wo thought it desirable to send both a German
and a British man-of-war to nip the trouble in the bud. Order was restored,
and the natives found in possession of arms were brouglit to Apia for trial.Il
On the 5th July we started on the steamner "Tutanckai," whichli the New Zea-
land Government had conrteously placed at our disposal, for a trip round
the Islands of Upolu and Savaii. Our object was partly to familiarize our-
selves with the local conditions of the various districts, and partly to disse-
minate among the natives accurate information as to our doings and intentions,
which were often misrepresented. Our tour lasted until the 12th July. On
the 14th July we held a large fono, or public assembly, at Mulinuu, at which
over 400 natives of both parties were present. We read to them a state-
62 Thtigkeit der Untersuchungskommission auf Samoa 1899.
Nr. 12ost. ment deseribing the system of native self-government which we proposed to
ioien. introduce, if approved by the Powers. It was accepted by the whole meeting
26.Juliis99.and the next day thirteen Chiefs from each side signed a formal deelaration
of acceptance. Tanu and Tamasese also affixed their signatures but Mataafa
declined to appear on the pretext of ill-health. He may be held to be bound
by the signatures of bis Chiefs, but his repeated refusal to meet the other
party and make peace inspires the gravest apprehensious for the future. We
addressed a letter to him reminding him that his further stay in Samoa
depended on the observance of the promises which he had made before re-
turning. 11 We had now finished the greater part of our task. We had put
an end to the state of war and restored relative, if not absolute, tranquillity
and order. We had also prepared the recommendations to be submitted to
the three Powers. But there was some difference of opinion as to whether we
ought to continue to administer the provisional government of the islands, at
least until the receipt of instructions, or the lecave at once. The American
Commissioner decided the matter by stating that for health and other private
reasons he could remain no longer, and we had therefore to consider what
form of government we should leave behind us. We were all of opinion
that it would have been desirable to appoint some one hcad for this provi-
sional Administration, but, as no qualified neutral candidate was forthcoming,
we were unable to find any expedient which would safeguard the interests of
the three Powers in Samoa except government by a Consular Board. This
system is by no means satisfactory, but we endeavoured to impart to it
greater strength, activity and coherency, firstly, by authorizing a majority of
the Consuls to decide in most eases, and, secondly, by providing for the
establishment of regular Government officees and a elerical staff. Dr. Solf was
continued in his appointment as President of the Municipal Council, and the
United States' Consul-General was appointed Aeting Chief Justice, in the
absence of Mr. Chambers, who departed on the leave on the 14th July. 1| The
Commission left Apia on the 18th July. C. N. E. Eliot.
Verhandlung zwischen Grofsbritannien und
Rufsland ber die Abgrenzung ihrer Eisenbahn-
interessen in China 189811899*).
Nr. 12084. GROSSBRITANNIEN. Der Botschafter in Peters-
burg an den Minister des Auswrtigen. Hat der
russischen Regierung die Bedingungen mitgeteilt,
unter denen England der chinesischen Regierung
eine Anleihe gewhren will.
St. Petersburgh, February 12, 1898. (Received February 16.)
(Extract.) 1| I communicated to Count Lamsdorff yesterday in the absence Nr. 12084.
of Count Mouravieff the conditions on which Her Majesty's Government agreed Gro's-
to make a loan to China, and Count Lamsdorff informed me of the conditionsl2.Feb.1698.
alleged by the Chinese Governmint to have been preferred. These conditions
did not differ froni those I had stated except that they included certain mining
and railway privileges in Pechili. jj Count Lamsdorff was not able to speak
officially but he did not seem to think that there was any serious obstacle
as far as Russia was concerned to the loan with the exception of the
elause relative to the opening of Talienwan. He hinted, however, that the
Russian Government would try to profit by the conclusion of the loan to
obtain the fulfilment of certain proinises made to them by China, but I could
not extract froni him their exact nature. Ile again repeated bis assurance
that the Russian Governinent would be quite willing, as soon as they had
come to an arrangement witli China, to open Talienwan to foreign trade and
that they had no idea of attempting to impose higher Tariffs at this port or
throughout the north of China than was authorized by existing Treaties
between China and Foreign Powers.
*) Blaubhch C. 9329. Red.
64 Verhandlung zwischen Grofbritannieu und Rufsland ber die Abgrenzung etc.
Nr. 12085. GROSSBRITANNIEN. Der Gesandte in Peking an
den Minister des Auswrtigen. Forderungen Rufs-
lands in Bezug auf die Bahn nrdlich von Tientsin.
Peking, March 18, 1898. (May 1.)
Nr. 120s5. (Extract.) I1 Having heard that M. Pavloff, the Russian Charg6 d'Affaires,
britannien. has again addressed the Yam.n on the subject of tle removal of Mr. Kinder
i8.Marzias98 from bis position as Superintendent of the railway lines north of Tien-tsin,
I had an interview with the YamAn, and asked them whether this was the
ease. j1 They replied in the affirmative, and said that the Russian Charg6 d'Affaires
had both written and spoken very strongly on this point, and had in a recent
despatch requested the removal of Mr. Kinder from the line of Tien-tsin to
Shan-hai-Knan, and his replacement by a Russian, and had also stated that
the line north of Shan-hai-Kuan should be constructed by Russian engineers
and with Russian eapital. || The Tsung-li Yamkn added that M. Pavloff was
very persistent, and used very strong language with regard to this question,
and was pressing very strongly for the removal of Mr. Kinder, but that they
had made no promises. |I At an interview I had with M. Pavloff yesterday
I mentioned that the Tsung li Yamtn had denied that they had ever given
him any promises with regard to the employment of Russian engineers or
Russian capital on the line north of Shan-hai-Kuan. 1M. Pavloff replied that
their statement was absolutely untrue, and added that at the interview which
he had with them last December he again brought up this question, and they
assented to the employment of Russian eapital and Russian engineers only on
the line from Shan-hai-Kuan towards the Russian frontier. The same day he
wrote a despatch to the Yamen, placing the above on record, and expressing
his satisfaction at their acquieseence. To this despatch he had received no
answer, and he therefore considered that the matter had been settled, and
had informed his Government in that sense. ]| I said I did not know what
policy Her Mlajesty's Government would take with regard to the line north
of Shan-hai-Kuan, but the removal of Mr. Kinder from lines which had been
constructed under his superintendence, and of which he was now in charge,
against the wishes of the Chinese Government and at the demand of Russia,
would, I was sure, be looked upon as a most unfriendly act by my Govern-
ment. 11 M. Pavloff said that there was no intention or desire on 'the part of
his Government to have Mr. Kinder removed from the lines he had constructed,
and of which he was now in charge. I said I was very glad to hear from
him in so formal a manner that his Government had no intention of asking
for the removal of Mr. Kinder, or of interfering with him in the position he
at present held. I1 M. Pavloff repeated his assurance.
Verhandlung zwischen Grosbritannien und Rufsland ber die Abgrenzung etc. 65
Nr. 12086. GROSSBRITANNIEN und CHINA. Prliminar-
Abkommen zwischen dem Hongkong- und Shanghai-
Bankkonsortium und der Generalverwaltung der
Eisenbahnen ber eine Anleihe.
This is a preliminary Agreement made between His Excellency IIu, Go- Nr. 12086.
vernor of Peking and Administrator-General of the Imperial Railways of North orors-
China within and without the Great Wall, hereinafter called the Administrator- china..
General, of the one part; and the HIong Kong and Shanghae Banking Corpo-
ration representing a British Syndicate hereinafter called the Syndicate, of
the other part. il 1. The Syndicate is hereby authorized by the Administrator-
General to make arrangements to float and issue, on behalf of the Railway
administration on the best terms obtainable on the market, a sterling loan for
the equivalent of abont (16,000,000 taels), for the construction of a railway-
line from Chung-hou-sou to Hsin Ming-tien, and a brauch line to Ying-tsou,
and for the redemption of existing loans to the Tien-tsin-Shan-hai-kuan and
Tien-tsin-Su-kou-chiao lines. || 2. The security for the loan shall be the per-
manent way, rolling-stock, and entire property, together with the freight and
earnings of the existing lines between Peking, Tien-tsin, Tang-ku and Chung-
hou-sou, and also of the proposed new lines between Peking, Tien-tsin, Tang-ku,
and Chung-hou-sou, and also of the proposed new lines when constructed, in
addition to the rights of mining coal and iron, which will be retained by the
Railway administration on each side of the proposed new lines, for a distance
to be determined. In the event of default or arrears in payment of interest
or repayments of principal, the said railway lines and mines shall be handed
over to representatives deputed by the Syndicate to manage them on their
behalf, until principal and interest of the loan are redeemed in full, when the
management will revert to the Railway Administration. | It will, however, be
provided that if such arrears are for a small sum, and it appears desirable
to the Syndicate to extend the due date of their payment for a term not
exceeding three months, it shall be open to the Syndicate to do so. |1 In the
event of any special circumstances arising necessitating the introdunction of
important changes by the management aforesaid, these changes shall be
effeeted in consultation with the Administrator General, and in the best
interests of the railway. In the case of war or famine, troops and grain will
be transported over the lines on terms to be arranged hereafter. || No further
loan, charge, or mortgage shall be charged on the security named above until
this loan is redeemed. || 3. During the currency of their loan, the principal
members of the railway staff shall be capable and experienced Europeans who
shall be, as at present, appointed by the Administrator-General of the Rail-
way, and may be, in the event of their misconduct or incompetency, dismissed,
after consultation with the Chief Engineer. If there are Chinese with sufficient
engineering or traffic experience, they may be appointed as well as Europeans.
Staatsarchiv LXIV. 5
66 Verhandlung zwischen Grofsbritannien und tufsland ber die Abgrenzung etc.
Nr. 120os6. Should it be necessary to appoint a new Chief Engineer, such appointment
britGonie shall be made in consultation with the Syndicate. || In addition to above, a
China. eapable and experienced European railway accountant shall be appointed to
inspect all the accounts of the railways. 11 All receipts and earnings of the
lines herein specified shall be paid into the credit of the Railway Administration
with the Hong Kong and Shanghae Banking Corporation, Tien tsin, together
with 50,000 taels annually payable under the Board of Revenue's arrangement,
approved by the Throne, by each of the Provinees of Shansi, Shensi, Honan,
and Annui for railway purposes for ten years. || All expenses of repairing and
maintaining lines will be paid from this account, the remainder of which shall
then be charged with the service of this loan.
4. The rate of interest, price, term of years, and other partieulars shall
be left to the Syndicate to arrange on the best termins possible on the market
when the moment appears favourable for floating the loan. Instalments of
proceeds will be arranged as far as possible to suit the progress of con-
struction and the requirements of the Administrator-General, interest being
calculated from the date of such payments. The Loan will be redeeniable by
aunual drawings to be scheduled in the final Agrecment. Besides the drawings
so scheduled, the Administrator-General may from tinie to time, on giving due
notification to the Syndieate, call for extra drawings to be held, bonds so
drawn being redeemed by the Railway Administration at 20 per cent. premium
on their par value. || 5. If it should be found that the Loan cannot be floated
without the introduction of some special attraction, the Administrator-General
shall memorialize the Throne, recommending that a Concession of mining rights
be granted to the Syndicate at a point or points on the lines, and on terms
to be arranged with the Syndicate on the basis of the mining Regulations
newly established by the Tsung-li YamAn. The requests of the Syndicate will
be confined to mines within a distance of 5 li of the railway. || 6. Tlhe date of
issue of this loan shall be left to the discretion of the Syndicate, to be fixed
in accordance with the state of the market, but should it be found impossible
to issue it before the Ist day of October next, the Syndicate will arranige to
advance to the Administrator-General on or about that date, an instalment of
about 2,000,000 taels on account of, and repayable out of the proceeds of the loan
when floated. The terins of this advance shall be left to the arrangement of
the Syndicate on the best ternis obtainable, interest not to excecd the rate
of 5 1/f per cect. per annum, and the Syndicate shall be authorized to issue
temporary bonds for the amount if required. 1| 7. For the satisfaction of the
investing public who arc unacquaintcd with China, a satisfactory report will
be requircd from District Engineer, Mr. J. Ginnell, as to the condition and
earning power of the old lines, and as to the route, prospects, and mineral
wealth of tihe new lines to be constructed, and Mr. Ginnell shall be instructed
by the Administrator-General to procced to London as soon as possible after
the signing of this prcliminary Agreement, to confer with the Syndicate on
Verhandlung zwischen Grofsbritannien und Rufsland ber die Abgrenzung etc. 67
these matters. | 8. The terms of this preliminary Agreement will, immediately Nr. 12o06.
after signature, be submitted by the Administrator-General to thie Throne for 0rotns-
sanction by Imperial Edict, which shall be officially commnnicated by the China.
Tsung-li Yamin to the British Minister in Peking. || 9. Three montlis from the
date of signature of this preliminary Agreement shall be allowed to the
Syndicate to accept or decline its terms. Upon their confirmation by the
Syndicate, this preliminary Agreement shall be replaced by a definitive
Agreement, providing for all details. |[ Signed at Peking, this 7th day of June,
1898, being the 19th day of the 4th moon of the 24th year of the Emperor
(Seal of Administrator-General of Railways within and without
the Shan-hai-kuan boundary.)
For the Hong Kong and Shanghae Banking Corporation,
(Signed) E. G. Hi lii er, Agent.
Nr. 12087. GROSSBRITANNIEN. Der Gesandte in Peking an
den Minister des Auswrtigen. Widerspruch Rufs-
lands gegen das Abkommen.
Peking, August 6, 1898. (August 6.)
(Telegraphic.) || Northern Extension Railway Loan. 11 I have recceived a Nr. 12087.
despatch from the Chinese Goveriment informing me that they ean allow no britannien.
European control and no mortgage of the line to be part of the loan Agree- 6'. Aug. Is8
ment, as such terms would be an infringement of an Agreement they have
already entered into witli M. Pavloff. This, according to the agent of the
Hongkong and Shanghae Bank here, makes it impossible for the Bank to float
the loan as a commercial enterprise. |1 The Emperor has, however, already
granted power of signing the definite loan Agreement to Hu Ytt-fn, the
Director-General of Northern Railways. j| I have an interview with the Yamen
this afternoon, at which I propose informing the Ministers that I have referred
the matter to your Lordship, and that meanwhile I do not assent to the terms
of their despatch.
Nr. 12088. GROSSBRITANNIEN. Der Minister des Auswr-
tigen an den Gesandten in Peking. Rufslands
Widerspruch ist ungerechtfertigt.
Foreign Office, August 8, 1898.
(Telegraphic.) |1 This afternoon 1 saw the Chinese Minister. 1 informed Nr. 1 088.
him that Russia had no right whatever to object to a iiiortgage loan being Gro -
made by the Hong Kong and Shanghae Bank to the Newchwang Railway, ands.Aug. iss.
that I strongly advised China to pay no regard to the Russian Government's
68 Verhandlung zwischen Grofsbritannien und Rufsland ber die Abgrenzung etc.
Nr. 12089. GROSSBRITANNIEN. Das auswrtige Amt an den
Botschafter in Petersburg. Besprechung mit dem
russischen Geschftstrger iiber die chinesische
Foreign Office, August 13, 1898.
Nr. 1208os9. (Telegraphic.) || Yesterday I had an interview with the Russian Charg6
tri nen. d'Affaires. I pointed out to hirn the very grave position into which the two
13.Aug.1898. Governments had been bronght by M. Pavloff's action in connection with the
Newchwang Railway. An undoubted breach of our Treaty rights with China
was involved therein, rights which Russia had promised to respect (see Sir
N. O'Conor's telegram of the 16th March). 1| M. Lessar said that the objection
of Russia was not to the construction of the railway, but only to the control
of it being secured to British officials by the terms of the contract with
China, and to the fact of its being mortgaged to a British bank. 51. Lessar
did not deny that what was contemplated constituted a breach of the Treaty
of Tien-tsin, but said that it was not a more serious breach than our arran-
gement in regard to the successors of Sir Robert Hart. He suggested, as far
as I understood him, that a satisfactory arrangement might be come to if
England, while refraining from insisting that the line should be mortgaged to
the Hong Koug and Shanghae Bank, consented to adequate security being
provided from other sources for the bank's advance, Russia to withdraw all
objection to the construction of the line, and to agree to abstain from taking
any share in obtaining or working concessions in the region of the Yang-tsze,
a similar arrangement being made by us in regard to Manchuria. I gave no
indication that such an arrangement would be regarded by us as a satisfactory
solution of the grave difficulties in which the two countries have been placed
by M. Pavloff's action.
Nr. 12090. GROSSBRITANNIEN. Das auswrtige Amt an den
Botschafter in Petersburg. Soll gegen das Auftreten
des russischen Gesandten in Peking protestieren.
Foreign Office, August 17, 1898.
Nr. 12090. (Telegraphic.) 1 I have to request you to call the attention of Count
Grof5- Mouravieff to M. Pavioff's action in connection with the Railway to Newchwang.
17.Aug.1898. lt should be pointed out to hirn that it is inconsistent with the Treaty rights
conceded by China to this conntry, and with the pledges of Russia that these
Treaty rights shall be respected. 11 Her Majesty's Government cannot possibly
acquiesce in an arrangement which leaves all China open to the railway enter-
prises of Russia while excluding England from her share in the railway enter-
prises of Manchuria. If persisted in, such a pretension must inevitably pro-
duce international difficulties of the most serious kind. A feeling of great
nxasperation lias already been aroused by it in this country.
Verhandlung zwischen Grofsbritaunien und Rufsland ber die Abgrenzung etc. 69
Nr. 12091. GROSSBRITANNIEN. Der Botschafter in Peters-
burg an das auswrtige Amt. Antwort auf das Vorige.
Unterredung mit Murawiew ber eine Verstndigung.
St. Petersburgh, August 18, 1898. (August 18.)
(Telegraphic.) || With reference to your telegram of yesterday: |1 I went to Nr. 12091.
see Count Mouravieff, and in the course of a long interview I spoke seriously britannien.
to bis Excellency in the exact sense of your telegram referred to above, and i .Aug.s98s.
pointed out that the enterprise which was being blocked by M. Pavloff's action
was of a purely commercial character. || Count Mouravieff, in reply, disclaimed
any intention or desire on the part of Russia to block British enterprise any-
where in China. IIe wished that conciliatory articles, inspired by a real con-
ception of Russia's action, miglit allay the public alarm in England which the
exaggerated reports in the press had aroused. As regarded this particular
line to Newchwang, which was so close to the Russian lease, and to the liiie
which formed the outlet of the Siberian railway, it had been the subject of
a special Agreement between Russia and China, and before the Hong Kong
Bank became interested in it, the Chinese Government undertook not to let
this particular line be mortgaged or fall under the control of foreigners, and
not to construct it except with their own money. By Chinese money, as was
subsequently explained to China, might be meant money borrowed on any
other guarantee excepting the control of or mortgage on the line in question.ij
When it was found that this engagement of the Yamen was being violated,
M. Pavloff was bound to remind them of it. || That this engagement infringes
our most favoured treatment rights Count Mouravieff denies, for by the term
foreigners, all non-Chinese, even Russians, are included, for Russia has no
wish or intention to obtain possession of the line, nor does she desire to raise
obstacles to, or compete with, British railway enterprise in other parts of
China above all, in those in our particular sphere of interest. 1| His Excel-
lency showed me a telegram which he had sent in this sense on the lOth
instant to M. Lessar for bis guidance when speaking on this subject to you.j
In conclusion, Count Mouravieff expressed a strong desire of the Emperor and
of Russia that an understanding might be come to satisfactory to the inter-
ests of both England and Russia.
Nr. 12092. GROSSBRITANNIEN. Das auswrtige Amt an den
Botschafter in Petersburg. Bemerkungen zu Mura-
Foreigu Office, August 19, 1898.
(Telegraphic.) || With reference to my telegram of the 17th instant, Rus- Nr. 2002.
sian Minister for Foreign Affairs seems to be in error in supposing that Grofs-
Russo-Chinese Agreement about Newchwang Railway preceded interest, which iq.A.ug.sos.
Hong Kong and Shanghae Bank takes in it. The offer by Chinese Director-
70 Verhandlung zwischen Grofsbritannien und Riifsland ber die Abgrenzung etc.
Nr. 21092. General to latter was made before the 25th April, and the consequent nego-
brofn- tiations were in progress before M. Pavloff signed his Agreement with the
19.Ang.i8s8. Tsung-li Yamin. || Am I riglt in understanding Count Mouravieff to suggest
as a way out of the present difficulty: || 1. That the building of the New-
chwang Railway should be proceeded with, and, if need be, by means of a
loan from the Hong Kong and Shanghae Bank; but that the line should be
Chinese under Chinese control, and should not be mortgaged to any Company
of non-Chinese nationality? | 2. That Russia should engage not to take part
in or to press for railway Concessions in the Yang-tsze basin, nor to throw
obstacles in the way of such Concessions being obtained by England, England
entering as regards Manchuria into a corresponding agreement? |1 If so, I think
perhaps this might be made the basis of a settlement.
Nr. 12093. GROSSBRITANNIEN. Der Botschafter in Peters-
burg an das auswrtige Amt. Stand der Verstn-
St. Petersburgh, August 27, 1898. (August 27.)
Nr. 12093. (Telegraphic.) || I May find difficulty in communicating confidentially with
Grofs- Count Mouravieff on the subject of your telegram of yesterday, as both he
27.Ang.V s.and Count Lamsdorff have accompanied the Emperor to Moscow, and will be
away five days. 1| After my last interview with his Excellency on the 24th, the
position was as follows:- || I was better, he thought, to leave M. Lessar's
personal suggestion as a germ capable of being developed, and not to make
any definite suggestion for the present. || In the absence of further instructions,
I refrained from putting forward the suggestion contained in your telegram
of the 19th instant, as I was donbtful as to whether it would prove to be
entirely acceptable unless control by default and mining concessions in Man-
churia were expressly excluded by it. || Is it your desire that 1 should, without
waiting furtlier, make the suggestion in your abovc-mentioned telegram? ||
It is possible that I. de Staal may have instructions; he has just left for
Nr. 12094. GROSSBRITANNIEN. Der Botschafter in Peters-
burg an das auswrtige Amt. Vorschlag Murawiews.
St. Petersburgb, September 2, 1898. (September 2.)
Nr. 120,4. (Telegraphic.) |1 I saw Count Monravieff yesterday evening. HIe informed
(iri,:ni me tlat the Emperor lad expressed lis entire approval of Count Mouravieff's
2. Sept. Ms. suggestion, that an engagement between our Governments might satisfactorily
settle the difficulty. Such an engagement to be- || 1. That the Newchiwang
line should be built, and, if necessary, by means of a loan from the Hong
Kong and Slianghae Bank, but that the line should be a Chinese one, under
Verhandlung zwischen Grofsbritannien und BRusland biilr die Abgrenzung etc. 71
Chinese control, and not to be mortgaged to a non-Chinese Company. || Nr. 120o4.
2. Russia would bind herself not to press for, or take part in any Railway itroann.
Concessions in the basin of the Yang-tzse, provided that England undertakes2.sept.189s.
the same engagement in regard to Manchuria. 11 I informed Count Mouravieff
that I undertook to transmit this suggestion to Her Majesty's Government for
Nr. 12095. GROSSBRITANNIEN. Derselbe an Dasselbe.
St. Petersburgh, September 2, 1898. (September 2.)
(Telegraphic.) || My telegram of to-day. | Thle words "and not to throw Nr. 12095.
obstacles in the way of Great Britain obtaining tbe same" do not appear in Grofs-
the suggestion which Count Mouravieff was authorized to make as a basis of2.sept.1898.
settlement; his Excellency's idea being that IIis Imperial Majesty miglt take
very natural exception to this phrase, which could possibly be misunderstood,
and held to imply the power or intention of either of the two Governments
to throw obstacles in the way of the other in its recognized sphere of inter-
est, and in general to imply a want of confidence in the sincerity of the
engagement. || If, in our opinion, a stronger form of engagement were con-
sidered necessary, one miglit be suggested by us couched in terms differing
slightly from these. || Count Mouravieff went on to say, that in the event of
this suggestion being accepted as a basis of settlement, be cousidered tbat,
before coneluding the engagement it would be necessary to know what are
exactly the limits of the district described as the basin of the Yang-tsze, and
also to find out how far private banks and private enterprise would be bound
by the engagement.
Nr. 12096. GROSSBRITANNIEN. -. Das auswrtige Amt an den
Botschafter in Petersburg. Zusatz zum Vorschlage
Foreign Office, September 2, 1898. (September 2.)
(Telegraphic.) || With reference to your telegram of the 2nd instant, Couut Nr. 120,0.
Mlouravieff's proposals would, I think, be satisfactory, provided the words "or Grokr-
to throw obstacles in the way of Great Britain obtaining them" were added b. sept.1s8s.
after tle word "Yang-tsze" in clause 2. || Of course, there is no objection to
the loan from the Hong Kong and Sbanghae Bank being secured on the line
west of the Great Wall already in existence.
72 Verhandlung zvischen Grofsbritaniien und niifsland ber die Abgrenzung etc.
Nr. 12097. GROSSBRITANNIEN. Der Botschafter in Peters-
burg an das auswrtige Amt. Murawiew ist ein-
St. Petersburgh, September 3, 1898. (September 3.)
Nr. 12097. (Telcgraphic.) |1 Count Mouravieff expressed to me bis gratitude for the
britannien. friendly disposition shown to his proposal by you in your telegram of
3.Sept. I9s.yesterday. | With reference to the words which you would desire to add at
the end of the second clause, Count Mouravieff is ready to accept the engage-
ment which they convey as being implied in the previous wording of the
clause, and as necessarily following from it. His Excellency, however, for the
reasons submitted by me in my telegram of yesterday, would wish that, in
any written Agreement that may be drawn up, the engagement should be
recorded in a more friendly from. || He told me that before expressing an
opinion on the question of a security for the Bank on a portion of the line
now existing, west of the Great Wall, he would have to refer to the Ministry
Nr. 12098. GROSSBRITANNIEN. Der Gesandte in Peking an
den Minister des Auswrtigen. Konkurrenz der
Russisch-Chinesischen Bank in der Nordbahnfrage.
Peking, September 5, 1898. (September 5.)
Nr. 12098. (Telegraphic.) 1| The London Syndicate for the Northern Extension Railway
britannien. Loan have telegraphed to the Agent of the Hong Kong and Shanghae Bank
5. Sept. 1898. here that an Anglo-Russian Agreement provides that the railway cannot be
given as security, nor can it be mortgaged. The telegram further lays down
certain financial terms which the bank agent is authorised to offer. |l The
Russo-Chinese Bank are offering terms making competition impossible for any
bank which is not supported by its Government. || If the above-mentioned
Agreement exists, does it contain a proviso that the Russo-Chinese Bank shall
withdraw from competition?
Nr. 12099. GROSSBRITANNIEN. Der Botschafter in Peters-
burg an den Minister des Auswrtigen. Unterredung
mit Murawiew ber das Vorige.
St. Petersburg, September 7, 1898. (September 7.)
Nr. 12099. (Telegraphic.) ]| Ilaving had occasion to see Count Mouravieff subsequently
britannien. to the receipt of Sir C. MacDonald's telegram of the 5th instant, I called bis
7. Seit. s18e. Excellency's attention to the reported attitude of the Russo-Chinese Bank,
and to the danger of its prejudieing the practical value of the suggested
Agreement between our two Governments, as a settlement, satisfactory to the
interests of both countries, was to be the main object of that Agreement. |1
Verhandlung zwischen Grofslritannien und Rufsland bher die Abgrenzung etc. 73
This danger was qnite apparent to Count Monravieff; he promised to ascertain Nr. 120o9.
the real relations of the Russo-Chinese Bank to the Newchwang line and loan orans-
by immediate inquiries at the Ministry of Finance, for his impression lad7.Sept.89s8.
always been that the bank did not desire an interest in eitler. IIis Excel-
lency said, further, that he would inform me of the result of his inquiries
after he had sent in his report to the Emperor, and he also confirmed the
view which I had the honour of expressing to your Lordship yesterday in my
telegram, to the effect that Russian banks as well as English ones wonld be
debarred from obtaining a mortgage on, or a control over, the railway line
in question when once the Agreement was completed.
Nr. 12100. GROSSBRITANNIEN. -Derselbe an Denselben. Mnra-
wiew und Witte sind fr ein englisch-russisches
St. Petersburgh, September 10, 1898. (September 10.)
(Telegraphie.) || Tle following confidential communication was made to me Nr. i0oo.
to-day by Count Mouravieff. 11 He had conferred with the Acting Minister of
Finance, and bad been satisfied by him that there was no intention on tlhe o.sel.t.iss.
part of the Russo-Clinese Bank to compete for a loan for the Newchwang
line. His Excellency had, moreover, found himr disposed to regard with favour
the following proposal, which he requested me to consider confidential until
it liad received the Emperor's approval. || That what he has suggested to nime
in bis conversations as the basis should be embodied in an Agreement in
writing, by which the two Governments should be bound. That as information
of an accurate nature respecting all the projects and engagements of the
Hong Kong and Russo-Clinese Banks could not be obtained in either London
or St. Petersburg]h, our respective Representatives in China should receive
instructions to bring about a friendly communication between the two banks,
and to use their best endeavours to reconcile their interests, and to obtain
their confirmity with the Agreement between our two countries. || Count
Mouravieff said he would promise me beforehand that instructions should be
sent to 3M. Pavloff to do so with every regard for the Treaty rights and
interests of Great Britain.
Nr. 12101. GROSSBRITANNIEN. Der Botschafter in Peters-
burg an den Minister des Auswrtigen. Der Zar
billigt den Abschlufs eines Abkommens.
St. Petersburgh, September 19, 1898. (September 19.)
(Telegraphic.) |i I have the honour to report, with reference to the tele- Nr. 12101.
gram I addressed to your Lordship on the 16th instant, that His Imperial Grofs-
Majesty has signified bis approval of the suggestion made by Count Moura- 9.sept.isvs.
74 Verhandlung zwischen Grofsbritannien und RuiSland ber die Abgrenzung etc.
Nr. 12101. vieff to the effect that the proposed basis of settlement should be embodied
briofn. in an Agreement in writing between the British and Russian Governments,
10.Sept.isge.and that the Representatives of tlie two Countries at Peking should receive
instructions to seek to reconcile the interests of the Russo-Chinese and Hong
Kong and Shanghae Banks in compliance with it; also that no objection will
be offered by the Imperial Government to the existing portion of the line-
to the west of the Great Wall-being the security for the loan. 11 The next
messenger to the Emperor leaves on the 21st, and CGount Lamsdorff woild
wish, if possible, to send by him to His Imperial Majesty a draft Agreement
of soine sort, which could also be submitted for approval or correction to
your Lordship. || Ilave I your Lordship's authority to join Count Lamsdorff in
drawing up this draft of Agreement, and, in tlihat case, could the exact deli-
mitation of the Yang-tsze district, and of Manchuria stand over for exami-
nation at a subsequent date?
Nr. 12102. GROSSBRITANNIEN. Der Botschafter in Peters-
burg an das russische auswrtige Amt.
Nr. 12102. Ou the 6th (18th) August, by direction of Mr. Balfour, I called Count
Grofs- Mouravieff's serious attention to the action taken by M. Pavloff in strenously
o9.sept.Is. opposing at Peking tle completion of a Contract entered into with the Chinese
Railway Department by the Shanghae and Ilong Kong Bank for a loan for
the construction of a railway from Shanliaikuan to Newchwang. 1| I pointed
out to his Excellency that this was a purely commercial private enterprise
strictly in accordance with the rights secured by Treaty with China to Bri-
tish subjects, and that BM. Pavloff's opposition to its completion seemed in-
consistent with the promises given by tlie Russian Government to respect
those rights. 1| I was desired to add that it was impossible for Hier Majesty's
Government to acquiesee in any arrangement which, while leaving all China
open to Russian railway enterprise, would exelnde England from her sbare
in the railway enterprises of Manchuria, and that any such pretension wonld,
if persisted in, inevitably lead to very serious international difficulties. | Gouunt
Mouravieff, in reply, diselaimed any such pretension on the part of the Russian
Goverument, which was prepared to respect all Treaty engagements taken by
China withl foreign Governments, and said tliat tle nature of M. Pavloff's
action liad evidently been gravely misunderstood in England. |1 IHis Excellency
drew a distinction between railway enterprise in the north of China and in
the provinces south of Peking; thie interests of Russia were, Ihe explained,
mainly political, and confined to the north of Peking, whilc those of England
were understood to be mainly commercial in the centre and south of China,
and especially in the basin of the Yang-tsze. The Russian Government were
prepared to recognize and respect those interests, and lad no desire or in-
tention to liinder or compete with our railway enterprise in those districts. [l
Verhandlung zwischen Grofsbritannien und Rufsland ber die Abgrenzung etc. 75
As regards the projected railway from Shanhaikuan to Newchwang, he said Nr. 12102.
that this particular line lad formed the subject of a special Agreement Cro"r-
between the Russian and Chinese Governments, concluded before the Russian i9.se1t.is9~.
Government had any idea of an interest being taken in this line by the Bri-
tish Bank. According to this arrangement, China lad engaged tliat this line
should be constructed with her own money, and that as a necessary con-
sequence it should remain a Chinese line under Chinese control, and not be
mortgaged to any non-Chinese Company. When MI. 1'avloff found that this
engagement was being violated by the terms of the Contraet negotiated with
the Hong Kong Bank, he was bound to forcibly remind tle Chinese Govern-
ment of their prior engagement with Russia. |j The outcome of several verbal
communications with Count Mouravieff on this question was that his Excellency
authorised me to suggest to Her MIajesty's Goverament as a possible base for
a satisfactory settlement of this difficulty for which both our Governments
were equally desirous-
1. An engagement between our Governments that the Shanhaikuan-
Newchwang line should be built, and, if necessary, by means of a loan ob-
tained from the Hong Kong Bank, provided that it is to be a Chinese line,
under Chinese control, and that is it not to be mortgaged to any non-Chinese
Company. |1 2. That Russia would engage not to press for obtaining or to
take part in working railway Concessions in the basin of the Yang-tsze, if
England would undertake a similar engagement as regards Manchuria. |[ To
this suggestion I was enabled to reply that, if Count Mouravieff would con-
sent to add the words "nor to throw obstacles in the way of England ob-
taining such Concessions" after the words "basins of the Yang-tsze," Mr. Bal-
four thought that bis Excellency's suggestion miglit form a possible base for
a satisfactory solution. || Count Mouravieff seemed to regard this addition in
the particular wording suggested liable to misinterpretation, and unnecessary,
as the friendly nature of the proposed Agreement naturally implied that
neither Governmnent would throw impediments in the way of the other ob-
taining the Concessions which it has agreed no to acquire for its own ac-
count. RI He was, however, prepared, if we thought it necessary, to accept the
engagement in principle, in another wording more in accordance with this
friendly understanding. 11 As it appeared advisablc before proceeding further
in this matter to ascertain how far our two Governments had tle necessary
legal powers to impose the obligations of such an engagement between them
on the private enterprise of their subjects, and also what were the precise
geographical limits of the terms Yang-tsze Basin and Manchuria, we agreed
to make the necessary inquiries; and Count Mouravieff subsequently informed
me that, with regard to the first point, the possibility of bringing the Russian
and British Banks into conformity witli the proposed Agreement, he was
taking the Emperor's pleasure with regard to a further suggestion of wbich
he gave me in confidence the leading idea. [l I understand that your Excellency
76 Verhiandlung zwischen Grofsbritannien undl Rufsland ber die Abgrenzung etc.
Nr. 12 o. is now in a position to communicate to me His Imperial Majesty's decision
Grofs- in regard to this further suggestion, and I Lave ascertained that, as far as
i9.sert.isgs.Lord Salisbury is able to judge of it from Count Mouravieff's confidential
communication to me, he considers it an acceptable one, although he is natu-
rally unable to say whether le could approve of the proposed Agreement
until he sees a draft of it in writing.
St. Petersburgh, September 7 (19), 1898.
Nr. 12103. GROSSBRITANNIEN und RUSSLAND. Vertragsent-
wurf ber die chinesischen Eisenbahnkonzessionen,
Nr. 1210os. Animated by a sineere desire to arrive at a friendly settlement of all
ro.fs- questions raised between them in connection with the proposed construction
Rufsiand. of a line of railway between Shanhaikuan and Newchwang, the two Govern-
21.sept.189s. ments have agrecd as follows:- ]| 1. That the line Shanhaikuan-Newchwang
shall be built, and, if necessary, by means of a loan from the Shanghae and
Hong Kong Bank, but that the line in question is to remain a Chinese line,
under Chinese control, and not to be mortgaged to any non-Chinese Com-
pany. 1 2. The two Governments have also agreed with regard to the general
question of railway Concessions in China. || (a) That the Russian Government
engages not to seek to obtain for its own account or for Russian subjects
auy Concessions or shares in Concessions for railways in the region of the
Yang-tsze nor to offer any direct or indirect opposition to applications sup-
ported by the British Government for such Concessions. | (b) The British
Government engages not to seek to obtain for itself or for British subjects
Concessions or shares in Concessions for railways in Manchuria, nor to oppose
directly or indirectly applications supported by the Imperial Government for
such Concessions. I| It is further agreed between the two Governments that
no preferential railway rates or differential treatment are to be established on
lines in the aforesaid regions for which they may obtain Concessions. || The
definition of the geographical limits of the two regions as understood in this
Agreement, to be fixed on further examination by a later Agreement. || Agree-
ment to communicate this Agreement when concluded between the Govern-
ment to their Representatives at Peking, and to instruct them to bring the
British and Russian Banks or Syndicates interested in these Concessions into
communication, and to use their best efforts in inducing them to reconcile
their interests and entreprises in strict conformity with the Agreement between
the two Governments.
St. Petersburgb, September 9 (21), 1898.
Verhandlung zwischen Grobritannien und Rufsland ber die Abgrenzung etc. 77
Nr. 12104. CHINA. Offizielle Beschreibung der Eisenbahnen
Nordehinas, die zur Garantie der brit.-chinesischen
Anleihe dienen sollen.
Imperial Railways of North China.
London, October 8, 1898.
Gentlemen, ]1 In pursuance of instructions from the Imperial Chinese Nr. 12104.
Railway Administration through their Enginecr-in-chief, Mr. C. W. Kinder, g China.
I have made prelihinary surveys and investigations for the proposed extension
railways in Southern Manehuria, and have also looked into the construction and
working and the traffic prospeets generally of the railways now in operation,
in order to convey viv voce to yonr Board official engineering information
as to the valne of the property to be offered as security for the loan under
consideration, and I have now the hononr to submnit the following statemeut
for your guidance:- Il The railways to be mortgaged to you for the loan
are all of standard Euglish gauge, and consist of the following sections, as
shown upon the accompanying diagram-
Peking to Tien-tsin-A double track line laid with 85-1b.
steel rails, and ineluding a short spur to the west from
the Peking Junction in commencement of the Hankow
system . . . . . 833/4
Tien-tsin to Tang Ku-A single track line laid with
70-1b. rails . . . . 27
Tang Ku to Shan-hai-Kuan-A single track line laid with
60- 1b. rails . . 1463/,
Total length of lines to be mortaged . . 257'/1
There is a further section of 40 miles in operation outside the Great
Wall (Shan-hai-Kuau to Chung-hou-so), the earnings of which, together with
those of the 258 miles of extensions proposed to be built out of the proeeeds
of this loan, are to be pledged as additional security. | The value of the lines
to be mortgaged may be gathered from the following details:-
Permanent Way. ,
The permanent way is substantially laid, and is maintained under a staff
of British engineers and superintendents. || The country through which the lines
pass is generally an alluvial plain, consequently the grades are very moderate
and the prineipal curves good, the waterways forming the chief items of en-
gineering diffieulty and expense.
The double track bridges from Peking to Tien-tsin make an aggregate
length of 7,140 feet, and consist of steel girders resting on masonry or con-
crete piers and abutments sunk by compressed air to a proper foundation. i
The single track bridges aggregate 17,147 feet of similar construction, with
the exception of 800 feet of steel girders on timber piers, and this is about
being brought into substautial conformity with the remainder of the line. || The
78 Verhandlung zwischen Grobritannien und Rufsland ber die Abgrenzung etc.
xr. i2io0. largest viaduct is that over the deep gorge of the Lan Ho, and is 2,200 feet
China. face to face.
8. Okt. 1898.
Station, Shops, c&c.
There is a fine station building almost completed at the Peking terminus,
and an elaborately designed station yard capable of accommodating a large
passenger and goods traffic. From the terminus to Peking city a heavy rail
tramway has been laid, and is being equipped for electrical working. |1 At
Fengtai, 5 miles south of the terminus, is the junction with the Hankow
system, which is destined in the process of railway development to become a
very important centre, and is a fixed point on this western route owing to
its proximity to the heavy viaduct across the Hun Ho at Lu Kia Chiao city,
from whence the line as far as Pao Ting Fu is being constructed departmen-
tally. At this junction extensive provision has been made for handling heavy
traffic, and sheds, stores, shops, &c., have been erected of a substantial and
commodious character. || The other stations, station accommodation, water
supply, turn-tables, shops, sheds, stores, &c., are generally in keeping with
the charaeter of the character of the line and suited to the requirements of
traffic and of efficient working. || The sidings on the line to be mortgaged
make an additional aggregate length of 301/' miles.
The wharves at Tien-tsin have a river frontage of 600 feet.
an area of . . 180 acres.
Hsin Ho a river frontage of 2,750 feet.
an area of . . 150 acres.
T'ang Ku a water frontage of 3,300 feet.
a timber wharf of 720 ,
an area of . . 83 acres.
.. sidings of . 51/, miles.
T'ang-Ku, on the Pei Ho, a few miles up stream frm the Ta Ku forts,
is the port of Peking and of the contiguous districts of North China. There
is a large and growing export and import trade, as may be gathered from
the Customs Reports, and, owing to the silting up of the Pei Ho (Tien-tsin
River), steamers, instcad of goiug up to Tien-tsin, discharge at T'ang-Ku, and
a large and increasing percentago of this cargo goes up to Tien-tsin by rail
and a dccreasing quautity by boat. The valuc of the property at T'ang-Ku
is now estimatcd at fully 500,000 taels, although the original cost was tri-
fling. U At T'angshan arc situate the principal workshops, wliere there are
2,000 men einployed in carriage and waggon building and general repairs to
rolling-stock, tlie outpout from which last year was 400 vehicles of various
denominations. |I At T'angshan and vicinity are situate the Kaiping Coal Com-
pany's mines, which form an important sourcc of traffic. The mines are
working as a Chinese concern exclusively, and employ about 6,000 men with
an outpout of 2,500 tons per day. || At Shan-hai-Kuan are situate the shops
Verhandlung zwischen Grofbritannien und Rufsland ber die Abgrenzung etc. 79
for girder building in full working order, where appliances and hands are Nr. 12104.
employed capable of turning out about 6,000 tons of girder work per annum. .. Okt. 1898.
The value of tle principal workshops, including machinery, stores, and spare
parts, is estimated by Mr. Kinder as under:-
Fengtai-Repair shops for rolling stock . value 60,000
Tangshan-For construction and repairs . ,, 400,000
Shan-hai-Kuan--For girder building . ,, 200,000
Total value ,, 660,000
The rolling stock is bnuilt somewvhat after the best American types, and
designed by the Engineer-in-chief with a boldness of conception unhampered
by the settled conservatism of the home railways. Particularly in the freight
trains is the contrast so remarkable between the North China trains of 40
to 50 30-ton cars, and the freiglt trains on the home lines of a fifth or
sixth of this capacity. || The leavy freight and 'passenger locomotives num-
ber 34, and the tiglter types for auxiliary work 22. |1 Tle vehieles of all
denominations unmber 1,545. ]| The passenger cars consist of two classes, with
the exception of mail trains (Peking-Tien-tsin), on which there is extra first-
class accommodation provided aboard the postal cars. I| The passenger coaches
are built on the American principle, having through passage and end platt-
forms. They are 60 feet long, carried on bogies, the second class accommo-,
dating 90 passengers each. || In the freight stock the 30-ton capacity long-
frame bogey cars are a special feature, and are availed of to the utmost.||
Westinghouse air-brakes are on all express trains, and hand-brakes on the
Imperial State Car.
It may be mentioned incidentally, as a sample of Tiangshan work, that
the principal Imperial State car is 75 fect long, 10 feet wide, and 15 feet
high froni rails, carried on two bogies, each resting on six 42-inch wheels,
electric light from axle, Stone's patent steam-licating, Westinghouse air brakes,
and the general design, workmianship, and finish are of the highest order. |
The locomotive engineers, inspectors, and passenger drivers are British, as
are also the traftic manager and principal conductors. |1 Tlie Secretarial De-
partment, Directorate, and such accountancy as exists are exclusively Chinese.
The privilege of appointing an English accountant of your choice, and to be,
in effect, under your control, is to be made a condition of your Agreement,
and this fact, in itself, enabling you, as it will, to publisli certified periodical
traffic Returns, should be regarded with satisfaction, and 1 may add that it
is indicative of the bon fide action, spirit of liberality, anil business-like capacities
which characterize the present heads of the Imperial Railway Department.
80 Verhandlung zwischen Grofsbritannien und REIfsland ber die Abgrenzung etc.
Nr. o12104 Capital Cost of Line.
8. Okt. I s. The capital cost of the existing railway property, including the 40 miles
outside the Great Wall, is put down by Mr. Kinder at 16,000,000 taels.l[
Owing to the Chinese method of book-keeping this amount cannot be sub-
divided or appertioned. || At present the Engineer-in-chief requires a conside-
rable sum for renewals and repairs, and to develop still further the efficiency
of the line, but it is well, at the same time to point out the enormously
enhanced value of the wharf and land property.
The new extensions proposed to be built out of the proceeds of this
loan extend from Chung-hou-so to Ying Kau, with branch to Sin-min-ting,
and make a total length of 258 miles in all, of which you are to have an
unalienable interest collateral with the mortage. 11 For 90 miles of these ex-
tensions beyond Chung-hou-so the line has been partially constructed; and
the earthworks and bridges, partieularly for a length of 70 miles to Kinchou
city, are in a forward state. The remainder of the extensions to Ying-Kau
and Sin-min-ting, which are untouched, save in respect of my preliminary
surveys, traverse principally an alluvial plain, and although involving heavy
waterways and flood openings, offer no very serious engineering difficulties.
The plain is exclusively agricultural, and is thickly peopled with a settled
and prosperous peasantry. The soil is rich, free to work, and very pro-
ductive. No actual figures can be given as to the rural population or area
under cultivation. The country is thickly studded over with large villages
and marked towns, and is plentifully intersected by highways, and for the
greater part of the route few countries outside China can compare with it in
the extent to which its available surface is tilled. || Sin-min-ting, the northern
objective point, is a large native settlement, and the centre of a very ex-
tensive grain trade, principally supplied from the western watershed of the
Liao-ho. il The eart traffic through all these districts is very heavy, and there
can be no doubt that in a country yielding such a volume of road traffie,
a railway offering the faeilities of a speedier and cheaper transit will, as on
the lines in operation, be availed of to the utmost.
The railway accounts being in the hands of Chinese officeials, and kept
according to Chinese ideas, it is impossible to obtain figures to establish a
definite traffic Return of the usual kind, and even if any figures were obtai-
nable it would obviously be more satisfactory to rely upon personal obser-
vation and the experience of those who have been connected with the rail-
ways from their commencement, and who have watched, during their career,
the development of every phase of their existence. || In addition to actual
knowledge of the heavy traffic carried over the line, I lave the statement
Verhandlung zwischen Grofsbritannien und Rufsland ber die Abgrenzung etc. 81
of Mr. Kinder, who, as the founder of the railways, and under whose gui- Nr. 12104.
dance and initiative the lines have been built and worked, and than whom8. OktChina.
no European knows more about the railway and other commercial resources
of North China. || Mr. Kinder states that for the lines in operation, including
the 40 miles outside Wall, "the annual receipts will average 2,000,000 taels,
and the working expenses, 1,200,000 taels." 1| This, at the present rate of ex-
change, means, in round figures:-
Annual receipts . . . 2,000,000 = 266,666
Working expenses . . . 1,200,000 = 160,000
Balance-Net receipts . 800,000 = 106,666
This balance would yield a elear 51/, per cent. on a loan of 2,000,000 1.,
and it may be remarked that this result is obtained notwithstanding the
fact that the line stops short 40 miles outside the Great Wall at a merely
insignificant place en route for the objective points of Ying Kau and the
centres of grain trade in the Nortli--so that as at present working at least
100 miles of the line cannot be said to be earniug anything like what it
should command if its objective points had been reached. || A knowledge of
the volume of passenger and goods traffic carried over the lines is quite
sufficient to convince any one accustomed to the working of railways that
with proper management the foregoing is a moderate estimate of the earning
power of the line. || The port of T'ang Ku with the very important distribu-
ting centres of Tien-tsin and Peking-the coal mines of T'angshan, the mili-
tary forts and encampments at Taku and Lutai; the rising watering place
aud sanitorium for foreign settlers at Pei-tai-ho so extensively patronised,
together with the facts of the people being everywhere anxious to avail
themselves of the facilities of transit afforded them, the vast population
to be served, and the general recources of the country to be dealt
with, offer on the whole the best possible guarantee for the remunera-
tiveness of judicious expenditure on railway accommodation. 11 It may be of
interest to remark that the elimate of Maneburia is thoroughly healthy-our
nearest home parallel being Canada: a rainless winter, cold but delightfully
dry, bright and brisk; very little snow-the spring and fall of the year being
exceptionally temperate, and only a short period of summer forming the
rainy season in which the heat is at all oppressive. 1| With regard to the
prospects of traffic on the extensions (in which your Board is to have a
collateral interest), it may be said that they are at least quite as good as
on the lines in operation. || The country north-east of the city of Kin-chou,
forming the lower watershed of the Ta-ling Ho and Liao Ho, is an immense
fertile plain all under cultivation, and producing largely in excess of its local
requirements. jj The trend of trade in this extensive agricultural district
bounded on the north by the waters of the Liao Ho is all towards Ying Kau
and inside Wall. || In addition to the ordinary sources of railway traffic in
Staatsarchiv LXIV. 6
82 Verhandlung zwischen Grofsbritannien und tulsland ber die Abgrenzung etc.
Nr. 12104. the country, there is in prospect the development of a very large coal traffic
China. froim the Nau Piao Coal Mines, situate some 30 miles north-west of our ex-
tension line from Kiao-chan. It is intended to connect these with our line
by a branch, later on, and to work them as a separate undertaking; but as
you are at preseut only interested in these to the extent of their value as a
source of railway traffic, it will suffice to quote Mr. Kinder on these and ex-
tension traffic generally where he says:- il "I am confident that the opening
up of the (Nan Piao) mines and others near to will have a splended future,
as the demand for this fuel is rapidly increasing all along the China coast,
while a large native consumption is assured when a cheaper means of trans-
port will be provided by the railway. Sin-min-ting it the centre of an im-
portant grain trade, most of which will go west by rail or to Ying Kau for
shipment to Japan and the China coast. I have, therefore, no doubt at all
that these (extension) lines can, when once in full working order, say, two
years after opening for traffic, pay 4 per cent. interest on the outlay in-
curred." || I may remark that the earning power of these extensions is esti-
mated by Mr. Kinder with a large margin of reserve or high factor of safety,
so very commendable in dealing with a railway in its infancy in a new
country and constituting a new enterprize, in spite of all the evidence that
exists to warrant the presumption of a more liberal return. ]| The produce
and reqnirements of this country to the south and west of the Liao Ho form
an important factor in the trade of Ying Kau, and when the coal of Nan-
Piao (which there is nothing in North China to equal in quality and in
facility of access) will be secured, a very large trade may be antieipated. [| In
view of the extensive requirements of traffic to the sea-port, a very fine site
of 1,000 aeres with deep water frontage for wharves, &c., has been obtained
on the western bank of the Liao Ho at Ying Kau. i| I may add, in conclu-
sion, a rsume of the points affecting the security for the loan: Tlhe security
to be offered for the loau now under negotiation is- |1 1. A mortgage of
2571/2 miles of railway (plus the earnings of a further 40 miles) all in
operation, and including rolling-stock and all appurtenances belonging to a
railway system in a sound and thriving condition, and with an estimated
earning power more than sufficient to pay interest on the loan. The capital
sterling cost of this part of the security alone is considerably in excess of
the amount of the loan required. l) 2. The loan now sought is to be applied
to the building of 258 miles of new extensions, and to the improvement of
portions of the existing line, additional workshops and wharfage, accommo-
dation, &c., and the profits arising from all this expenditurc-the distribution
of which is seceured under British control and management-are estimated to
amount to at least another 4 per cent., forming on the whole an aggregate
security of over 9 per cent. on the amount of your loan, accruing from a
property upon which over 4,000,000 1. will have been expended. i\ 3. To the
foregoing is to be added an Imperial guarantee for thlie payment of interest and
Verhandlung zwischen Grobritannien und Rufsland ber die Abgrenzung etc. 83
repayment of principal. 1j Should you want information upon any other phase Nr. 12104.
of the subject, I shall be most happy to supply it before my return to China. s. China.
James Ginnell, District Engineer, Imperial Chinese Railways.
To the Chairman and Directors, British and Chinese Corporation, Limi-
ded, 3, Lombard Street, London, E.C.
Nr. 12105. GROSSBRITANNIEN und CHINA, Vertrag zwischen
dein Hongkong- und Shanghai-Bankkonsortium und
der Verwaltung der Eisenbahnen Nordchinas.
10. Oktober 1898.
This Agreement is made betweon his Excellcncy Hit, Governor of Peking, Nr. 12105.
as Administrator-General of the Railways of North China within and without britanniens
Shan-hai-Kuan, acting under the authority of the Imperial Chinese Government, China.
hereinafter called the "Administrator-General," of the one part, and the Hong l0. Okt. l''8.
Kong and Shanghae Banking Corporation, for themselves and on behalf of the
British firm of Jardine, Matheson, and Co., representing as joint agents the
British and Chinese Corporation (Limited), hereinafter called the "Corporation,"
of the other part: 1| Whereas, on the 7th day of June, 1898, being the 19th
day of the 4th month of the 24th year of the Emperor Kuang-Hst, a proli-
minary Agreement was signed at Peking between the Administrator-General
and the Hong Kong and Shanglae Banking Corporation, represcnting a British
Syndicate, for a sterling loan for the equivalent of about 16 000000 taels for
the construction of a railway line from Chung-hou-so to IIsin-ming-t'ing and
a branch line to Ying-tsu, and for the redcmption of existing loans made to
the Tien-tsiu-Shan-hai-Kuan and Tien-tsin-Lucouehiao Railway lines; and
Whereas in terms of the preliminary Agreement a period of three months
from its date was allowcd to the Syndicate to accept or decline its conditions;
and il Whereas the Hong Kong and Shanghae Banking Corporation, before the
expiration of the period named, duly notified the Administrator-General that
it is prepared, with certain modifications, to arrange the issue of the loan
upon the conditions named in the preliminary Agreement: It is now agreed
as follows: I1 1. The Corporation agrees to issuc on behalf of the Ad-
ministrator-General a sterling loan for the amount of 2300000 1., the pro-
ceeds of which are to be applied in the order following: || (1.) To the
redemption forthwith or at maturity of the loans and advances speeified in
the statement attaclihed to this Agreement which have been made by foreign
banks to the Tien-tsin-Shan-hai-Kuan and the Tien-tsin-Lucouchiao Railway
lines. The Administrator-General hercby certifies that the total amount of
the liabilities due by the lines named does not exceed the sum of
3 000 000 taels. I| (2.) To the carrying out within a period of three years
from the date of this Agreement of certain improvements and additions to
rolling- stock on the existing lines between Peking and Shan hai Kuan, re-
84 Verhandlung zwischen Grolsbritaunien und tulfsland ber die Abgrenzung etc.
Kr. 12105. commended by the European Chief Engineer, and estimated by hiim to cost
britanien u. about 1 500000 taels. II (3.) To the construction of a railway liie from
China. Chung hou so to Usin ming t'ing, aud one from a point on that line near
Okt. 1898. Shii san ehan to Ying tzu, and of a branch line from Nu erl ho to the
collieries of Naup'iao. [| The Administrator-General engages that the construction
of the new lines here specified shall be completed within a period of three
years from the date of this Agreement. || 2. In the event of the proceeds of
this loan being insuffieient for the completiou of the new lines here specified,
the Administrator General will provide or will arrauge withl the Imperial
Government of China to provide funds from other sources sufficient to com-
plete their construction. || 3. This loan shall be a first charge upon the
security of the permanent way, rolling stock, and entire property, with the
freight and earnings of the existing lines between Peking and Shan-hai-Kuan,
and on the freights and earnings of tle new lines when constructed. The
Administrator-General shall, during the continuance of this loan, maintain the
railway buildings, works, rolling-stocks and dependencies in good order and
condition, and shall increase the rolling-stock from time to time to such
extent as shall be necessary for the requirements of the traffic. |] Should it
be decided hereafter to construct brauch lines or extensions connectiug with
the lines herein named, their construction shall be undertaken by the Railway
Administration, and should the funds of the Railway Administration be insuffi-
cient for that purpose, it shall apply to the Corporation for the same. jj 4. The
principal and interest of this loan are guaranteed by the Imperial Government
of China, and in the event of default in payment of interest or repayinmet of
prineipal at due date, the Corporation shall immediately notify the Imperial
Government of China thereof, and the Imperial Government of China will
thereupon provide the funds necessary to meet such payment in sterling in
London. In the event of tle Imperial Goverunment of China being unable to
provide the funds necessary to meet a payment of interest or priucipal when
called upon by the Corporation to do so in terms of this clause, the said
railway lines and entire property shall thereupon be handed over to represen-
tatives depnted by the Corporation to manage, on their behalf, until prineipal
and interest of the loan have been redeemed in full, when the management
will revert to the Railway Administration. It is provided that should arrears
of interest or principal be for a small sum, and it appears desirable to the
Corporation to extend the due date of their payment for a term not exceeding
thrce months, it shall be open to the Corporation to do so. || This arrangement,
which differs from other contracts in that the Administrator-General retains
control of the railway lines so long as the principal and interest of this loan
are regularly paid, has been agreed to in consequence of the friendly relations
which have long exibted between the Contracting Parties.
5. No further loan shall be charged upon thie security named above,
except through the Corporation, until this loan is redeemed, and the Tsung-li