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ANGRA PEQUENA. CORRESPONDENCE RESPECTING THE SETTLEMENT AT ANGRA PEQUENA, ON THE S.W. COAST OF AFRICA. A Map will be found at page 27. Presented to both Mouses of Parliament by Command of Mer Majesty. August 1884. LONDON: PRINTED BY EYRE AND SPOTTISWOODE. To be purchased, either directly or through any Bookseller, from any of the following Agents, viz., Messrs. Hansarp and Son, 13, Great Queen Street, W.C., and 32, Abingdon Street, Westminster ; Messrs, Eyre and Sporriswoopz, East Harding Street, Fleet Street, and Sale Office, House of Lords ; Messrs. Apsm and Cuartes Brack, of Edinburgh ; Messrs. ALEXANDER Tao and Co., Luurrep, or Messrs. Hopexs, Fieats, and Co., of Dublin. 1884. [C.—4190.] Price 1s. 9d. TABLE OF CONTENTS. Serial No. From or to whom. Date. Subject. Page. 10 11 Governor Sir H. B. E. Frere. To Foreign Office - Foreign Office - To Administrator Daniel Esq. de Pass, To Daniel de Pass, Esq. | To the Officer Ad- ministering the Government. Messrs. de Pass and Co. J. 8. Christopher, Esq. To Messrs. de Pass and Co. The Officer Ad- ministering the Government. 110517. Wt. 84238. Sir G. C. Strahan. July 19, 1880 (Ree. Aug. 9, 1880.) Sept. 3, 1880. Sept. 22, 1880. Oct. 2, 1880. July 13, 1883. July 21, 1883. July 26, 1883. Aug. 20, 1888. Aug. 21, 1888. Aug. 30, 1883. Aug. 18, 1883 (Ree. Sept. 4, 1883.) Transmitting a translation of an article in the Berlin “ Geographische Nach- richten” on the subject of the pro- posed establishment of a German Colony in South Africa. Transmitting a despatch from Sir B. Frere, enclosing a Berlin newspaper article on the proposed establishment of a German Colony in South Africa. Transmitting copy despatch from Her Majesty’s Ambassador at Berlin, from which it would appear that the pro- posed German Colony in South Africa has no chance of success. Transmitting copy of a letter from the Foreign Office with inclosure, on the subject uf the proposed German Colony in South Africa. Asking whether there is any authority for a telegram in the “ Daily News,” to the effect that Angra Pequena har- bour has been purchased by a German trading company, as he (Mr. de Pass) is personally interested in the locality. Stating that no information has been received at the Colonial Office as to an alleged German Settlement at Angra Pequena, but that due inquiry will be made into the truth of the ‘report. Transmitting an extract from a telegram in the “ Daily News,” and copy of a letter from Mr. de Pass, on the sub- ject of the alleged purchase of Angra Pequena harbour by a German trading company, and asking for any informa- tion which he may be able to obtain. Expressing a hope of shortly receiving a veply from the Colonial Office to Mr. de Pass’ letter of 13th July, and enclosing newspaper cuttings giving further particulars regarding the new German Colony at Angra Pequena. Calling attention to a letter in the “ Standard,” respecting the acquisition by Germany of the Bay of Angra Pequena. Stating that there has not yet been time for a reply to arrive from the Cape respecting their letter of 13th July, and that as regards the islands in the harbour of Angra Pequena it is not understood that there is any report of German interference with them. Transmitting extract of a letter from the Resident Magistrate, Waliisch Bay, relative to the rumoured acquisition of Angra Pequena by a German Com- pany. a2 ee 10 10 10 11 12 12 iv Serial No. From or to whom. Date. Subject. Page. 12 14 15 16 17 18 19 Foreign Office The Officer Ad- ministering the Government. To the Officer Ad- ministering the Government. Foreign Office = - To Foreign Office - The Officer Ad- ministering the Government. To Foreign Office - The Officer Ad- ministering the Government. Sept. 6, 1883. Aug. 20, 1883 (Rec. Sept. 12, 1883.) Sept. 18, 1883. Sept. 22, 1883. Oct. 2, 1883. Sept. 17, 1883 (Rec. Oct. 8, 1883.) Oct. 12, 1883. Oct. 19, 1883 (Ree. Oct. 19, 1883.) (Telegraphic.) Transmitting copy of a despatch from Her Majesty’s. Chargé d’Affaires at Berlin, respecting the alleged purchase of territory in the Bay of Angra Pequena by Herr Luderitz, a Bremen merchant, and the attitude of the German Government with regard thereto. Transmitting copy of a letter from Mr. J. Spence (De Pass, Spence and Co.), complaining of the action of the Ger- man Company, by its representative, M. Lnderitz, and stating that the Admiral on the station will send a gunboat to. Angra Pequena to ascer- tain the actual proceedings of the traders there. Deferring any observations on the Angra Pequena question until the report of the officer in command of the gunboat which is to be sent there is received, and enclosing in the meanwhile copy of a letter and enclosure from the Foreign Office. Transmitting copy of a Pro Memoria, left at the Foreign Office by the German Chargé d’Affaires, in which it is asked unofficially whether Her Majesty’s Government claim the su- zerainty over Agra Pequena, and whether they would object to the establishment of a trading firm there. Transmitting copy correspondence on the Angra Pequena ‘question, showing that Mr. de Pass claims to have prior rights of purchase over the territory stated to have been acquired by M. Luderitz, and observing that the islands in the Bay of Pequena were annexed to the Cape Colony in 1867. Transmitting copy of a letter from the Rear-Admiral on the Cape Station, enclosing an extract from @ report by Lieut.-Commander Sanders respecting proceedings of German traders at Angra Pequena; and reporting an interview with M. Luderitz, who expressed his anxiety to respect all pre-existing rights. Transmitting copy despatch from the Officer Administering the Govern- ment of the Cape, enclosing copy - report by the commander of the gun- boat recently despatched to Angra Pequena. Reporting that a party of English traders are about.to start for Angra Pequena with the alleged intention of expelling the German traders, and asking for instructions. 13 13 15 15 16 16 ‘19 19 Serial No. From or to whom, Date. Subject. age. 20 2] 22 23 24 25 26 27 28 29 Foreign Office = - To the Officer Ad- * ministering the Government. To Admiralty - Admiralty - - Ditto ~ - To Foreign Office - The Officer Ad- ministering the Government. Rear Admiral Sal- mon to Admiralty. The Officer Ad- ministering the Government. Foreign Office - Oct. 22, 1883. Oct. 22, 1883. (Telegraphic. ) Oct. 22, 1883. Oct. 23, 1883. Oct. 24, 1883. Oct. 24, 1883. Oct. 8, 1883 (Rec. Oct. 30, 1883.) Nov. 2, 1883. (Telegraphic. Oct. 28, 1883 (Rec. Nov. 15, 1883.) Nov. 17, 1883. Suggesting that a gunboat should be ordered to proceed to Angra Pequena to prevent collision, and to report on the state of affairs, and stating that Lord Granville has directed the pre- paration of a memorandum in regard to Mr. de Pass’ claims, to be presented to the German Government. Instructing him to send a gunboat to Angra Pequena to prevent a collision, and to report. Stating that a telegram has been sent to the Officer Administering the Govern- ment to send a gunboat to Angra Pequena, and requesting that the necessary instructions may be given to the Rear-Admiral commanding. Stating that the Commander-in-Chief at the Cape has been instructed by tele- graph, to send on the requisition of the Officer Administering the Govern- ment, H.M.S. “ Boadicea” to Angra Pequena to prevent a collision between English and German settlers, and to report on the state of affairs. Intimating the receipt of a telegram from the Commander-in-Chief at the Cape, reporting that H.M.S. “ Boa- dicea” had sailed for Angra Pequena. Transmitting copy of a telegram sent to the Officer Administering the Govern- ment, and of a letter from the Admiralty, stating that H.M.S. “ Boa- - dicea”? would be Pequena. sent to Angra Transmiiting copy of a Minute from Ministers respecting the case of a Hottentot named Frederick, charged with having committed a murder in Walfisch Bay, and calling attention to the present anomalous position of that settlement. Reporting the return of the “ Boa- dicea” from Angra Pequena, and that no collision had occurred between the traders. Transmitting copy of a letter to Admiral Salmon asking him to despatch a man- of-war to Angra Pequena to prevent a collision, which from recent infor- mation, seems likely to occur. Stating that the German Ambassador has inquired unofficially whether Her Majesty’s Government claim any rights of sovereignty over the Bay of Angra Pequena, and, if so, on what grounds those claims are based, and asking that Lord Granville may be enabled to xe- turn an early answer to these inquiries. 19 20 20 20 21 21 21 22 23 24 vi Serial No. From or to whom. Date. Subject. Page. 30 31 32 33 34 35 36 37 38 40 Foreign: Office to Count Munster. The Officer Ad- iinistering the Government. Ditto - - Ditto - To Admiralty — - To the Officer Ad- ministering the Government. Admiralty - To Admiralty 7 Foreign Office = - To the Officer Ad- ministering the Government. “The Officer Ad- ministering the Government. Nov. 21, 1883. “Nov. 6, 1883 (Ree. Nov. 28, 1883.) Nov. 6, 1883 (Rec. Nov. 28, 1883.) Noy. 13, 1883 (Rec. Dec. 6, 1883.) Dec. 12, 18838. Dec. 13, 1883. Dec. 27, 1883. Jan. 5, 1884. Jan. 19, 1884. Feb. 5, 1884. (Rec. Feb. 6, 1884.) (Telegraphic.) Stating that Her Majesty’s Government consider that any claim to sovereignty or jurisdiction by a Foreign Power between lat. 18° and the frontier of the Cape Colony would infringe legitimate British rights. Transmitting copies of two Minutes from Ministers calling attention to the present position of the port of Angra Pequena and the unannexed territory on the West Coast. Transmitting copy letter from Rear- Admiral Salmon enclosing copy of re- port by Captain Church, R.N. on the position of affairs at Angra Pequena. Reporting that the records of the Cape Government show that the harbour of Angra Pequena was annexed by Cap- tain Forsyth of H.M.S. “ Valorous ” on the 5th May 1866, and that a copy of his Proclamation was sent home at the time. Inquiring whether Admiralty have any record of the proceedings of Her Majesty’s ships at Angra Pequena, referred to by the Colonial Ministers, and by Captain Church in his report. Stating in reply to his despatch of the 8th October, that Her Majesty’s Government are not prepared to pro- pose legislation as suggested fer territories in the latitude of Walfisch Bay, but that a solution of the question would be afforded by legislation on the part of the Cape Government. Transmitting a memorandum giving all the information on the subject of Angra Pequena contained in the records of the Admiralty. Inquiring whether there exists in the Admiralty any record of the visit to Angra Pequena in 1796 of Captain Alexander in H.M.S. “ Star.” Transmitting translation of a letter from the German Ambassador, inquiring upon what ground Her Majesty’s Government base their claim to sovereignty over the territory between the Orange River and the 18th degree of latitude, and what means Great Britain has at her disposal for the pro- tection of German subjects therein. Recording the despatch of a telegram on the 8rd February, inquiring whether the Colonial Government would under- take the control of Angra Pequena, as otherwise it might be difficult to resist the claim of the German Government to jurisdiction over it. Reporting request of Ministers that the Angra Pequena matter may be kept, open pending a a meeting of the Cabinet. 24 25 29 33 33 33 34 35 35 37 37 ” vii Serial No. From or to whom. Date. Subject. ‘|Page. 41 42 43 44 45 46 47 48 49 5G The Officer Ad- ministering the Government. Ditto - - Foreign Office + Messrs. de Pass & Co. To Sir Hercules Robinson. To Messrs. de Pass & Co. Messrs. de Pass & Co. Sir Hercules Robin- son. ‘To Foreign Office - Sir Hercules Robin- son. Jan. 28, 1884 (Rec. Feb. 23, 1884.) Jan. 30, 1884 (Rec. Feb. 23, 1884.) April 25, 1884 May 6, 1884 May 7, 1884 (Telegraphic.) May 138, 1884 May 14, 1884 May 15, 1884 (Rec. May 15, 1884.) (Telegraphic. ) May 17, 1884 April 29, 1884 (Rec. May 22, 1884.) Transmitting an extract of a letter from the Resident Magistrate, Namaqualand, Colonel Eustace, reporting the result of inquiries made at Bethany re- specting the recent sale of Jand to a German firm at Angra Pequena. Transmitting copy of a Minute from Ministers, recommending that the re- mainder of the coast line from the Portuguese Possessions to the Orange River be annexed by Her Majesty’s Government. Transmitting copy of a despatch to Her Majesty’s Ambassador at Berlin, re- cording a conversation with the Ger- man Chargé d’Affaires respecting the reported refusal of the Cape Govern- ment to recognize the right to German protection of a German firm which has purchased land north of the Orange River; and asking that such steps may be taken as will enable Lord Granville to explain the circumstances to the German Government. Asking for information as to the re- ported proceedings of the German Government with reference to their claim to the territory of Angra Pequena, and that something definite may be done to settle the matter in dispute. Stating that, if the Colonial Government desire Angra Pequena to be placed under British jurisdiction, they should express readiness to accept cost and responsibility. Informing them that the question of the sovereignty of Angra Pequena is still engaging the attention of Her Majesty’s Government. Enclosing cutting frem the “ Standard,” notifying that the German Govern- ment is about to take over the suze- rainty of Angra Pequena, and asking that they may be informed, when the question is decided, if the Germans are to be allowed to retain possession, in order that they may take steps to protect themselves. Reporting that the new Cabinet are mak- ing inquiries with respect to Angra Pequena, and hope to send a definite reply within 10 days. Transmitting copy of a letter from Messrs. de Pass and of a telegraphic correspondence with Sir Hercules Robinson on the subject of Angra Pequena, and asking whether the Foreign Office is in possession of any further information on the subject. Transmitting copy of a letter from the German Consul at Cape Town, noti- fying that Mr, Luderitz’s acquisition north of the Orange River is under the protection of the German Govern- ment, 38 38 40 41 41 4] 42 42 42 vill Serial No. From or to whom. Date. Subject. Page. 51 52 53 55 56 57 58 Ou © 60 Foreign Office - Royal Colonial In- stitute. Foreign Office - Sir Hercules Robin- son. To Foreign Office - To Royal Colonial Institute. Foreign Office = - Ditto - Ditto - - To Sir Hercules Robinson. May 22, 1884 May 28, 1884 May 29, 1884 (Rec. May 29, 1884.) (Telegraphic. ) June 2, 1884 June 3, 1884 June 3, 1884 June 10, 1884 June 14, 1884 June 17, 1884 ( Telegraphic.) Stating that no information has reached the Foreign Office as to the alleged assumption by the German Govern- ment of the sovereignty over Angra Pequena, and expressing a hope that no unnecessary delay will be allowed to occur in giving an answer to Count Miinster’s representations. Urging upon Her Majesty’s Government the importance of excluding Foreign Powers from the occupation of Angra Pequena, Transmitting copy of a despatch to Her Majesty’s Ambassador at Berlin, re- cording a conversation with the German Ambassador on the subject of Angra Pequena. Reporting that Ministers have decided to recommend Parliament to undertake control and cost of coast line from Orange River to Walfisch Bay. Trcansmitting copy telegram from Sir H. Robinson, announcing that his Ministers will undertake the control of the coast from the Orange River to Walfisch Bay, and suggesting that the German Government should be in- formed ; proposing at the same time that a joint Commission should be appointed to report on all such claims as those of Mr. Luderitz and Messrs. Sinclair and Spence. Respecting the exclusion of Foreign Powers from the occupation of Angra Pequena. Transmitting copy of a despatch from Her Majesty’s Ambassador at Berlin, respecting the German establishments at Angra Pequena. Transmitting copies of two despatches from Her Majesty’s Ambassador at Berlin, reporting that the statement in the “ Standard” of May 14th, as to the action of the German Government at Angra Pequena is unfounded, and reporting, also, the projected depar- ture of a German expedition to the upper and middle course of the Congo. Transmitting copy of a despatch from Her Majesty’s Ambassador at Berlin, enclosing copies of resolutions in favour of the annexation of Angra Pequena passed at a meeting, held at Dusseldorf, of the West German Society for Colonisation and Export Trade. Observing that it will be better not to bring forward, at present, any vote for the cost and control of the coast line, in order to avoid any misunder- standing with the German Ministry, and enquiring the probable duration of the Parliamentary session, 43 43 43 44 44 45 45 46 47 47 ix. Date. Subject. Page cae From or to whom. 61 | Sir Hercules Robin- son. 62 | Foreign-Offce - 63 | Sir Hercules Robin- ; son. 64 | Daniel de Pass, Esq. 65 | To Foreign Office 66 | Foreign Office -« 67 Ditto - - 68 | Daniel de Pass, Esq. 69 | Foreign Office - 70 | To Foreign Office 110517. (Rec. June 19, 1884.) (Telegraphic.) June 24, 1884 June 4, 1884 (Rec. June 26, 1884.) June 26, 1884 June 27, 1884 June 30, 1884 July 2, 1884 July 4, 1884 July 4, 1884 July 8, 1884 Reporting that the session will last another month. Transmitting copy of a despatch to Her Majesty’s Ambassador at Berlin, re- cording a conversation which Lord Granville recently had with the German Ambassador on the Angra Pequena question. Transmitting copy of a Minute from Ministers, expressing their readiness to recommend Parliament to under- take the control and cost of the coast line from the Orange’ River to Wal- fisch Bay. Calling attention to the priority of his claims over those of Mr. Luderitz, and inquiring what, in the opinion of Her Majesty’s Government, the posi- tion of his firm now is. Transmitting copy of a letter from M. de Pass, and suggesting that the conflicting claims should be settled by a joint English and German Com- mission. Transmitting copy of a despatch from Her Majesty’s Ambassador at Berlin, enclosing translation of a speech made by Prince Bismarck in the Reichstag on the Angra Pequena question, and German colonial policy generally. Transmitting copy of a despatch from Her Majesty’s Ambassador at Berlin, enclosing the substance of a further speech made by Prince Bismarck in: the Reichstag. Recommending the annexation of Sand- wich Harbour, south of Walfisch Bay. Transmitting copy despatch to Her Majesty’s Ambassador at Berlin, stating the substance of a conversation between Earl Granville and Count Herbert Bismarck on 14th June, with regard to Angra Pequena. Stating that Lord Derby proposes to inform Sir H. Robinson that Her Majesty’s Government are not in a position to oppose the, intentions of the German Government, and that such territory as may be found to have been duly acquired by M. iu- deritz will therefore be under German protection, but that Her Majesty’s Government will be willing to extend British protection over any other places at which British subjects have concessions or establishments, if the Colonial Government will provide for the cost. 48 48 49 50 51 5] 54, 55 56 57 Serial No. From or to whom. Date. Subject. Page. 71 72 73 74 75 76 17 78 Sir Hercules Robin- son, To Foreign Office Foreign Office - To Sir Hercules Robinson. Foreign Office - Ditto - - To Foreign Office Sir Hercules Robin- son. July 9, 1884 (Rec. July 9, 1884.) (Telegraphic.) July 10, 1884 July 12, 1884 July 14, 1884 (Telegraphic.) July 15, 1884 July 15, 1884 ‘July 18, 1884 July 2, 1884 (Rec. July 23, 1884.) Stating that Ministers are anxiously awaiting information regarding the negociations with Germany, and that the feeling in the Colony is strongly in favour of retaining British autho- rity over the coast line from Orange River upwards. Transmitting copy of a telegram from Sir H. Robinson regarding the feeling in the Colony on the subject of the retention of British authority over the coast line from the Orange River northward. Stating that, under the circumstances explained, Her Majesty’s Government will not contest the rigbt of the German Government to afford protection to German subjects who are established at Angra Pequena, and suggesting that the German Government should be so informed. Stating that Her Majesty’s Government will not oppose German protection being extended to M. Luderitz’s terri- tory at Angra Pequena, but will pro- claim British protection over other places where British subjects have claims if Colonial Legislature will arrange for cost. Transmitting copy despatch to Her Majesty’s Ambassador at Berlin, in- structing him to intimate to the German Government that their right to extend protection to German subjects at Angra Pequena is recognised by Her Majesty’s Government, and to propose the appointment of a joint Commission to settle conflicting claims. Replying to Colonial Office letter of 8th inst., and concurring in proposed telegram to Governor of the Cape, defining the position of Her Majesty’s Government with regard to Angra Pequena. Concurring in proposed despatch to Her Majesty’s Ambassador at Berlin, directing him to inform German Government of decision of Her Ma- jesty’s Government with regard to Angra Pequena, and enclosing copy telegram sent hy Colonial Office to Governor of the Cape. Transmitting copy ‘Minute from Ministers, stating that Ssecretary of State’s suggestion as to delaying the vote for Angra Pequena has been acted upon. 57 57 58 58 59 59 60 60 Map, showing Coast line and Bay of Angra Pequena, to iface page 27, CAPE COLONY. CORRESPONDENCE RESPECTING THE SETTLEMENT AT ANGRA PEQUENA No. 1. Governor the Ricur Hon. Sir H. B. E. FRERE, Barr., G.C.B., G.C.S.L, to the Ricut Hon. the EARL OF KIMBERLEY. (Received August 9, 1880.) Government House, Cape Town, My Lorp, July 19, 1880. I nave the honour to forward a translation of a remarkable article by Ernst von Weber, published in the Berlin ‘“‘ Geographische Nachrichten” for November last, which has attracted much attention among persons interested in South Africa. It contains a clear and well argued statement in favour of the plan for a German Colony in South Africa, which was much discussed in German commercial and political circles even before the Franco-German War, and which was said to have been one of the immediate motives of the German mission of scientific inquiry which visited Southern and Eastern Africa in 1870-71. Recent events have drawn together the German and Dutch Republicans in this colony, whose feeling towards the English Government is sufficiently indicated in Mr. Weber’s paper. T have, &e. The Right Hon. the Secretary of State, (Signed) H. B. EK. FRERE, &e. &e. &c. Governor. Enclosure in No. 1. A new empire, possibly more valuable and more brilliant than even the Indian Empire, awaits, in the newly discovered Central Africa, that Power which shall possess sufficient courage, strength, and intelligence, to acquire it. This attractive prospect has lately been the origin of the cry among the English, “ Africa shall be English from Table Mountain to the Nile,” a great and noble ambition. Still, one must be an Englishman to be inspired by it, and it is by no means chimerical, for if our Germany still continues to hold to her former rdle of complete passiveness, England will certainly be the one to attain this great object; now that England has laid her hand on all South Africa, when, like an island, the Orange Free State alone prolongs an independent existence for perhaps only a few years. Now that she has assumed a semi- autocratic position in Egypt and Zanzibar; the cry has gone through the English papers to win the great newly discovered territories of the Congo for Great Britain, and to create in them a new and gigantic market for English merchandise. But Germany ought not to resign all this immense spoil to England. The exclusive occupation of the banks of this river by England ought not to be recognised, just as we ought to have made a determined protest against the annexation of the Transvaal. If England plants factories and missionary stations in the Congo basin, Germany must also, and this applies also to the East African coast. In South-East Africa we Germans have quite a peculiar interest, for here dwell a splendid race of people nearly allied to us by speech and habits. The Boers or farmers there are the descendants of former Dutch settlers; they are, as I must emphaticaliy maintain, our German kinsmen and brethren; so-called Low Germans to be sure, but none the less of right Teutonic blood, for our Dutch neighbours too are really German, who have only, in consequence of a separate historical development, acquired a special nationality, in consequence of which they believe that they ought not to reckon them- selves amongst the children of Germany. In appearance and character the Boers are every way the same as our sturdy Westphalians, Frieslanders, and Sleswig-Holsteiners, but as a rule they surpass them in size and weight, for you rarely see a Boer who is not t least 6 feet high. . a e The South African climate is so far directly opposed to the North African in its ‘effects in that it decidedly favours the development of strength and massiveness in the human frame. Amongst the Boer women 7 have seen many who might pass for the 110517. 2 elephants among mankind. I know of’ no race in the world which offers such splendid material for Grenadier Guards and Cuirassiers. The Boers are thoroughly simple, honest, and phlegmatic people. Calmness and solid perseverance are written on their brows. In their way of life and plain patriarchal manners they have remained precisely the same as their forefathers, so that a visit to their simple little farmhouses gives you the feeling of having been put back two centuries. On the great round table in the principal sitting-room you invariably see the ponderous old family Bible, out of which every evening, after the day’s work is over, the father reads a chapter aloud to the household. ‘This Bible and a Dutch hymn-book are, as a rule, the only literature in the house; only in rare cases do newspapers stray into these lonely farms. Every morning the day’s work is begun by the slow earnest singing of a hymn, and a prayer is said before and after meals. The Christian names of these pious folk are almost all from Bible history, Peter, Jacob, &c., &c. The men, as a rule, are handsome and of imposing figure ; with their energetic, strongly marked, and expressive heads they recall the portraits of Rubens, Teniers, Ostade, and Vanyek. They are all very good shots and expert in all kinds of handicraft and arts, since each on his lonely farm has to be his own carpenter, wagonmaker, blacksmith, saddler, tailor, shoemaker, architect, and doctor. ‘The Boer families are almost invariably remarkable for an enormous number of children. Their number in one family is seldom less than 10 to 12, but often there are even 16 to 20. I have even heard of an old Boer in Graaf Reinet who had no fewer than 292 children, grandchildren, and great grandchildren. The Boers are not generally best plessed if Englishmen come to settle in their neighbourhood, and in a place where a greater number have gradually established themselves the Boers are in the habit of gladly selling their farms and going to another district where they are—once niore— more among themselves. The social division between the Low German and English races begins even at Cape Town, and from there extends very perceptibly throughout the whole Colony, and continuing very actively in the Orange Free State, in Natal, and the Transvaal. The English element exists principally in the towns and villages, but its influence ceases completely when you come to the flat country. Here the Low German element and language entirely predominate, and the latter in general is far more widely spread in South Africa than English, and also especially among the Natives is in use as the universal language of the country. Certainly the higher educational establishments in the larger towns are almost all English, and this helps principally to make the English increasingly the chief language employed by educated people in the towns. Still, in former times the French language in Alsace in exactly the same way forced the German mother tongue by degrees out of the higher circles of society, and degraded it to be the language of the lower classes. The Boers who live in the Orange Free State, Natal, and the Transvaal, form, as it were, one great family, although they live under such various Governments. This is because the younger sons and daughters of the large families for many years past have been in the habit of emigrating from the old colonies to people those newly established. The ramifications of the Boer families run, therefore, through the length and breadth of South Africa, and one may speak of a nation of Africanders or Low German Africans, which forms one sympathetic race from Table Mountain to the Limpopo. This is a fact which would be of great importance in any possible future joint rising of the Boers, having for its object the formation of a Dutch African Confederation. The only South African State in which the Government has remained a national one up to the present day is the Orange Free State. It is undoubtedly the best governed community, a very pattern State for all neighbouring countries. For this very reason viz., the unparalleled economy of its whole administrative apparatus, and the strict uprightness of its Republican leaders for the last 20 years, it has had such a powerful attraction for the Low German population of the neighbouring Cape Colony that thou- sands of fathers of families have left their farms there and trekked to the Free State, in order to exchange the—to them—unsympathetic, immoderately bureaucratic, complicated and expensive negrophilist English Administration for a simple and just national government, and good sensible laws for protection against the barbarous black popula- tion. In consequence of this, the price of property and land in the Orange Free State has already risen higher than in the English Cape Colony. As a characteristic mark of the satisfaction of the people of the Orange Free State with their government, it may be mentioned that the State President Brand, who by rights has a term of office of five years only, has now been chosen again for the third time. ‘ One would look in vain for a parallel case in one of the Spanish Republics of South and Central America. The aversion of the Boers to the. English Government principally dates from the time of the slave emancipation. It was proclaimed by them so hastily and inconsiderately, 3 and at once deprived the flourishing Colony of its greatest need, cheap and always avail- able labour. ‘The emancipation turned the coloured people,—who were formally com- pelled to work and accustomed to industry and obedience for the most part,—into indolent, self-satisfied, insolent, disobedient idlers, addicted to drink. Every form of self-defence was forbidden to the colonists against the black vagabonds and cattle stealers who roved the country in numbers, in consequence of the emancipation, without the Government on their side doing the least thing to ensure protection from such vagrants. In consequence of this, thousands of Dutch farmers after 1836 abandoned their formerly flourishing farms and sought new dwelling-places with their flocks and herds on the other side of the Orange River and in the present province of, Natal, preferring hard work in the dangerous wilderness to continued subjugation to a Government which acted in such a senseless way and trampled on the interests of its own subjects. In the heart of the wilderness, surrounded by hostile natives, they founded new homes for themselves and their families, which they cultivated amidst toil and privations, and continually had to defend with powder and shot. Where hitherto only. the roaring of wild beasts and the war cry of bloodthirsty Kafirs had sounded, now arose through the industry, the stubborn and persistent labour and energy of the Low German farmers, one after the other, three flourishing Republics: the Orange Free State, the Republics of Nata! and of the Transvaal. The Republic of Natal was, however, taken away by the English from the Boers in the year 1842, and the Orange Free State in 1845. The latter, however, only remained an English province for nine years, and was then left to itself again, because the maintenance of this possession was too expensive. When the Orange Free State in 1867 had successfully concluded its second bloody war against the Basutos, and was about to enjoy the fruits of the campaign by the annexation of Basutoland, the English Government suddenly took the part of the defeated natives, and itself annexed their country, one of the finest in the world, with romantic Alpine scenery, and moreover very rich in mineral treasures. In the year 1871, in the midst of the most profound peace, the English Government deprived the Boers of the Orange Free State of the valuable Diamond Fields, which in the three-and-a-half years from July 1871 to January - 1875 alone had yielded a profit of 140,000,000 marks annually in diamonds, and crowned their unjust dealings towards the Boers in the year 1876 (1877, ed.!) by the wanton annexation of the Transvaal Republic. This Republic was recognised as an independent State by all the Powers of the world. Its sudden extinction, wholly against the wishes of its burghers, was an act of violence which reminds one of the infamous partition of Poland. Delegates of the Transvaal people have protested in Europe to the Great Powers against this unheard-of act of violence. No country cared to embark in an unpleasant official correspondence with England, the ruler of the seas, out of pure love for the Low German Boers. The people of the Transvaal to this day continue to protest against the annexation, and quite lately the report has reached us of the solemn oath which an assembly of the most considerable Boers of the Transvaal swore together at Wonderfontein. It was as follows :— “In the presence of God Almighty, the Searcher of hearts, whose merciful assistance we implore, We, burghers of the South African Republic, have solemnly resolved to unite for ourselves and our children in a solemn league which we confirm with a solemn oath. It is now 40 years since our fathers left the Cape Colony in order to become a free and independent people. We have founded Natal, the Orange Free State, and the South African Republic, and three times has the English Government trodden our freedom under foot. Our flag, baptized with our fathers’ blood and tears, has been trodden under foot. This 40 years were 40 years of care and suffering. Our Free Republic has been stolen from us as by a tbief in the night. We cannot and we will not endure this. It is the will of God which binds us by the concord of our fathers and the love of our children to hand down intact to our children the inheritance of our fathers. For this perpose we are united here,'and give each other the hand as men and brothers to remain true to our country and our people, and trusting in God to work together tiil death for the restoration of our Republic.” Daas not this remind one of the midnight oath of the Confederates’ Riith in 1307 ? What must especially interest us is the circumstance that these Transvaal Boers had, and still have, the most earnest longing that the German Empire, which they properiy regard as their parent and mother country, should take them under its protection. -. When in 1873 the tidings (unfortunately false) spread through South Africa, that the Russian Government had purchased Delagoa Bay, these tidings were received in the Dutch Free State with the greatest rejoicing. It is really striking how decidedly here in South Africa the isolated Low German race sympathises with Germany, the cradle of its forefathers, while the Dutch dwelling by her side in Europe, in their fear of a possible future annexation, regard her in a great measure with entirely contrary feelings. For the A 2 4 sake of sure and certain protection from the greed of annexation of the hateful English Government, the Boers of both Free States would gladly have placed themselves under the German Government in the forin of two protected States, with, as far as possible, their own free self-government. ; The steps taken by the Boers remain, alas, without result. As to the transactions supposed to have been ccncluded at Berlin, they appeared in public, till again, in May 1875, the telegram purporting to be from the British Ambassador to Berlin to the Govern- ment in Downing Street went through the London journals: “ Transvaal Government “ conferrmy with Berlin Government on protective alliance.” a3 ; It is of interest, just in passing, to consider the consequences which would necessarily have resulted from an acquisition of Delagoa Bay by the German Empire. This bay, which once a century ago was for five years (1776-1781) in_the possession of the then German Empire, presents one of the most splendid and extensive harbours in the world, and is, moreover, the only maritime entrance to the extensive and fertile inland country of the Transvaal lying behind it; only six German miles from the bay, the highlands of the Transvaal begin to rise in terraces ; it is exceedingly healthy and suitable to the European constitution, as the gigantic healthy frames of the Boers testify. Vast fields of coal and iron iying in the immediate neighbourhood would extraordinarily facilitate the construction of a railway from the coast to the Transvaal highlands, which might thus be reached in five hours from the coast. The Transvaal is the garden and paradise of South Africa, full of the most splendid natural treasures. ‘The fertility of the soil is quite astonishing, and the water supply, on an average, rich. If Dr. Fabri maintains that for want of water the Transvaal offers room for only a limited number of about 1,200,000 European immigrants, I can by no means agree with him. For wa have seen in the Diamond Fields that you can get plentiful stores of water even in the driest South African desert, if you only take the trouble of digging wells. The rainfall over all South Africa is so tremendously great in summer that inexhaustible quantities of water collect under ground. When I went to the Diamond Fields in 1871 the diggers were ail in great fear lest we should die of thirst during the dry winter season, for it seemed impossible to provide the daily water supply of 40,000 men, and all the cattle besides, in that streamless and springless region. By degrees 40 wells were dug, some yielded water at 30 feet even, others at 40, after which we had that element of life in abundance. If there were a sufficient agricultural population in the country, the Transvaal alone could provide all South Africa with grain and yet export a good part of the harvest to Europe. The central, east, and south parts especially are particularly suited for wheat cultivation, Wheat in the district of Pretoria bears 40 to 50-fold, and the Leydenburg wheat gained a prize medal at the Paris Exhibition for its weight and ‘white colour. In the central and north part of the country coffee, tea, cotton, and tohacco, yield rich harvests; there is abundance of fruit the whole year through Apples, pears, plums, peaches, apricots,-nuts, figs, ulmonds, and grapes, grace the farmer's board at one season; oranges, mandarins, pines, bananas, dates, and guavas, at another. European vegetables succeed here admirably also; good fertile land is now still to be had in mass at from 25 pence to 2 marks the acre, or 1,6 Prussian morgen. The climate of the Transvaal, that of an upland of 4-7,000 feet above the sea, is one of the healthiest in the world. There is only fever in isolated places in the northernmost part of the country in low tracts by the rivers, but such exceptionable places involve similar disadvantages in Germany and Italy. The mineral treasures are quite immeasurable, and in this respect there is hardly any region which can cuine near the Transvaal and the extensive territories which border it on the north. Copper, tin, quicksilver, &c., but especially iron and lead, exist in enormous quantities. As a lead country, Transvaal ought to be one of the first countries of the world. Iron ore in many places lies upon the surface, sometimes as “ mnagnet- iron stone.” ‘The beds of excellent coal that have as yet been examined alone embrace a circumference of about 10 German square miles, and promise the Transvaal a great future as an industrial and manufacturing country, as they will in future, when there is a railway to Delagoa Bay, make that one of the most important coaling stations of the southern hemisphere for naval and mercantile marines. The eastern edge of the coal- fields begins 17 German miles west of Delagoa Bay, and would thus be reached in a few hours by rail. But the most alluring wealth of the Transvaal consists in its enormous gold fields. ‘The geld is met with either sprinkled in quartz rock or in alluvial deposits. A wider girdle of rock with veins of gold quartz goes in a south- west direction through the districts of Waterberg, Zoutspansberg, Marico, and Rustenber and the wealth of gold of the Leydenberg mountains and streams is already known a thousands of gold diggers The tract of country in the Leydenberg district at present 5 known to contain gold is of a length equal to the distance between Berlin and Wittenberg, and would be reached in two and a half days from Delagoa Bay, by an occasional use of the future railway to Pretoria. If, in addition to this wealth in gold within the present borders of the Transvaal, we consider the cireumstance that in the countries bordering it on the north these gold-containing mountains continue to the Zambesi, and that there, in the districts of Tatin, Makalaka, Maschona, Marico, and in the Lupata mountains, ancient and modern travellers have found and brought away wonderfully rich gold ore ; that, further, the region marked on old maps as Monomotapa, whose fabulous wealth in gold was far-famed in the most ancient times, lies also within these neighbouring territories ; it follows that in the Transvaal and the neighbouring countries to the north one of the richest gold countries of the Earth is to be found. What could not such a country, full of such inexhaustible natural treasures, become, if in course of time it were filled with German immigrants? What people understand agricultural colonisation better than the Germans? Pennsylvania and the north and north-west of the United States of America, the German settlements in South Brazii and British Kaffraria, as well as the agricultural colonies in Southera Russia, afford striking evidence of it. A constant mass immigration of Germans would gradually bring about a decided numerical preponderance of Germans over the Dutch population, and of itself would by degrees effect the Germanization of the country in a peaceful manner. Besides all its own natural and subterraneous treasures, the Transvaal offers to that European Power which possesses it the great additional advantage that it affords an easy access to the immensely rich tracts of country which lie between the Limpopo, the Central African Lakes, and the Congo. If a European Power were to succeed in bringing these countries gradually altogether under its dominion, or at least under its political influence, a kingdom would be won thereby which in circumference as well as in the wealth of its’ productiuns would not be second to the British East Indian Empire. It was this free unlimited room for annexation in the north, this open access to the heart of Africa, which principally inspired me with the idea, now more than four years ago, that Germany should try, by the acquisition of Delagoa Bay, and the subsequent continual influx of German emigrants to the Transvaal, to secure the future dominion over this country, and so to pave the way for the foundation of a German- African Empire of the future. I gave expression to this idea of mine in a Memorial which I sent. in March 1875 from South Africa to His Majesty the Emperor and H.S.H. Prince Bismarck, for I thought that in places so far removed from home, where pot even a German Consul is to be found who could attend to the interests of our country, it was the duty and privilege of every German to address himself direct to the highest quarters in order to bring forward for examination truly patriotic wishes and propositions, and to advocate them, should he have acquired on the spot a clear insight into the whole circumstances, and found them exceptionally favourable at the moment for an accession of power to his native country. My representations had unfortunately no result, except that H.S.H. Prince Bismarck expressed his approbation of my patriotic sentiments, but held out no prospects of these projects being entertained by the Imperial Government. In the meantime, as I prophesied, the Transvaal has by forcible annexation to the British Empire been obliterated from the rank of independent States, in spite of the protest instantly raised by nine-tenths of the people of the Transvaal, and in spite of their protest continuing to this day. And here it might well be discussed whether it would not be advisable that the German Empire should refuse its recognition to the annexation of the Transvaal Republic at all, provided this recognition has not already been given, for in case a general rising of the Datch Transvaal population should ensue, as is only too probable now or later, and that this rising should be maintained sufficiently long with success, then perhaps an eventual negotiation of the German Government with the leaders of the Boers might be able to lead to an arrangement with the English Government favourable to German interests. If, indeed, the German Empire has once formally recognised the annexation, then naturally there is no more to be said about any negotiation on her part with a rebellious democracy. ae eoc ; That the English themselves consider a European mass-immigration into the territory of the Transvaal and the neighbouring countries as not only possible, but also highly advantageous, one may see by the two following articles, which appeared on the 10th July 1873 and the 28th November 1874 in one of the most widely circulated of the South African papers, the Government “ Diamond News. The first runs thus :— “ We have already directed the attention of our readers on different occasions to the desirability of the acquisition of Delagoa Bay, and of all the Portuguese territories 6 in South Africa, and their annexation to the British Empire. Oh, could we but. open the eyes of the English Government, and place the fact before them in the clearest light, that they have only to stretch out a hand to pocket the key to half a continent ; yes, and to a continent which, by the discoveries which have lately crowded on each other, has proved itself quite unequalled in mineral wealth. ‘The enormous inland territories, of which Delagoa Bay is the natural seaport, are extraordinarily productive ; thousand millions of acres of land in these territories are fit for the plough ; thousands more are the finest pasturage in the world. They have a superfluity of mineral treasures, and could support a population 50 times as large as that of Great Britain. Portugal, once ruler of the seas, has sunk into a hopeless dotage; and, although possessing colonies with immense capabilities of development, she draws from them no more income than is absolutely necessary in order’ to pay the scanty and wretched salaries of a few officials with high-sounding titles. Under these circumstances, her East African possessions are simply worthless to Portugal, and England need only express her desire for them to become forthwith possessor of territories which in her hands would dim the lustre of Ophir and Golkonda.” The second article runs thus :— -« The extent of our dependencies is so vast, and the wealth waiting to be drawn out there by human industry so enormous, that with proper provisions and preparations they could receive among them at present at least a quarter of a million of our people annually. The number for whom work could be found would increase in geometrical proportion. .... . There must be a great State emigration from England, and if Africa is to be English in heart and soul, a good proportion of the quarter of a million annually must be sent here. The first step towards Anglicising the territories on this side of the Orange River is to commence a State emigration to the Batlapin, Baralongs, Basutos, and other Native territories. [Translator’s note——Weber says N. Betchuana- land not mentioned in original English of newspaper.] Carry out Mr. Froude’s idea of settling an English population in these parts, and do it thoroughly, and not only will Africa be ultimately united, but we shall: preserve’ the national spirit here to create a patriotism about which South Africa at present knows nothing.” [Translator’s note——Mr. Weber renders above concluding passage by the following free translation—‘“ First populate these rich countries thoroughly with English working men, * and aol will then be politically united and English national spirit be predominant “ therein.” ; Thus speaks an English journal published in South Africa itself; and it is right. There is yet space in these healthy and fruitful countries of South Africa, which England desires for her own, for innumerable millions of European immigrants. There is at the same time the most assured prospect that the European Power who would bring these territories under its rule will found one of the largest and most valuable empires of the Globe, and it is, therefore, on this account truly to be regretted that Germany has quietly and without a protest allowed the annexation of the Transvaal Republic to England, because this splendid country, taken possession of and cultivated by a German race, ought to-have been entirely won for Germany, and would moreover have been so easily acquiredjiand thereby the beginning made and foundation laid of a mighty and ultimately rich New Germany in the southern: hemisphere. Germany ought at any price to get possession of some points on the East as well as on the West Coast of Africa either by purchase from the Native Chiefs or by treaty with the Portuguese Government. German factories ought to be established there, and their branches gradually pushed further and further inland. So by degrees a wide network of German settlements would be formed which must of course be kept in constant communication with each other and with the coast, and also properly fortified. Let us imagine such a line of trade settlements, which would also serve at once as educational and school stations, and would also, to a certain extent, present a field for experiment on which the seeds of Christian civilization might be scattered. By degrees an increasing number of intelligent negroes would be here assembled who must be instructed by the settlers in the cultivation of valuable products and in European trades and arts. These scattered settlements, properly secured by fortifications, would form a nucleus around which in time little civilized districts of natives would, so to speak, crystallize; whilst Chiefs attacked and pursued, or otherwise friendly to civilization, would willingly settle down in the neighbourhood for their own protection, and by degrees would bring an ever increasing population to these little peaceful States. The great power of attraction exercised upon the natives of an African despotic State by the neighbourhood of a peaceful civilized State which offers security and humane government we have seen in the Colony of Natal, which for years: past has been regularly inundated by swarms of ~ é voluntary immigrants from the neighbouring Zulu kingdom, so that the number. of the black, population. rose in only 32 years from 10,000 to 350,000. A similar spectacle might also be seen in the scattered bases of civilization in Central Africa, provided always, of course, that a position commanding respect were assured to them by adequate measures. of protection. Thus gradually the neighbouring petty negro chiefs would learn new means of obtaining the necessaries they wish for by honest trade and agriculture without man-stealing and slave traffic. Such a system would have the greater results, the more quickly the whole coast fell into the possession of civilized European Powers by the seizure of all important points on the sea coast and by the establishment of fortified factories. The purchase of suitable localities on the lon Portuguese seaboard would be specially to be recommended for this object, so that the hitherto merely-nominal supremacy on the coast of an energetic Christian people should at last be exchanged for an actual one. The country of Djubastrome, too, which has never been visited since the days of Carl Klaus Vonder Decken, and which from its navigable stream affords such a splendid entrance into the interior, would certainly be wonderfully adapted for a great German trading settlement, to which lately Gerhard Rohlfs has again so urgently referred. Only a European Power which gains a firm footing, wherever possible at different points on both the East and West Coast, and brings portions of them into her permanent possession, can solve the problem of how to open up Central Africa gradually to civilization and at last to exterminate the slave trade. The fruits which this Power will ultimately reap will be inexhaustible wealth. By contact with the small trading and missionary stations established in the interior, a young Africa will graduaiiy arise from the midst of the old dead Continent, from which the blessings of culture and civiliza- tion will spread abroad in ever widening circles. Peaceful labour and agriculture will create blooming gardens where now only the man-hunter and slave-trader roam, leaving behind them nothing but hatred and murder, desolation and corpses, misery and brutality. Certainly the Government would not have to found such trading stations, but the task must be undertaken by trading companies,—-societies of merchants in combination with missionary societies. The latter especially would have to consider as their principal work the education of the negroes to labour; and that would be the very best lesson for our German penchant for “‘ pedagogism.”. That you can make most excellent workmen out of negroes if you only set to work the right way, has already been shown by many striking instances ; where negroes, as in slave countries, are compelled to work, they are hardly inferior in their achievements to European labourers. How indefatigably did the sturdy Zulus pick and hack in our Diamond Claims, encouraged by the desired end, the possession of a gun, as the reward of their work! How untiringly again do negroes work when commanded to do so by their own.Chief, and never were such unwearied, unresting, field and house workers, veritable martyrs to work, as the negresses. And what a happy childlike disposition they maintain whilst, as is often the case, they continually sing, laugh, and joke, over the most laborious work. The French missionaries at Zanzibar assured us that almost all negro children that they receive under their care sufficiently early are easily brought up to be industrious labourers and desirous of learning. A collection, especially of children, in the scattered trading and school stations would therefore be the means of educating a rising generation of industrious labourers, whose influence on the people of their own race might with time have the most extraordinary results. Moreover, it must not he forgotten that the English missionary stations have continually opened the way for trading settlements to follow them, by means of which, later still, in many cases the way to political occupation was prepared. Thus, not only for ethnical, but also for commercial and political objects, the foundation of missionary stations in the Central African countries is of the highest importance. On the Zambesi also, 1 believe, the laying out of German trading stations would be worth while; certainly it would not do to purchase isolated localities from the Portuguese Government if they had for the present to remain under the Portuguese supreme rule. To be sure, too, the town of Quilimaime, at the mouth of the river, is unhealthily situated. The Portuguese enerally, in’ South Africa, have shown the most wonderful talent for always picking out the places'with the worst climate for their settlements. On the whole, however, the delta of the Zambesi is by no means unhealthy, and there must certainly be spots to be found on the high banks fitted for trading settlements. However, the’ broad fruitful tract between the Upper Zambesi and the Limpopo (which bounds the Transvaal) is just as healthy an upland as the Transvaal itself, The greater part of it certainly is inhabited by a people at present very inaccessible—the Matabeles, who in every respect resemble their connections, the Zulus, especially in their warlike inclinations and their A 4 § valour. Everything, however, in attempts at colonisation, depends on the way in which the Europeans know how to deal with such a wild people, and I believe that German settlers, by their greater pliancy, would more easily discover the right road to a peaceful intercourse with an indigenous population of that kind than the more inflexible and stiff-necked English. If we were to succeed in pushing forward, little by little, a chain of German trading stations as far as the Upper Zambesi, yet another advantage would be gained; many Boers probably would emigrate from the Transvaal to the north, in order to avoid the hated English dominion and to place themselves under the protection of the German colonies. It is, in fact, an old characteristic of the Boers always to wander north, merely to have nothing more to do with the English Government, and they shun no fighting with wild people if only to be once more independent and to be able to give themselves a National Government. a This instinct of freedom we Germans ought emphatically to try and further, then the sympathies which the Boers entertain for Germany will be of the greatest value to us and wonderfully facilitate our getting a footing in that rich country through our emigrants, especially those of North German race. Certainly we ought, in this, not to depend too entirely on State help, but must in the most strenuous manner set our own hands to it. If we only begin with skill and perse- verance to open up new roads for ourselves, the Government cannot at last forbear frem supporting such efforts, but if trade and industry sit with folded hands, no favour from above can create a healthy living organization.—By Ernst von WesEr. No. 2. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, September 3, 1880. I am directed by the Secretary of State for the Colonies to transmit to you in original, for the perusal of the Secretary of State for Foreign Affairs, the accompanying Despatch* from Sir Bartle Frere, forwarding a translation of an Article on South Africa, by Ernst von Weber, which appeared in the Berlin “‘ Geographische Nachrichten,” for November last. Iam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 3. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, September 22, 1880. Wiru reference to your letter of the 3rd instant,+ I am directed by Earl Granville to return to you Sir Bartle Frere’s Despatch, and to transmit to you at the same time to be laid before the Harl of Kimberley, copy of a Despatch from Her Majesty’s Ambassador at Berlin, to whom the Article by Ernst von Weber was forwarded for any observations his Excellency might have to offer, from which it would appear that the plan for a German Colony in South Africa has no prospect of success. Tam, &c. The Under Secretary of State, (Signed) JULIAN PAUNCEFOTE. Colonial Office. Enclosure in No. 3. My Lor», Berlin, September 18, 1880. 1 nave the honour to acknowledge the receipt of your Lordship’s Despatch of the 9th instant, enclosing Sir Bartle Frere’s Despatch of the 19th July forwarding a translation of an Article by Ernst von Weber, in favour of a plan for a German Galea South Africa, which in obedience to your Lordship’s instructions, is herewith returned. * No. 1. Tt No, 2. 9 Herr Von Weber’s plan will not meet with any support either at the hands of the German Government or on the part of the German parliament, while German emigrants i more attracted by a republican form of Government than by that of a Crown olony. The German Government feel more the want of soldiers than of colonies, and consequently discourage emigration. The German parliament has marked its disinclination to acquire distant dependencies however advantageous to German enterprise, by the rejection of the Samoa Bill. Under present circumstances thercfore the plan for a German Colony in South Africa has no prospect of success. I have, &c. The Earl Granville, K.G., (Signed) Ovo Russet. &e. &c. &e. No. 4. The Riegur Hon. take EARL OF KIMBERLEY to ApmrnistraToR Sir G. C. STRAHAN, K.C.M.G. Sir, Downing Street, October 2, 1880. I nave the honour to transmit for your information, with reference to my Despatch of the 2nd of September,* a copy of a letter} from the Foreign Office, enclosing a Despatch from Her Majesty’s Ambassador at Berlin, respecting Mr. E. von Weber's prejected German Colony in South Africa. I have, &c. Sir G. C. Strahan. (Signed) KIMBERLEY. No. 5. DANIEL DE PASS, Esa., to COLONIAL OFFICE. 128, Leadenhall Street, City, SIR, July 13, 1883. T sec to draw your attention to an announcement in the “ Daily News” of yesterday, under South African news by wire transmittor, dated from Cape Town, July 9th. Tat “ Angra Pequena harbour, on the West Coast, between Namaqualand and “© Damaraland, has been bought from the Natives, and occupied by a German trading * company, wnder an alleged guarantee of the German Government. Possession has “© been taken of some miles inland.” In September 1863 I became part owner of land extending from Angra Pequena to Baker’s Cove, coastwise and inland about 55 miles, by grant, duly executed by David Christian, the acknowledged chief of that territory, and which deed was further confirmed by 12 other chiefs and members of the Raad. I have been concerned as a lessee in the Ichaboo group of guano and seal Islands, of which Leng Island, Penguin Island, and Seal Islands are in the harbour of Angra Pequena, the former less than halt a mile from the mainland, and which became British territory on the 21st day of June 1861. After submitting the facts of my interest in the localities mentioned, I should be obliged by your acquainting me if you have any authentic information on the subject, and if not if you would ascertain from the Cape the exact nature of this report. ‘ I have, &c. : : The Under Secretary of State, (Signed) DANIEL DE PASS. Colonial Office. * Not printed. tT No. 3. 410517. B 10 No. 6. COLONIAL OFFICE to DANIEL DE PASS, Ese. Sir, Downing Street, July 21, 1883. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 13th instant,* and'to inform you in reply that no information has been received by this department as to an alleged German settlement at Angra Pequena, but that due inquiry will be made as to the truth of the report. Iam, &c. Daniel de Pass, Esq. (Signed) JOHN BRAMSTON. No. 7. The Ricut Hon. rue EARL OF DERBY to THE OFFICER ADMINISTERING THE GOVERNMENT or tHe CAPE OF GOOD HOPE. SIR, Downing Street, July 26, 1883. I rransmrr to you an extract from a telegram which appeared in the “ Daily News” of the 12th instant, stating that Angra Pequena harbour had been bought by a German company under an alleged guarantee from the German Government, and also a copy of a letter* which I have received on the same subject from Mr. de Pass; and I have to request that you will furnish me with any information you may be able to obtain as to the matter in question. I have, &c. The Officer Administering the Government. (Signed) DERBY. Enclosure in No. 7. Exrract from the “ Datty News,” dated 12th July 1883. Ancora Pequina harbour, on the West Coast, between Namaqualand and Damara- land, has been bought from the Natives, and occupied by a German trading company, under an alleged guarantee of the German Government. Possession has been taken of some miles inland. No. 8. Messrs. DE PASS anp CO. to COLONIAL OFFICE. 128, Leadenhall Street, London, Sir, August 20, 1883. On 13th ultimo* our Mr. D. de Pass wrote you on the subject of the establishment of a German trading company at Angra Pequena Harbour under an alleged guarantee of the German Government, as reported in the “ Daily News” of 12th ultimo, and we hope soon to learn the result of the inquiry you promised to make as to the truth of the statement. We now beg to draw your attention to the enclosed cuttings from the “ Standard’ of Saturday last and the ‘South African” of 16th instant, giving further particulars. We have at the present moment in the English Channel a cargo of guano from the islands in the harbour of Angra Pequena, these islands having been annexed to the Cape Colony in 1861, and a lease granted by the Governor of the Colony for the collection therefrom of guano and other produce, so that our interests in these islands are of considerable value. ts We are, &c. igned) DANIEL DE P The Under Secretary of State ene CHARLES H. DSS. i for the Colonies. * No. 6. Ll Enclosure in No. 8. Tue First German Corony. (From our Correspondent.) Berlin, Friday Night. Tue Bremen firm which has acquired the Bay of Angra Pequena, in South Africa, the first colony of Germany, has just sent thither a small schooner of forty-two tons for the purpose of opening up regular communication between the little colony and Cape Town. ‘The pioneers are to buy a strip of land stretching 12 English miles inland from the coast. The entire area of the territory acquired comprises about 350 English square miles. The German Press, which was disappointed by the rejection of the Samoa Bill by the Reichstag last year, expresses great satisfaction at the consent of the German Government to protect the infant Colony, and to allow the German flag to be hoisted over it. The semi-official “‘ Post” declares that this is the most practicable kind of colonisation, because it avoids international difficulties. In spite of the state- ment made by Count Hatzfeldt to Lord Ampthill, that the German Government avoids giving any encouragement to emigration, the ‘ Post”’ is convinced that, if Germans will promote the increase of German manufacturing industry by founding commercial colonies, they will not lack the powerful protection of the Imperial Government. “Sourn Arrican,” 16th August 1883. Ancora Pequena.— The new German colony on Angra Pequena Bay is stated to comprise 150 square miles, extending inland five miles from the coast. The bay contains good anchoring ground protected by three islands. The Bremen firm, which purchased the territory from the Hottentots of Betham Station, intends to work copper and other mines, and trade with the Natives. It is also reported that the Germans will shortly make a further acquisition on this coast.—Daiiy News. No. 9. J. S. CHRISTOPHER, Ese., to COLONIAL OFFICE. Morden College, Blackheath, My Lorp, August 21, 1883. I venture to draw your attention to the letter in the “Standard” of this day, respecting the statement that Germany intends to take possession of Angra Pequena, and territory in South Africa. GERMAN COLONISATION IN SouTH AFRICA. To the Editor of the Standard. Sir,—With reference to a letter which appeared in the “Standard” of Saturday last (18th inst.) from your correspondent at Berlin, relative to the acquisition of the Bay of Angra Pequena by a firm at Bremen, I beg to inform you that the same, including the coast to Baker’s Cove and the copper mines in the interior, was purchased by Messrs. de Pass-Spence & Co., Cape Town, twenty years since, from the paramount Chief, with the consent of his council (Raad) and cognisance of the missionaries residing in Nama- qualand, and subsequently sold by the same firm to the Pomona Silver Mining Company, Cape Town. ; Iam, Sir, your obedient servant, Mavrice JosEPH. 78, Marine-parade, Worthing, August 20. I will not repeat the letter, but beg to mention that I understood the whole territory from Walfisch Bay to Orange River (including Angra Pequena) was taken possession of by England in 1877 and 1878. The products of the Namaqua copper mines have for years past amounted to about 500,000/. This is paid for in exports from this country to an equal amount, and one half of the British exports is British labour. So that if we allow Germans and French to tap our trade there or anywhere else, we do a damage to B2 12 the labourers of England, and cutting-off, or allowing their trade to be cut off, we tend to drive them to the workhouse. Tam, &c. The Right Hon. the Earl of Derby, (Signed) J. S. CHRISTOPHER. &c. &e. &e. No. 10. COLONIAL OFFICE to MESSRS. DE PASS & CO. GENTLEMEN, Downing Street, August 30, 1883. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 20th instant* on the subject of the establishment of a German trading company at Angra Pequena, South Africa, and to acquaint you that there has not yet been time for a reply to arrive from the Governor of the Cape, who has been asked to report on the matter. As regards the islands in the bay, it is not understood that there is any report of alleged German interference with them. Tam, &c. Messrs. De Pass & Co. (Signed) R. H. MEADE. No, 11. The OFFICER ADMINISTERING THE GOVERNMENT or roe CAPE OF GOOD HOPE to the Rieut Hon. toe EARL OF DERBY. (Received September 4, 1883.) Government House, Cape Town My Lorp, August 13, 1883. I nave the honour to enclose for your information an extract of a letter from the Resident Magistrate, Walfisch Bay, relative to a rumour that had reached him respect- ing the acquisition of Angra Pequena by a German company. I have, &c. (Signed) L. SMYTH, Lt.-General, The Right Hon. the Earl of Derby, Administrator and High Commissioner. &e. &e. &e. Enclosure in No. 11. Resrpent Macistrate, Walfisch Bay, to Unper Secrerary, Native Arrairs. Extract from Letter, No. 174, dated 26th July 1883, from the Resident Magistrate of Walfisch Bay, addressed to the Under Secretary for Native Affairs, Cape Town. “¢ A report has reached the Settlement that two ships with a party of Germans have arrived in Angra Pequena in charge of a Mr. Vogelson, that he has purchased the port from the Chief of Southern Namaqualand for 100 guns, a quantity of powder and lead, and 200/. sterling, and has opened up a trade with these people and supplied them with goods of all kinds at two months’ credit, warning them that, if payment is not then forthcoming, he and his party will enforce it. I do not vouch for the correctness of this report, and think it should be taken cum grano salis; but, in your communication -of 30th May last, and replied to by me on 19th June, my attention is there drawn toareport of a distribution gratis of a large quantity of ammunition to the Southern ‘Namaquas. This may account for the rumour which reached you, and which called forth the letter already referred to. «Should the report of the arrival of these ships and the action taken by the head of the party turn out to be true, I am very much afraid that the Damara-Namaqua ‘war’? will be very much extended and prolonged, as, by what I can learn, the Southern Namaquas have little, if any, stock beyond the few they capture—and wine is soon consumed—from the Damaras. The only means, therefore, they (Namaquas) will have of paying Mr. Vogelson will be by raids on the Damara cattle posts, as hunt- ing is out of the question now in the unsettled state of the count hi i ; further bloodshed and loss of life.” ntry, which will lead to (Signed) J. Stmpson. * No. 8, {3 No. 12.. FOREIGN OFFICE to COLONIAL OFFICE. Foreign Office, September 6, 1883. _WirH reference to your letter of 3rd September 1880,* I am directed by Earl Granville to transmit to you herewith, to be laid before the Earl of Derby, copy of a despatch from the British Chargé d’ Affaires at Berlin respecting the alleged purchase by Herr Luderitz, a Bremen merchant, of territory in the Bay of Angra Pequena. and the attitude of the German Government with regard to such enterprizes. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Sir, Enclosure in No. 12. My Lorp, Berlin, August 31, 1883. In your Lordship’s Despatch of the 9th of September 1880, Lord Ampthill’s attention was called to an alleged project for founding a German colony in South Africa, and his Excellency was asked whether there was any likelihood of the scheme being officially supported by the German Government. In reply, Her Majesty’s. Ambassador stated that neither the German Government nor the German Parliament were at the time favourably inclined to emigration from the Empire, nor to the acquisi- tion of distant dependencies, however advantageous to national enterprise the latter might appear to be. I think it right to refer again to this question, as a short time ago the Press here published an account of the recent purchase from a Hottentot Chief by Herr Luderitz, a Bremen merchant, of territory in the Bay of Angra Pequena on the West Coast of South Africa, the extent of the territory being given at one hundred and fifty English square miles. In alluding to this purchase, the Press expresses its satisfaction at learning that the German Goveinment have accorded protection to Mr. Luderitz’s undertaking, but it is also clear that the amount of protection to be afforded is precisely what would be granted to any other subject of the Empire who had settled abroad and acquired property. It would be a mistake to suppose tbat the Imperial Government have any present intention of establishing Crown colonies, or of imitating, as the Press adds, the practice adopted by France of assuming a protectorate over any territory acquired by a French traveller or explorer. The German Government are opposed to any plan which might hamper their foreign relations, and I believe that what Lord Ampthill stated in his despatch, to which I have referred, is as true to-day as it was in 1880. It is impossible in time of peace to put a stop to emigration from Germany, and therefore the Government may not be disinclined to see it assume a shape which, with- out compromising Germany, may have a certain national character, and lead to the development of the increasing foreign trade of the Empire. I should mention that even in the Press the Luderitz enterprise is never alluded to otherwise than as a “ commercial colony ”—‘“‘ Handelsniederlassung.” T have, &c. The Earl Granville, (Signed) Joun WALSHAM. &e. &e. No. 13. Tue OFFICER ADMINISTERING THE GOVERNMENT or rm CAFE OF GOOD HOPE vo tue Ricut Hon. tae EARL OF DERBY. (Received September 12, 1883.) Government House, Cape ‘Town, My Lorp, August 20th, 1883. I wave the honour to acknowledge the receipt of your Lordship’s Despatch, of the 26th ultimo,+ forwarding an extract from a telegram which appeared in the “Daily News,” and a copy of a letter from Mr. de Pass, relative to the alleged acquisition of Angra Pequena by a German company. . ; * No. 2. Tt No. 7. B 3 14 lenclose for your information a copy of a letter on the subject addressed to the Premier by Mr. J. Spence, who represents the firm of De Pass, Spence, & Co. On the occasion of her last visit to Cape Town, Mr. Scanlen sent his private secretary, Mr. Newton, on board the “Sea Bird,” Mr. Spence’s vessel, for the purpose of ascer- taining the facts of the case. It appeared from the statements then collected by Mr. Newton that a considerable quantity of arms and ammunition had been landed at Angra Pequena by a German ship; but the statements respecting the rights which had been acquired by the German company, or its representative, Mr. Liideritz, were sO vague and uncertain that [ delayed communicating with your Lordship until more accurate information could be obtained. Since the return of Admiral Salmon from Natal I have had an opportunity of con- ferring with him, and have arranged that a gunboat shall leave shortly for Angra Pequena, and that her commander shall furnish a report from St. Helena. The Premier agrees with me in thinking it advisable that steps should be taken to ascertain exactly what is being done by the German traders, and that apart from the value of obtaining correct information on that head the appearance of a British man-of- war off the coast has a beneficial effect on the natives. This was apparent when a gunboat last visited Walfisch Bay. I have, &c. (Signed) L. SMYTH, Lieut.-General, The Right Hon. the Earl of Derby, Administrator and High Commissioner. &e. &c, &e. i Enclosure in No. 13. Mr. J. Spence to Hon. T. C. Scanuen, Colonial Secretary. Sir, Cape Town, August 17, 1883. I wave the honour to bring to your notice that a German company, represented by a Mr. F. A. E. Luderitz, has commenced a trading establishment at Angra Pequena, and from information gathered from Captain Peterssen of the “Sea Bird,” and Captain Williams of the “ Lilla” (both vessels owned by me), Jarge quantities of gunpowder have been landed at the above place, and, as I hold the leases of islands very near this part of the mainland (ubout 100 yards from the shore), I feel constrained to bring this to your notice, knowing that traders are not allowed to take any from here. I enclose copy of my letter to Mr. Luderitz, and beg to give you this information with a view of obtaining your protection to the lessees, whose interest I represent, and to mention that otherwise considerable loss will ensue, for which I shall have to make a claim on the Government. I have, &c. The Hon. T. C. Scanlen, (Signed) J. SPENCE. Colonial Secretary. Mr. J. Spence to Mr. Lupenrirz. Sir, Cape Town, August 18, 1883. I am informed by Captain Peterssen of the “ Sea Bird,” and Captain Williams of the “ Lilla,” that you have established a business at Angra Pequena, upon a portion of the territory granted to my late firm (whose power I hold), De Pass, Spence, & Co. the object of which, I am told, is for mining. I must bring to your notice that my late firm alone have the right of mining in any part of the Chief David Christian's territory, within the dotted lines on the map herewith (for your inspection) by Captain Williams. I am further advised that your being stationed at Angra Pequena, and frequently out in the boats and visiting the islands, leased to me by the Imperial Government will materially interfere with the guano deposits made on those islands. Such beine the case, and the Colonial Government having taken over those leases, I must intimate to you that I will have to lodge a complaint against you to the Government. Iam, &c. F. A. E. Luderitz, Esq, (Signed) J. SPENCE. Angra Pequina. 15 No. 14. The Rieut Hon. ror EARL OF DERBY to rue OFFICER ADMINISTERING THE GOVERNMENT or tue CAPE OF GOOD HOPE. SIR, Downing Street, September 18, 1883. I uave the honour to acknowledge the receipt of your Despatch of the 20th ultimo,* with its enclosure, reporting that arrangements had been made for sending a gunboat to Angra Pequena to obtain information respecting the proceedings of German traders there. I shall defer making any observations on the matter until I receive the report which is to be furnished by the commander of the gunboat. Meanwhile, I transmit for your information a copy of a letter} from the Foreign Office, forwarding a copy of a despatch from Her Majesty’s Chargé d’Affaires at Berlin on the subject. I have, &c. The Officer Administering the Government. (Signed) DERBY. No. 15. FOREIGN OFFICE to COLONIAL OFFICE. Sm, Foreign Office, September 22, 1883. I am directed by Earl Granville to transmit to you herewith, to be laid before the Earl of Derby, copy of a Pro Memoria ieft at this office by Baron Plessen, the German Chargé d’Affaires, in which inquiry is made as to whether Her Majesty’s Government claim the suzerainty over the Bay of Angra Pequena. In leaving this memorandum, Baron Plessen explained that he was instructed only to ask for the information as to the suzerainty of England over Angra Pequena unofficially, for the private information of his Government, who would also be glad to know, in case the suzerainty exists, on what grounds it rests. Baron Plessen also asked im the same unofficial manner what view Her Majesty’s Government would take of the proceedings of M. Luderitz, who proposes to establish a trading establishment on the Bay of Angra Pequena, and whether they had any objection to them. [ am, &c. The Under Secretary of State, (Signed) PHILIP W. CURRIE. Colonial Office. Enclosure in No. 15. (‘Translation.) Memoranpum. Communicated by Baron Plessen, September 10, 1883. F. A. E. Luderitz, of Bremen, merchant, a subject of the German Empire, intends to establish factories on the coast territory between the Orange River and the Little Fish River on the West Coast of Africa. It appears from his statements that in April last he acquired by purchase from a Hottentot chieftain an area of about 150 English square miles on the Bay of Angra Pequena in South-west Africa, and that in the month of August he embarked with a staff of workmen for Cape Town, with the view of proceeding thence to Angra Pequena, and further into the interior. _ Since the project of Luderitz has been the subject of considerable discussion in the German as well as in the English Press, being last mentioned in an article in the “ Times” of the Ist of this month, it is the desire of the Imperial Government to be informed whether Her Majesty’s Government claim the suzerainty of the Bay of Angra Pequena. * No. 13. t No. 12, 16 No. 16. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, October 2, 1883. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 22nd ulto.,* and its enclosure, respecting the sovereignty over the Bay of Angra Pequena. 2, I am desired, in reply, to transmit to you, to_be laid before Earl Granville, copy of a correspondencet that has passed between this Department, Mr. D. De Pass, and the Administrator of the Government of the Cape Colony, in connexion with this subject. It will be observed from Mr. De Pass’ letter of the 13th July{ that he claims to have prior rights of purchase over the territory, or parts of it, stated in the enclosure to your letter to have been acquired by M. Luderitz; and Lord Derby would suggest that this might be intimated to the German Government. I am to add that the islands adjacent to Angra Pequena have been annexed to the Cape Colony, as will be seen by the enclosed copy of Letters Patent,§ dated 27th February 1867. 3. Lord Derby proposes, with Lord Granville’s concurrence, to intimate to Mr. De Pass that any further communication on this subject should be addressed to the Foreign Office. I am, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 17. The OFFICER ADMINISTERING THE GOVERNMENT orf true CAPE OF GOQD HOPE tothe Ricur Hon. tar EARL OF DERBY. (Received October 8, 1883.) Government House, Cape Town, My Lorn, September 17, 1883. Wiru reference to my Despatch of the 20th ultimo,|| I have the honour to enclose, for your information, a copy of a letter from the Rear-Admiral Commanding- in-Chief, covering an extract from a report by Lieutenant-Commander Sanders respecting the action of certain German traders at Angra Pequena. 2. The guano islands referred to in Mr. Sanders’ letter form a portion of those annexed to Her Majesty’s dominions by Captain Forsyth, of Her Majesty’s ship “ Valorous,” on the 5th May 1866, and afterwards annexed to this colony by Act No. 5 of 1874 and Sir Henry Barkly’s proclamation of 8th July 1874, in accordance with Letters Patent dated 27th February 1867. 3. Since receiving Mr. Sanders’ report I have had an opportunity of meeting Mr. Liideritz, the manager of the German trading company, and I learn from him that he has no intention of setting up any claim to the guano islands, or to any portion of them; nor does he make any claim to have purchased the waters of the bay, as was erroneously stated to Mr. Sanders. The words “five miles in every direction” occur in the agreement, hence probably Mr. Wagner’s mistake. ; 4, The statement made to Mr. Radford by a native “ that it was one of the conditions of the sale that Radford was to be allowed to remain,” does not seem to be borne out by the terms of the deed of sale, an attested copy of which was shown to me be Mr. Luderitz. y 5. It would appear, tov, that the hauling down of the flag which had b i hoisted at Mr. Radford’s store was not ie as anal more than en ae proprietary rights, and I think this view of the case is borne out by the account iven to Mr. Sanders. i als 6. Mr. Luderitz assures me that he is anxious to respect all pre-existi i he adds that on the occasion of his visit to the German ee Die tere an ie the sanction of the German Government would only be given to his project if it did t interfere with the rights of any European power. = 7. Should this German settlement take root and prosper, Mr. Luderitz said that a steamer would come out and run regularly between Angra Pequena and Cape Town. This could not, I imagine, fail to disturb the bird the j : spoil the guano trade. tds on the islands in the bay, and * No, 15. + Nos. 5, 6, 7, 8, 10, 11, 18, and 14. t No. 5. § Not printed. | No. 13 17 8. Mr. Vuderitz informed me that he had been five years on the west coast of Mexico, where the coast had a similar waterless appearance to that of Angra Pequena, but that he had bored a well which produced abundance of good water, and that he anticipated little difficulty in doing the same at Angra Pequena. . 9.. Moreover, I was told that the Bushmen a short way inland readily procure good water, though they keep all information respecting it to themselves, and it is possible that water which has long disappeared from the surface in the interior percolates towards the coast under the sand, very much in the manner that it does from Algeria into the Sahara Desert, where the Tonaregs are always able to obtain it, though white people would not know where to look for it. I have, &c. (Signed) L. SMYTH, Lieut.-General, The Right Hon. the Earl of Derby, Administrator and High Commissioner. &e.. &c. &c. Enclosure in No. 17. Rear-ApmiraL Commanpine to ADMINISTRATOR. “ Boadicea,” at Simon’s Bay, Sir, September 11, 1883. I nave the honour to forward, for your Excellency’s information, a copy of the report made to me by Lieutenant Sanders, commanding Her Majesty’s gunboat * Starling,” of his visit to Angra Pequena. I have approved of Lieutenant Sanders having left an English flag to be hoisted on Penguin Island in the event of a visit of a foreign ship of war. I have, &c. (Signed) Nowe. SaLmon, His Excellency Lieutenant-General Rear-Admiral and the Hon. Leicester Smyth, C.B., Commander-in-Chief. Administrator and High Commissioner. Revort of Lieutenant F. W. Sanpers. Extract from Lieutenant Sanders’ Report of Proceedings of H.M.S. “ Starling,” dated-at Simon’s Bay, 10th September 1883. ** T arriveD in Robert Harbour, Angra Pequena, the afternoon of the 8th instant, and found the German flag flying at the company’s store. —— “J regret very much that the manager, Mr. Vogelsang, was absent with the waggons in the interior, and was likely to be absent for some days. ‘In his absence, I called on the only representative of the company there, a young, intelligent gentleman named Wagner. “From him I ascertained that the company had purchased the bay from the chief at Bethany, Joseph Frederick, five miles north of the north limit, and five miles south of the southern limit, and five miles inland from the store which is on the beach. Sub- sequently, on board, I asked him to define more precisely the limits, which he then defined as follows :— «‘ Five miles north from North-East Point. «Five miles south from Diaz Point. « Five miles east from the store. “« And five miles to seaward from the store. 7 “TJ then pointed out to him the anomalous position that now existed (he ; had previously informed me that the harbour had been placed under German protection), namely, the coast line belonging to Germany and the islands in the bay, forming a great art of the harbour, belonging to England, as part of the Cape Colony, when he at once stated that the islands in the bay were included by the chief in the sale, and that they i o claim them. ; oe out to him, in my ‘sailing orders,’ the paragraph which refers to ‘the islands in the Bay belong to the Cape Colony,’ but he seemed not at all inclined to forego what he appears to think is their just claim by purchase from the Chiez. “I told him that the Chief had only power to sell what belonged to him and as these islands were annexed by the ‘ Valorous’ in 1867 or 1868, in the name of Her most Gracious Majesty, the Chief could not sell them in 1883. — : «‘ Winding that he did not seem at. all willing to waive the point, and he having previously told me that he was expecting a German man-of-war, in a week or 10 days, 410517. Cc 18 from Cape Town, I was anxious to get an assurance that, when the German ship arrived, no steps should be taken in the way of attempting to take possession of the islands, or to remove the caretakers, without previously referring the matter to higher authorities for settlement. . “He would not give any guarantee, and, perhaps, did not feel he had sufficient authority to do so, but simply stated that he did not think the German man-of-war would do so. “Under the circumstances, and in view of possible contingencies, I deemed it advisable to give an English Ensign to the Caretaker on Penguin Island, and gave him instructions to hoist it, should a German man-of-war arrive, that there might be uo mistake as to the Island being British Possession. “ Originally, when the Islands were annexed by the ‘ Valorous,’ a board was put up on each island, recording the fact, but while the board remains on most of the islands the writing is quite obliterated. As the question had now assumed a serious phase, and considering that serious complications might arise, I deemed it advisable to proceed with all despatch to rejoin your Flag, to acquaint you with the facts of the case, and more especially as the German. man-of-war expected at Angra Pequena, calling at Table Bay on her way, might be communicated with before leaving for that place, if considered advisable, were I to arrive at Simon’s Bay prior to her departure, and thus any difficulty arising on the spot might be prevented. “Tt seems certain that the Company will make the most of the presence of a man- of-war in establishing themselves, knowing that it may probably be some time before they will see another. “I would observe that, although we differed widely in our views, still all the con- versation was carried on in a most friendly spirit, and finding that they were nearly out of fresh water, their only supply being from Cape Town, owing to the non-appearance of the coasting vessel ‘ Louis Alfred,’ which left Table Bay a month ago with supplies, and has not arrived (I fear she must be lost), I supplied them with half a ton before leaving. «As regards the business being done by the Company, as yet the Company is oniy in its infancy, so to speak, and the business transacted so far has been the purchase of the land for 100/. cash, and 200 rifles; over the latter part of the bargain there is, I believe, still a dispute. “The Germans gave them German Sniders and Prussian needle-guns, and the Hottentots object to German arms, preferring the Euglish weapon, but, as there was no stipulation to that effect in the agreement they will probably have to take what they can get. As to the amount of ammunition given I could gather no information, but as regards trading with the Natives they have done hardly anything as yet. “They have opened up communication with Bethany by bullock-waggon. The journey to that town is across a barren sandy desert, and takes from six to eight days by bullock-waggon, and four on horse-back. As yet they are only carrying up material for building stores at their various trading stations, of which Mr. Wagner informed me they have now three, Bethany and two others, some two days distant from that place. ‘They expect to get ostrich-feathers, ivory, cattle, and sheep, in exchange for the trade they import. ‘The various traders, and they are several, with whom I have conversed on the subject, are unanimous in the opinion that the Company will sink a great deal of money, and eventually have to abandon the undertaking. One man especially, a very intelligent superior stamp of man, who has been trading inland around Bethany, and whom I met when on my way to Ookiep, told me that he had tried landing trade at Angra to avoid paying customs at Port Nolloth, but had found that it paid him better to pay the duties and land his trade at Port Nolloth, and thence convey it by waggon across the Orange River to Bethany.” “ All the traders seem agreed that Namaqualand is a very poor country, that the ostriches are fast disappearing from the country, and that ivory is very scarce.” “ Making allowance for their being, perhaps, rather sore at a German company coming in and getting such a start, and taking into consideration that German traders are a shrewd and pushing race, and that Mr. Vogelsang is not exactly a novice in the business, but has been some years at Lagos, also that apparently they have capital to fall back on, it still seems to me doubtful whether they will make it a paying business unless they should be fortunate enough to hit on something in the way of mines, hich could be made to pay.’ ** With reference to that part of your instructions as to the Company fri in birds, I am glad to say there is no complaint in any way by ihe cela Pig ae contrary, the caretakers say they have been most thoughtful in this respect, and, : ; d on one occasion, when they were firing at a target on the mainland and the caretakers re marking 19 that at certain times of the year firing would tend to frighten the birds, they at once discontinued firing. “ Before leaving Table Bay I received a note from the private secretary to His Excellency the Governor, with two enclosures, asking me to make inquiries as to the origin of the rumour that the Germans had hauled down the British flag in Angra Pequena, and hoisted the German flag in its place. “The day after my arrival at Angra, I went in search of an English trader named Radford, who lives in the deep arm at the south of the harbour, which is called the Lagoon. He has been trading in this neighbourhood for the last twenty-one years. He Is anything but an intelligent man, and may be classed among the lower class of traders. He seems to have originally settled here without making any purchase in the way of land, built a store, and opened communication by waggon with Bethany, where he has a breeding station for cattle, but he confesses that he only just pays his way. It was at his store that the British flag appears to have been hoisted, while he was absent at Bethany, by Captain Peterson, of the schooner ‘ Sea-bird,’ on what ground I cannot quite see. However, on Radford’s return, the Germans sent to tell him the land belonged to them, and that he must haul the flag down, and as he declined to haul it down, they hauled it down themselves. (Signed) F. W. Sanpers. No. 18. COLONIAL OFFICE to FOREIGN OFFICE. SIR, Downing Street, October 12, 1883, Wir reference to the letter from this Department of the 2nd instant,* I am directed by the Earl of Derby to transmit to you, for the information of Earl Granville, a copy of a despatcht from the Officer Administering the Government of the Cape Colony, forwarding a letter from the Rear-Admiral Commanding-in-Chief, with an extract from a Report by Lieut.-Commander Sanders respecting the action of certain German traders at Angra Pequena. Tam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 19. Tue OFFICER ADMINISTERING THE GOVERNMENT or tue CAPE OF GOOD HOPE to the Rigor Hon. roze EARL OF DERBY. (Received October 19, 1883.) ‘TELEGRAPHIC. 19th. Ministers inform me, party English traders start to-morrow morring for Angra Pequena: it is said with intention of expelling Germans recently established there. Please instruct me. No. 20. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 22, 1883. I wave laid before Earl Granville your letter of the 20th instant,{ inclosing a copy of a telegram from the Administrator of the Cape Colony, reporting that a party of English traders were about to start for Angra Pequena with the intention, as it was stated, of expelling the Germans recently established at that place. * No. 16, f No. 17. Not printed. C 2 20 Iam now to request that you will state to Lord Derby that Lord Granville would suggest, if his Lordship concurs in such a course, that 2 gunboat should be ordered by telegram to proceed to the spot, to prevent a collision, and also to report upon the actual state of affairs. I am to add, that, upon receipt of your previous letter of the 2nd inst.,* Lord Granville had given directions for a, short memorandum to be prepared for communication to the German Ambassador at this Court, in regard to Mr. de Pass’s prior claim to a certain portion of the territory on the mainland of Angra Pequena, stated to have been acquired by Mr. Luderitz. Iam, &c. The Under Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office. No. 21. Tre Ricut Hon. tae EARL OF DERBY to the OFFICER ADMINISTERING cue GOVERNMENT or tHe CAPE OF GOOD HOPE. TELEGRAPHIC. October 22, 1883. Yours 19th.+ Gunboat should proceed to prevent collision, and report. No. 22. COLONIAL OFFICE to ADMIRALTY. Sir, Downing Street, October 22, 1883. Wrirn reference to the letter from this Department of the 20th inst..f I am directed by the Earl of Derby to acquaint you, for the information of the Lords Com- missioners of the Admiralty, that with the concurrence of Earl Granville, he has caused the following telegram to be sent to the Officer Administering the Government, Cape Town :—‘ Yours, 19th. Gunboat should proceed to prevent collision and report.” I am to request that their Lordships will give the necessary instructions by telegraph to the Admiral on the station. I am, &c. The Secretary to the Admiralty. - (Signed) EDWARD WINGFIELD. No. 23. ADMIRALTY to COLONIAL OFFICE. Str, Admiralty, October 23, 1883. _[am commanded by my Lords Commissioners of the Admiralty to request that you will state to the Earl of Derby that, in accordance with the request contained in your letter of 22nd inst.,§ the Commander-in-Chief at the Cape of Good Hope has been instructed by telegraph to send H.M.S. “ Boadicea,” on the requisition of the Officer Administering the Government at Cape Town, to Angra Pequena, to prevent a cae between English and German settlers, and with orders to report the state of affairs. . Iam, &c. The Under Secretary of State Sj : for the Colonies. (Signed) G. TRYON. * No. 16. tT No. 19. : i Not printed. ir No. 22, 21 No. 24. ADMIRALTY to COLONIAL OFFICE. Sir, Admiralty, October 21, 1883. _Witn reference to my letter of the 23rd instant,* | am commanded by my Lords Commissioners of the Admiralty to request that you will state to the Ear! of Derby that the following telegram has this day been received from the Commander-in-Chief ‘at the Cape of Good Hope. “H.M.S. ¢ Boadicea’ sailed for Angra Pequena.” I am, &c. The Under Secretary of State, (Signed) G. TRYON. Colonial Office. No. 25. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, October 24, 1883. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 22nd inst.,t relating to the reported expedition to Angra Pequena, and I am te transmit to you in reply, for the information of Earl Granville, a copy of a telegramt which was sent on the 22nd inst. to the Officer Administering the Government, Cape Colony, together with a copy of a letter,§ which has since been received from the Admiralty, stating that H.M.S. “ Boadicea’’ had been directed to proceed to Angra Pequena to prevent a collision, and to report the state of affairs. Iam, &c. The Under Secretary of State, (Signed) EDWARD WINGFIELD. Foreign Office. No. 26. Tue OFFICER ADMINISTERING THE GOVERNMENT or tue CAPE OF GOOD HOPE tothe Rieur Hon. raze EARL OF DERBY. (Received October 30, 1883.) Government House, Cape Town, My Lorp, October 8, 1883. I wave the honour to enclose, for your information, a copy of a Minute which I have received from Ministers, forwarding papers connected with the case of a Hottentot named Frederick, and calling attention to the present anomalous position of the Walfisch Bay territory. This territory, although annexed to Her Majesty’s dominions, has not been annexed to any Colony or possession of Her Majesty; nor has any Governor or Administrator been appointed. It is in fact in a position somewhat analagous to that of the St. John’s River territory, previous to the issue of the Commission bearing date 27th July, 1881, excepting that as the Walfisch Bay territory is to the north of the 25th parallel of south latitude, the Act 26 & 27 Vict. c. xxxy., does not apply. There is therefore no legal means of administering justice within the territory; and although the magistrate exercises quasi judicial functions, he does so under anomalous conditions which might at any time lead to complications. I have, &c. (Signed) L. SMYTH, Lieut.-General, The Right Hon. the Earl of Derby, Administrator and High Commissioner. &e. &e. &e. * No. 23. + No. 20. ' £ No. 21. § No. 23. Enclosure in No. 26. Ministers to ADMINISTRATOR. Colonial Secretary’s Office, Nk Cape Town, Cape of Good Hope, ; October 3, 1883. Ministers have the honour to forward for the information of his Excellency the Officer Administering the Government depositions and correspondence* relating to the case of’ one Frederick, a Hottentot, charged with the crime of murder, committed in the settlement of Walfisch Bay. This settlement, situate about 23° of south latitude, was annexed to the British deminions by proclamation of Commander Dyer, R.N., dated 12th March, 1878 (Blue Book, c. 2144, pp. 6-8.) It has not been annexed to the Cape of Good Hope, but its internal affairs are managed by an officer appointed and paid by the Government of the Colony. Up to the present time no code of laws has been applied to the territory, but, so far as the European portion of the community (an exceedingly small one) is concerned, no difficulty seems to have been experienced in preserving order. About the beginning of June 1882, the accused Frederick shot one Parnkap, a Damara. If the witnesses are to be believed, a deliberate and unprovoked murder was committed. It has been ascertained, moreover, that the scene of the crime is some miles from the shore and clearly within the limits defined by Commander Dyer. A very great difficulty now arises as to the trial of the case, as there is no tribunal in Walfisch Bay competent to hear it, and no Court in this Colony has jurisdiction in the matter. The accused cannot be detained in custody here, for he would be discharged on any application which he might make for a habeas corpus, or at one of the periodical gaol deliveries. On the other hand, his release would be a most dangerous confession of impotence in the face of the uncivilized tribes adjacent to the settlement. None of the statutes, 12 & 13 Vict. c. 96; 18 & 19 Vict.c. 91. s. 21; 26 & 27 Vict. c. 35; 44 & 45 Vict. c. 69. s, 35, conferring extraordinary jurisdiction on Colonial Courts, meet the case. The Act 26 & 27 Vict. c. xxxv., applies only to offences committed : (a.) By British subjects. (6.) South of the 25° of south latitude. (c.) In territory not within the jurisdiction of any civilized Government, not one of which conditions is fulfilled in the present case. Under these circumstances, Ministers request that his Excellency will bring the matter to the notice of Her Majesty’s Imperial Government, with a view to the introduction of some legislation to remedy the defect. (Signed) Tuomas C. Scanuen. No. 27. Rear Apmiran NOWELL SALMON, C.B., to ADMIRALTY. TELEGRAPHIC. 2 Nov.—“ Boadicea”’ returned. No collision between traders. * Not printed. No. 28. The OFFICER ADMINISTERING THE GOVERNMENT orf tas CAPE OF GOOD HOPE to the Ricur Hon. tas EARL OF DERBY. (Received November 15, 1883.) Government House, Cape Town, My Lorp, October 23, 1883. Wrrn reference to your Lordship’s telegram of the 22nd instant,* I have the honour to enclose for your information a copy of a letter which I have addressed to Admiral Salmon, requesting him to dispatch a man-of-war to Angra Pequena. Information which I have received from Captain Spence, the owner of the schooner “Sea Bird,” would seem to show that the English traders did not sail in that vessel as was anticipated by Ministers at the time I sent my telegram of the 19th instant.t It would seem, however, that Messrs. Luderitz & Co. lay claim to the whole of the harbour of Angra Pequena, and that the portion to the south of a line drawn due east from Angra Point is also claimed by an English firm. I am informed that a body of English traders from inland intend to assert their right to land goods at this part of the harbour, and it is feared that a collision may possibly take place should the German traders ‘oppose the landing. I have, therefore, asked Admiral Salmon to instruct the captain of the vessel which he may send to use every effort to prevent such collision. I have, &c. (Signed) L. SMYTH, Lieut.-Gen., The Right Hon. the Earl of Derby, Administrator and High Commissioner. &e. &e. &e. Enclosure in No. 28. ADMINISTRATOR AND Hig Commissioner to Rear ADMIRAL. Government House, Cape Town, Str, , October 23, 1883. I nave the honour to enclose, for your information, a copy of a telegram} which Ihave addressed to the Secretary of State relative to the action of certain English traders, who are supposed to be on their way to Angra Pequena. 2. I enclose also a copy of the reply* which I have received, and I shall be glad if you feel yourself enabled to despatch a vessel to Angra Pequena, with a view to preventing a collision between the English and German traders at that port. 3. The information at my disposal is so imperfect that I am unable to suggest the precise instructions to be given to the Commanding Officer. A great deal must depend on the position of affairs he may find existing on his arrival. I would, however, point out that it is the desire of the Secretary of State to receive a report, and that every effort should be used to avert a collision between the English and German traders. 4. I think that if both parties toa dispute agree to accept arbitration, the captain might be instructed to offer it. He should also offer to receive and forward any protests or statements that may be given to him by either side. In the case of a dispute arising respecting the landing of cargo, he should explain to the German traders that he will accept and forward their protest, should they desire to make one, and he should use every means to induce them to avoid a collision. ae 5. As the schooner “ Sea Bird.” sailed from here last Sunday morning, and as it is desirable that a man-of-war should reach Angra Pequena as soon as possible after her arrival, I would suggest that the vessel which you may propose sending should he instructed to use all convenient despatch. I have, &c. (Signed) L. Smyra, Lieut. Gen., _ 3 Rear Admiral Nowell Salmon, V.C., C.B., Administrator and High Commissioner, Commander-in-Chief, Cape of Good Hope and West Coast of Africa Naval Station, &e. &e. &e. Simon’s Bay. * No, 21. tT No. 19. 24 No. 29. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, November 17, 1883. Wirs reference to your letter of the 2nd of October,* I am directed by Earl Granville to request that you will inform Her Majesty’s Secretary of State for the Colonies that the German Ambassador at this Court called yesterday at the Foreign Office, and stated that he was instructed by his Government to inquire whether Her Majesty’s Government claim any rights of sovereignty over the Bay of Angra Pequena an} adjacent territory, and if so, his Excellency begged to be furnished with a statement of the grounds on which Her Majesty’s Government base such claim. Lord Granville would be glad to be enabled to return an early answer to Count Minster’s inquiries. I am, &c. The Under-Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office. No. 30. The Ricut Hon. true EARL GRANVILLE, K.G., to His Excettency COUNT MUNSTER. M. i’ AmpassADEUR, Foreign Office, November 21, 1883. I wave been in communication with Her Majesty’s Secretary of State for the Colonies upon the subject of the inquiry which you addressed to me by order of your Government on the 16th instant, as to whether Her Majesty’s Government claim any right of sovereignty over the Bay of Angra Pequena and adjacent territory; and I have now the honour to state to your Excellency that although Her Majesty’s Government have not proclaimed the Queen’s sovereignty along the whole country, but only at certain points, such as Walfisch Bay and the Angra Pequena Islands, they consider that any claim to sovereignty or jurisdiction by a Foreign Power between the southern point of Portuguese jurisdiction at latitude 18 and the frontier of the Cape Colony would infringe their legitimate rights. Her Majesty’s Government are awaiting a report, which may possibly arrive during the course of the present month, from the naval officer who has lately visited Angra Pequena with a view to prevent any collision between the German traders who have established themselves there, and the British subjects, who have for a long time held a grant and concession on the mainland at Angra Pequena from the Chief of Great Namaqualand. They trust that it may be found practicable to make such arrangements as may enable the German traders to share in the occupation of the land at Angra Pequena, and, as.soon as the report to which I have alluded above is received, I shall have the honour of addressing to your Excellency a further communi- cation upon this subject. I have, &c. His Excellency Count Minster, (Signed) GRANVILLE. &e. &e. * No. 16, 25 No. 31. The OFFICER ADMINISTERING THE GOVERNMENT or tue CAPE OF GOOD HOPE to the Ricur Hon. trae EARL OF DERBY. (Received November 28, 1883.) Government House, Cape Town, My Lorn, November 6, 1883. I wave the honour to enclose, for your information, copies of two Minutes which I have received from Ministers calling attention to the present position of the port of Angra Pequena, and the unannexed territory on the west coast. T have, &c. (Signed) L. SMYTH, Lieut.-General, The a Hon. the Earl of Derby, Administrator and High Commissioner. Cc, &e. &e. Enclosure 1 in No. 31. Ministers to ADMINISTRATOR. (Mrnure.) Colonial Secretary’s Office, Cape Town, October 31, 1883. Ministers have the honour to forward, for the information of his Excellency the Officer Administering the Government, a letter from Captain John Spence, a merchant in this city, forwarding copies of two Deeds of Cession of a certain tract of country situate on the west coast of Africa, between Walfisch Bay and the boundary of the Colony, made in 1863 and 1864 respectively, and signed by David Christian, the Chief of the Bondezwart Hottentot tribe. Ministers do not think it necessary to make any observations, as to the validity or otherwise of these documents, which affect private rights beyond the boundary of the Colony; but they think it right to call the attention of his Excellency to the fact that the existence of such claims may very possibly affect the question which has been raised by the recent alleged purchase by German traders of land in the same locality. (Signed) Joun X. Merriman, Commissioner for Colonial Secretary Captain Spence to Hon. Jonn X. Merriman. Sir, Cape Town, October 29, 1883. Wirs reference to the report that certain German traders are about to settle at Angra Pequena, and to take possession of the adjacent territory, and that this measure is favoured by the German government, I beg to bring to the notice of his Excellency the Administrator of Government the fact that British subjects have for years been in possession of a valuable tract of country near Angra Pequena, under a grant from the native Chief, the late David Christian. I enclose copy of the grant, dated 21st September 1863, and the original,* for comparison. ; ; ; The lands were acquired by an English syndicate, with the object of developing the trade into south-western Africa, and to explore and work the mines of copper and silver which are known to exist in the locality. A large sum has been expended in prospecting and determining the existence of the minerals, and testing the quality, but more active operations have been for some time suspended until further means could be raised to construct available roads. ; But if the German Colony is |permitted to take possession of the country, without some protection to existing British interests being guaranteed, the proprietors of the tract of land in question will be deprived of the property which they have hitherto possessed, and on which they have expended a large sum of money. ' On behalf, therefore, of these proprietors, whose interest I represent, I respectfully bring their case to the favourable consideration of his Excellency, and to pray that he * Not received. 410517. 26 will be pleased to represent our case to the Imperial authorities, whose interposition we respectfully solicit with the German government. I have, &c. The Hon. John X. Merriman, : (Signed) J. SPENCE. Minister for Crown Lands and Public Works. Monday, September 21, 1863. I, Davin Currstran, the acknowledged Chief of the territory called Great Namaqualand, hereby grant to Captain B. Sinclair and his employers, Messrs. De Pass, Spence, & Co., of Cape Town, the tract of coast land from Baker’s Cove to Angra Pequena, and inland to the 15.50 degree of east longitude, and I affixed my signature to the same in the presence of witnesses. Further, I grant to them, and them only, the right of working mines for any kind of minerals in any part of my territory, binding myself to protect them, by force if need be, against any party or parties who may try to operate in the same way (viz., mining) and pre- vent them from so operating, unless De Pass and Spence, consent to their doing so, and a remuneration accepted by them, De Pass and Spence half of which I am to receive. (Signed) Davin CuristTIAN. Witness : (Signed) W. Goopman. 5 Gerorce Rosinson. i Isaac FREDERICK. To all to whom it may concern. Whereas David Christian, the Chief of the territory called Great Namaqualand, did, on the 21st day of September 1863, grant unto Captain Benjamin Sinclair, on behalf of his employers Messrs. De Pass, Spence, & Co., of Cape Town, Merchants, the tract of coast land fron Baker’s Cove to Angra Pequena, extending inland to the fifteenth degree, 50 miles of east longitude, or about 55 miles inland. And whereas I did further grant to them the sole and exclusive right of working mines for any description of minerals within the above-mentioned territory, under the guarantee of my protection against all attempts on the part of third parties to dispossess them of the same, or to interfere with the monopoly. I hereby granted to said De Pass, Spence, & Co., subject known to the conditions that, in case the said De Pass, Spence, & Co. shall consent to such third parties working mines in the before-mentioned territories, hereby granted, one clear half of the consideration, if any, paid by such third parties for such consent, shall be paid over to me. And I further grant to said De Pass, Spence, & Co. a certain mountain called ‘*Nambor Raphonberg,” with two miles of ground round base of said mountain. This mountain was inspected by Messrs. P. G. van der Byl, J. Spence, and B. Sinclair, in the month of December 1864, with the Captain (David Christian) and his Raad. : It is hereby further understood and agreed that the said De Pass, Spence, & Co. shall pay to Captain David Christain, or whom may succeed him, the sum of twenty shillings sterling per ton of 21 cwts. of copper ore that the said De Pass, Spence & Co. may ship from Angra Pequina or Pomona from the aforesaid mountain. : De Pass, Spence, & Co. shall have the right of working the mine at ‘ Nambor Raphonberg” for the term of forty years from this date. Executed at i Kuies, this 9th day of December, 1864. Witness to D. Christian’s mark :— Davin Curistran H. Krerv. ‘ Gerorce Rosrnson. We, the undersigned, approve of the foregoing agreement between Captai i Christian and Messrs. De Pass, Spence &, é,— pete ape JosepH X Francks. Tuomas X Kuaase. Perrus X Boy. Paut X Banram. JoHANNES X JACOB. SauL X FRancks. Isaac X FREDERICK. JoHannes X Mintz. Kuass X FRANcKs. Apam X Lampert, Lasanes X Bantan. Jos x By. Witness to the above marks of the meutbers of the Raad. (Signed) H. Krert. e GeorcE Rosinson. @aTsy oniaang wnt A gee SHUM Soe, “EL S8OLRD QTE ol f\ ‘d18] NOISSASSOd PISTOYY- OD AVG Hiaavzing i : 3 g vy ito aq Van oy d vuony t \ i me Ay QNVIS[ FOGVHO Ye it “pans : y AVG LOLNSLLOH 3% ta ieee eM (se-i/ 180 Nau) LNIAOD (|S SC801d3G 7A. HLt] Gizl4yaoNVG wi . Avg aggoy AL0 YVION PLOT * Fee eT : OL oi : s Ga o | i —— 87, 0 Av GT Svinnap syuen¥ wo eee oN e OQrAssvca rier a warreae +r 27 Enclosure 2 in No. 31. Ministers to ADMINISTRATOR. (Minvte.) Colonial Secretary’s Office, Cape Town, Cape of Good Hope, October 31, 1883. In returning the Despatch from the Right Honourable the Secretary of State for the Colonies, with enclosures on the subject of the settlement effected by certain German traders at or near Angra Pequena, Ministers have to express their thanks for the information afforded. It is impossible to ignore the complications which may arise from the creation of a rival interest in a country which has hitherto been considered as a kind of commercial dependency of this Colony, or from the inevitable interference in the intermiuable Native feuds which devastate that part of South Africa by Europeans who profess to acquire anything like a permanent footing in the country. __ The policy of the Colonial Government, which has been at different time approved by Her Majesty’s Government, has been to endeavour to regulate the supply of arms introduced through the south-west coast, and with this object, néer alia, in 1875 the Colonial Parliament consented to undertake the responsibility for the Government of Walfisch Bay, which after some delay was, in March 1878, with the full concurrence of the Right Honourable the Secretary of State for the Colonies, formally annexed to the British Empire, on the understanding that the expenses arising therefrom should be defrayed by the Colony. The tract of country then annexed consisted of the harbour of Walfisch Bay and a small rayon of surrounding country, and it has since been occupied by a magistrate, appointed by, and acting under the instructions of, the Government of the Cape Colony. Ferg short time after the annexation, a resident was appointed with the Damara chief at Okohandja, some distance in the interior, but this officer was withdrawn in consequence of complications arising out of inter-tribal disputes. . The coast between Walfisch Bay and the Orange River consisting as it does of shifting sand-hills, with one or two fairly commodious harbours, has never been formally annexed to the British Empire, unless the action to which allusion will be hereafter made, can be considered to constitute a formal act of possession. Certain small barren islets, valuable only for their guano deposits, lying a short distance from the mainland, were, however, annexed to the Colony in the year 1867, by a formal act of legislature, and the revenue derived from the lease of them has been paid into the Colonial Treasury. a The belt of sand-hills is pierced at one or two places by tracks, which give access to a less barren country inhabited by the Namaqua Hottentots, a congeries of small clans, some indigenous, others refugees from the Cape Colony, indolent, thriftless nomads, with a curious facility for adopting a queer travesty of European religion and forms of Government unknown to the Negroid tribes. sri ‘ The whole of the country is believed, from indications brought to light by superficial prospecting, to be surpassingly rich in mineral deposits, chiefly copper, though on the coast silver ore of great richness has been worked. _ The trade with the interior has hitherto been carried on either through Walwich Bay, or by traders who start from the Cape Colony and make their way inland from the several small harbours between that port and the mouth of the Orange River. In the years 1863 and 1864 a Cape Town firm, Messrs. De Pass, Spence & Co., purchased a tract of country, marked on the map annexed, extending from Angra Pequina for a considerable distance southward, with the mineral rights attached, from the Hottentot chieftain, who was the ruler of the horde occupying the part of the interior country adjacent to it. The deeds of cession, which have been forwarded under a separate Minute, appear to have been made with the consent of the representatives of the tribe, and to be regular as far as the chief's rights of disposal aoe fa a No attempt was made to obtain recognition of this cession from either t : mperial or Colonial Government, and beyond an effort that was made to develope a si ver mine on the coast, abandoned after a ie mea the rights of possession, whatever they ; suffered to lie dormant. ce ca this year a party of Bremen merchants appear to have purchased from a chief, who is in one report styled the Captain of Bethany, a piece of ground for D2 28 a trading station, at a price stated in one account as 100 guns and 200I. cash, in another as 200 guns and 100/. in cash. : ; This party has established itself, and reports have been freely circulated in the press that they have the protection and approval of the German Government in their enterprise. oo : 2 ; They are reported to have distributed a considerable quantity of ammunition gratis, and the Resident Magistrate of Walfisch Bay mentions a report, which has reached him, to the effect that they have supplied the Hottentots with goods of all kinds at two months’ credit, warning them that, if payment is not then forthcoming, it will be enforced. : Whatever the value of these reports may be, it is clear that the establishment of a trading station of this kind, must put an end to all hopes of any control over the import of arms and ammunition to South-western Africa, while, in other respects, the establish- ment of what is practically a free port will lead to a very great disturbance of the ordinary trade which has hitherto existed with the Colony. At the same time, the creation of separate proprietary rights may very possibly tend to complications and disputes, of an extremely inconvenient kind, among the different European interests on the coast. Ministers are glad to learn from the despatch and enclosures from the Right Hon. the Secretary of State for the Colonies, dated 18th September 1883, that the nature of the German enterprise has been considerably misrepresented, and that the undertaking may be looked on as a purely commercial and in no sense a national one. It is difficult indeed to imagine that any serious idea could have been entertained of establishing a Colony, in the ordinary sense, upon so inhospitable a spot, but it is quite within the bounds of possibility that, as an inlet for interior trade, or on account of the hitherto undeveloped mineral wealth, the possession of a territory on this coast might be of very considerable value. Ministers have thought it right briefly to call attention to the facts connected with this occupation, and to point out the grave consequences which will ensue from the unrestrained trade in arms and ammunition, and from the possible disputes between Europeans of different nationalities beyond the borders of any civilized jurisdiction, but yet sufficiently close to a very large and singularly mixed population, which is sure to take a lively interest in any quarrel] that may arise. They would venture to express their opinion that the present would be a suitable occasion to define more accurately than hitherto the position of this coast with regard to the exercise of sovereign rights. It appears that as far back as 1796, as reported by Commodore Blanket, a Captain Alexander, in Her Majesty’s Sloop “Star,” landed upon Angra Pequena—25° 40, Walfisch Bay—22° 50’, Wyndham Bay—16° 44’, and Alexander's Bay—15° 22’, takin formal possession of them in the king’s name, and that later, in the Convention iored at London on the 28th July 1817, between Portugal and England, the Portuguese possessions were defined as, upon the West Coast, extending between the 8th and 18th degrees of South Latitude, thus fixing the latter as the southern limit of the Portuguese Dominions. No attempt has hitherto been made to interfere with the claim of Great Britain to be considered the paramount power on the coast of South Africa, beyond and to the south of territory claimed by Portugal, but it seems desirable, in the event of contingencies, not unlikely to arise, that a more exact definition of the relation of the Imperial Governmert towards the sea-board of those territories not hitherto included in the jurisdiction of any civilized government should take place, even if such definition only takes the form of an assertion of a right, leaving the practical enforcement of it to be dealt with as circumstances may from time to time arise. (Signed) Joun X. MERRIMAN, Commissioner, For Colonial Secretary. Norte. CotonraLt Orrick Recorps. Carr or Goop Hore. 1796. Vol. 8. Str, ** America,” Table Bay, F ; ebruary 17, 1796. a es WHEN T had the honour to address you last, I mentioned to you that T had despataned Catia Alexander in His Majesty’s sloop “Star” to examine the coast to the northward. He returned yesterday, having pro- 29 No. 32. The OFFICER ADMINISTERING THE GOVERNMENT or rue CAPE OF GOOD HOPE to the Ricur Hon. tus EARL OF DERBY. (Received November 28, 1883.) Government House, Cape Town, My Lorp, November 6, 1883. Wirn reference to my Despatch of the 23rd ultimo,* I have the honour to enclose, for your information, a copy of a letter from Rear-Admiral the Commander- in-Chief, covering a copy of a report by Captain Church, respecting the position of affairs at Angra Pequena. I have, &c. : (Signed) L. SMYTH, Lieut.-General, The Right Hon. the Earl of Derby, Administrator and High Commissioner. &c. &c. &e. Enclosure in No. 32. Rear Admiral Satmon to ApMINISTRATOR. “ Boadicea,” at Simon’s Bay, Sir, November 5, 1883. I wave the honour to forward, for your Excellency’s information, a copy of Captain Church’s report of his visit, in Her Majesty’s ship “ Boadicea,” to Angra Pequena. 3. It appears to have been the intention of Mr. Luderitz to impose duties on goods landed by others than himself, but he assured Captain Church that he would not, at any time, use force to prevent such cargoes being landed. 3. I cannot approve the action of Captain Church in discussing with Mr. Luderitz the question of the possession of the harbour of Angra Pequena, and I have no record in this office that confirms the statement of John Gove. I have, &c. To His Excellency Lieutenant-General (Signed) Nowe xu Satmon, the Hon. Leicester Smyth, C.B., Rear- Admiral and Commander-in-Chief. Administrator and High Commissioner. Captain Epwarp J. Cuurcn’s Report. Letter of Proceedings. H.M.S. “ Boadicea,” at Sea, Lat. 31° 50’ S. Long. 16° 59’ E., October 31, 1883. I nave the honour to inform you that, in pursuance of my sailing orders, I left Simon’s Bay on the 24th instant for Angra Pequena, where we anchored at 10.30 on the morning of the 26th instant. SIR, ceeded as far as 15° South, and has found several -bays affording good shelter and excellent anchorage, but entirely destitute of wood and fresh water. The names of those bays are St. Hellen’s in 32° 50’, Angra Pequena 26° 40’, Spencer’s Bay 25° 40’, Walwish or Whalefish Bay 22° 55’, Wyndham’s Bay 16° 44’, and Alexander’s Bay 15° 22’. Wherever he landed he took possession in His Majesty’s name by hoisting the King’s colour, firing three volleys and turning over the soil. He saw few of the natives, and those seemed to avoid his people. In the Bay of Angra Pequena, he found two English whale fishers, who informed him that in the last season there were thirty ships fishing from Thompson’s Island (alone), which is in 27° South, and that they had all good success; one half of these ships were Americans. He found all the bays full of seals, so that this coast seems to offer a very beneficial commerce to the King’s subjects, and I trust you will send your directions relative to the conduct to be maintained towards foreigners interfering in these aa a ave, &c. (On the Dorse.) (Signed) J. BLANKETT. H.M.S. “ America,” Table Bay, 17th February 1796. Commodore Blankett. R. 3rd May. nase D 3 30 On approaching the anchorage we opened the settlement, having the German flag flying over the shore, which was dipped three times to us; a boat was also seen pulling towards Seal Island, and shortly afterwards the Union Jack was observed flying from the flag staff there... The man in charge of the Islands, whose name was Christy Camp, came on board. He stated that he was in the employ of Messrs. Spence and De Pass, and that in obedience to instructions left by the Commander of the “ Starling,” he had hoisted. the Union Jack, and that the English Ensign, although it could not be seen from the ship, was hoisted on Penguin Island. He understood that the flags were to be displayed when a German man-of-war atrived, but none had ever been there, and that of course he hoisted them on seeing us. In reply to further inquiries, he continued that no one lived on Seal Island, and he went there as little as possible, so as not to disturb the birds, and with my permission he would haul the flag down there at night, and not again disturb them by hoisting it. He was expecting the “ Sea-bird ” every hour, that on arrival she would’ probably anchor off Radford’s, which is situated on the mainland to the southward of Shark Island. He had nine men on Penguin Island, including natives, collecting guano. He held very little communication with the foreigners, who had been there only since last May. In the afternoon I landed at the German settlement, which consisted of a large store and rooms attached, all under one corrugated-metal roof. There were five Europeans, and, in the open, four large covered waggons, two of which were ready to start up country. Mr. Luderitz received me on the beach; he had recently arrived from Germany, and this I understood was his first visit to his newly acquired property. He is a wholesale dealer in tobacco at Bremen, and has a brother in trade at Lagos. His manager at Angra Pequena, Mr. Vogelsang, has spent a considerable time at Lagos before he came to South Africa; he served in the Basuto war, and says he has the medal.* -Mr. Luderitz tells me that he is the sole proprietor, and that he owns the country, with its harbours and bays, for 20 miles inland, parallel to the coast line, which he had obtained by purchase, in August last, from the Chief Joseph Frederick; a copy of the deed} by which the land was conveyed is enclosed, it is written in Dutch. It comprises the land between the 26th degree south latitude and the Orange River. [ observed that the islands in Angra Pequena were English, and he replied that they were made over to him, but that he acknowledged our prior rights, and therefore withdrew his claim. He considered that in a short time they would be of little value, as the birds were leaving the place. He was expecting the waggons in daily from the interior, and after a few hours’ rest he would leave, with the return waggon train, for Bethany, distant about 170 miles; being a bad road it would take from eight to 12 days to reach it. It was incumbent on them to lose no time, because the station where water could be obtained was 24 days distant, and that five days was as long as cattle could go without it. On my asking him if he expected any vessel from Cape Town, he said that one of Spence’s vessels was expected, and he intended that her cargo should be subjected to the same duties as at Cape Town, payable to himself, and that he would enforce it. I now told him that I was aware that the “ Sea-bird ”’ was expected, and that she would certainly land her cargo at Radford’s in spite of him, without paying duty. He said, in that case, he would address a protest to me, if I should happen to be in the harbour at the time. I consented to receive his protest, but would communicate by letter on the subject; copy of letter enclosed. He assured me that he would not at any time use force to prevent such cargoes being landed. He was very vehement in his denunciation of Mr. Spence, and said that he hoped that the Chief Joseph Frederick would cancel the grant made to Spence and Co. He asserted that Spence’s grant} was only intended for mining purposes, and not for general trade; moreover, that the land granted only extended up to, but not inclusive of, the harbour of Angra Pequena. On the 27th instant, I landed at Penguin Island, and was conducted by the man Camp to the spot where the board had been erected by Her Majesty’s ship “ Valorous.” At my request, it was taken down, and I tried to decipher the writing, which has nearly all disappeared, although I could make out a few words. Camp asked me to re-paint it, or put up a fresh board. On the same day I received a visit from Mr. Luderitz, accompanied by Mr. Vogelsang. lt was, I believe, through the influence of the Rhenish Missionary at Bethany that the latter obtained this extraordinary purchase of coast land, extending 20 miles inland for * This appears to be the case from the records of the Colonial Department. { See Enclosure 1 in No. 31, page 26. t For Deeds of Grant, see Enclosure 1 in No. 31. 31 a distance of 200 miles, ] believe for a ridiculously small sum, 5,000/. at the outside, and probably much less. On Sunday, the 28th instant, the waggon-train from the interior arrived, and in the forenoon, two waggons, with 20 bullocks each, left on their return, accompanied by Mr. Luderitz, each waggon with a little German flag on it. They were accompanied for some distance by the remaining people in the settlement. On the same afternoon the masts of the long-looked-for schooner were seen approaching over the land. Owing to the lack of information as to the reason and intention of so suddenly quitting Simon’s Bay, and the despatch used in coming up, there was no little excitement on board when the schooner hove in sight, and every available permitted spot of advantage, including the ports, were well manned by officers and men. I made a signal to the schooner to communicate, and sent a lieutenant on board, with instructions to anchor her near us, and to bring the captain on board in the cutter, with his papers. This was done, and I ascertained from Captain Petersen that he was very peaceably inclined, that he certainly had not anticipated any resistance to the landing of the cargo, which he would have endeavoured by all means in his power to Jand free, although, perhaps, not proceeding to extremities. His papers were all correct, and the reason of his having sixteen addi- tional hands, was for the purpose of sealing about, which he was shortly to commence. He hoped to return to Cape Town in February with about 4,000 seal skins. Having dismissed him, he proceeded with his schooner to Robert Harbour, landed some new waggons which he had brought up for the Germans, and thence the same evening to anchor off Radford’s, where he landed the remainder of his cargo. On Monday, the 29th, I inspected Radford’s buildings from the harbour. I knew that he was away in the interior, and therefore did not land. In capacity they did not appear inferior to the German store. I however, went on board the schooner, then at anchor off the place. Captain Petersen showed me a letter purporting to be from the Chief; it was written in Dutch, in the handwriting of Mr. Vogelsang, and simply repeated the words of the deed of conveyance; it had the name of Joseph Frederick but not his mark. Captain Petersen expressed his conviction that the sale was a fraud, and that certainly the chief south of the Orange River, who had rights in the property, had not agreed to the sale. Captain Petersen further informed me that he had not been asked for his manifest, nor had any demand for-duties been made upon him. Mr. Vogel- sang stated to him that, on arrival in Cape Town, he intended to take what proceedings were possible in order to receive his rights from Spence and Co. Whilst on board the schooner I took the evidence of an old Scotchman, who had been employed among the islands on the coast for a period of thirty-two years. His name is John Gove. He remembered the visit of the “‘ Grecian,” the “ Furious” in 1861, and the “ Valorous ” in 1866; the latter vessel, he stated, put up boards on all the islands along the coast, except that, on Ichaboe, which had been put up by the “ Furious.” The writing, now obliterated, he had often read on the board on Penguin Island; stated that Seal Island, Penguin Island, and Shark Island, and all the harbour of Angra Pequena were taken possession of, on behalf of Her Majesty Queen Victoria. He added that the writing on all the boards was now very much damaged. The cargo of the “ Sea-bird ” having been landed, I had no reason to prolong my stay, and at noon, having weighed, I proceeded on my return to rejoin your flag. The information that I have obtained, in carrying out my orders, may be summed up as follows :—_ lst. That the “ Sea-bird’s”” intentions, on arrival at Angra Pequena, were perfectly legitimate, and I had no reason to believe that they had ever been otherwise. 9nd. That the Germans, although intending to levy duties, never intended, and do not intend, to use force to prevent the British cargoes from being landed, if duties are not paid. 3rd, the renunciation in the presence of Commander MacLeod, of the claim of Mr. Luderitz to Seal or Penguin Island. 4th. The presumption that the excellent harbour of Angra Pequena is, by right of previous possession, the property of the Queen, as supported by the evidence of Gove. trary to my expectations no protest was made to me against the landing of the ne sr ait Haiois having paid duty, although two opportunities were offered to the German firm, who availed themselves of them, however, for sending letters Pi onndiication with Cape Town or Europe and Angra Pequena can take place _for some weeks, and this time may be valuable to us, if Her Majesty’s Government should feel disposed to assert our claim to that harbour. D 4 32 In the printed copy of the lease, which Captain Petersen showed me, the land granted by Joseph Frederick to Spence and Co. is — From latitude 27° 50’ S., longitude 15° 35’ E. ; To " 26° 35’ S., 5 15° 10’ E. 55 miles inland. To day we passed through a large number of whales. — We have experienced fine weather throughout the passage from Simon’s Bay and back. I have, &c. : November 1, 1883. (Signed) Epmp. J. Cuurcn, Captain. P.S.—The “ Boadicea” arrived at her moorings in Simon’s Bay at 1 o’clock this afternoon. Rear-Admiral Nowell Salmon, V.C., C.8., Commander-in-Chief. Captain Cuurcy to Mr. VoGELsane. Her Majesty’s Ship “‘ Boadicea,” Angra Pequena, Sir, October 29, 1883. In agreeing to accept the protest, which Mr. Luderitz informed me that he intended to write to me, against the action of the English schooner “ Sea-bird,” for landing cargo on his property without paying duties, and in defiance of his demand for them, I have the honour to acquaint you that, in doing so, I do not recognise his authority for levying duties on English subjects. I was glad to hear from him that, in maintaining his right to the duties, he would not use force to prevent the cargo from being landed now, or in future, but that he would protest and claim penalties, until he had established his right by process of law or otherwise. I have, &c. To Mr. Vogelsang, for (Signed) Epmp. J. Cuurcu, Captain. Mr. F. A. E. Luderitz, Angra Pequena. "TRANSLATION. Conrract or Sate between Captain Joseru Freprixs, of Bethany, Great Namaqualand, and F. A. E. Luperirz, of Bremen, in Germany. On this day, the 25th August 1883 (twenty-fifth August one thousand eight hundred and ee Captain Joseph Fredriks, of Bethany, did sell and give up to the firm of F, A. E. Luderitz, of Bremen, in Germany, for , a portion of his country, namely, the entire coast from the Great or Orange River up to the. twenty- sixth degree of south latitude, inclusive of all harbours and bays ; likewise the country up to 20 geographical miles inland, reckoned from every point of the coast. At the same time, the seller by his signature declares to give up that portion of country above described, likewise to have received the . The purchaser, on his part, declares by his signature to have taken possession of the purchased land, and also that the has been handed over. Bethany, the 25th August 1883. (Signed) xX Josep Freprixs, Captain. Pp I. A. E. Luperrrz. is Hein Vocersane, Atty. As witnesses : (Signed) J. H. Bam, Rhenish Missionary, a C. A. E. von Pesrauyozzi. rn x Apam Lampers. s 4 x Rupen Freprixs. ss x Jerta Marrys. a; DanieL Freprixs. “ J. Curistian GouiaTu. ie A. de Goucu. I hereby certify that the foregoing is a true translation of the annexed copy. (Signed ) C. Frep. SmtBerBaver, Sworn Translator to the Supreme Court Cape Town, 5th November 1883. 33 No. 33. THE OFFICER ADMINISTERING THE GOVERNMENT or tut CAPE OF GOOD HOPE to the Ricur Hon. tae EARL OF DERBY. (Received December 6, 1883.) Government House, Cape Town, My Lorp, November 13, 1883. Wir reference to my Despatch of the 6th instant,* I have the honour to acquaint your Lordship that on examining the records of this office, I find that the _ harbour of Angra Pequena was annexed by Captain Forsyth in Her Majesty’s ship ~ © Valorous”’ on the 5th May 1866. A copy of Captain Forsyth’s proclamation was forwarded to Mr. Cardwell under cover of Sir Philip Wodehouse’s Despatch of the 18th July 1866.+ I have, &c. (Signed) L. SMYTH, Lieut.-General, The Right Hon. the Earl of Derby, Administrator and High Commissioner. &e. &c. &e. No. 34. COLONIAL OFFICE to ADMIRALTY. Sir, Downing Street, December 12, 1883. Wirn reference to previous correspondence respecting the sovereignty of the Bay of Angra Pequena and adjacent territory, I am directed by the Earl of Derby to transmit to you to be laid before the Lords Commissioners of the Admiralty, an extract of a minute addressed by the Ministry of the Cape Colony to the Administrator on this subject. 3. It would appear probable from this minute, and also from the report§ of Captain Church of H.M.S. “ Boadicea,” dated 5th ultimo, of his recent visit to that locality that the territory in question has already been taken possession of in the name of Her Majesty, and that a formal and distinct proclamation of the fact is all that would now remain necessary to establish the Queen’s sovereignty. Before, however, taking any further steps in the matter, Lord Derby would be glad to know whether their Lordships have any record of the proceedings of Her Majesty’s Ships referred to by the Cape Ministry, and by Captain Church, or of any confirmation or disallowance of these pro- ceedings by Her Majesty’s Government. I have, &c. The Secretary to the Admiralty. (Signed ) JOHN BRAMSTON. No. 35. The Rigor Hon. tHe EARL OF DERBY to roe OFFICER ADMINISTERING THE GOVERNMENT or toe CAPE OF GOOD HOPE. Sir, Downing Street, December 13, 1883. I nave the honour to acknowledge the receipt of your Despatch of the 8th of October,|| bringing to my notice the absence of any provision for the effective exercise of jurisdiction at Walfisch Bay, and submitting a suggestion from your Ministers that some legislative remedy should be found for the state of things described. With regard to the suggested extension of the Imperial Act 26 & 27 Vict. c. 35, so as to include territories in the latitude of Walfisch Bay, I have to observe that Her Majesty’s Government are not prepared to propose such legislation, and further it appears questionable whether, if the Act were so extended, or it similar powers were obtained, as might be possible, by Order in Council under the Foreign Jurisdiction Acts, the case of the man Frederick, which was the cccasion of your Despatch, would be met. Such powers would reach British subjects only, and Frederick is not stated to be a * No. 32. ft Not printed. t Enclosure 2 in No, 31. § Enclosure in No. 32. E || No. 26. i 10517. 34 y British subject, and would apply only to crimes committed outside British territory, and I am inclined from your Despatch to suppose that Frederick’s crime was committed at some place within the Settlement itself. ae You are aware that a solution of the question would be afforded by legislation on the part of the Cape Parliament, under Her Majesty’s Letters Patent of 14th December 1878 for the annexation of Walfisch Bay to the Cape Colony ; but I understand that the Colonial Parliament would not be willing so to legislate, and in such case it will become a serious question whether Her Majesty’s sovereignty can continue to be maintained at that place. ah ; ; ae I request you to communicate this Despatch to your Ministers with a view to eliciting a further expression of their opinion on the case. I have, &c. The Officer Administering the Government. (Signed) DERBY. No. 36. ADMIRALTY to COLONIAL OFFICK. Sir, Admiralty, December 27, 1883. Wiru reference to your letter of the 12th instant,* transmitting an extract of a minute addressed by the Ministry of the Cape Colony to the Administrator on the subject. of the sovereignty of the Bay of Angra Pequena, and asking if there is any record in this Department of the territory in question having been already taken posses- sion of in the name of Her Majesty, I am commanded by my Lords Commissioners of the Admiralty to transmit to you, for the Earl of Derby’s perusal, the accompanying memorandum, giving all the information on the subject contained in the records of the Admiralty. I am, &c. The Under Secretary of State, (Signed) G. TRYON. Colonial Office. Enclosure in No. 36. The following information is derived from Apmiratty Recorps :— 1. H.M.S. “Grecian” visited Angra Pequena in 1851, but there is nothing to show that the ship took possession of any portion of land on behalf of the Crown. 2. Proceedings of H.M.S. “ Furious” in 1861.—It would appear that Her Majesty’s Government on Ist April 1861 decided to annex Ichabo Island (24 miles north of Penguin Island, Angra Pequena) to the Crown, and in June 1861 Captain Jones, of H.M.S. “ Furious,” was ordered by the Commander-in-Chief at the Cape of Good Hope to visit Ichabo on his passage to England, and take possession of it, and declare the said Island a dependency of the Government of the Cape of Cood Hope. Captain Jones reported to the Adwiralty, in letter dated 20th August 1861, that on 21st June 1861 he took possession of Ichabo Island, and put up a notice to the tollowing effect :— « This Island of Ichabo is this day taken possession of, for, and in the name of, Her “* Britannic Majesty Queen Victoria, and is hereby declared a dependency of the Govern- “ ment of the Cape of Good Hope. “ (Signed) Otiver J. Jones, « Qist June 1861. BME hodouy? “ All claims as to right of soil or territory on Ichabo are to be made to Hi “ the Governor of the Cape Good Hope. ry made to His Excellency “God save the Queen.” These proceedings of Captain Jones were communicated to the Colon} : letter dated 24th August 1861. e Colonial Office in It must be observed that the “Furious” did not call at A P i her way to Ichabo Island Erg en eaeaeveloe Early in 1864 in a correspondence between the Admiralty and Co onia ( )ffice zs : 2 . 2 a ] 1 l Vi 2 y > * No. 34, 35 17th December 1863, that “ Penguin Island, Angra Pequerta, was annexed to this ‘« (Cape) Colony in August 1861, together with [chabo and others, as a guano island, ‘‘ by a Proclamation of Sir George Grey, subject to the approval or disallowance of “ Her Majesty’s Government, but it does not appear to have been confirmed or noticed in “any way from home.” The Admiralty were informed by the Colonial Office, 8th February 1864 that “the Island of Ichabo was taken possession of in June 1861, “* as the Lords Commissioners of the Admiralty are aware, by Captain Jones of H.M.S. ‘ Furious, with the sanction and under the orders of Her Majesty’s Government. But, until the arrival of the present mail, the Duke of Newcastle never heard of the Act by which Sir George Grey assumed to declare Penguin Island and certain other rocks and islets on the same part of the Coast of Africa as Ichabo to be British territory. “* This measure was not submitted to, and has not been confirmed by, Her Majesty’s Government, and it is very doubtful whether in that event the Act would in the meanwhile be valid as a point which cannot be determined without legal advice. But the opinion of the Law Officers has been sought, arising out of the case of the ‘Saxon, which occurred in the waters where some of these islands are situated, and the result will be communicated to the Lords Commissioners of the Admiralty.” 3. Proceediugs of H.M.S. “ Valorous ” in 1866.—On 9th February 1866 Her Majesty's Government sanctioned the annexing to Cape Colony of Penguin and other small islands ; and in May the “ Valorous ” left Simon’s Bay to carry out this annexation. Commodore Cockburn reported to the Admiralty, in letter dated Simon’s Bay, 8th June 1866, “that their Lordships’ order to take possession of the Penguin Islands has “ been duly performed by Captain Forsyth in H.M.S. “ Valorous.” The group consists of a range of small islands or rocks, the resort of birds, and are useful in giving guano; they extend from Hollam’s Bird Island, in latitude 24° 38’ S., longitude 14° 23’ E., to Sinclair’s Island,* in latitude 27° 41’ S., longitude 15° 31’ E. ; Ichabo forming about the centre. Admiralty, 27th December 1883. ce ce ce ce cc ce ce 66 e ce No. 37. COLONIAL OFFICE to ADMIRALTY. SIR, Downing Street, January 5, 1884. In reply to your letter of the 27th ultimo,} on the subject of the sovereignty over the Bay of Angra Pequena, on the South-West Coast of Africa, I am desired by the Earl of Derby to request you to move the Lords Commissioners of the Admiralty to inform him whether no record exists in their Lordships’ Department of the visit to Angra Pequena and other places, in 1796, of Captain Alexander in Her Majesty's sloop “ Star,” stated, in the extract from the Cape Ministers’ minute enclosed in the letter from this Department of 12th ultimo,} to have been reported by Commodore Blankett. Tam, &c. The Secretary to the Admiralty. (Signed) JOHN BRAMSTON. No. 38. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, January 19, 1884. Wiru reference to the question of the right of sovereignty over the Bay of Angra Pequefia and adjacent territory, I transmit to you herewith, to be laid before the Earl of Derby for his consideration, translation of a letter from the German Ambassador at this Court, pointing out that up till now it has never been maintained even in Cape Colony that Great Britain claimed or possessed sovereignty over the wide tract of territory lying * Sinclair’s Island is not known on existing charts; it ie probably a local name for a small rock near Angras Juntas. + No. 36. t No. 34. E 2 36 between the Orange River and the Portuguese frontier at the 18th degree of latitude, and observing, in conclusion, that, if Her Majesty’s Government do advance such a claim now, the German Government would wish to know upon what title such a claim is based, and what means Great Britain has at her disposal for affording adequate protection to German subjects frequenting those districts. Tam, &c. The Under Secretary of State, (Signed) PHILIP W. CURRIE. Colonial Office. Enclosure in No. 38. Translation. My Lorp, German Embassy, December 31, 1883. I wave communicated to my Government the reply which your Lordship gave cn the 21st ultimo to my inquiry “whether England maintains claims to the territory of “ Angra Pequena, and, if so, upon what foundation.” The tenor of your Lordship’s answer was that Her Majesty’s Government had not indeed proclaimed the sovereignty of Her Majesty the Queen throughout the country, but only at certain points, as, for instance, at Walfisch Bay and on the Angra Pequena islands, but stil! holds that the pretention of any other Power to sovereignty or juris- diction over the territory lying between the 18th degree of latitude, whick forms the boundary of the Portuguese jurisdiction and the frontier of Cape Colony, would be an infringement of its legitimate rights. This answer permits of doubts as to the legal ground of the claims of the British Government, as well as to the practical application of the same, and I am accordingly instructed by my Government to revert to the subject of my inquiry. The fact, confirmed by your Lordship, that the British sovereignty beyond the frontier of Cape Colony was limited to Whale Bay and the islands off Angra Pequena, is one of the hypotheses under which the Imperial Government is entitled and bound to grant the house of Luderitz the protection of the Empire for a settlement which this firm contemplates establishing on territory outside the sovereignty of any other Power, on the south-west coast of Africa. Former events had already justified this assumption as to the extent of British sovereignty. In consequence of an application from the Rhine Missionary Society for protection for their missionary and trade settlements in Great Namaqua and Herero (Damara) your Lordship had informed me in your note of 25th May 1880 that the district under British sovereignty was restricted to Walvisch Bay and a small extent of surrounding territory. An instruction to the Governor of Cape Colony, dated 30th December 1880, from the then Secretary for the Colonies, Lord Kimberley, communicated to the British Parliament under the heading of South Africa, 1881, stated in its 28th paragraph that the Orange River was to be regarded as the north-west frontier of Cape Colony, and that the Government of Great Britain would not carry out any plan for the extension of British jurisdiction over Great Namaqua and Herero Land. In a further despatch of Lord Kimberley to Sir H. Robinson, of 13th January 1881 which had reference to the application of the Rhine Missionary Society for protection, the passage of the above-mentioned despatch of 30th December 1880, just referred to, was pointed out as applicable to the question. ; Upon occasion of the settlement of the German firm in Angra Pequena, the Imperial Government was advertised by the German Consulate in Cape Town of a Cape Colony Act of Parliament of 26th June 1873, by which two of the three islands lying off Angra Pequena, as well as several other islands situate to the south of Walvisch Bay, but a Angra Pequena Bay, or any territory on the mainland outside the boundary formed b the Orange River, a ee as dependencies of Cape Colony. - The instruction above referred to, of the Colonial Secretary to the : Colony, of 30th December 1880, warranted the inference that Her Beate en ES Government had not given its sanction to the annexation of the abnveanentiohed islands by Cape Colony. For the sake of SDM plelenass, I permit myself to add that the English subject Mr. Spence, who claims as his private property, in virtue of an earlier contract of sale, a portion of the coastland acquired by the firm of Luderitz, expressly acknowledges face communication addressed to the Imperial Consulate in Cape Town of September 25th last 37 past, that his claim does not extend to Angra Pequena, and also that Mr. Spence, at the conclusion of his missive, states that he would have no objection to the occupation of this territory by the German Government, for he is convinced that in such an event his rights would meet full recognition. It follows from this that up to the most recent date it bas not been considered even in Cape Coiony that Great Britain possessed or claimed sovereignty in that territory. ‘The Imperial Government regards itself bound to afford protection and encouragement to German subjects trafficking in districts where sufficient protection is not guaranteed by a recognized civil organisation. This standpoint is in harmony with the attitude adopted in common by England and Germany on various occasions towards other Powers. This attitude, for instance, was observed in the case of the pretensions raised by Spain in 1874 to the sovereignty of the Caroline and Pelew Islands. On the proposal of the British Government, we jointly lodged a protest in Madrid against those claims. The British Ambassador’s note of protestation of March 3, 1875, comprised the declaration that Her Majesty’s Government does not recognize the rights claimed by Spain over the Caroline and Pelew Islands, over which she has never held and does not. now hold de facto sway. The negociations with Spain respecting the conditions of sovereignty in the Sooloo Archipelago, which resulted in the Madrid Protocol of March 11, 1877, turned upon the same point. If, therefore, the Government of Great Britain should claim sovereignty over the wide territory, hitherto considered independent, between Orange River and the 18th degree of South latitude, the Imperial Government would, on account of the protection it owes to German trade, esteem it of importance to learn upon what title this claim is based, and what institutions England there possesses which would secure such legal protection for German subjects in their commercial enterprises and justly won acquisitions, as would relieve the Empire from the duty of providing itself directly for its subjects in that terri- tory the protection of which they may stand in need. Requesting the favour of a communication from your Lordship on this subject, I avail, &c. The Earl Granville, (Signed) Mister. &e. &e. No. 39. The Ricut Hon. rae EARL OF DERBY to the OFFICER ADMINISTERING THE GOVERNMENT of tue CAPE OF GOOD HOPE. Sir, Downing Street, February 5, 1884. Wirn reference to your despatch of the 6th of November last,* I have the honour to inform you that on the 3rd instant I sent you a telegram, in which I inquired whether there was any prospect of your Government undertaking the control of Angra Pequena in the event of that place being declared British, as it might, I informed you, be difficult otherwise to resist the representation made by the German Government that, failing other protection for German subjects there, they would be compelled to assume jurisdiction over the place. I have, &c. The Officer Administering the Government. (Signed) DERBY. No. 40. THE OFFICER ADMINISTERING THE GOVERNMENT or tHe CAPE OF GOOD HOPE to the Ricut Hon. tHe EARL OF DERBY. (Received February 6, 1884.) TELEGRAPHIC. Yours, 8rd.¢ Angra Pequena. Ministers ask matter be kept open, pending Cabinet meeting here. Premier away. + No. 31. t See No. 39. E 3 38 No. 41. THE OFFICER ADMINISTERING THE GOVERNMENT or tue CAPE OF GOOD HOPE to the Ricut Hon. toe EARL OF DERBY. (Received February 23, 1884.) Government House, Cape Town, My Lorp, January 28, 1884. i wave the honour to inclose, for your information, an extract from a letter from Colonel Eustace, reporting the result of’ inquiries made at Bethany respecting the recent sale of land to a German firm at Angra Pequena. I have, &c. (Signed) L. SMYTH, Lieut.-Gen., The Right Hon. the Earl of Derby, Administrator aid High Commissioner. &e. &e. &e. Enclosure in No. 41. Extract, dated 10th January 1884, from Col. Eustace, Civil Commissioner and Resident Magistrate Namaqualand, to the Hon. the Secretary for Native Arrarrs. When in Great Namaqualand I visited Bethany, and found that the Chief, Joseph Fredricks, the successor of his uncle, David Christian (no relation to the Chief of the Bondelzwaarts), had sold, in May 1883, the Bay of “‘ Angra Pequena”’ with the adjoining territory, to the extent of five miles inland, to a certain German merchant of Bremen, for 200 guns and 1007. That, in August of the same year, he further sold to the same person all the coast land from the mouth of the Orange River to 26 degrees south latitude, with the territory adjacent thereto, to the extent of 20 geographical miles inland for 600/. and 60 guns. ‘The Chief has given up all right to those lands, and gave me to understand that they could exact what import or export duties they pleased, and that he had placed no restrictions upon the introduction of guns or gunpowder into his territory, which, according to his claims, extends eastward to the Great Fish River, northward to latitude 26° S.L., southward to the Orange River. To my questions as to what he understood by the 26° south latitude, or the length of a geographical mile, he could give me no answer, and disputed the sale of coast lands to Captain Sinclair by his predecessor, clearly marked down in Dr. Hahn’s map, the correctness of which he denied. Imay remark that I found this map most useful and correct, and, if the Dutch names by which very many of the places are known were added to the Hottentot nomenclature, it would be more useful to travellers ignorant of that language. The right of any chief or “captain,” as these petty chiefs call themselves, to sell land belonging to the tribe of which they are only temporary rulers, is, I think, most questionable. If all I heard of the coming of this Chief’s father, the Jirst, I believe, who settled in Bethany, which he purchased for a “ pick-axe”’ (so report universally has it) for a cattle station, be true, his nght to the territory now claimed by him would, I believe be impossible of proof. In fact, had the deeds of sale been made out, as these seem to have been by the purchaser, to include all the coast lands between the Equator and Cape Point, I believe the seller would have readily assented to fix his signature thereto. (Signed) J. T. Eusrace, C.C. and R.M., Namaqualand. No. 42. The OFFICER ADMINISTERING THE GOVERNMENT or rue CAPE OF GOOD HOPE to the Rieur Hon. raze EARL OF DERBY. (Received February 23, 1884.) Government House, Cape Town My Lorp, ; January 30, 1884. ; Wirtn reference to your Lordship’s Despatch of the 13th ultimo,* inviting a further expression of opinion from Ministers respecting the Walfisch Bay territory, * No. 35. 30 Ihave the honour to enclose, for your information, 2 copy of a Minute which I have received from Ministers on the subject. I have, &c. (Signed) L. SMYTH, Lieut.-General, The aan Hon. the Earl of Derby, Administrator and High Commissioner. c. &e. &e. Enclosure in No. 42. Ministers to His Excellency the ApmrnisTRATor. Minute. Colonial Secretary’s Office, Cape Town, January 30, 1884. In returning to His Excellency the Administrator the despatch forwarded in his Minute 1884, from the Right Honourable the Secretary of State, dated the 13th December 1883, which invites a further expression of opinion on the subject of Walfisch Bay, Ministers can only repeat the opinion recorded in their Minute of the 3rd October 1883, as to the necessity for this question of the south-west coast beyond the borders of the Colony being taken into consideration by Her Majesty’s Government with a view of placing it under, at any rate, the formal sovereignty of some recognised power. Ministers have already drawn attention to the possible consequences which may arise from the presence of rival traders of different nationalities in a territory to which both lay claim by right of purchase, and where there already exist elements of discord in the shape of a number of petty marauding tribes, who may be relied on to join in any adventure which holds out a promise of drink or plunder without the penalty of hard work. Later advices from the spot confirm the apprehensions expressed by them, that a practically unlimited free trade in arms and ammunition has already been set up which cannot but prove entirely destructive to all efforts which the Colonial Government may make to control the trade; efforts which have been at different times repeatedly pressed upon this Government by the Right Honourable the Secretary of State. The original annexation of Walfisch Bay was mainly undertaken with a view of giving some sort of control over one of the main inlets of the trade in munitions of war; and Ministers would venture to remind the Right Honourable the Secretary of State that it has been conducted without any charge to Her Majesty’s Government. They desire, in reply to the request. contained in the despatch under reply, to put on record their opinion that, in the present circumstances of South Africa, the interests of order and civilization would be best served by the annexation to the Empire of the remainder of the coast from the Portuguese Possessions to the Orange River, and by the issue of a commission to the officer who may be charged with the administration of the Government of the Cape of Good Hope as Governor of the territory in a manner similar to that which was followed in the case of the territories of Tembuland and St. John’s River, leaving the question of the settlement of the amount of effective contro! and the provision to be made in that behalf to be arranged between Her Majesty’s Government and the Government of the Colony. Sach a course would, in their opinion, not only provide for cases similar to that under notice at Walfisch Bay, but would at the same time meet any emergency which might possibly arise out of the complications which they have brought to the notice of the Right Honourable the Secretary of State in their Minute above quoted. (Signed) Joun X. Merriman,* Commissioner, for the Colonial Secretary. No. 43. FOREIGN OFFICE to COLONIAL OFFICE. Foreign Office, April 25, 1884. I am directed by Earl Granville to enclose copy of a despatch which nis Lordship has addressed to Her M ajesty’s Ambassador at Berlin, recording a conversation * Nors.—Before this was received the Ministry, of which Mr. Merriman was a member, had retired from office. SIR, E 4 40 with the German Chargé d’ Affaires, respecting the reported refusal of the authorities of the Cape Colony to recognise the right to German protection of a German house of the name of Luderitz, which has purchased land to the north of the Orange River, and I am to request that you will move the Earl of Derby to take, without delay, such steps as will enable Lord Granville to explain the circumstances to the German Government. I am, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 43. My Lorp, Foreign Office, April 25, 1884. Tue German Chargé d’Affaires has stated to me that he was directed to say, that a German house, of the name of Luderitz, has purchased land north of the Orange River; that it appears that the British authorities of the Cape Colony have raised a doubt whether this house is entitled to German protection, and that Prince Bismarck has instructed the German Consul on the spot to say that no doubt exists as to this right. I replied that I would immediately communicate with the Colonial Office on the subject, and I have caused the letter, of which a copy is enclosed, to be addressed to that Department. Iam, &c. His Excellency Lord Ampthill, G.C.B., (Signed) GRANVILLE. &c. &c. &c. No. 44. Messrs. DE PASS & CO. to COLONIAL OFFICE. 128, Leadenhall Street, London, Sir, May 6, 1884. In July and August last * we brought to your notice the establishment of a German trading station at Angra Pequena on territory belonging to us, and on 30th August + you informed us that the matter had been referred to the Governor of the Cape Colony, whose reply had not then been received by you. As the Germans are still at Angra Pequena, and it has on several occasions been stated in the newspapers that the German Govern- ment intend establishing a naval! station at Fernando Po to look after their Settlements on the Gold Coast and at Angra Pequena, we should like to know what truth there is ii this report, what reply you received from the Governor of the Cape Colony, and what the British Government intend doing with reference to the matter. We have: heard from our agents at Cape 'Town of the dispatch of a gun-boat to make inquiries, and that a German gun-boat has also visited the place, but what is likely to be the result of these inquiries we have been unable to ascertain. As our men and the Germans do not appear to get on well together, we hope something definite will be done to settle the matter in dispute. We are, &c. ‘To the Under Secretary of State (Signed) DANIEL DE PASS & CO for the Colonies. : We are informed that the Germans claim the territory on the coast from Angra Pequena to the Orange River. * Nos. 5 and 8. ‘Tt No. 10. Ay No. 45. The Ricur Hon. raze EARL OF DERBY to the Ricur Hon. Sm HERCULES. ROBINSON, G.C.M.G. TELEGRAPHIC. 7th May 1884. It is necessary to tell German Minister what is intended by Her Majesty’s Government respecting Angra Pequena, and if Colonial Government desire that it should be under British jurisdiction they should immediately express readiness accept responsibility and cost. ‘Telegraph reply. No. 46. COLONIAL OFFICE to Messrs. DE PASS & CO. GentLEMEn, Downing Street, May 13, 1884. In reply to your letter of the 6th instant,* respecting the settlement of Germans at Angra Pequena, I am directed by the Earl of Derby to acquaint you that the question is still engaging the attention of Her Majesty’s Government. Tam, &c. Messrs. De Pass & Ce. (Signed) JOHN BRAMSTON. No. 47. Messrs. DE PASS & CO. to COLONIAL OFFICE. 128, Leadenhall Street, London, My Lorp, May 14, 1884. We are duly in receipt of your letter of 13th instant.t+ We enclose you a cutting from the “ Standard” of to-day, and as our interests at Angra Pequena will be seriously injured if the statement is true, we hope you will be good enough to inform us, as soon as it is decided, whether the Germans are to be allowed to retain the territory or not, so that we may take steps to protect ourselves should they remain in possession. We are, &c. The Secretary of State (Signed) pro DANIEL DE PASS & CQ... for the Colonies. CHARLES H. HESS. Enclosure in No. 47. GERMANY AND AFRICA. (From our Correspondent.) Berlin, Tuesday night. The German Government intends to take over the Suzerainty of Angra Pequena and all. the neighbouring territories acquired on Herr Luderitz, of Bremen, the English claims in that part of the coast being regarded: as altogether invalid. German law courts will be established, and a position will be assumed similar in ali respects to that of the French Republic in Tunis. * No. 44. + No. 46. 410517. F 42 No. 48. The Ricut Hon. Srrk HERCULES ROBINSON, G.C.M.G., to the Ricur. Hon. tHE EARL OF DERBY. (Received May 15, 1884.) "TELEGRAPHIC. {5th May. Yours, 7th.* New Cabinet making inquiries e Angra Pequena, and hope to send definite reply within ten days. No. 49. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, May 17, 1884. Wiru reference to your letter of the 25th ultimo,+ and to previous correspondence on the subject of the sovereignty of Angra Pequena, I am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of a letter{ from Messrs. De Pass & Co., calling attention to a report in the “ Standard” respecting the alleged assumption by the German Government of the suzerainty of this territory. I am also to enclose copies of a telegraphic correspondence§ that has recently passed between this Department and Sir H. Robinson on the subject. 2. Lord Derby concludes that the statement in the ‘‘ Standard” referred to by Messrs. De Pass & Co. must be entirely unfounded, as Her Majesty's Government have now under their consideration Count Mimster’s ietter of 31st December last, a copy of which was enclosed in your letter of the 19th January.|| At the same time, his Lordship would be glad to know whether Lord Granville is in possession of any further information on the subject. : I am, &c.. The Under Secretary of State, (Signed) JOHN BRAMSTON, Foreign Office. No. 50. Tue Rient Hon. Srrm HERCULES ROBINSON, G.C.M.G., to the Rigur Hon. THE EARL OF DERBY. (Received May 22, 1884.) Government House, Cape Town, My Lorp, April 29, 1884. I wave the honour to enclose, for your information, a copy of a letter from the German Consul at Cape Town, notifying that Mr. Luderitz’s acquisition north of the Orange River is under the protection of the German Empire. 2. I have not as yet received any definite reply from Ministers to your Lordship’s telegraphic despatch of the 3rd February,§] although they have been reminded that the question asked in it remains unanswered. I have, &c. (Signed) HERCULES ROBINSON The Right Hon. the Earl of Derby, High Commissioner &c. &c. &e. Enclosure in No. 50. IMPERIAL GERMAN Consux to CoLoniaL SECRETARY. ; Kaiserlich Deutsches Consulat, Kapstadt, Si: ee April 25, 1884. Wiru reference to the interview you were good enough to grant me this mornin and the communication I then made, I have now the honour to confirm to you that de = No. 45. T No. 43. t No. 47, § { » 47. Nos. 45 and 48. || No. ae { See No. 39. 43 German Foreign Office being informed that the Colonial authorities doubt as to the acquisition of Mr. Liideritz north of the Orange River being entitled to German protection, I am instructed by Prince Bismarck to declare officially that Mr. Luderitz and his establishments are under the protection of the German Empire. I have, &c. (Signed) The Imperial German Consul, The Hon. the Colonial Secretary. W. A. Lippert. No. 51. FOREIGN OFFICE to COLONIAL OFFICE, Sir, Foreign Office, May 22, 1884. In reply to your letter of the 17th instant,* I am directed by Earl Granville to request that you will state to the Earl of Derby that no information has reached this office respecting the alleged assumption by the German Government of sovereignty overt Angra Pequena. I am at the same time to express his Lordship’s hope that no unnecessary delay will be allowed to occur in giving an answer to the inquiries made by Count Minster in the month of December last. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. No. 52. ROYAL COLONIAL INSTITUTE to COLONIAL OFFICE. My Lorn, 15, Strand, W.C., May 28, 1884. I am directed to inform your Lordship that the Council of the Royal Colonial Institute have been much concerned at observing recent announcements of measures said to have been taken by the Government of His Imperial Majesty the Emperor of Germany for the acquisition by that country of the Bay of Angra Pequena and adjacent territory on the south-west coast of Africa. Being deeply impressed with the great importance of these possessions to the political and commercial interests of Great Britain and her South-African Colonies, the Council would respectfully urge upon Her Majesty’s Government to maintain the right which your Lordship has claimed to exclude foreign powers from the occupation of this valuable harbour and the country adjacent thereto. I have, &c. (Signed) J. S. OHALLORAN, The Right Hon. the Earl of Derby, K.G., Secretary. H.M. Secretary of State for the Colonies. No. 53. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, May 29, 1884. Wir reference to my letter of the 22nd instant,t I am directed by Earl Granville io transmit to you herewith, to be laid before the Earl of Derby, copy of a despatch which his Lordship has addressed to Her Majesty’s Ambassador at Berlin, recording a conversation with the German Ambassador at this Court upon the subject of Angra Pequena. oe The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. ~ * No, 49. t No. 51. F 2 44 - Enclosure in No. 53. My Lorp, Foreign Office, May 27, 1884. Isaw Count Minste. this afternoon, and told his Excellency that an answer respecting Angra Pequena was expected from the Cape in a few days, and that upon its arrival I would lose no time in replying to his communication of the 31st of December last. I begged his Excellency to explain this to his Government. Count Miinster replied that he had already done so, but he would now write again. His Excellency added that, as far as he knew, no steps had been taken in the matter by the German Government. I am, &c. (Signed) GRANVILLE. No. 54. Tue Ricut Hon. Sir HERCULES ROBINSON, G.C.M.G., to the Rieut Hon. THE EARL OF DERBY. (Received May 29, 1884.) ‘TELEGRAPHIC. Yours, 3rd February and 7th May.* Ministers have decided to recommend Parliament to undertake control and cost of coast line from Orange River to Walfisch Bay. No. 55. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, June 2, 1884. Wits reference to your letter of the 22nd ultimo,} and to previous correspondence on the subject of the sovereignty of Angra Pequena, I am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of a telegraphic despatchf from the Governor of the Cape Colony, reporting that his Ministers have decided to undertake the control of the coast line from Orange River to Wallisch Bay. 2. Lord Derby would suggest that the German Government be informed that after careful consideration, and communication with the Government of the Cape Colony, Her Majesty’s Government have decided that arrangements shall be made for giving pro- -tection under the British flag to any persons, German as well as English, who may have duly acquired concessions, or established comniercial enterprises, on the coast between these two points; that as full consideration will be given to the claims and wishes of German subjects on that coast as to those of British subjects; but that as the correspon- _ dence indicates that there may be a greater or less incompatibility between the claims of Mr. Luderitz or other German subjects and those of Messrs. Sinclair and Spence or _ other British subjects on this coast, it would seem desirable to appoint a joint Commis- sion to report upon all such claims, in order that they may be so clearly and authorita- tively defined that there shall be no risk of disputes or collisions hereafter, which would be a matter for much regret. 3. Lord Derby understands that a German ship-of-war is likely to visit. the spot, and it appears to him that, for this purpose, it might be convenient to associate the naval officer commanding it with a British naval officer. If, however, the German Government should prefer another constitution of the joint Commission, such a proposal could of course be entertained. i 4. Iam to add that it would seem desirable to send a British ship-of-war without delay to Angra Pequena, in order that there may be no ground for alleging that the continued absence of British protection has rendered German intervention necessary. Tam, &c. (Signed ) ROBERT G. W. HERBERT. ° The Under Secretary of State, Foreign Office. * Nos. 39 and 45, Tt No. dl, } No. 54, 45 No. 56. COLONIAL OFFICE to ROYAL COLONIAL INSTITUTE. Sir, : Downing Street, June 3, 1884. _ Tam directed by tke Earl of Derby to acknowledge your letter of the 28th ot May,” urging that Her Majesty’s Government should maintain the right to exclude oreign powers from the occupation of the bay of Angra Pequena and of the adjacent territory on the south-west coast of Africa. Tam, &c. The Secretary to the (Signed) JOHN BRAMSTON. Royal Colonial Institute. No. 57. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, June 3, 1884. I am directed by Her Majesty’s Secretary of State for Foreign Affairs to transmit to you, to be laid before Her Majesty’s Tibrd | you, jesty = er Pacers Secretary of State for the Colonies, copy of a despatch, as marked in the margin, respecting German establishments at Angra Pequena. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 57. My Lorp, Berlin, May 27, 1884. Wirn reference to Your Lordship’s despatch of the general series of the 28th November last, and to previous correspondence respecting German establishments at Angra Pequena, I have the honour to state that the Nord-Deutsche Allgemeine Zeitung of yesterday evening publishes the full text, both in German and in English, of the telegram sent by Prince Bismarck on the 24th ultimo, to the German Consul at Capetown, informing him that Mr. Luderitz’s commercial establishments at Angra Pequena are under the protection of the Empire. I enclose herewith copy and translation of the telegram. T have, &c. The Earl Granville, K.G., (Signed) AMPTHILL, &e. &e. &e. "TRANSLATION. To correct the various statements of the newspapers, we are in a position to communivate the actual terms of the telegram addressed by the Imperial Chancellor to the German Consul at Cape Town on the 24th of April, as follows :— “To Mr. W. A. Lippert, German Consul, Capetown. “ According to statements of Mr. Luderitz, Colonial authorities doubt as to his acquisitions north of Orange River being entitled to German protection. You will declare officially that he and his establishments are under protection of the Empire.” (Signed) Von Bismarck.” Up to the present time nothing further has come to our knowledge with regard to this matter. * No. 52. res 46, No. 58. ° FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, June 10, 1884. Wirn reference to your letter of the 17th ultimo, and to the reply from this Office of the 22nd ultimo*, I am directed by Karl Granville to transmit to you, to be laid before the Earl of Derby, copies of two despatches from Her Majesty’s Ambassador at Berlin on the subject of Angra Pequena. ; The first of these despatches contains a statement to the effect that the report in the “Standard” of May 14, respecting the alleged assumption of the sovereignty over Angra Pequena by the German Government is unfounded. as The second despatch reports the projected departure of an expedition to that territory at the instigation of Herr Liideritz, brother of the owner of the German House established there, with the object of proceeding to the upper and middle course of the Congo, and of discovering a suitable road for the conveyance of goods from the interior to the coast at Angra Pequena. . Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. c Colonial Office. - Enclosure 1 in No. 58. My Lorp, Berlin, May 30, 1884. Wiru reference to your Lordship’s Despatch of the 22nd instant, enclosing copies of despathes relative to the question of the right of sovereignty over Angra Pequena, as well as to my Despatch of the 27th instant, I have the honour to state that the report in the “Standard” of May 14th respecting the alleged assumption of the sovereignty of that territory by the German Government is unfounded. The German Government are still awaiting an answer from your Lordship to Count Munster’s letter of the 3lst of December last, and the premature reports in the Press about the taking possession of Angra Pequena by the German Government are due to the great and growing impatience of the German people for the inauguration of a Colonial policy by Prince Bismarck, who has hitherto shown no inclination to satisfy their desire for colonies beyond sending Doctor Nachtigal on board the “ Miéme”’ to report generally on the West Coast of Africa, as reported to your Lordship in my Despatches of the 9th and 23rd of April last respectively. I have, &c. The Earl Granville, K.G., (Signed) AMPTHILL. &e. &e. &c. Enclosure 2 in No. 58. My Lorp, Berlin, May 30, 1884. Wiru reference to my Despatch of this day’s date, I have the honour to inform your Lordship that according to the ‘“‘ Hamburg Correspondenz,” an expedition is about to be despatched to Angra Pequena at the instigation of Herr Luderitz, brother of the owner of the German House established at that place, with the object of proceeding to the upper and middle course of the Congo, and discovering a suitable road for the conveyance of goods from the interior to the coast at Angra Pequena. The expedition, it is stated, will be led by Lieutenant Siegmund Israel, who served with the British troops in Ashantee, and accompanied two expeditions for Mr. Stanley to the Niadi-Kwili. Dr. Hoffner will be the scientific member of the expedition, which will also include an engineer representing an iron firm in Westphalia, and be provided with a new improved apparatus for sinking artesian wells. * Nos. 49 and 51. A7 Mr. Liideritz will accompany the expedition, which will be conveyed by the German corvette “ Elizabeth” to Cape Town, and probably from thence to Angra Pequena in a German gunboat. This would appear to be the limit of the support expected from the Imperiai Govern- ment to the enterprise in question. T have, &c. The Earl Granville, (Signed) AMPTHILL. &e. _ &e. 7s No. 59. FOREIGN OFFICE to COLONIAL OFFICE. Sr, Foreign Office, June 14, 1884. I am directed by Her Majesty’s Secretary of State for Foreign Affairs to transmit to you to be laid before Her Majesty’s Secretary of State for the Colonies, the accompanying copy of a despatch, respecting a meeting held at Dusseldorf of the West German Society for Colonization and Export Trade. I am, &e. The Under Secretary of State, (Signed} T. V. LISTER, Colonial Office. Enclosure in No. 59. My Lorp, Berlin, June 7, 1884. I wave the honour to report that, at a general meeting of the West German Society for Colonisation and Export Trade, held at Dusseldorf on the 5th instant, the following resolution was unanimously adopted and forwarded to Prince Bismarck. “ The society recognises with grateful satisfaction the recent preparatory steps taken by the Imperial Government to protect Germany’s present and future interest in the district of the-Congo, and on the West Coast of Central Africa. “‘ With still greater gratitude and satisfaction, the society has received the declaration of the Imperial Chancellor that Angra Pequena and the coast line of the Great Namaqua country have been placed under the protection of the Empire. “‘ The society expresses a confident hope that the protection of the German Empire will also be extended to the more northerly coast line of the Herero country, not only in consideration of the German interests which have existed there for many years past, but also in order to secure a sufficient working basis for German enterprises on the coast of South Africa.” : I have, &c. The Earl Granville. (Signed) AMPTHILL. No. 60. The Rigut Hon. true EARL OF DERBY to the Ricut Hon. Sir HERCULES ROBINSON, G.C.M.G. TELEGRAPHIC. 17th. June 1884. Referring to your telegram of the 29th May,* better not bring forward vote, control and cost coast line and Angra Pequena, at present, in order to avoid any misunderstanding between Her Majesty's Government and German Ministry, with whom communications are proceeding. Please state probable duration of session. * No. 54. F 4 48 No. 61. The Ricut Hon. Sir HERCULES ROBINSON, G.C.M.G., to the Ricut Hon. THE EARL OF DERBY. (Received June 19, 1884.) TELEGRAPHIC. Yours 17th.* Session will last another month. : No. 62. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, June 24, 1884. I am directed by Earl Granville to transmit to you herewith, to be laid before the Earl of Derby for his information, copy of a Despatch to Her Majesty’s Ambassador at Berlin, recording a conversation which Lord Granville has recently had with the German Ambassador upon the Angra Pequena question. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 62. My Lorp, Foreign Office, June 7, 1884. Tue German Ambassador informed me on the 4th instant that he had received from his Government a telegram stating that they heard from Cape Town that, according to trustworthy information, the authorities of Cape Colony had reported to Her Majesty’s Government that they were ready to incorporate the coast district as far as Walfisch Bay, including Angra Pequena. Prince Bismarck wished him to tell me confidentially that the German Government could not recognize such a mode of taking possession of these territories, and could not acknowledge the right of doing sv. I said to Count Miinster that the German Chancellor was well aware’ how desirous 1 was to avoid any matter of difference which might arise, or to compose such difference, if it had arisen, always, of course, with due regard to the merits of the case. It was impossible for me to give an answer at once on the point which he had mentioned, because I mast communicate with the Colonial Secretary, who was still out of town. But I did not understand the sudden action of the German Government. We were asked to what extent we claimed authority over the districts in question, and to whom the German traders were to look for protection. An answer was promised as soon as the Secretary cf State for the Colonies had been able to communicate with the Colonial Government. I had mentioned in the House of Lords the other day that any blame that was due as regards the delay in the corre- spondence attached to our (the English) side, though it had been unavoidabie owing to the change of the Colonial Ministry. This delay may have caused some dissatisfaction at Berlin, but I believed it was inevitable. I could not, however, conceive that there could be any reason for action which had not been discussed and preconcerted between the two Governments. I promised to communicate further with his Excellency at the beginning of next week. Ta His Excellency Lord Ampthill, G.C.B., (Sioned) a GRANVILLE &e. &e. &e. : , * No. 60. 49 No. 63. The Ricur Hoy. Srr HERCULES ROBINSON, G.C.M.G., to the Ricur Hon. raz EARL OF DERBY. (Received June 26, 1884.) Government House, Cape Town, My Lorp, June 4, 1884, Witu reference to my telegram of the 29th ultimo,* I have the honour to enclose for your information a copy of a Minute which I have received from Ministers, expressing their readiness to recommend Parliament to undertake the control and cost of the coast line from the Orange River to Walfisch Bay. I have, &c. (Signed) HERCULES ROBINSON, The Right Hon. the Earl of Derby, High Commissioner. &e. &e. &e. Enclosure in No. 63. Ministers to Governor anD HicH Commissioner. Minute. Colonial Secretary’s Office, Cape Town, May 29, 1884. Wirn reference to the Minute of his Excellency the Governor of the 9th instant, transmitting, for the consideration of Ministers, a telegram from the Right Honourable the Secretary of State for the Colonies relative to Angra Pequena, and the reply of the late Administration thereto, Ministers have the honour to state that, like their predecessors, they would have preferred to avoid any extension of responsibilities in connection with the west coast, but, under the special circumstances, some such extension seems to be unavoidable. Two courses would appear to be open; first, a declaration of British jurisdiction over the coast line to the depth of five or ten miles inland from the Orange River to the boundary of the Portuguese settlements, and also over such islands adjacent to the coast as have not already been annexed to this Colony or declared to be British territory ; or, secondly, the annexation of that coast line, or part thereof, together with the adjacent islands, to this Colony. The first of these courses would, for many reasons, be the more satisfactory ; and, while retaining British jurisdiction over the coast line merely, it would entail no expenditure upon Her Majesty’s Imperial Government. Tf it be adopted, power should be given to govern the ports, such as Walfisch Bay, which is now under British jurisdiction, Sandwich Harbour, and Angra Pequena, by means of a Commission similar to that under which the Port of St. John is now governed, the cost of such government being borne by this Colony. If, nowever, the course suggested be deemed inexpedient, Ministers will be prepared to lay before Parliament the proposals necessary for carrying into effect the alternative suggestion to the extent of the coast line between the Orange River and Walfisch Bay. Responsibility for Walfisch Bay has already been undertaken by the Colonial Government, although there has been no formal act of annexation to the Colony. Further, by an Act of the Colonial Legisiature, No. 4, of 1874, the following islands, islets, and rocks on the coast line between the Orange River and Walfisch Bay have been annexed to this Colony, that is to say, Hollands Bird Island, Mercury Island, Long Island, Seal Island, Penguin Island, Halifax Island, Possession Island, Albatross Rock, Pomona Island, Plum Pudding, and Roast Beef or Sinclair’s Island. ; Accordingly, the additional responsibility to be incurred by the Colony would arise from the control of the coast line and harbours only, as Ministers do not desire to extend the responsibilities of the Colony into the interior. In the event of annexation to the Colony being sanctioned as proposed, so as to include Walfisch Bay, but no higher, Ministers would urge the necessity for the retention of British jurisdiction from that place to the Portuguese Settlements with a view to the prevention of contraband trade. Ministers beg to recommend that a telegram be forwarded to the Right Honourable ths Secretary of State for the Colonies in the terms annexed.t (Signed) Tuomas Upineton. * No. 54, ft See No. 54. 410517. G 50 No. 64. DANIEL DE PASS, Ese., to COLONIAL OFFICE. Sir, 128, Leadenhall Street, London, June 26, 1884. On the 13th July 1883 I addressed an inquiry* regarding the origin of a report, then circulated at Cape Town, that the Germans had bought and occupied Angra Pequena and some miles of inland territory; you then had no information to ive me. : Having been away from England, my firm have addressed you on the 20th August 1883 and the 6th May 1884.+ I returned from Natal last week, hence I have been unable to follow up the inquiries the above letters ask for. In going over the various statements which have been from time to time made in the Houses of Parliament on this Angra Pequena question, I can only rely on newspaper reports. In the “ Daily News” of 24th May 1884 the Earl of Derby said, in reply to a question put bv Viscount Sidmouth, viz. :— « As to Angra Pequena, two separate questions were involved, that of the islands “‘ outside the harbour, and that of the harbour itself; as to the islands, there was no ‘ colonial or Imperial agency there. They had been claimed as British possessions, but “he did not know whether a flag was there or not.” The group of Guano Islands was by lease granted to me and others by the Governor of Ichaboe and Penguin Islands, who became such Governor by Letters Patent dated at Westminster, 27th February 1867. The Earl of Derby was unaware, when he made the statement, that there are Guano islands, named on the charts as Seal, Penguin, and Shark (called in the lease Long Island), which are inside and part of the harbour, and inside shore of the bay. The captain of a loaded vessel from Penguin Island informs me that, while lying there loading, that it was with difficulty these German depredators could be restrained from landing on our islands, and shooting the birds. Up to avery recent date one of my captains held Her Majesty’s commission as Justice of the Peace for these parts, but after his death no further commission was issued, as during some 15 years of British occupation not a single instance occurred requiring this office. Flags have been flown at nearly every island. Now, keeping within the rights of my lease, I stoutly protest against the aggressive action of Mr. Luderitz ; he lands at Angra with 40 men, sets up a fort, mounts a cannon, and has endeavoured to stop my men in their work and in places in the harbour they had been accustomed to land, where our staging has been erected for some 30 years. I was quite aware of the visit of the ‘“ Boadicea” in October last; the captain of that ship saw our old servants and obtained all the evidence procurable. I was satisfied that the report would establish a protection for the rights of British subjects, and therefore I have not incessantly urged my case. When this report arrived in England, I cannot know ; possibly it has not come to hand at all, as the statements I have alluded to, made by the Earl of Derby, could not have been made with such information. The sum and substance of this position we are now in, is, that Germany is going to do what I stated in my letter of July 1883,} viz., protect the acquisitions of Herr Luderitz, and against this I must urge that my acquisitions, obtained in 1863 from David Christian as a general grant to Captain B. Sinclair on behalf of my firm, and subsequently extended on the 9th of December 1864 by David Christian and the principal men of the country, cannot be overridden by what Herr Luderitz has done. Has he a title which ‘includes the different principal men of the country ? We spent some 30,000/. in the country in opening up different mines, and David Christian had his share of the ore regularly sent him. it has been stated that the copper mine has been abandoned, which is untrue, as Captain Sinclair has his trading station at the mine, is there now, and has always been there. I should be very much obliged if you would convey to me the meanin used by Prince Bismark at the Budget Committee at Berlin, of German subjects at Angra Pequena; why do they want any other portion of Her Majesty’s dominion ? in the midst of British traders to sell guns and g unless they (the British traders of 40 the goods will not be allowed to land. g of the language 23rd instant, as to protection protection there more than at Why do German subjects plump down unpowder to natives, and tell them that, years’ standing) pay a customs tariff to Germany, * No. 5, Tt Nos. 8 and 44, t No. 5. 51 Do the Germans mean to lay claim to Angra Pequena harbour with our British islands, called on the map Shark Island (but in our lease Long Island) and Seal Island, on the north side of the bay? Both of these islands can be at low water considered to form a part of the shore of the harbour. Some 30 years my firm have carried to Angra Pequena traders and their merchandize, and have discharged the goods at our landing place at the southern portion of the bay. Our grant from David Christian and his principal chiefs included this landing place, as described on the map herewith handed to you. In view of Prince Bismark’s statements as reported in the “ Times ” of to-day, it would appear that Herr Luderitz’s recent purchase will override that of mine, and of my occupation for so many years. T herewith enclose copies of the leases* of the mainland, which are indicated on the chart, and shall be glad to hear what my position is. Tam, &c. The Under Secretary of State (Signed) DANIEL DE PASS. for the Colonies. No. 65. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, June 27, 1884. Wir reference to previous correspondence on the subject of Angra Pequena, I am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of a letter} from Mr. de Pass, submitting some further particulars of his own claims as opposed to those of M. Luderitz. a ; It appears to Lord Derby that under existing circumstances it would probably be desirable, with a view to an amicable and final settlement of the matters in dispute, that this inquiry should be made by an Hee and 5 German Commissioner jointly. am, &c. The Under Secretary of State, (Signed ) ROBERT G, W. HERBERT. Foreign Office. No. 66. FOREIGN OFFICE to COLONIAL OFFICE. SIR Foreign Office, June 30, 1884. "Tam directed by Earl Granville to transmit to you herewith, to be laid before the Earl of Derby, copy of a despatch from Her Majesty’s Ambassador at Berlin, inclosing copy and translation of a recent speech by Prince Bismarck in the Budget Committee of the Reichstag, upon the subject of German colonial policy, and the question of Angra Pequena in particular. Iam, &c. . The Under Secretary of State, (Signed ) PHILIP W. CURRIE. Colonial Office. * See Enclosure 1 in No. 31, page 26. t No. 64. G 2 52 Enclosure 1 in No. 66. My Lorp, Berlin, June 25, 1884. In the debate which took place on the 23rd instant in the Budget Committee of the Reichstag on the Bill for subsidising a service of mail steamers to Australia and China, reference was made to the commercial interests in general of Germany beyond the seas, and in particular to those at Angra Pequena and on the Congo. Prince Bismarck took this opportunity to explain the action of the Imperial Govern- ment in these two questions ; I have the honour to enclose herewith, in original and translation, a summary of His Highness’s statement as given in the “ Nord Deutsche Allgemeine Zeitung ”’ of this morning. ; Bane Bismarck, after repeating his former opinion that the German Government would not be justified in occupying, or establishing colonial authorities in, countries where no German interests were already engaged, declared it to be the duty of the Empire to protect the private settlements made by its subjects in countries not under the sovereignty of any recognised foreign State. His Highness then proceeded to relate the action of the Imperial Government in a case in point, the German settlement at Angra Pequena, gave a short sketch of the correspondence which had passed between the German and Her Majesty’s Government on the subject, and ended by saying that, from a telegram received the previous day from London, he regarded the question as so far satisfactorily settled that Her Majesty's Government and the authorities at the Cape would respect this German acquisition, to which the Imperial Government would probably give a charter. Prince Bismarck said that the Congo question formed a subject of negotiations with Portugal and other Powers, which he hoped would result in a satisfactory arrangement, but that there was no intention of recognising the claims of Portugal to the Lower Congo, or the extension of Portuguese Colonial Government. The German Government intended to support the Belgian International African Society if they succeeded in getting a treaty securing to Germany complete freedom of trade and of communication. I have, &c. Earl Granville, K.G., (Signed) AMPTHILL. &e. &c. &e. Enclosure 2 in No. 66. Summary of Prince Bismarcx’s Sprecu, as given in the “ Nord Deutsche Allgemeine Zeitung.” Prince Bismarck, after replying on the Postal Subsidy Bull, proceeded to refer to the general policy of the Imperial Government with regard to German commercial interests beyond the seas. He had already expressed his conviction, which he still maintained, that it would not be politic for us to occupy districts in which as yet we had no interest, in order to afford a factitious stimulus to German emigration thither. We have ne sufficiently experienced officials to establish such a colonial system; it would be too expensive for us, and would impose too great a burden on our naval force, which is limited in its develop- ment by the small extent of the German coast, and the consequent paucity of a sea-faring population, as also by the low rate of pay which has frequently driven’ our sailors into the English and American service. But the question of extending the protection of the Empire to free settlements of German subjects, which are, in a certain sense, off-shoots of the German nation, in districts which are not under the recognised sovereignty of any other State, is quite a different one. He considers it to be the duty of the Empire to extend its protection to settlements beyond the sea, made in this way, by subjects of the Empire, and this not only to their factories, but also to the territories which they may have acquired. _ In this case, too, it would be impossible to foretell with any certainty the advantages likely to accrue, but expectations might be justified by the experience of other nations. In this sense His Majesty the Emperor decided to place the settlements established by Herr Litderitz under the protection of the Empire. To preclude from the outset any 53 possibility of dispute, he (Prince Bismarck) had first of all endeay.ured to ascertain whether the strip of coast in question belonged to any other Power. It had been established by official documents that such was not the case. In English official documents the Orange River was indicated as the northern frontier of the Cape Colony, and the Portuguese possessions south of the Congo territory did not extend so far down. Moreover, the claims to protection for certain Rhenish missionaries had several years ago afforded an opportunity of asking the British Government whether they would extend their protection to German subjects in Namaqua and Herrera territories. We received as answer that England exercised no jurisdiction whatever north of the Orange River, with the single exception of Walfisch Bay, and was not in a position to afford protection to persons in the territories in question. Nevertheless the Chancellor, to make it more sure, addressed a note last December to the British Government asking whether England possessed proprietary rights on this strip of coast, or claimed such, and if so on what legal title such a claim was founded, and further, what provision had been made there by England to afford protection. For a long time no answer was received, although it could undoubtedly have been possible to furnish one out of the official documents relating to the actual extent of England’s colonial possessions. Instead of this a correspondence was commenced between London and Cape Town, which was looked upon there as if we had expressed a desire for English protection for a German settlement. A ministerial crisis occurred in Cape Town, and consequently a decision on this point was postponed there. Upon the circumstance becoming known here, it appeared only natural, in order to clear away that misapprehension, that the German Consul in Cape Town should be instructed to inform the authorities there that Herr Luderitz and his establishment were under the protection of the Empire. ‘This is the meaning of the telegram of the 24th April, which was at once communi- cated to the English Government as well. According to a telegram received yesterday from London, he (the Chancellor) thought that he might consider the question as so far settied, in that the English Government do not believe that they possess a legal claim to the strip of coast in “question, and that accordingly the Cape Government will also respect the German acquisition. ; The Imperial Chancellor further declared his present intention to be to place under the protection of the Empire any similarly established settlements in future. ‘ The question of guaranteeing German interests in the Congo territory was in so far a more complicated one, as it involved negotiations with several Powers. The exchange of opinions which we had entered into on this subject with other Governments had had as their result that the claims of Portugal to the Lower Congo district would not be recog- nised. Further, in the interests of trade, there was no disposition to assent to an extension of Portuguese Colonial Government ; on the other hand, negotiations were going on with Portugal and the other Maritime States with a view to settling the Congo question by a common agreement. ; ; ; It would be impossible to predict the result with any certainty, but there was no reason‘to doubt that an arrangement would eventually be arrived at. The establishment of new independent States on the Congo, on the basis of those of the International African Society, which from their crystallization point he would call the Belgian, was an undertaking which we intended to support, if we succeeded in first securing German interests by a treaty which would give us complete freedom of trade and communication. In this manner, therefore, His Majesty the Emperor had endeavoured to keep the wide domain of Central Africa open for tree development. As to the form in which the Settlement of Angra Pequena would receive the pro- tection of the Empire, the Government had in view the idea of issuing for it an Imperial Letter of Protection, similar to the Royal Charter given by England to the East Indian any, and lately to the North Borneo Company. Ts vould nonaibly be supplemented by the establishment of coaling stations, and an extension of the Consular system. This system might possibly be also-applied to other enterprises of the same nature on the African coast and in the South Sea. : His former confident hope that German enterprises would feel themselves sufficiently secure under English protection had been shaken, not, perhaps, as far as regarded the British Government, but by the attitude of English Colonial Governments. He might, for instance, remind them that it had been necessary for years to remonstrate against G 3 54 the disregard of the territorial acquisitions made by Germans on the Fiji Islands before they were taken possession of by England. . _ Latterly the Australian Governments had not only advanced claims of an unlimited nature to independent territories in the South Sea, but had further proclaimed the principle that all acquisitions of land made in these territories ‘before an eventual occupation of them by England would be null and void. ; If the question were asked what means the Empire had. to afford effective protection to German enterprises in distant parts, the first consideration would be the influence of the Empire, and the wish and interests of other Powers to remain In friendly relations with it. Once foreign nations had recognised the firm will of the German nation to protect each German according to the motto “ Civis Romanus Sum,” it would not be difficult to afford this protection without any special display of force. But if, indeed, foreign nations were to see that we were not united, we should then be powerless to do anything, and would do better to renounce all idea of any development beyond the sea. ¥ * * No. 67. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, July 2, 1884. Wir reference to the letter from this department of the 30th ultimo,* I am directed by Earl Granville to transmit herewith, to be laid before Her Majesty’s Secretary of State for the Colonies, copy of a despatch from Her Majesty’s Ambassador at Berlin, giving the substance of a further speech delivered by Prince Bismarck in the Reichstag, in which he referred to the sovereignty over Angra Pequena and the colonial policy of Germany. Lam, &c. The Under Secretary of State, (Signed) J, PAUNCEFOTE. Colonial Office. Enclosure in No. 67. My Lorn, Berlin, June 27, 1884. Wirn reference to my Despatch of the 25th instant, I have the honour to inform your Lordship that Prince Bismarck again referred to the colonial policy of Germany in a speech which he made at a sitting of the Reichstag held yesterday. The gist of His Highness’s remarks was as follows :— The whole question of German colonisation which had recently arisen was due to the acquisition of territories by certain Hanseatic merchants, and their appeal for protection to the Imperial Government had necessitated a thorough examination of the whole question. He repeated that he was entirely opposed to the creation of colonies on what he considered a bad system, namely, to acquire a piece of ground, appoint officials and a garrison, and then seek to entice persons to come and live there. He did not believe that colonies could be artificially created. It was quite a different question: first, whether it was advisable, and secondly, whether it was the duty of the Imperial Government, to offer protection when it was asked for by subjects who had started colonial enterprises which would afford an outlet for the natural excess of the German population in the Empire. He said he had approached the whole subject with great reserve, he admired the energy of the men who wished to found these colonies, and he had said to himself how would he be justified if he replied to them that Germany was too weak to found colonies ; her fleet not strong enough; and that difficulties might arise with foreign Governments. It was impossible for him, the first Chancellor of the newly created * No. 66. 55 Empire, to say to these men, even if he believed it, Germany is toc weak and too poor for such undertakings. ‘The Chancellor then proceeded to give an account of the negotiations with England on the subject of Angra Pequena; he had asked the British Government whether they claimed that place, and, if so, on what grounds. As to the other territories on which German merchants intended to establish themselves, he was satisfied that they belonged to the native tribes alone. With regard to Angra Pequena, there were considerable doubts as to whom it belonged. There were English merchants established there who had obtained concessions from the natives, and there was an island of the same name, which had undoubtedly been acquired by England. In short, there were so many doubts as to the ownership of the place, that he would not have been justified in proceeding hastily in the matter at the possible loss of the close and traditional friendship with a nation and empire like England,—a friendship on which he laid great stress. The difficulty of communication between London and the Cape had delayed the negotiations, which had, however, made more rapid progress during the last few weeks, and had now resulted in a satisfactory and unreserved declaration on the part of England, that she simply wished to insure by an exchange of notes the protection of her merchants already established there; in short, ‘‘that we should recognise her vested interests; this natural ‘“* wish we shall hasten to comply with as soon as we receive the promised English note,” Germany, he said, did not wish to carry on an exclusive and selfish colonial policy, such as certain States, smaller than England, had initiated to the great detriment of the prosperity of their Colonies. Complaints had been made of the expense which would be incurred by the Imperial Treasury for this colonization project on the part of Germany. He had no intention of spending money for this purpose, but would leave the development of these Colonies to the energy of the merchants who had undertaken them. His policy was to follow the example of England, and to grant these merchants something similar to the Royal Charters granted to the East India Company. A Consul, or a Resident, would be appointed in such places to represent the authority of the Empire, and a Consul established in Bremen or Hamburg would decide all disputes between the merchants residing in such Colonies. : His policy was not to found provinces, but mercantile settlements which would be placed under the protection of the Empire; if they did not succeed, the Empire would not lose much, and the cost would not have been very great. The Chancellor concluded by saying that he regretted that the state of his health prevented him from dealing more fully with the details of this important question. I have, &c. The Earl Granville, K.G., (Signed) AMPTHILL. &c. &ec. &e. No. 68. DANIEL DE PASS, Ese. to COLONIAL OFFICE. Sir, 128, Leadenhall Street, London, July 4, 1884. By the last incoming mail from Cape Town, I am advised by letter that the Premier of the Cape Parliament had assured Mr. John Spence (a gentleman associated with me in the coast business) that the Cape Government had asked the Imperial Government to annex to the Crown the coast line from Walfisch Bay north up to the Portuguese territories and south to the Orange River. I beg to mention, for the information of the Colonial Secretary of State, that south of Walfisch Bay there is another very fine harbour called Sandwich Harbour, at which place I have houses, sheds, and drying poles, forming a fishery, and a party of 16 to 20 fishermen who have been in constant occupation there for some 35 years; latitude 23:20 south, longitude 14°31 east. I have also another establishment at Hottentot Bay; latitude 26'7 south, longitude 14°57 east. ‘As the Cape Government have expressed their willingness for the annexation of the above-mentioned coast line, and the German flag has not yet been hoisted, future misunder- standings would be avoided by the Government ordering by cable the “ Boadicea,” now in Simon’s Bay, to proceed north to perform such annexation, and she would arrive before the German gunboat could reach that portion of the coast. 1 have, &c. To the Under Secretary of State (Signed) DANIEL DE PASS, for the Colonies. Gr ou No. 69. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, July 4, 1884. I am directed by Her Majesty’s Secretary of State for Foreign Affairs to transmit to you to be laid before Lord Derby the accompanying extract of a despatch relative to Angra Pequena. I am, &c. The Under Secretary of State, (Signed) PHILIP W. CURRIE. Colonial Office. Enclosure in No. 69. (Extract.) My Lorp, Foreign Office, June 14, 1884. Counr Herbert Bismarck called upon me to-day on his return to England and spoke to me of the importance attached by the German Chancellor to the question of Angra Pequena. Count H. Bismarck recapitulated the history of the communications which had passed between the two Governments. He complained of the long delay that had occurred in answering questions to which replies might to all appearance have been given in .three days. He observed that it was impossible for the German Government to recognize any authority but the. Foreign Otfice with which they could negotiate. In this case not only was the delay in answering objectionable in itself, but it appeared that Lord Derby had availed himself of it to press the Government of the Cape Colony to take steps with a view to anticipate any action on the part of the German Government. The Chancellor had felt that he could not refuse protection to German subjects whose interests had been firmly established, and whose capital had been invested in Angra Pequena, a district which had been described in despatches presented to Parliament by Her Majesty’s Government in 1880 as being outside the limits of the British Colony. His Highness had, therefore, under the circumstances of the case, thought it right to announce, both at the Cape and to Her Majesty’s Government, that the establishment “of Herr Luderitz, north of the Orange River, that is, north of English territory, had ‘* an undoubted right to the protection of the German Empire.” I answered that there was no doubt that the delay which had taken place was regrettable ; that I had said as much in the House of Lords, and had added, that although it had been unavoidable, whatever blame there might appear to be, rested with Her Majesty’s Government. I fully admitted, I said, that in matters of this sort the German Government had only the Foreign Office to look to as the organ of Her Majesty’s Government, but, practically, I could not act, except on acquaintance with the views of the Colonial Office, and with our peculiar Colonial organization, the latter Department could frequently give no opinion without first communicating with our Colonies, especially when the latter had representative institutions. It was a complete misunderstanding of Lord Derby’s action to suppose that his action in consulting the Government of Cape Colony was intended in any sense to be hostile to the German Government. On the contrary, he had acted in the belief derived from some of the questions which had been asked by the German Government that it was their desire that the German settlers should receive British protection. It was evident that there had been some misunderstanding on both sides. In answer to a question put by me, he stated that the German Government intended themselves to give henceforth full protection to Germans settling in uncivilized countries which were not under the sovereign jurisdiction of other European States. In such cases, he added, the German Government would always scrupulously respect acquired rights. Count H. Bismarck further stated, in answer to my question, that his Government had no idea of establishing a convict settlement at Angra Pequena. 57 I promised to give him an answer on the whole subject as soon as was possible consistently with a careful examination by Her Majesty’s Government of the statements which he had been authorized to make to me. Z ; I have, &c. His Excellency the Lord Ampthill, G.C.B. (Signed) GRANVILLE. &e. &e. &e. No. 70. COLONIAL OFFICE to FOREIGN OFFICE, Sir, Downing Street, July 8, 1884. Wiru reference to previous correspondence on the subject of Angra Pequena, I am directed by the Earl of Derby to state that, as the Cape Parliament will be prorogued in about a fortnight from the present time, he proposes, with Earl Granville’s concurrence, to telegraph to Sir H. Robinson informing him that Her Majesty’s; Government have determined that they are not in a position to oppose the intention of the German Government to afford its protection to German subjects having duly acquired concessions or formed establishments where no British sovereignty exists, and that so much of the country, therefore, at or near Angra Pequena, as may after due. inquiry be found to have been duly acquired by M. Luderiiz will be under German protection. 2. Lord Derby proposes to add, however, that Her Majesty’s Government will be. prepared to proclaim British protection and authority over any other places on the coast at which British subjects have concessions or establishments if the Cape Parliament will make the necessary provision for the cost. In connexion with this subject, his Lordship would invite Lord Granville’s attention to the accompanying copy ofa further letter* from Mr. De Pass, who, it will be seen, states that he has establishments at Sandwich Bay and Hottentot Bay as well as at Angra Pequena. Lord Derby proposes to point this out to Sir Hercules Robinson, adding that it is inferred that the Cape Government will desire British protection over. the coast north of M. Luderitz’s concession, which is said to extend to latitude 26. Tam, &e. The Under Secretary of State, (Signed) ROBERT G. W. HERBERT, Foreign Office. No. 71. The Ricut Hon. Sir HERCULES ROBINSON, G.C.M.G., to the Ricur Hon. tHE EARL OF DERBY. (Received July 9, 1884.) TELEGRAPHIC. 9th. Ministers request me to send you a message in following terms. Begins :—As Parliament will soon be prorogued, Ministers are anxiously awaiting information relative to negotiations with German Empire on question of West Coast, referred to in your telegram received on the 18th June. Ministers advise me that feeling in Colony is strongly in favour of retention of British authority over coast line from Orange River upwards, and that rumour that British jurisdiction over Walfisch Bay is to be abandoned. has caused great uneasiness. Annexation of Damaraland to German Empire is also greatly deprecated. Ends. No. 72. COLONIAL OFFICE to FOREIGN OFFICE. Sr, Downing Street, July 10, 1884. Wir reference to the letter from this Department of 8th instant}, I am directed by the Harl of Derby to transmit to you to be laid before Earl Granville copy of a telegram from the Governor of the Cape, on the subject of _the feeling in the Colony respecting the retention of British authority over the coast line from the Orange River upwards. / I am, &c. The Under Secretary of State, (Signed) R. H. MEADE. Foreign Office. * No 68. + No. 70. t No. 71. 410517. H 58 No. 73. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, July 12, 1884. In my letter of the 4th instant* I transmitted to you, by direction of Earl Granville, for the information of the Secretary of State for the Colonies,. copy of a despatch which his Lordship addressed on the 14th ultimo to Her Majesty’s Ambassador at Berlin, recording the substance of a conversation with Count Herbert Bismarck respecting the claims of Germany at Angra Pequena. Lord Granville now desires to submit, for the consideration of the Earl of Derby, certain proposals for the settlement of this question. ; Count Herbert Bismarck, in his communications with Lord Granville, explained that the German Government intended themselves to give henceforth full protection to Germans settling in uncivilized countries which were not under the Sovereign jurisdiction. of other European States. The German Government, however, would always scrupu- lously respect acquired rights, and he added that they had no idea of establishing a convict settlement at Angra Pequena. After careful consideration of all the communications which have passed, and of all the circumstances of the case, Her Majesty’s Government have come to the conclusion that in view of the definitions which have been publicly given by them of the limits of the Cape Colony, they cannot contest the claim of the German Government to afford protection to German subjects who have established themselves at Angra Pequena under concessions from native chiefs, though no doubt can be entertained as to Walfisch Bay and the islands adjacent to Angra Pequena being British. I am therefore to request that you will state to the Secretary of State for the Colonies that. if he should concur, Lord Granville is disposed to inform the German Government at once that Her Majesty’s Government will be prepared to recognize their right to protect German subjects at Angra Pequena, as soon as proper arrangements can be agreed upon between the two Governments for giving security against the formation of any penal settlement upon any part of the coast in question, and for making provision for the recognition of acquired rights, and the protection cf the interests of British subjects, who may hold concessions or carry on trade in those parts. It is probable that the best way of deciding all conflicting claims would be to nominate an Anglo-German Commission to examine into and decide ali such claims on the spot, and Lord Granville will be prepared to propose to the German Government the appointment of such a Commission if the course of action indicated in this letter should meet with Lord Derby’s approval. I am, &c. The Under Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office. No. 74. The Rieur Hon. rus EARL OF DERBY to the Ricur Hon. Sir HERCULES ROBINSON, G.C.M.G. TELEGRAPHIC. 14th July. In reply to your telegram of 9th July,+ Her Majesty’s Government have determined that they are not in position to oppose intention German Ministry to extend protection to German subjects having acquired concession or formed settlement where no British jurisdiction already exists. So much therefore of the country iu neighbourhood of Angra Pequena as may be, after careful inquiry, found to have been acquired in proper form by Luderitz, will be under protection of German Empire. , Her Majesty’s Government will be prepared proclaim under British protection and authority any other places on the coast at which British subjects have claims, if Colonial Legislature will make arrangements fo cost. 7 De Pass stated that he has claims at Sandwich Bay and has cla y and Hottentot Bay as well as Angra Pequena. Her Majesty’s Government infer Colonial Government will consider * No. 69, { No. 71. 59 it desirable that coast to the north of Luderitz concession, which is said to extend to latitude 26°, should be placed under British protection. No. 75. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, July 15, 1884. I am directed by Earl Granville to transmit to you herewith, to be laid before the Earl of Derby, copy of a despatch which his Lordship has addressed to Her Majesty’s Ambassador at Berlin, desiring him to communicate to the German Government the decision of Her Majesty’s Government to recognize their right to protect German interests and concessions at Angra Pequena, and to propose the appointment of an Anglo-German ‘Commission to examine into and decide ali conflicting claims on the spot. I am, &c. The Under Secretary of State. (Signed) J. PAUNCEFOTE. Colonial Office, Enclosure in No. 75. My Lorp, Foreign Office, July 14, 1884. Wiru reference to my previous despatches relating to the German claims at Angra Pequena, I have now the honour to inform your Excellency that after careful consideration of the communications which have passed, and of all the circumstances of the case, Her Majesty’s Government have come to the conclusion that in view of the definitions which have been publicly given by them of the limits of Cape Colony, the claim of the German Government to afford protection to German subjects who have established themselves at Angra Pequena under native chiefs cannot be contested, though no doubt can be entertained as to Walfisch Bay, and the islands adjacent to Angra Pequena being British. Her Majesty’s Government are therefore prepared to recognize the right of the German Government to protect German subjects at Angra Pequena as soon as proper arrangements can be agreed upon between the two Govern- ments for giving security against the formation of any penal settlement upon any part. of the coast in question, and for making provision for the recognition of acquired rights, and the protection of the interests of British subjects who may hold concessions, or carry on trade in those parts. 1 : The best way of settling all conflicting claims would probably be to nominate an Anglo-German Commission to examine into and decide all such claims on the spot, and Her Majesty’s Government would be glad to learn whether the German Government ‘are disposed to adopt that course. . I have to request your Excellency to address a communication to the German Government in the sense of this despatch. Iam, &c. His Excellency the Lord Ampthill, G.C.B., (Signed) GRANVILLE. &e. &e. &e. No. 76. FOREIGN OFFICE to COLONIAL OFFICE. Sr, Foreign Office, July 15, 1884. In reply to your letter of the 8th instant*, and with reference to mine of the 12th,+ I am directed by Earl Granville to request that you will state to Her Majesty’s Secretary of State for the Colonies that his Lordship concurs in the telegraphic instructions which it is proposed to address to the Governor of the Cape of Good Hope, defining the position of Her Majesty’s Government with regard to the claim of the German Government to take under their protection the establishment of Herr Luderitz * No. 70. { No. 73. 60 at Angra Pequena, and explaining the course which Her Majestys Government are prepared to follow with respect to the protection of British concessions or establishments upon other parts of the coast. | lam, &c. The Under Secretary of State, (Signed) J. PAUNCEFOTE, Colonial Office. | No: 77: "COLONIAL OFFICE to FOREIGN OFFICE. | Downing Street, July 18, 1834. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 15th instant,* and to request you to inform Harl Granville that he concurs in the despatch which has been sent to Her Majesty's Ambassador at Berlin, informing him of the decision of Her Majesty's Government to recognize the right of the German Government to protect German interests and concessions at Angra Pequena. I am to take this opportunity of transmitiimg for the imformation of Harl Granville a copy of a telezram} which has been sent to the Governor of the Cape, in pursuance of the letter from this Department of 8th instant, and yours of the 15th instant.7 lam, &c. The Under Secretary of State, (Signed) R. H. MEADE. Foreign Office. SIR, No. 78. The Ricut Hon. Sm HERCULES ROBINSON, G.C.M.G. tc the Ricut Hon. THE EARL OF DERBY, K.G. (Received July 23, 1884.) | | | Government House, Cape fown, My orp, July 2, 1584. Wirn reference to your telesram of the 17th ultimo,§ suggesting that the vote for the control and cost of Angra Pequena and the coast line be delayed, I have the honour to enclose, for your Lordships information, copy or a mimute which I have received from Ministers, statins that the sugeestion has been acted upon. I have, &c. | | | (Signed) HERCULES ROBINSON, The Right Ton. the Har! of Derby, Governor and High Commissioner. ccc. &c. orc. Enclosure in No, 78. MINISTERS t0 GOVERNOR AND HIGH COMMISSIONER. Colonial Secretary s Oiice, Cape Town, June 28, 1884. In acknowledging the receipt of His Excellency the Governors minute of the 18th instant, enclosme a copy of # telegram from the Secretary of State, suggesting that the vote for the control and cost of Angra Pequena and the coast line be delayed, Ministers have the honour to state that the suggestion has been acted upon. _ (Signed) THomAs UPincron. * No. 70. 7 No, 74. T Nos. 70 and 76. § No, 60. ANGRA PEQUENA. FURTHER CORRESPONDENCE RESPECTING THE SETTLEMENT AT ANGRA PEQUENA. ON- THE SOUTH-WEST COAST OF AFRICA. (In continuation of [C.—4190] August 1884.) (A Map will be found at page 75.) Presented to both Mouses of Parliament by Conwmand of Ber Majesty. December 1884. LONDON: PRINTED BY EYRE AND SPOTTISWOODE. To be purchased, either directly or through any Bookseller, from any of the following Agents, viz., Messrs. Hansarp and Son, 13, Great Queen Street, W.C., and 32, Abingdon -Street, Westminster. Messrs. Eyre and Srorriswoopz, East Harding Street, Fleet Street, and Sale Office, House of Lords ; Messrs. Apam and Cuartes Back, of Edinburgh ; Messrs. ALEXANDER THom and Co., Limited, or Messrs. Hopes, Fieeis, and Co., of Dublin. 1884, [C.—4262.] Price 1s. 2d. CONTENTS. Serial No. From or to whom, Date. Subject. Page. or 8 |i Sir Hercules Robinson Foreign Office - - ‘Admiralty = Sir Hercules Robinson Foreign Office - ‘Sir Hercules Robinson - t Foreign Office - Daniel de Pass, Esq. - Foreign Office - u 15283. Wet. 15963. (Rec. July 23, 1884.) Telegraphic. (Extract.) Aug. 14, 1884 Aug. 15, 1884 (Rec. Aug. 18, 1884.) Telegraphic. Aug. 20, 1884 July 30, 1884 (Rec. Aug. 25, 1884.) Aug. 25, 1884 Aug. 25, 1884 Aug. 28, 1884 Reporting that both Houses have passed a re- solution: declaring it ,expedient to annex to the Colony the coast line between the Orange River and the southern boundary of the Portu- guese possessions. Transmitting copies of further correspondence relative to the claim of the German Govern- ment to afford protection to its subjects at Angra Pequena. Transmitting extract froma letter from the Com- mander-in-Chief on the Cape Station reporting the arrival at Durban of the German gunboat “‘ Wolf,” and that she was expecting orders to proceed to Angra Pequena or the Congo. Reporting that the German frigate “ Elizabeth” has proclaimed the coast from Orange River to the 26th degree of south latitude and all islands within gunshot of the mainland to be under the protection of the German Empire, and that Ministers have requested that the German Government may be informed that the islands on the coast between the points named form part of the Cape Colony. Stating that Baron von Plessen, whois now in charge of the German embassy, has informed Lord Granville officially that the Luderitz ter- ritory has been placed under the protection of the German Government, and suggesting the action which should be taken on Baron Plessen’s communication: Bi ay OS Bg hiade a at Transmitting copy of a minute from Ministers |’ covering copies of resolutions of both Houses of Parliament in favour of the annexation to the Cape Colony of the coast line between Walfisch Bay and the mouth of the Orange River, and between. Walfiseh’ Bay and the |! southern boundary of the Portuguese posses- sions. Stating that Her Majesty’s Ambassador at Berlin has reported that the committee of the Ger- man Society for Colonisation has invited all |, the Colonial, Geographical, and Foreign Trade Societies of Germany to invite for the collection of funds and the promotion of German colo- nisation. Transmitting copies of ;communications received from Mr. Spence at Cape Town, and request- ing that the German Government be moved to : direct that the birds,on the! guano islands at Angra Pequena may not be disturbed, as the islands would in that case become perfectly valueless. Reporting a statement made by Baron Plessen ‘on the subject of the recent grant of protection by the German Government to certain terri- tory on the South-west Coast of Africa ac- quired by Germans, and requesting to be en- abled to return an early reply to Baron Plessen’s statement. a 2 an Serial No. From or to whom. | Date. Subject. Page. 10 ll 12 13 14 15 16 17 18 19 Foreign Office - - Sir Hercules Robinson - Ditto - Daniel De Pass, Esq. - Foreign Office - - Daniel De Pass, Esq. - To Foreign Office - To Daniel De Pass, Esq. Sir Hercules Robinson - Admiralty - Aug. 28, 1884 Sept. 7, 1884 (Rec. Sept. 8, 1884.) Telegraphic. Aug. 20, 1884 (Ree. Sept. 11, 1884.) Sept. 11, 1884 Sept. 13, 1884 Sept. 16, 1884 Sept. 16, 1884 Sept. 16, 1884 Aug. 27, 1884 (Rec. Sept. 17, 1884.) Sept. 18, 1884 Transmitting translations of a Note and of an «« Aide Memoire ” received from Baron Plessen remonstrating against the decision of Her Ma- jesty’s Government to place the coast line from the north of the Orange River to the Portu- guese frontier under British protection. — Reporting that the German gunboat ‘ Wolf” has placed under the protection of tke Ger- man Empire the coast territory from the 26th degree of south latitude to Walfisch Bay, and from thence to Cape Frio, and pointing out that two of the islands: on this coast belong to the Cape Colony. Transmitting copy of a letter from the German Consul stating that the Commander of the German ship of war “ Elizabeth” had placed under the protection of the German Empire the territory acquired by Mr. Luderitz north of the Orange River to the 26th degree south latitude ; enclosing also a Minute from Ministers calling attention to the faet that certain of the islands annexed form part of the Cape Colony. Calling attention to the fact that upon the occa- sion of the recent annexation of the coast line by the German frigate “Elizabeth,” a royal salute was fired, and thereby great injury pro- bably done to his and Mr. Spence’s property by the scaring away of the birds, and urging that a representation should be made to the German Government. Transmitting copy of a Despatch to Her Majesty’s Chargé d’Affaires at Berlin respecting the establishment of a German protectorate of the South-west Coast of Africa, and the appoint- ment of a joint Commission to arrange matters. Inquiring whether Her Majesty’s Government intend to relinquish their territory in the neighbourhood of Angra Pequena, or, if not, whether they will publish a counter-statement to that put forward by Germany. Transmitting copy of a letter from Mr. De Pass and of the reply thereto, and expressing the opinion that some representation should be made to the German Government in the sense desired by Mr. De Pass. Informing him that the German Government will be requested to give instructions to prevent, as far as possible, any injury to his under- taking at Angra Pequena, but observing that the formation of a settlement in the immediate neighbourhood of the guano islands must of necessity have a tendency to drive away the birds. Transinitting Minute from Ministers enclosing copy of the lease by Sir Philip Wodehouse of the islands on the west coast, and copies of the grants of land at Angra Pequena made by the Chief David Christian. Transmitting copy of a letter from Rear-Admiral Salmon, reporting the annexation by German vessels of war of territory in the vicinity of Angra Pequena. 11 12 14 14 15 15 16 16 22 Serial No. From or to whom. Date. Subject. Page. 20 21 22 23 24 25 26 27 28 29 30 31 32 To Foreign Office To Foreign Office Foreign Office - Ditto - Ditto - Ditio Daniel De Pass, Esq. Daniel De Pass, Esq. Foreign Office - Ditto - Ditto : u 15283. To Daniel De Pass, Esq. To Daniel De Pass, Esq. Sept. 20, 1884 Sept. 22, 1884 Sept. 22, 1884 Sept. 23, 1884 Sept. 23, 1884 Sept. 23, 1884 Sept. 24, 1884 Sept. 24, 1884 Sept. 25, 1884 Sept. 26, 1884 Sept. 27, 1884 Sept. 27, 1884 Sept. 29, 1884 —r- Transmitting copy of a Despatch from Sir H. Robinson, and of a Minute from his Ministers pointing out that certain islands which form part of the Cape Colony have been included in the territory proclaimed as being under Ger- man protection. Informing him that a copy of his letter of the 11th September has been communicated to the Foreign Office. {Transmitting copy of a further letter from Mr. De Pass relating to his interest in Sandwich Harbour and the guano islands. Transmitting copy of a Despatch to Her Majesty’s Chargé d@’Affaires at Berlin in the sense sug- gested in Colonial Office letter of 19th inst. Stating that Baron Plessen has informed Lord Granville verbally that the islands on the West Coast of Africa (with the exception of Shark Island) which were annexed to the Cape Colony in 1874 would not be-considered as included in the recently established German protectorate. Transmilting copy of a Despatch from Her Majesty’s Chargé @’ Affaires at Berlin with translation of the proclamation issued by the captain of the “Elizabeth” annexing to the German empire the coast line from the Orange River to the 26th degree of south latitude. Transmitting draft proposed Despatch to Her ing him to address a representation to the German Government on the subject of Mr. De Pass’s claims. Calling attention to the intended’ emigration of Germans to the recently acquired territory, and requesting that the German Government may be moved to warn any such emigrants that the German territorial limits in that part of South-west Africa are not yet agreed upon. Informing him that a copy of his letter of 24th September will be sent to the Foreign Office, and enquiring under what document he claims Shark Island as British territory. Reciting the terms of the lease under which he claims Shark Island as British territory. Transmitting draft of a proposed Despatch to Her Majesty’s Chargé d’ Affaires at Berlin directing him to point out to the German Government that the islands proclaimed by the Captain of the “Elizabeth” as under German protection are dependencies of the Cape Colony. Transmitting copy of a Despatch from Her Ma- jesty’s Chargé d’Affaires at Berlin recording a conversation with Count Hatzfeldt on the subject of the proposed Joint Commission for the settlement of English claims in the neigh- bourhood of Angra Pequena. Transmitting copy of a Despatch to Her Ma- ting the substance of a Despatch received by Baron von Plessen from his Government, and which he communicated verbally to the Foreign Office. a3 Majesty’s Chargé d’Affaires at Berlin instruct-_ jesty’s Chargé d’Affaires at Berlin recapitula- |, 23 24 24 24 26 26 27 28 28 29 29 30 Serial No. From or to whom. Date. Subject. Page. 33 34 35 36 37 38 39 40 41 42 |, 43 44° To Daniel De Pass, Esq. To Foreign Office Ditto - Ditto - Sir Hercules Robinson - Foreign Office - Ditto : Ditto . Daniel De Pass, Esq, Ditto - Sir Hercules Robinson - Foreign Office - Sept. 30, 1884 Sept. 30, 1884 Sept. 30, 1884 Sept. 30, 1884 Sept. 10, 1884 (Rec. Oct. 1, 1884.) Oct. 2, 1884 Oct. 2, 1884 Oct. 2, 1884 Oct. 3, 1884. Oct. 4, 1884 Oct. 6, 1884 (Rec. Oct. 6, 1884.) Telegraphic. Oct. 6, 1884 Informing him, in reply to his letter of 16th Sep- tember, that Lord Derby has suggested to the Foreign Office that the German Government should be informed of the nature of his claim to land on the line of coast from Baker’s Cove to Angra Pequena. Transmitting copies of a Despatch from the Go- vernor and of a letter from Mr. De Pass, and suggesting that the German Government should be informed of the nature of the title of British subjects to the coast line from Baker's Cove to Angra Pequena, and the mines inland, as well as to the islands off the coast. Concurring in the terms of the draft Despatch to Her Majesty’s Chargé d’Affaires at Berlin enclosed in Foreign Office letter of 24th Sep- tember. Concurring in the terms of the draft Despatch to Her Majesty’s Chargé d’Affaires at Berlin enclosed in Foreign Office letter of the 27th September, and transmitting copy of a further letter from Mr. De Pass respecting his claim to Shark Island. Transmitting copy of a letter from the German Consul stating that the coast territory from 26° south latitude to Walfisch Bay, and from Walfisch Bay to Cape Frio, has been placed under the protection of the German Empire. Transmitting copies of two Despatches from Her Majesty’s Chargé d’ Affaires at Berlin relative to the Colonial policy of Germany. Transmitting copy of 2 Despatch to Her Ma- jesty’s Chargé d’Affaires at Berlin which was approved in draft by Colonial Office letter of 30th September. Stating that the instruction 1o Her Majesty’s |. Chargé d’Affaires at Berlin which was ap- proved in Colonial Office letter of 30th Sep- | tember will be forwarded to Mr. Scott in the | form submitted to the Colonial Office. Calling attention to the newspaper report that Mr. Spence has been warned off certain terri- tory by Mr. Luderitz, and enquiring when the |. proposed Joint Commission will be formed. Transmitting copy of a Despatch from Her Ma- jesty’s Chargé d’Affaires at Berlin relative to the German protectorate over part of the South-west Coast of Africa. Reporting that Mr. Ludgritz claims that by the hoisting of the German flag all the islands on the South-west Coast have come into his pos- session, and that he calls upon Mr. Spence to vacate them, and that Ministers request that the unlawful proceedings of Mr. Luderitz be brought under the immediate notice of Her Majesty’s Government, Transmitting translation of a note from Baron Plessen respecting the course pursued by. the Commander of the “Elizabeth ” in notifying the proclamation of the German protectorate over Angra Pequena officially to the Cape authorities, 31 8L 31 32 34 35 385 35 37 37 vii Serial No. From or to whom. Date. Subject. Page. 45 47 48 51 52 53 54 55 Daniel De Pass, Esq. - To Foreign Office - Ditto - Foreign Office - - Ditto - - To Daniel De Pass, Esq. Foreign Office - - Ditto - - Ditto - 7 To Sir Hercules Robin- son. Foreign Office - - Oct. 6, 1884. Oct. 7, 1884. Oct. 8, 1884 Oct. 8, 1884. Oct. 8, 1884. Oct. 8, 1884. Oct. 9, 1884 Oct. 9, 1884 Oct. 9, 1884 ~ Oct. 10, 1884 Telegraphic. Oct. 10, 1884 Calling attention to the further newspaper report that Mr. Luderitz has given notice that Mr. Spence’s workmen are to withdraw within two months from exploiting in the islands in his possession. Transmitting’ copy of a memorandum on the state of affairs at Angra Pequena. Transmitting copy of a telegram from the Go- vernor calling attention to the action of Mr. Luderitz in claiming the islands on the coast as his possession, and stating that Lord Derby proposes to inform the Governor by telegram that the German Government has disclaimed any intention of taking. possession of these islands, and presuming that Lord Granville will bring the action of Mr. Luderitz under the notice of the German Government. Stating that Her Majesty’s Chargé d’Affaires at Berlin has been instructed by telegraph to make a representation to the German Govern- ment on the subject of the action of Mr. Luderitz in claiming the islands on the coast as his property, and suggesting that a reply thereto should be awaited before any steps are taken to order one of Her Majesty’s gunboats up to Angra Pequena. Transmitting copy of a Despatch from Her Ma- jesty’s Chargé d’Affaires at Berlin enclosing copy of a note which he has addressed to the German Government. Informing him that the appointment of a Joint Commission to settle English and German claims is forming the subject of correspon- dence between Her Majesty’s Government and the Government of Germany. Transmitting copy of a telegram from Her Maesty’s Chargé d’Affaires at Berlin, reporting that he has made are presentation to the Ger- man Government respecting the claim of Mr. Luderitz to certain islands in the neighbour- hood of Angra Pequena. Transmitting copy Despatch from Her Majesty’s Chargé @’Affaires at Berlin repo ting assurances received from the German Government with regard to the firing of guns in the vicinity of Mr. De Pass’s guano islands. Transmitting drafts of two proposed instructions to Her Majesty’s Chargé d’Affaires at Berlin in the sense of the Colonial Office letters of the 30th September. Stating that a representation has been made to the German Government respecting Mr. Lude- ritz’s claims, and that they promise a reply shortly. ‘Transmitting copy of a Despatch to Her Majesty’s Chargé d’Affaires at Berlin instructing him to thank the German Government for their assurances on the subject of possible disturbance to the birds frequenting Mr. De Pass’s guano islands. 38 38 44 44 45 46 46 47 47 49 49 Serial No. From or to whom. Date. Subject. Page. 56 57 58 60 61 62 - 63 64 65 66 67 68 Foreign Office - - Ditto - = To Daniel De Pass, Esq. To Foreign Office Daniel De Pass, Esq. - To Foreign Office - Foreign Office - To Foreign Office - Daniel De Pass, Esq. Foreign Office - - Ditto - Ditto - - To Foreign Office} Oct. 11, 1884 - Oct. 13, 1884 Oct. 18, 1884 Oct. 13, 1884 Oct. 14, 1884 Oct. 15, 1884 Oct. 15, 1884 Oct. 17, 1884 Oct. 20, 1884 Oct. 21, 1884 Oct. 22, 1884 Oct. 23, 1884 Oct. 24, 1884 Transmitting copy note. from German Chargé : d’Affaires conveying the reply of his Govern- ment with regard to the newly established German Protectorate on the South-West Coast of Africa, and accepting the proposal for a Mixed Commission. Transmitting paraphrase of a telegram from Her Majesty’s Ambassador at Berlin respecting the gommuuication to the German Government of the Memorandum enclosed in; Colonial Office | letter of 7th October. |-Informing him that a representation has been made to the German Government, who have promised to take steps to prevent further mo- lestation of his (Mr. De Pass’s) guano de- posits, and stating that the firing of salutes will not be repeated. Transmitting copy of a telegram to the Governor on the subject of Mr. Scott’s representation to the German Government respecting Mr. Luderitz’s claims. Expressing gratification at learning that efforts are being made to prevent disturbance of the birds on the guano islands. Transmitting copy of a further letter from Mr. De Pass, and of a letter which has been ad- dressed to him in the sense of Foreign Office letter of 9th October. Transmitting copy Despatch from Her Majesty’s Chargé d’Affaires at Berlin respecting the re- presentations made to the GermanGovernment regarding Mr. Luderitz. } Acknowledging Foreign Office - letter’ of -11th | instant, and suggesting that German Govern- ment should be informed that its claim to: islands already in the occupation of British subjects cannot be admitted. Inquiring whether he will be informed of the appointment of the Commission sufficiently | - early to allow him ample time to prepare his case. Transmitting copy of a Despatch received by the German Chargé d’Affaires from his Go- vernment, explaining their views as to the , proposed Joint Commission. Transmitting copy of a Despatch from Her Majesty’s Ambassador at Berlin enclosing copy of a note addressed to the German Govern- ment on the subject of the claim of Mr. De. Pass to Shark Island. ae. Transmitting copy of a Despatch from Her. Majesty’s Ambassador at Berlin enclosing copy of a Note addressed to the German Govern- ment on the subject of the claims of Messrs, De Pass and Spence. : Transmitting copy of a letter from Mr. De Pass | inquiring whether he will be allowed ample time to prepare his case for submission to the Commission. 50 51 51 52 52 52 53 54 54 57 58 Serial No. T From or to whom. Date, Subject. Page. 697. 70 71 72 73 74 75 76 77 78 79 80 Foreign Office - ‘Ditto oe Ditto - - To Foreign Office Sir Hercules Robinson - Foreign Office- .. - To Daniel De Pass, Esq. To Foreign Office - Ditto - - To Daniel De Pass, Esq. To Sir Hercules Robin- son. Sir Hercules Robinson - Oct. 25, 1884 Oct..27, 1884 Oct, 28, 1884 Oct. 28, 1884 Oct. 8, 1884 (Rec. Oct. 29, » + 1884) Oct. 80, 1884 Oct. 30, 1884 Nov. 1, 1884 Nov. 3, 1884 Nov. 3, 1884 Nov. 3, 1884 Oct. 15, 1884 (Rec. Nov. 5, 1884) Transmitting copy of a Despatch ‘from Her Majesty’s Ambassador at Berlin reporting that Mr. Luderitz has been informed by the German Government that he is not to interfere with the rights of persons established at Angra Pequena, and that all questions in dispute must be referred for settlement to the Joint English and German Commission. "Transmitting copy of a correspondence with Mr. De Pass respecting his territorial claims in the neighbourhood of Angra Pequena. Transmitting copy of a Despatch from Her Majesty’s Ambassador at Berlin on the subject of Mr. De Pass’s claims. Conveying fully Lord Derby’s views as to the conflicting German and English claims at and in the neighbourhood of Angra Pequena. Transmitting copy of a minute from Ministers requesting that the unlawful proceedings of Mr. Luderitz, who has called upon Captain | Spence to vacate certain British islands leased to him, may be brought to the notice of Her Majesty’s Government. ‘Suggesting the terms of the answer to Mr. De Pass’s inquiry as to when the proposed Joint Commission will be formed. Informing him that Mr. Luderitz has been told by the German Government that he is not to interfere with the rights of private persons established at Angra Pequena, and that all questions of disputed rights must be referred for settlement to the English and German Commissiouers. Stating that Sir H. Robinson has recommended Mr. S. G. Shippard, Puisne Judge of the Cape Colony, as British Commissioner, and that Lord Derby proposes, with Lord Granville’s con- currence, to approve the selection. Transmitting copy of a Despatch from the High Commissioner enclosing a minute from his Ministers requesting that the attention of Her Majesty’s Government may be called to the unlawful proceedings of Mr. Luderitz. Informing him that the arrangements for the Joint Commission are not yet concluded, that the form of procedure to be adopted will be settled by the Commissioners on the spot, and that he will doubtless receive reasonable notice of their sittings and of the formalities which they may prescribe. Informing him that Her Majesty’s Government has already made representations to the German Government on the subject of Mr. Luderitz’s proceedings. Transmitting copy of a letter from the Rear- Admiral Commanding-in-Chief covering an. extract from a letter from Commander Parr, of Her Majesty’s ship “ Frolic,” reporting his proceedings at Angra Pequena. 58 59 ‘60. 61 63 64 64 64 65 65 66 Serial No. From or to whom. Date. Subject. Page. 81 82 83 84 85 86 87 Foreign Office - - Ditto - - To Sir Hercules Robin- son. To Daniel De Pass, Esq. Foreign Office - - Daniel De Pass, Esq. - To Foreign Office : Nov. 5, 1884 Nov. 10, 1884 Nov. 12, 1884 Nov. 12, 1884 Nov. 13, 1884 * Nov. 14, 1884 Nov. 17, 1884 ‘Transmitting translation of a note from the Ger- man Ambassador, enclosing certified copies of certain documents relative to the claims of Herr Luderitz. Concurring in the proposed appointment of Mr. S. G. Shippard as British Commissioner. Transmitting copies of a correspondence with the Foreign Office relative to certain docu- ments put forward in support of Mr. Luderitz’s claims. Transmitting copies of certain documents bearing on the claims of Mr. Luderitz, which have been communicated by the German Ambassador. Transmitting copy of a memorandum respecting the Crown title to the Angra Pequena islands which was delivered to the German Ambas- sador on the 11th November. Submitting observations on the documents trans- mitted to him in Colonial Office letter of 12th November. Transmitting a small map of Angra Pequena left at the Colonial Office by Mr. De Pass, which shows in a convenient form the con- figuration of the Bay and the position of some of the islands referred to in previous corre- spondence. 67 69 69 69 70 74 75 SOUTH AFRICA, FURTHER CORRESPONDENCE RESPECTING THE SETTLEMENT AT ANGRA PEQUENA. No. 1. The Ricur Hon. Se HERCULES ROBINSON, G.C.M.G., to the Ricur Hon. ‘raz EARL OF DERBY, K.G. (Received July 23, 1884.) (Extract. ) TELEGRAPHIC. Resolution passed declaring expedient to annex to Colony coast line between Orange River and Walfisch Bay, and between Walfisch Bay and Southern Portuguese boundary. Prorogation of Parliament to-morrow. No. 2. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, August 14, 1884. Wiru reference to previous correspondence, I am directed by Earl Granville to transmit to you herewith, to be laid before the Earl of Derby, copies of further corres- pondence relative to the claim of the German Government to afford protection to its subjects at Angra Pequena. Tam, &c. : The Under Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office. Enclosure 1 in No. 2. My Lorp, Berlin, July 25, 1884. In obedience to your Lordship’s instruction of the 14th instant, on the subject of the German claims at Angra Pequena, I addressed a note on the 19th instant to the Minister for Foreign Affairs, copy of which is herewith enclosed. His Excellency told me to-day that he had forwarded the note to the Chancellor at Varzin for his Highness’s consideration, but that while the German Government adhered to their expressed intention not to form any penal settlement upon any part of the coast in question, that assurance could not be made a condition of the proposed arrangement between the two Governments in his opinion. T have, &c. The Earl Granville, K.G. (Signed) AMPTHILL. British Embassy, Berlin, M. we SecreTaire D’Erart, ; July 19, 1884. Arrer careful consideration of the communications which have passed, and of all the circumstances of the case, Her Majesty’s Government have come to the conclusion that, in view of the definitions which have been publicly given by them of the limits of the Cape Colony, the claim of the Government of His Majesty the German Emperor to u 15283. A 2 afford protection to German subjects who have established themselves at Angra Pequeiia under native Chiefs cannot be contested, though no doubt can be entertained as to Walfisch Bay and the islands adjacent to Angra Pequena being British. Her Majesty’s Government are therefore prepared to recognise the right of the German Government to protect German subjects at that place as soon as proper arrangements can be agreed upon between the two Governments for giving security against the formation of any penal settlement upon any part of the coast in question, and for making provision for the recognition of acquired rights and the protection of the interests of British subjects who may hold concessions or carry on trade in those parts. The Government of the Queen are of opinion that the best way of settling all con- flicting claims would probably be to nominate an Anglo-German commission to examine into and decide all such claims on the spot. : Acting, therefore, on instructions which I have received from Earl Granville I beg to lay this proposal before your Excellency, and while hoping that it may meet with the concurrence of His Imperial Majesty’s Government, T avail, dc. His Excellency Count Hatzfeld. (Signed) AMPTHILL. Enclosure 2 in No. 2. Sir, Foreign Office, August 6, 1884. Her Majesty’s Government approve the note (copy of which is enclosed in your Excellency’s Despatch of July 25), which you have addressed to the German Govern. ment upon the subject of the claim of the Imperial Government to afford protection to the German subjects who have established themselves at Angra Pequena. Tam, &c. His Excellency Lord Ampthill, G.C.B., (Signed ) GRANVILLE. &e. &e. &e. Enclosure 3 in No. 2. My Lorp, Foreign Office, August 7, 1884. Tue German Ambassador called upon me this afternoon, and spoke to me of the objection taken by Prince Bismarck to that passage in your Excellency’s note to Count Hatzfeldt of the 19th ultimo, which refers to the engageinent not to establish any penal settlement at Angra Pequena. I stated to his Excellency that I was a little surprised that official objection had been ae to a note which had been agreed upon between Count Herbert Bismarck and myself. As to the sentence complained of it did not at the time strike either Count H. Bismarck or myself as objectionable, and I could not help thinking that the objection was not so strong in reality as seemed to be felt by Prince Bismarck. The words used were meant only to imply that we wished to be sure that the assurance which Count H. Bismarck had given me would be confirmed by his Gevernment. But I had no wish to retain the phrase. The best way of meeting the difficulty would be by a common agreement binding both Goveraments not to establish any convict settlement on that part of the coast. If, how- ever, this plau were not agreeable to the German Government we should be quite satisfied with a separate Despatch confirming Count H. Bismarck’s assurances which had already been announced to Parliament. Tam, &c. His Excellency Lord Ampthill, G.C.B., (Signed) GRANVILLE. &e. &e. &e. No. 3. ADMIRALTY to COLONIAL OFFICE. Sir, Admiralty, August 15, 1884. My Lords Commissioners of the Admiralty desire me to request that you will state to the Earl of Derby that in a letter from Rear-Admiral Salmon, Commander-in- Chief on the Cape of Good Hope and West Coast of Africa Station, it is stated that the German gunboat “ Wolf” had arrived at Durban from Singapore and Mauritius, bound to Cape Town, and expecting orders to proceed to Angra Pequena or the Congo. The Rear-Admiral further reports that the General has telegraphed to him for more rockets, as he still anticipates trouble in Zululand. lam, &c. The Under Secretary of State, (Signed) EVAN MacGREGOR, Colonial Office. Enclosure in No. 3. Extracts from GeneraL Letter of Rear-Apmirat SatmMon, H.M.S. “ Frora,” at Simon’s Bay, 23rd July 1884. I xearn by telegraph from Captain Aldrich, of the “‘ Sylvia,” that the German gunboat “Wolf” had arrived at Durban from Singapore and Mauritius, bound to Cape Town, and expecting orders to proceed to Angra Pequena or the Congo. The General has telegraphed to me for more rockets, as he still anticipates trouble in Zululand. No. 4. The Ricur Hon. Str HERCULES ROBINSON, G.C.M.G., to the Rieur Hon, THE EARL OF DERBY, K.G. (Received August 18, 1884.) TELEGRAPHIC. Tue German frigate “Elizabeth” arrived here last week, having on her way from Europe proclaimed the coast trom Orange River to twenty-sixth degree south latitude, and all the islands within gunshot of mainlaind, to be under the protection of the German Empire. Ministers have sent me a Minute requesting me to move Her Majesty’s Government to notify to the German Government that the islands on the coast between the Orange River and twenty-sixth degree south latitude form parts of this Colony under Letters Patent dated 27th February 1867, Act of Parliament of Cape, Number 4 of 1874. No. 5. FOREIGN OFFICE to COLONIAL OFFICE. Foreign Office, August 20, 1884. - JT am directed by Earl Granville to request that you will inform the Earl of Derby that Baron von Plessen, who is now in charge of the German Embassy in London, called at this office on the 16th instant, and stated by direction of his Government that the German Admiralty at Berlin had received an official report from Cape Town to the effect that on the 7th instant the “ Liideritz Territory,” from the Orange River to the 26th degree of south latitude, had been placed under the protection of His Majesty the Emperor of Germany by one of his Imperial Majesty’s chips. ; Baron yon Plessen stated that he was instructed to make the above communication offcially. Sir, A 2 4 {am further to state that Baron von Plessen called again at this office on the 18th iustant, and stated by direction of his Government that they felt some embarrassment In consequence of a report having reached them that the Cape Government had declared its intention of extending the colonial limits beyond the Orange River, over territories which had been brought under the Protectorate of Germany. Lord Granville is disposed to think that no objection can properly be taken to the action of the German Government in this matter, but that inquiry should be made as to the nature of the protection referred to, and as to the rights and obligations which the German Government claim thereunder, and that a general reservation should be made of the rights of British subjects in the territory in question. As regards the reported intentions of the Cape Government his Lordship would propose to inform the German Government that they need apprehend no action on the part of the Colony which will interfere with their just rights. But his Lordship would suggest that the Cape Government be informed by telegraph of the communication made by the German Government, and be cautioned against interfering with the claims of Germany between the Orange River and the 26th degree of south latitude. Lord Granville is also of opinion that the German Government should be urged to proceed at once with the appointment of the Commissioners of the two countries who are to report on the various claims of British and German subjects on that coast. I am to request that you will move the Earl of Derby to favour Lord Granville with his observations on the communications made by the German Government, and with his views as to the action to be taken thereon. Iam, &c. The Under Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office. No. 6. The Ricur Hon. Sir HERCULES ROBINSON, G.C.M.G., to the Rigor Hon. THE EARL OF DERBY, K.G. (Received August 25, 1884.) Government House, Cape ‘l'own, My Lorp, July 30, 1884. Wiru reference to your Lordship’s telegram of the 14th instant,* I have the honour to enclose, for your information, a copy of a minute which I have received from Ministers covering copies of resolutions of both Houses of Parliament in favour of the annexation to this Colony of tke coast line between Walwich Bay and the mouth of the Orange River, and between Walwich Bay and the southern boundary of the Portuguese possessions. I have, &c. The Right Hon. the Earl of Derby, (Signed) HERCULES ROBINSON, &e. &c. &e. High Commissioner. Enclosure in No. 6. Munsters to Governor and Hicu Commissioner. Minute. Colonial Secretary’s Office, Cape Town, - July 25, 1884. In transmitting resolutions of both Houses of the Legislature affirming the expediency of providing for the annexation to this Colony of the coast line between Walwich Bay and the mouth of the Orange River and between Walwich Bay and the southern boundaries of the Portuguese possessions, Ministers have the honour to express to his Excellency the Governor their satisfaction with the contents of the telegram of the Right Honourable the Secretary of State for the Colonies, received on the 15th instant and transmitted, for the information of Ministers, under cover of His Excellency’s Minute of the same date, distinctly pointing out that Her Majesty’s Government is pre- pared to assent to the extension of German protection to such Geiman_ subjects * No. 74 in (C. 4190] August 1884. 5 only as have “acquired concession or formed settlement where no British jurisdiction already exists.” Ministers would respectfully submit that, according to the Despatch of Sir P. E. Wodehouse, addressed to the Right Honourable EK. Cerdwell, M.P., under date July 18th, 1866, the harbour of Angra Pequena was undoubtedly placed under British jurisdiction, for in the words of the then Governor “the sovereignty of the Queen has been proclaimed over the harbour of Angra Pequena.” i Under these circumstances, Ministers would earnestly urge upun Her Majesty’s Government the advisability of insisting upon the reservation to British jurisdiction of the bay, harbour, and shores of Angra Pequena. Ministers have no desire whatever to infringe upon any rights acquired by Mr. Luderitz upon soil not under British jurisdiction, but, for the preventing of contraband trade, they strongly advocate the necessity for preserving intact under British jurisdiction the coast line from the Orange River northwards. (Signed) Tuomas Upinerton. Extract from Minute or Leeisuatrive Councit. Friday, 18th July. “ That it is expedient to provide for the annexation to this Colony of the coast line between Walwich Bay and the mouth of the Orange River and between Walwich Bay and the southern boundaries of the Portuguese possessions.” Motion put and agreed to. Cuerk, House of Assembly, to CotonzaL Secretary. ANNEXATION ON NortuH-west Coast. House of Assembly, Cape Town, Sir, July 16, 1884. I wave the honour to direct your attention to the resolution of the House of Assembly adopted this day :-— ; That is expedient to provide for the annexation to this Colony of the coast line between. Walwich Bay and the mouth of the Orange River, and between Walwich Bay and the southern boundary of the Portuguese possessions, so far as it shall be proclaimed British territory. I have, &c. (Signed) Jno. Nose, The Hon. the Colonial Secretary. Clerk of the Hou se of Assembly. No. 7. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, August 25, 1884. I am directed by Earl Granville to request that you will inform the Earl of Derby that a Despatch has been received from Her Majesty’s Ambassador at Berlin, stating that the Committee of the German Society for colonization has issued a circular addressed to all the Colonial, Geographical, and Foreign Trade Societies of Germany, inviting them to unite for the collection of funds, and the promotion of German colonization, and suggest- ing that a meeting should be held to that effect in Berlin as ae as eee am, &c. The Under Secretary of State, (Signed) T V. LISTER. Colonial Office. No. 8. DANIEL DE PASS, Esa., to COLONIAL OFFICE. ‘“ Ancra PEQUENA.”? 128, Leadenhall Street, London, August 25,.1884. By this mail I have received from Cape Town copies of letters written by Mr. John Spence, a part proprietor of the Angra Pequena grant of land and mineral leases. I was informed that Mr. Spence had taken some precautionary measures. You will observe from the dates how long back they were written, As papers are asked for on this question in the House of Lords, and now no doubt in preparation, it would be advisable to include them, viz., Spence to Lippert (Consul) 25th September; Spence to F. A. E. Luderitz, 15th November; Spence to Lippert sends copy, 15th November. By what the newspapers say the German gunboat ‘‘ Méewe,” having Dr. Nachtigal on board, has been to Angra and placed Angra Pequina besides other extensive territory under the protection of the German Empire. If this piece of intelligence is true, and that German adventurers will overrun the locality, I must request that you communicate with the German Government, and inform them the Guano Islands and Seal Islands are preserves, that no heavy artillery be fired in their vicinity. These islands have been made valuable by a very gradual increase of birds since these Islands were cleared of their guano (old deposit) in 1844, and any such disturbance would soon make them perfectly valueless. I deem it prudent to place on record this fact, as the Colonial Government obtain the lease money of these Islands and have dove nothing to secure us from disturbance. I obtained my lease from the Imperial Government, and I asked Admiral Sir Henry Keppel to hoist the British flag to make them Imperial property, which was done, wherefore if any injury to these properties are now inflicted on me, I shall have some very considerable claims to make against the professed owner of the property. My firm did not sink their individual right to these islands for a sham protection. ‘Therefore again I urge, to save future trouble, that notice be given to the German Government to instruct their subjects to keep from damaging or trespassing on our property. Captain Alexander Stephens, of the British ship ‘‘ Earlshall,”’ has now arrived with guano from Angra Pequina, and his evidence can be procured for the next ten days. He has been amongst the Germans while loading at Angra, he reports that there are small bodies of them walking about shooting our birds on the mainland and giving our men drink. Sir, T have, &c. To the Under Secretary of State (Signed) DANIEL DE PASS. for the Colonies. Enclosure 1 in No. 8. Dear Sir, Cape Town, September 25, 1883. Your having called this morning to attest a copy of my grant from the late chicf of the Namaquas, David Christian, with the object i presume of forwarding the same to your Government, I will in addition thereto give you a copy of a map which was prepared by an uninterested party showing that my grant includes the Lagoon, which is really not Angra Pequena, as the southernmost point of the latter is in latitude 26° 37’ 52’ 4 direct line from this point inland to longitude 15 50 forms the extent of my grant northwards. As Mr. Luderitz seems disposed to place a different construction as to the position of the original grant to my late firm, Messrs. De Pass, Spence, and Co., and to that laid down in this map, I can only reiterate what [ have frequently stated as to the correctness of my boundaries, and which I still maintain. Mr. Luderitz, totally regardless of my prior rights, has erected buildings on grant belonging to my late firm. I have no objection whatever to the German Government 7 annexing this territory, and I am quite certain if they do my rights will be fully -acknowledged and established as herein stated. ‘ Iam, &c. W. A. Lippert, Esq., (Signed) J. SPENCE. German Consul. Enclosure 2 in No. 8. Sir, Cape Town, November 15, 1883. ALTHOUGH none of my letters to you have been replied to either by yourself or your agents here, Messrs. Poppe, Russouw and Co., the latter I was referred to by you forareply. I again wish to bring to your notice that the action taken by you in pulling down and cutting in pieces the flagstaff put up by a man in my employ with the English flag on it, as well as the attempt to make a charge on goods landed in the Lagoon, such acts are very premature on your part or of the people in your employ, for the following reasons, viz. :— The public records show that Angra Pequena was taken possession of by His Majesty’s sloop “Star” in February 1796, and the Lagoon by Her Majesty’s ship “ Valorous” in May 1866, this latter is in the records of the Admiralty, Simons Town, and you are well aware of the fact that my grant of land from the Chief David Christian, under date 21st September 1863, covers all the land round the Lagoon. You are also well aware this grant was recited, ratified, and confirmed in the lease granted to my firm, De Pass, Spence, and Co., of ii Naubor Rapoenberg, under date 9th December 1864, by the Chief and all his Raad, advised and interpreted by the Chief’s missionary, Mr. Krift. I may add for your further information that all the islands, islets, and rocks from Hollansbird Island to the north and Sinclair’s Island to the south have been leased to my late firm by Her Majesty’s Government and held by them for many years; this, I need hardly tell you, includes Shark Island, which I believe you are illegally laying claim to; being myself part proprietor of these grants and leases before referred to, and acting with full power and authority, I think it right to put all these matters before you notwithstanding your reticence. Tan, &c. F. A. E. Luderitz, Esq., (Signed) J. SpENcE, Angra Pequena. Enclosure 3 in No. 8. Dear Sir, Cape Town, November 17, 1883. I uerewiru beg to enclose copy of a letter I have sent to Mr. Luderitz, a gentle man who lately came out from Germany and established himself at Angra Pequena. It has been given out by Mr. Luderitz that a German man-of-war will be sent to Angra Pequena to hoist the German flag there and take to the country; the information in my letter to Mr. Luderitz, should, I think, be in the possession of your Foreign Office before doing so, and I beg to request you to have the enclosed forwarded by the next opportunity. Iam, &c. W. A. Lippert, Esq., (Signed) J. SPENCE, Consul for Germany. No. 9. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, August 28, 1884. Baron von Plessen, the German Chargé d’ Affaires, called at this office on the 99nd instant, and, by direction of his Government, made the following verbal statement, with reference to his previous communications on the same subject:— = «To the north of the territory which M. Luderitz acquired last year by treaty with the Chief of Bethania, other subjects of the German Emperor have, during the last two A 4 8 years, by treaties with independent Chiefs, or by cessions from those previously in ossession, obtamed rights of property, and other rights, in the territories of Namaqua and Damara. A part of these acquisitions is situated near to Walfisch Bay, in territory which up to the present time, has not, as is generally recognised, been under British jurisdiction. “ These German subjects having claimed the protection of the Empire for their acqui- sitions, the Imperial Government has granted it to them. The Imperial Government give their protection as soon as it is asked for, whenever German settlements are founded on territory not previously occupied by another Power, and when the claim is supported by valid treaties which do not violate the rights of third parties. ; “‘ These requirements were fulfilled in the present instance ; the treaties were in duc legal form; there was, therefore, no reason why protection should not be granted to those who claimed it. « This is why the claim put forward by the Government of Cape Colony, when includ- ing the British possession of Walfisch Bay in the Colony, to the neighbouring territories which are outside British jurisdiction, causes embarrassment to the Imperial Government, who are unable to reconcile this claim with the protection due to their subjects. “In the year 1880 it was declared that the Orange River was the north-western boundary beyond which British jurisdiction in the south-west of Africa should not be extended, with the exception only of Walfisch Bay and a small surrounding territory. ‘The Imperial Government, therefore, could not expect that the inquiry addressed with full confidence to the British Government, as to what rights they might now have in the territories north of the Orange River, would lead just at this moment, and in competition with German enterprises, to an endeavour to alter and extend the limits of’ British jurisdiction, as laid down in previous official declarations.” Tam now to request that in communicating to the Earl of Derby the foregoing state- ment by Baron Plessen, you will request his Lordship to be good enough to enable Lord Granville to return an early answer to it. Iam, &c. . The Under Secretary of State, (Signed) PHILIP W. CURRIE. Colonial Office. No. 10. FOREIGN OFFICE to COLONIAL OFFICE. ; Foreign Office, August 28, 1884. Wiru reference to my other letter of this day’s date,* I am directed by Earl Granville to transinit to you, for,the information and consideration of the Earl of Derby, translations of a Note and of an “ Aide Mémoire,” received from the German Chargé d’ Affaires at this Court, referring to the question of Angra Pequena, and remonstrating against the decision, which, as the German Government are led to understand, has been come to by Her Majesty’s Government to place the coast line from the north of the Orange River (with the exception of the territory occupied last year by Herr Luderitz) to the Portuguese frontier, under the protection of Her Majesty’s Government, and which decision it is represented is at variance with the declarations of Her Majesty’s (Yovernment on this subject. Sir, Iam, &.° ‘The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure 1 in No. 10. TRANSLATION. My Lorp, German Embassy, August 26, 1884. _ ‘Tue undersigned has instructions to make the following communication to Her Majesty’s Government : The recent decision of the Cape Parliament, by which it is intended to place the coast line from the north of the Orange River to the Portuguese Frontier, with the exception Vos * No. 9. 9 of the territory occupied last year by Herr Luderitz, under the protection and authority of Her Majesty's Government, is opposed, and, so far as the German Government is concerned, unexpectedly opposed to the declaration of the Government of Great Britain as to the fixed north-western boundary of the Cape Colony as summarized in the German Ambassador s note of the 31st December last. As they received no answer to that note, the Imperial Government made up their minds in regard to the protection of German enterprises on the coast north of the Orange River, in accordance with that official declaration of the British Government, and on the 24th of April communicated their decision officially to Her Majesty’s Government through the Imperial Ambassador, and to the residents on the coast through the Imperial Consul at Cape Town. The exchange of views on this subject, which took the form of a declaration by Her Britannic Majesty’s Secretary of State for Foreign Affairs in the month of June, removed all doubt from the minds of the German Government that Her Majesty’s Government would make the necessary communications to Cape Town to anticipate decisions which _ might create embarrassments for the two friendly Governments. Again, on the 13th July of this year, Lord Granville sent Count Munster a copy of a Despatch to the British Ambassador in Berlin, in which distinct reference was made to the public declaration by Her Majesty’s Government of the definition of the boundaries of the Cape Colony. This definition could only be that which was alluded to in Count Munster’s note of the 31st of December last, according to which Her Majesty’s Government declared that the Orange River, with the sole exception of the Walfisch ‘Bay and a small piece of territory round it, was the north-western boundary of the Cape Colony, and that they would not encourage any scheme for extending British jurisdiction over Great Namaqua and Herrero. The recent decision of the Cape Parliament for the extension of the colonial territory of England is really calculated to injure the German undertaking. ‘The undersigned is instructed to express the confident hope of the German Government that Her Majesty’s Government will do justice to the friendly sentiments of both Governments by refusing their consent to the proposals of the Cape Colony. Relying upon the relations which have hitherto existed between the two countries the German Government last year openly and loyally, at first confidentially and then officially through the note of December 31st, 1883, addressed inquiries to the British Government with a view to officially settling questions which obviously arose from what had gone before, namely, that England had no claim to any part of the territory north of the Orange River except Walfisch.Bay. It would have been possible to have given an answer to this ina few days, as it did not require any correspondence with the Cape Colony. Most assuredly the. German Government did not calculate when they made their inquiry that the definitive answer would be put off for more than six months, and that the interval would be utilised to push forward rival schemes of English annexations of territory. : It is impossible to admit the theory advanced by the Cape Parliament of theoretical annexations cf extended and unexplored coasts and stretches of land by means of decrees published at a distance ; it is contrary to the law of nations and to tradition. If the Cape Government were to carry out the decisions they have adopted the English Government could not divest themselves of the responsibility for them, even apart from the fact that the English Cabinet Minister made use of the time during which we were waiting in quiet confidence for an answer to our query of Deceinber 30th, 1883, to distinctly encourage the Cape Government by his telegrams of February 3rd, May 8th, June 17th, and July 14th, which were published in the Colony, to arrive at these decisions, the object of which is to prejudice the development of German undertakings. I have, &c. (Signed) V. PLEssEN. Enclosure 2 in Nu. 10. "TRANSLATION. Tue Imperial Government has acted on the principle in the matter of the Angra Pequena question, that no other Power can put forward a claim to the territory northwards from the Orange River to the Portuguese boundary with the exception of Walfisch Bay and of a small contiguous territory. - w 15283. B 10 As far as England is concerned, this assumption is based upon various official documents, which have been laid before the English Parliament at the time and published at Cape Town. In the first instance a Despatch of September 30, 1880, from Lord Kimberley, at that time British Secretary of State for the Colonies, to the Governor of Cape Colony and High Commissioner in South Africa, may be taken into consideration, in which it was stated that the Orange River was to be considered as the north-west boundary of the Cape Colony, with the exception of Walfish Bay, which was to be recognised as British territory at the request of the Cape Colony, and that the British Government would give effect to no plans for the extension of British jurisdiction over Great Namaqua and Herrero. The British Government had explained to the Imperial German Government in a Note from Lord Granville of November 29, 1880, in consequence of proposals for the protection of German missionaries from the Rhine, who had been established over 40 years in the latter territories, that the Cape Government would willingly extend such protection as they were able, to German subjects. The Minister for the Colonies begged, however, the German Government distinctly to understand that the British Government could not be held responsible for whatever might happen beyond British territory, which latter included Waltfisch Bay and a very small portion of the immediately surreunding countrv. After these declarations on the part of the British Government, it would not have been necessary to again address an application to the British Government in consequence of the protection proposal of Herr Luderitz for the settlement founded by him on notoriously independent territory. If the Imperial German Government had done this, however, it was because they had previously applied to the British Government with a view of demanding an act of courtesy, but now they wished to possess an official declaration respecting the existing rights of the English Government over the territory in question. Relying upon the friendship of England, they hoped at the same time to be able to count upon the goodwill of the British Government towards the German settlement founded in the neighbourhood of a British Colony. Lord Granville’s Note of November 21 of that year to the German Ambassador did not realise this latter hope. It confirmed, never- theless, in the main the view that England had acquired meanwhile no further rights over the coasts in question. : At the same time, however, it raised a claim based entirely on the plea of propinquity to the exclusion of the jurisdiction of any other Power. The German Government could not permit this principle to hold good, and thereupon addressed the Note dated the 31st December through the Imperial Ambassador, plainly inquiring what Institutions England had provided there to render unnecessary that protection which the Empire owes to its subjects. _ Whilst awaiting the reply of the British Government to this Note during a space of four months, the Imperial Government received the information that the Cape Govern- ment seemed to doubt whether the lands acquired by Messrs. Luderitz, north of the Orange River, and establishments set up there, had a claim to the protection of the German Empire ; the Imperial Consul in Cape Town was therefore instructed by telegraph on April 24th to set these doubts at rest by an official explanation, and the Imperial Ambassador in London was directed at the same time to inform Her Majesty’s Government of this step. In the course of the conversations which ensued on this last communication the British Minister for Foreign Affairs had explained the fact that the Note of the 31st December 1883 had not been answered by a misunderstanding of its import, and a correspondence which took place in consequence of this between the English Colonial Office and the Cape Government. But the blue books published by the Cape Government contain a number of Despatches which show that the inclination of the Cape Government for enlarging their territory was first gradually awakened by Lord Derby’s telegrams, and even to the latest date heightened by him. . : The Imperial Government first received intelligence of these proceedings through a telegram of the German Consul’s at Capetown in the first days of June, according to which the Cape Government had declared itself ready in consequence of a telegram of Lord Derby’s of the 8th of May, to bear the expense of the annexation of the coast as far as Waltisch Bay, inclusive of Angra Pequena. The interchange of ideas which took place in consequence of this between the German aud English Governments led to Lord Derby’s telegraphic instructions to. the Cape 11 Government of the 17th June, to suspend their decision on this question provisionally ites Imperial German Ambassador was officially informed by Lord Granville of thi step. The German Government considered it as definitely settled after Lord Granville’s expressions on that occasion, that from this moment no sort of hindrance or opposition would be set in the way of the natural development of the German enterprise on the part of England. In this supposition the German Government could only be strengthened by reference to the definitions of the boundaries of the Cape Colony publicly given by England ; a reference which is to be found in the Despatch to Lord Ampthill com-’ municated to the German Ambassador on the 13th of July. They were consequently not inclined to give credence to the private telegram of Messrs. Luderitz, which was communicated to them, to the effect that on the 15th of July, in consequence of a telegram of Lord Derby’s of the 14th of the same month, the Cape Parliament had declared itself ready to undertake the expense of the annexation of the whole coast as far as and beyond the Portuguese boundary. In answer to a question of the German Ambassador’s as to whether any instructions had been sent to Cape Town since the 17tn of June, his Excellency was merely informed by Lord Granville that on the 14th of July telegrapnic instructions in a similar sense had been sent there. This could only be understood by the German Government in one way, that these instructions had been in a sense similar to the contents of the Despatch communicated to Count Minster on the 13th July. But after the accounts and newspapers that have come in lately from Cape ‘Town, it is no more a matter of doubt that the contents of the instructions of the 14th of July had been in a sense similar to that described by the private telegram. In point of fact, Lord Derby had declared, according to this information, that the British Government is ready to put the whole coast line, with the exception of the acquisitions of Herr Luderitz near Angra Pequena, under British protection if the Cape Parliament consent to bear the cost of their annexation. The Cape Parliament decided in this sense on the 15th of July, and at the same time petitioned that the littoral districts between the Orange River and the Portuguese boundary might be declared British territory. The Under Secretary of State for the Colonial Office, Mr. Ashley, announced their decision in the sitting of the Lower House of the 29th of the month in this form: It had been proposed that the coasts between the Orange River .and the southern Portuguese boundary, including the British settlement of Walfisch Bay, be placed under the control of the Cape Government, and that this control should not be exercised in the territory of Angra Pequeza which is under German protection. ae According to the newspaper reports respecting the proceedings in the Cape Parliament which preceded. these decisions, it is evident that as far as the latter are concerned, it is a question of intended injury to German enterprise. These conclusions and the opinions expressed at the time are all the more strange towards the Imperial Government, as it appears from the Blue Book laid by the Cape Government, that the preceding governments had originally entertained financial reasons against any extension of the boundaries of the Cape Colony, and had expressed this opinion to the English Government. No. 11. The Ricur Hon. Sm HERCULES ROBINSON, G.C.M.G., to the Riaur Hon. the EARL OF DERBY, K.G. (Received September 8, 1884.) "TELEGRAPHIC. 7th September. German Consul here reports that gunboat “ Wolf” have placed under rotection of German Empire the coast territory from 26th degree south latitude to Walfisch Bay, and from Walfisch Bay up to Cape Frio, with usual formalities. Upon coast so annexed are situated Hollams Bird Island and Mercury Island, both of which form part of this Colony. cipea ee Re REE 12 No. 12. The Ricur Hon. Sm HERCULES ROBINSON, G.C.M.G., to the Ricur Hon. rng EARL OF DERBY, K.G. (Received September 11, 1884.) Government House, Cape ‘Town, My Lorp, August 20, 1884. I nave the honour to forward a copy of a letter which I have received from the German Consul at this port, informing me that Captain Schering, commanding His Imperial German Majesty’s ship “ Elizabeth,” had placed the territory acquired by Mr. Luderitz north of the Orange River to the 26° south latitude, including the islands belonging thereto by the law of nations, under the protection of the German Empire. ‘lhe Consul adds, at the request of Captain Schering, that the expression used in the proclamation “ including the islands belonging thereto by the law of nations” means and includes all the islands within gunshot distance of the mainland on the coast proclaimed. 2. L enclose also a Minute which I have received from Ministers requesting me to bring this matter under the consideration of Her Majesty's Government: 3. On the coast proclaimed, that is, between the Orange River and the 26° south wale latitude, the islands, islets, and rocks specified in the margin chaboe. Dong Island, form part of this Colony under the authority of Her Majesty’s Seal Island, Letters Patent of 27th February 1867, and the Act of the ieee Cape Parliament, No. 4 of 1874. Popserpinn Tiga 4. To prevent any misapprehension arising from Ministers’ aaa Minute, I may mention that Hollamsbird and Mercury Plum Pudding. = Islands, also annexed to this Colony under the Letters Patent Roast Beef, or Sinclair’s Island. and Act above referred to, are not affected by Captain Schering’s Proclamation, being north of 26° south latitude. I have, &c. The Right Hon. the Earl of Derby, —_ (Signed) HERCULES ROBINSON, &e. &e. &e. High Commissioner. Colonial Office. Enclosure | in No. 12. ImperraL German Consut to Governor AND HiauH Commissioner. Kaiserlich Deutsches Consulat, Capstadt, Your ExcELLENCY, August 15, 1884. I save the honour to inform your Excellency that Captain Schering, commanding His Imperial German Majesty’s ship “ Elisabeth,” has, on the 7th instant, by order of His Imperial Majesty the Emperor of Germany, placed the territory acquired by the firm of F. A. E, Luderitz at Angra Pequena, under the protection of His Majesty, and has evidenced this by hoisting the Imperial flag. The flag remained flying all day, and a post has been erected ‘at the spot with the German colours and the inscription :— “ Territory Luderitz, north of the Orange River to 26° south latitude, under the protection of the German Empire.”* A proclamation was read at the same time, copy of which I have the honour to enclose, to which I would beg to add, at the request of Captain Schering, that the expression used in same— “ Including the islands belonging thereto by the Law of Nations ”* means and includes all the islands within gunshot distance of the mainland on the coast proclaimed as above, according to the law of nations, and, further, that the duly acquired and proved rights of third parties will be respected by the German Government. I have made a similar notification to your Excellency’s Ministers. I have, &c. ‘Yo his Excellency Sir H. G. R. Robinson, (Signed) W. A. Lippert, Governor of the Cape Colony, and The Imperial German Consul. High Commissioner, &e, &e. &e., Cape Town. * Translation. 13 * "TRANSLATION. . Master's Office, August 16, 1884. His Majesty the German Emperor William [., King of Prussia, has commanded me to proceed to Angra Pequena with His Majesty’s two-decked corvette “ The Elizabeth,”’ to place under the direct protection of His Majesty the territory belonging to Mr. A. Luderitz on the West Coast of Africa. The territory of Mr. A. Luderitz will, according to official communication, be taken to extend from the north bank of the Orange River to the 26° south latitude, 20 geogra- phical miles inland, including the islands belonging thereto by the law of nations. In carrying out His Majesty’s commands I herewith hoist the Imperial German flag, and thus place the above-mentioned territory under the protection and sovereignty of His Majesty the Emperor William I., and call upon all present to give three cheers for His Majesty. Long live His Majesty the Emperor William I. . (Signed) SCHERING, Captain at sea, and Commandant of His Imperial Majesty’s ship “ Elizabeth.” Certified as a correct translation, (Signed) G. A. WarerMeyer. Enclosure 2 in No. 12. Ministers to Governor anp Higa Commissioner. Attorney-General’s Office, Cape Town, ( Minute.) August 16, 1884. Ministers have the honour to state, for the information of his Excellency the Governor, that an official letter, of which a duplicate has been addressed to his Excellency, was yesterday received by them from the Consul of the German Empire at Cape Town, wherein it was announced that by order of His Imperial Majesty the Emperor of Germany the territory acquired at Angra Pequena by the firm of F. A. E. Luderitz, and alleged to extend from the northern bank of the Orange River to the 26th degree of south latitude, was, on the 7th instant, proclaimed to be under the protection of His Majesty. intinate is further given that in the proclamation all the islands within gunshot distance of the mainland are included. Ministers desire to bring to the immediate notice of his Excellency the Governor that the islands on the coast between the Orange River and the 26th degree of south latitude have been long annexed to this Colony, and therefore it is clear that the proclamation referred to cannot have been intended to include those islands. Act No. 4 of 1874, which provides for such annexation in pursuance of Letters Patent dated 27th February 1867, recites that the island of Ichaboe was, on the 21st June 1861, duly taken possession of for and on behalf of Her Majesty Queen Victoria, and that, on the 5th May 1866, certain other islands, islets, and rocks on the coast, viz., Hollam’s bird, Mercury, Long Island, Seal Island, Penguin Island, Halifax, Possession, Albatross Rock, Pomona, and Plumn- pudding and Roast-beef or Sinclairs Island, in the Act afterwards called the Penguin ~Isiands, were also taken possession of for and on behalf of Her Majesty. ‘To remove any doubt upon this subject, Ministers would beg to request that Her Majesty’s Imperial Government be moved to notify to the German Government the fact that the islands above-mentioned form part of this Colony. ? (Signed) Tuomas Upineron. B 3 14 No. 13. DANIEL DE PASS, Esa., to COLONIAL OFFICE. 128, Leadenhall Street, London. September 11, 1884. Ca.iine your attention to the statement from the “ Times” correspondent, in the issue of that paper of the 9th instant, which states that reports were going the round of the German papers that the German gunboat “ Wolf” had annexed the whole coast line from the Portuguese possessions to the Orange River, leaving out only the colonial possession of Walwich Bay, I beg to refer you to my letter of the 4th July,* in which I drew attention to my locus standi at Sandwich Harbour, and the many years of our occupation of the land around the shores of the Bay unchallenged by any owner or presumed owner during this long period. The “Times” report further says that Herr Luderitz has acquired all the territory alluded to :— I have now to hand letters from Cape Town, dated 20th August, and Mr. John Spence who is interested with me writes, “I have to bring to your notice that the “* German Government have taken possession of, and hoisted the German flag on the “ mainland at Angra Pequena, and all the Guano Islands within gun shot range of the * mainland from the Orange River northwards to the 26° of south latitude.” In ny letter to you of the 25th August. foreseeing the damage which might be dealt us by the firing of guns I wrote, “I must request that you communicate with the German ** Government, and inform them that the Guano Islands and Seal Islands are preserves, * that no heavy artillery be fired.” On 7th August the German frigate “‘ Elizabeth” made a formal annexation, and took formal possession for the German Empire of Angra Pequena on the mainland and of the islands within gunshot of the mainland, which are “ Ichaboe,” ‘“‘ Roast Beef,” alias “Sinclair,” ‘ Albatros Rock,” ‘ Halifax,’ “ Possession,” ‘“ Plum Pudding,” ‘** Pomona,” “ Seal,” “‘ Lang,” Penguin,” and “ Eighty Four,” upon which the German Flag has been hoisted and a royal salute fired by heavy artillery, right amidst these preserves. I cannot yet know the injury the vibrations of artillery explosions, which are heard miles off will have caused. It is quite possible that from some of the islands the birds will have been scared away. According to the terms of the lease from the Imperial Government granted. to us for several considerations, I cannot but look upon this proceeding of the German Govern- ment, as an injury to my property and perhaps a fatal one to the progressive increase of guano deposit, for so well known to our Naval authorities at Simons Bay is the calamitous effects of artillery fire in the vicinity of these guano islands that the captains of Her Majesty’s ships have orders not to fire in their neighbourhood. Under these circum- stances the sooner the German Government are commynicated with the better, that I may know what satisfaction I am to have for this process of annihilation. Iam, &c. To the Under Secretary of State (Signed) DANIEL DE PASS, for the Colonies. Sir, No. 14. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, September 13, 1884. ; I am directed by Earl Granville to-transmit to un for the fatocmedian af ae Fal of Derby, copy of a Despatch which his Lordship has addressed to Her Majesty’s Chargé d’ Affaires at Beriin, respecting the establishment of a German Protectorate over that part - the West Coast of Africa which extends from 26° S. to Cape Frio, excepting Walfisch ay. Iam, &c. The Under Secretary of State, (Signed) ed V. LISTER Colonial Office. * No. 68 in [C. 4190] August 1884, T No. 8. 15 Enclosure in No, 14. Sir, Foreign Office, September 13, 1884. Baron Pressen, the German Chargé d’ Affaires, called at this Office on the 8th instant to give notice on behalf of the German Government that the West Coast of Africa from 26° South to Cape Frio, excepting Walfisch Bay, had been placed under the protection of the German Empire by the hoisting of the German flag by the Commander of His Imperial Majesty’s ship “ Woif.” He was also to propose on behalf of his Government that ‘the settlement of tke question” should be entrusted to Commissioners to be named for the purpose. Baron Plessen was asked what he understood by “the settlement of the question ;” he said he thought it probably referred to the delimitation of Walfisch Bay, but he had no explanation in his instructions. I have to request you to inform the German Foreign Office that Her Majesty’s Govern- ment will be quite ready to appoint a Commissioner, and await a further communication from the German Government with a view of settling the joint instructions to be given to the Commissioners. Iam, &c. C. S. Scott, Esq., (Signed) GRANVILLE. &e. &e. No. 15. DANIEL DE PASS, Esa., to COLONIAL OFFICE. 128, Leadenhall Street, London, Sir, _ September 16, 1884. I Bzc to call your attention to information published in this morning’s “ Times,” under the heading of German news. The proclamation put forth on the 7th August 1884, by Captain Schering of the German war-ship “ Elizabeth,” at Angra Pequena, describes the territory of Herr Luderitz, viz., from the north bank of the Orange River to the 26th degree of south latitude and 20 German geographical miles inland, including the islands belonging thereto, according to international law. ‘This is a confirmation of the facts I reported to the Under Secretary of State in my letter of the 11th instant.* The whole of the islands leased to my late firm, with the exception of two, are com- prised in the above alluded to proclamation, and that Herr Luderitz has acquired the ownership is the construction the world at large must put on these actions and language. As I have not hitherto had replies to my letters, and as large interests of mine have been dealt with by a foreign Power, I should be glad to know positively if our Government have relinquished their territory, and if not whether they will take steps to publish to the world a counter statement to that put forth of sovereignty by Germany. I have, &c. To the Earl of Derby, (Signed) | DANIEL DE PASS. Secretary of State for the Colonies. No. 16. COLONIAL OFFICE to FOREIGN OFFICE. Downing Street, September 16, 1884. Wiru reference to previous correspondence on the subject, Tam directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of a lettert from Mr. Daniel De Pass, in reference to the proceedings of certain German ae in the ' neighbourhood of Angra Pequena, together with a copy of the reply{ which his Lordship has caused to be addressed to him. Sir, * No. 13. t No. 8. I No, 17. 16 2. Lord Derby is of opinion that some representation should be made to the German Government in the sense desired by Mr. De Pass. Iam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. " No. 17. COLONIAL OFFICE to DANIEL DE PASS, Ese. Sir, Downing Street, September 16, 1884. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 25th ultimo ;* with enclosures, respecting the islands leased by you at Angra Pequena. : 2. Iam to inform you that the German Government will be requested to give such instructions as may prevent, as far as possible, any injury to your undertaking ; but that, at the same time, it appears evident to his Lordship that the formation of a settlement in the immediate neighbourhood of the islands which you claim as your property must, under any circumstances, have a tendency to drive away the birds. I am, &c. Daniel De Pass, Esq. (Signed) JOHN BRAMSTON. No. 18. Tue Ricur Hon. Sir HERCULES ROBINSON, G.C.M.G., to the Ricur Hon. toe EARL OF DERBY, K.G. (Received September 17, 1884.) Government House, Cape Town, My Lorp, August 27, 1884. Wirn reference to my Despatch of the 20th instant,f 1 have the honour to forward, for your Lordship’s information, copy of a further minute which I have received from Ministers, forwarding communications from Captain Spence, enclosing copy of the lease by Sir Philip Wodehouse of the islands on the West Coast, and copies of the grants of land at Angra Pequena made by the Chief David Christian. I have, &c. (Signed) HERCULES ROBINSON, The Right Hon. the Earl of Derby, High Commissioner. &c. &e. &c. Enclosure in No. 18. Colonial Secretary’s Office, Cape Town, (Minute.) August 25, 1884. Wirtu reference to their Minute of the 16th instant, relating to the proclamation of German sovereignty on the West Coast, Ministers have the honour to submit, for the information of his Excellency the Governor, copy of a letter dated the 19th instant received from Captain Spence as the representative of lessees, under the British Crown, of islands lying within gunshot cf the mainland, pointing out that, if the proclamation above referred to has been duly made and sovereignty over the islands transferred to a foreign Power, his rights as lessee will be interfered with, and, in addition complaining of the danger of the sea-birds on the islands being scared away by the firing of guns as mentioned in the proclamation of Captain Schering. A copy of the lease made to the lessees by Sir Philip Wodehouse in his Capacity as Governor of the islands in question is sent herewith. as * NG. 8. + No. 12. 17 Ministers further beg to submit copy of a subsequent communication from the same gentleman regarding his right to certain lands at Angra Pequena, extending along the sea- board from Baker’s Cove to Angra Pequena and inland to a distance of 50 miles. Copies of the grants of the lands claimed vy Captain Spence are also sent herewith. Finding from a report, which has just reached this Colony, of remarks made in the House of Commons, on the 29th ultimo py Mr. Ashley and Lord E. Fitzmaurice, that it was the intention of Her Majesty’s Imperial Government to assent only to the protection of German subjects at Angra Pequena, and that annexation to the German Empire of the coast-line northward of the Orange River was not contemplated, Ministers would in the interests of the Colony, beg to again urge strongly the necessity for the maintenance of the coast-line, as well as the harbour of Angra Pequena, as British possessions to be annexed to the Cape Colony in accordance with proposals to that effect made to Her Majesty’s Imperial Government. It appears from the Public Records of this Colony that so far back as 1796, a precisely similar course to that recently adopted by Captain Schering acting on behalf of the German Empire was adopted by Captain Alexander acting on behalf of the British Crown at Angra Pequena. Captain Alexander landed there and “took possession, in His *« Majesty’s name, by hoisting the King’s colours, firing three volleys, and turning over “ the soil.” Mony years later a further formal proclamation of the sovereignty of Her Majesty the Queen over the harbour of Angra Pequena was made, that is to say, on May 5th, 1866. when Captain Forsyth, commanding Her Majesty’s ship “ Valorous,” acting under the orders of the officer in command of Her Majesty’s ships and vessels on the Cape of Good Hope Station, issued, with the knowledge and assent of Her Majesty's Imperial Government, a proclamation, copy herewith, declaring that “the sovereignty and “ dominion of Her Britannic Majesty Queen Victoria’ was declared over “ the harbour commonly known as Angra Pequena.” Since that tine Angra Pequena has been considered to be under British jurisdiction, and British subjects such as Captain Spence have acquired interests there. Ministers were therefore surprised to find that Angra Pequena, and also the entire coast line from the 26th degree of south latitude downwards to the Orange River, together with adjacent islands already forming portion of this Colony, had been formerly taken possession of by a foreign Power. . Ministers trust that it may yet be found possible to accede to the proposals of this Colony with regard to the coast-line, including the harbour of Angra Pequena. : The cost of carrying out such proposals would devolve solely upon the Colonial Government, and the Imperial Government would incur no other responsibility than that which attaches to it as the head of the empire. (Signed) Tuomas Upinerton. “A. Sir, Bury Street, Cape Town, August 19, 1884. My attention has been called to a statement in the newspapers that the German frigate “ Klizabeth ” has taken formal possession in the name of the German Empire of Angra Pequena on tlie mainland and of the islands within gunshot of the mainland. If this statement be correct then the German Empire has taken possession of the islands known as Ichaboe, Roast Beef (alias Sinclair’s Island), Albatross Rock, Halifax, Possession, Plu Pudding, Pomona, Seal, Long, Penguin, and 84 islands, which with two other islets, Mercury and Hollandsbird, lying a little further off, were, by deed dated the 11th day of January 1869, leased as British possessions to my late firm of De Pass, Spence and Company, and Robert Augustus Granger, by his :xcellency Sir Philip Edmond Wodehouse, Governor of Ichaboe and the Penguin Islands, thereunto empowered by Royal Letters Patent bearing date at Westminster the 27th day of July 1867. "My said firm subsequently acquired the share of rights of Mr. Granger, and I am now, under arrangements made at the dissolution of my firm, the possessor ofa moiety of the lease, and all rights ee and Mr. Daniel De Pass, now a resident in I:ngland, but , ; nt, of the other moiety. _ a fee tee copy of which T ales for fuller information, the said islands were leased to us for a period of 21 years, expiring on the 30th Jaly 1895. The consideration was cession by us to the Governor of tke Patent Slip of Table Bay, on which we had expended 22,500/., and the annual rental of 8001., besides the expenditure of a large u 15283. C 18 yearly outlay incurred in protecting the guano birds, the staple of the island, from molestation. Ichaboe was formally taken possession of; for and on behalf of Her Majesty-the Queen, on the 21st cf June 1861, and the other islands, islets, and rocks on the 5th May 1866, and the whole again were on the 16th of July 1866 annexed by proclamation of Sir Philip Edmond Wodehouse to this Colony, and declared to form part thereof, which annexation originally, but, as it subsequently appeared, somewhat informally, was confirmed by the Colonial Act, No. 1 of 1873, and thereafter more formally by the present Act, No. 4 of 1874. Under the circumstances stated, it is clear that the islands said to have been taken possession of are British territory, and as much a portion of this Colony as Robben Island at the mouth of Table Bay, and that British interests have been jeopardised, and private rights disregarded by a foreign Power. I am quite prepared to hear of serious mischief done by the mere act of firing a royal salute at the hoisting of the German flag in Angra Pequena Bay, as I am informed was done on the 7th instant. The value of Ichaboe, and the Penguin Islands depends on the guano annually deposited by sea birds of shy habits, who frequent these places to breed, and who are very easily scared away. The firing of cannon will drive away all the birds within reach of the noise, and once scared away, years pass before they revisit the place. So well is this fact known, that Her Majesty’s cruisers visiting the guano islands have received instructions to abstain from firing guns, I cannot too strongly urge upon the consideration of the Government the grievous loss Mr. De Pass and myself will sustain, if measures are not promptly taken to protect us against the threatened appropriation of our property, and the destruction of a vaiuable branch of Colonial trade by the proceedings at Angra Pequena which I have the honour to bring under your notice. I am, &c. ‘The Hon. Thomas Upington, Q.C., (Signed) J. SPENCE. Attorney General, &c., Cape Town. B. To ALL WHOM IT MAY CONCERN. Whereas by Letters Patent bearing date at Westminster, the twenty-seventh day of February, in the year one thousand eight hundred and sixty-seven, it was among other things provided that the Governor of the islands of Ichaboe and the Penguin Islands should be authorised and empowered, as’he might deem expedient, under his band and seal, to confirm any grant, disposition, lease, or license which might have been made or issued before the date of the said Letters Patent to any person or persons in respect of the said islands of Ichaboe, or the said Penguin Islands, or any of them or any part thereof, by any Governor of the Colony of the Cape of Good Hope. And whereas on the twenty-fourth day of October, in the year one thousand eight hundred and sixty-one, the said Governor of the Cape of Good Hope’ dic by certain three leases, copies whereof are hereunto annexed, grant unto Thomas Watson William Clifford Knight, Daniel De Pass, John Spence, and Robert Augustus Granger a certain exclusive right in and over the islands in the said leases named respectively for a term of seven years, commencing on the first day of August, in the year one thousand eight hundred and sixty-one, and terminating on the thirty-first day of J uly one thousand eight hundred and sixty-eight, and subject to the reservations | tions in the said leases contained respectively. ‘And whereas on the sixtcenth day of October, in the year one thousand eight hundred and sixty-six, the said Governor of the Cape of Good Hope did by certain two other leases, copies whereof are also hereunto annexed, grant unto Robert Augustus Granger, represented by Charles Akin Fairbridge Daniel De Pass, and John Spence, a certain exclusive right in’and over the islands in the said leases named respectively for a term of five years, commencing on the first day of August, in the year one thousand eight hundred and sixty-eight, and terminating on the thirty-first day of July, in the year one thousand eight hundred and seventy-three, and subject to the reservations and conditions in the said lease contained respectively. in the year and condi- 19 And whereas on the sixteenth day of August, one thousand eight hundrea and sixty seven, I, Sir Philip Edmond Wodehouse, K.C.B., Governor of the said islands of Ichaboe and the Penguin Islands, did by grant passed under my hand and seal at Cape Town, copy whereof is hereunto annexed, confirm each of the said leases herein-before recited. And whereas the sole parties now interested in the said leases and entitled to any rights and benefits thereunder, are the said Daniel De Pass and John Spence, trading in co-partnership under the style of De Pass, Spence, and Company, and the said Robert Augustus Granger, in the following proportions, that is to say, the said De Pass, Spence, and Company to the extent of two-thirds share, and the said Robert Augustus Granger to the extent of one-third share, as herein-after specially mentioned. And whereas the said De Pass, Spence, and Company and Robert Augustus Granger, for the consideration after mentioned, and for other divers good causes them thereunto moving, have jointly and severally surrendered to me and wholly renounced, all and singular, their right, title, claim, interest, demand in and to and under the said several leases and grant of confirmation, declaring the same to be wholly cancelled, null and void, and of no legal force and effect whatsoever. Now know ye that for the consideration aforesaid, and in consideration of the rent and conditions herein-after reserved and contained respectively, and on the part of the lessees to be paid and performed respectively, and for divers other good considerations and under and subject to the provisions herein-after contained, I, the said Sir Philip Edmund Wodehouse, as such Governor aforesaid, do hereby declare to grant by way of lease the said. islands to the said De Pass, Spence, and Company and Robert Augustus Granger, for the term or period of twenty-six years and upwards, that is to say from the present day to the thirtieth day of June one thousand eight hundred and ninety-five, in the manner, for the purposes, and on the conditions and stipulations following, that is to say— iret. The said islands hereby leased shall consist of those known as [chaboe, Roast Beef (alias Sinclair’s Island), Albatross Rock, Halifax, Mercury, Possession, Plumpudding, Pomona, Seal, Long, Penguin, Hollamsbird, and Eighty Four Islands, and Black Rock and Steeple Rock and Reef. Second. All rocks and islets lying between Hollamsbird Island on the north, and Roast. Beef (or Sinclair's Island) on the south, not herein specially named, called the Ichaboe Group, shall nevertheless be declared and taken to be included in this lease. Third. The said lessees shall have the sole and exclusive right to remove from the said islands, islets, and rocks all or any of the guano, feathers, skins, oil, or other produce which the said islands, islets, and rocks may yield, minerals and precious stones excepted, which are hereby expressly reserved. Fourth. The said lessees, their heirs, administrators, and assigns shall respectively have and possess the right at all times during this their lease to construct or put up any buildings or other erections, and erect machinery or other appliances, or any work calculated to develop their natural resources (minerals and precious stones excepted) on the said islands and rocks which may be considered necessary or requisite for their operations, and at any time before the expiration of the said lease they shall be entitled to remove or sell and dispose of the same and every part thereof. Fifth. The lease shall be deemed to have commenced on the first day of August one thousand eight hundred and sixty-eight. Sixth. The said lessees shall during the period of their lease take all proper measures ° to preserve the birds frequenting the said islands, and shall ccllect and remove guano and seal skins during the usual proper seasons only, and the said lessees shall not kill or destroy, or injure or suffer to be killed, destroyed, or injured, any of the birds called malagas birds or other useful birds frequenting the said islands, or any of them, without previously obtaining license from the Governor for the time. being of the said islands, and shall not in any way exceed such license as may from time to time be granted by such Governor for any such purposes either by killing, destroying, or injuring any birds of'a kind to which any such license shall not extend, or in a place, or at a time to which any such licence shall not extend, or by killing, destroying, or injuring birds of a kind to which any such license may extend to an amount or number beyond the amount or number of which such license may from time to time authorise the killing, destruction, or injury. Seventh. All guanc, birds, eggs, feathers, and seals, while in the said islands, rocks, or any of them, shall be deemed and cousidered to be lawful personal property of the said lessees, their heirs, administrators, and assigns. ae Eighth. No duty or tax shall be imposed on the export from the said islands, or any article the produce of the said islands, exported from the said islands, or any of them, by the said leszees, their heirs, administrators, and assigns. 4 C 2 20 Ninth. The said De Pass, Spence, and Co., and Robert Augustus Granger shall pay annually during the continuance of this lease, the sum cf eight hundred pounds sterling, to be paid on the first day of August of each and every year, up to the year one thousand eight hundred and ninety-four inclusive, and also on the thirtieth day of June in the year one thousand eight hundred and ninety-five, in respect of the tenancy of the said islands, during the period from the first day of August one thousand eight hundred and ninety- four to the said thirtieth day of June one thousand eight hundred and ninety-five, to the Governor for the time being of Ichaboe and the Penguin Islands (or to such other person as the said Governor shall order), such payments to be made respectively each in one payment, in good, current, and lawful money. Tenth. ifthe said De Pass, Spence, and Company, or the said Robert Augustus Granger, shall fail to make such annual payments for two consecutive years, the said annual payment shall not only be recoverable by process of law, but the said Governor for the time heing shall thereupon be entitled to cancel these presents, and thereupon all the rights, title and interest of the said lessees, their heirs, executors, administrators, and assigns, and all right, title, and interest of every person claiming by, through, or under them or any of them, or under or by virtue of these presents in the said islands, islets, and rocks shall be forfeited to Her Majesty the Queen, in respect of Her sovereignty over the same, Eleventh. It shall be lawful for the said lessees, their heirs, executors, administrators, and assigns, if they shall see fit during the continuance of the terms hereby granted, to determine the said lease by giving twelve calendar months clear notice of their intention so to determine the same on the first day of August in any year to the Govervor of the said islands and premises hereby granted, paying all rent, and performing all the conditions of these presents up to the day of actual determination thereof, including such day, and thenceforward all the rights, title, and interest of the said lessees, their heirs, executors, administrators, and assigns, in or to the said islands, islets, and rocks, and premises, shall cease and determine. And the ‘same revest in Her Majesty the Queen in respect of Her sovereignty over the same premises, fued, and discharged from these presents, and every incunibrance thereunder, and the said lessees, their heirs, adminis- trators, executors, and assigns, shall thenceforward be discharged of all rent which would otherwise subsequently accrue under or by virtue of these presents and of and from the performance of the other conditions hereof which would otherwise have to be performed under the provisions of these presents in respect of any obligation, accruing thereunder, subsequently to the day on which these presents shall be so determined as aforesaid. Twelfth. Subject to the foregoing stipulations and conditions the said lessees shall be entitled to sub-let or to sell and dispose of and convey their right, title, and interest under this lease. Thirteenth, It shall be lawful for the Governor for the time being of the said islands, islets, and rocks (for the purpose of better securing the performance of the conditions of this lease to be observed by the lessees), to enter upon the same or any of them, or any part thereof, at any time during the continuance of the term by these presents granted, or to appoint and authorise any person or persons so to enter from time to time, or to remain upon any of the same islands, islets, and rocks, and the said Governor and every person so to be appointed or authorised by him in that behalf, shall have full license and free liberty from the lessees, their heirs, executors, administrators, or assigns, and their servants without let or hindrance to proceed to every part of the said islands, islets, or rocks (but not so as to disturb the birds and seals thereon in any way, or to any degree not necessary or reasonably required for securing the performance or detecting the non- performance or breach of any of the conditions of these presents), and into every build- ing or other erection thereupon made, built, or erected, and shall have free access to all parts thereof, or of the said islands, islets, and rocks, and to all pipers and documents, and books of account, or other writings or documents relating to the business carried on on the said premises hereby leased, or in respect of the produce thereof, and the said lessees, their heirs and executors, administrators, and assigns, and every other person lawfully claiming any right, title, or interest under these presents, their and his servants, and agents shall and will give every reasonable assistance to the said Governor or any person or persons by him appointed or authorised as aforesaid to enable him and them to make such entries and inspections as aforesaid, and shall afford and render, if so required by the said Governor, to him and them, extracts and copies of any accounts, papers, documents books of account, and other writings which he or they may require, tending to show the 21 true state of the business carried on, on the said islands, islets, rocks, or in respect of the produce thereof respectively. ° In witness whereof the said parties hereto have hereunto set their hands at Cape Town, Cape of Good Hope, this eleventh day of January, one thousand eight hundred and sixty- nine. As witnesses :— (Signed) P. E. Wopenouss. (Signed) Wituram Downs Grirritu. De Pass, Spence, & Co. Cuas. A. Farrpripce. Rosr. A. Grancer. C. Sir, Cape Town, August 19, 1884. As it is understood that the occupation of Angra Pequena by Germany is now an accomplished fact, I and Mr. Daniel De Pass, now of London, as the successors and representatives of the late firm of De Pass, Spence, and Co., British subjects and Cape merchants, beg leave to represent that we are the owners of certain lands at Angra Pequena, extending along the seaboard from Baker’s Cove to Angra Pequena to 50 miles inland, acquired from the native Chief David Christian and Councillors in the years 1863 and 1864, as per copy of grants* enclosed. This land has been occupied by us ever since its acquisition for the purposes of general trade, while the search for minerals has been prosecuted at considerable expense. We have expended 6,000/. on Pomona Mine alone, and our representative and manager, Mr. George Hall, with his men, have been at work mining long prior as well as subse- quently to the arrival of the first German settlers, The territory having now passed into the possession of a friendly Power, with the approval of Her Majesty’s Government, I respectfully desire to bring the rights of Mr. De Pass and myself to its notice through his Excellency the Governor and the Government of this Colony, and to pray that interposition may be made to secure us in our rights, and to protect us in the possession of our said property. / I have, &c. The Hon. Thomas Upington, Q.C., (Signed) J. SPENCE. Attorney General, &c. &c. SECs, Cape Town. D. PROCLAMATION. By Cuartes Coprincton Forsytu, Esquire, Captain of Her Majesty’s steam frigate *«* Valorous.” Havine received orders from Commodore James Horsford Cockburn, in command of Her Majesty’s ships and vessels on the Cape of Good Hope station, dated at Simon’s Bay, on board Her Majesty’s ship “ Seringapatam,” on the 27th day of April 1866, to take possession of the Penguin Islands situated in latitude 26° 30’ south, longitude 15° east, in the name of Her Britannic Majesty Queen Victoria, Now, therefore, I do hereby (by the power vested in me) proclaim, declare, and make known that the sovereignty and dominion of Her said Britannic Majesty Queen Victoria shall be, and the same are hereby declared over the followmg islands or rocks adjacent to Ichaboe, that is to say, Hollamsbird, Mercury, Jong Island, Seal Island, Penguin Island, Halifax, Possession, Albatross Rock, Pomona, Plum-pudding, and Roast Beef, or Sinclair’s Island, as well as the harbour commonly known as Angra Pequena. This proclamation of Her Majesty’s sovereignty and dominion to take effect from the date hereof. Given on, board Her ee ship “ Valorous,” at Penguin Island, the 5th day of i ear of Our Lord 1866. May pains y : (Signed ) C. C. Forsyru. * See page 26 of [C. 4190], August 1884, C 3 22 No. 19, ADMIRALTY to COLONIAL OFFICE. Sir, Admiralty, September 18, 1884. Iam commanded by my Lords Commissioners of the Admiralty to transmit to you, for the Earl of Derby’s perusal, the accompanying copy of a letter, with enclosures, dated 19th August, from Rear-Admiral Salmon, Commander-in-Chief on the West Coast of Africa, reporting the annexation of territory by German vessels of war in the vicinity of Angra Pequena. The places referred to will be found marked in a igen chart.* am, &c. The Under Secretary of State, (Signed) EVAN MacGREGOR. Colonial Office. Enclosure in No. 19. ‘“ Boadicea ” at Simon’s Bay, Sir, August 19, 1884. I wave the honour to report for the information of the Lords Commissioners of the Admiralty that the German corvette “ Elizabeth” arrived in Table Bay on the 14th instant from Europe, bound to Australia. 2. Captain Schering called on me yesterday and acquainted me that he had annexed, on behalf of the German Government, the coast line and ten miles inland, from latitude 26° south to the Orange River, as well as all the islands within gun shot. I told him that the islands were annexed to the British Crown in 1866, of which he said he was not previously aware; that his instructions had not specially mentioned the islands, but that he supposed the annexation of the coast line was intended to carry with it that of the adjacent islands. 3. I accordingly addressed a letter to the Governor of Cape Colony on the subject, of which, and of his reply, I enclose a copy. 7 4. In my letter of the 6th of November last, I enclosed a report from Captain Church, stating that on the visit of the “ Boadicea” to Angra Pequena in October, he found the English flag flying on both Seal and Penguin Islands. Captain Schering states that they did not see any flag on the islands. 5. The German gunboat ‘‘ Wolf” recently proceeded from Cape Town to Angra Pequena, and is now expected in Table Bay oun her return. 6. I have not any further information on the subject. I have, &c. (Signed ) Nowe, Sabon, The Secretary, Admiralty. Rear-Admiral and Commander-in-Chief. P.S.— There is a difference in the terms used by the German Consul to the Governor and the verbal information given to me by Captain Schering. The former states that the coast and islands have been taken wnder the protection ot the German Empire; the latter that the German flag was hoisted on the mainland at Angra Pequena under a salute of 21 guns. Captain Schering added that there is no intention of establishing custom houses, or of doing more than protecting German subjects settling in the annexed territory. (Signed) Nowett Satmon, 20th August 1884. Rear- Admiral. “ Boadicea,” at Simons Bay, Sir, ; . August 16, 1884, I rearn from the German frigate “ Elizabeth,’ now in Table Bay, that she has been to Angra Pequena and annexed to the German Crown a belt of territory extending from latitude 26° S. to the Orange River, as well as the islands within gunshot of the coast, * Not printed, byt see Admiralty Chart, ‘Africa, West Coast; Walfisch Bay to Orange River.” u3 As these islands were annexed to the Crown of England by this department, and on the late visit of Her Majesty’s ship ‘“ Boadicea,” the caretaker on one of them was supplied with a Union’Jack and directed to hoist it’on the visit of any foreign man-of- war, I have the honour to cail your Excellency’s attention to the circumstance and to inquire whether this has been done with the sanction of Government and the caretakers instructed accordingly. a I have, &c. His Excellency (Signed) | Nowert Saumon, The Right Hon. Sir Hercules Robinson, Rear-Admiral and Commander-in-Chief. PS, G.C.M.Gs &e. &e. &e. Government House, Cape Town, Sir, August 18, 1884. In reply to your letter of the 16th instant, I have the honour to inform you that the German Consul at this port has intimated to me that Captain Schering, of His Imperial German Majesty’s Ship “ Elizabeth” has placed the coast from the Orange River to the 26° south latitude, as well as the islands within gunshot of the coast, under the protection of the German Empire. I have caused the Consul to be informed that on the coast between the 26° S. latitude and the Orange River there are islands, islets, and rocks, which form part of this Colony, under the authority of Her Majesty’s Letters Patent of the 27th February 1867, and of the Act of the Parliament of this Colony, No. 4 of 1874. I enclose a list of these Islands, &c. I have, &c. Rear-Admiral Nowell Salmon, V.C., C.B., (Signed) Hercures Rosinson, &e. &e. &c., Governor and High Commissioner. Commander-in-Chief. Istanps, &c. referred to in Letters Patent, 27th February 1867, and Cape Act, No, 4 of 1874, situated between 26° S. latitude and Orange River. 1. Ichaboe. 6. Possession Island. 2. Long Island. 7. Albatross Rock. 3. Seal Island. 8, Pomona. 4, Penguin Island. 9g. Plum Pudding. 5. Halifax. 10. Roast Beef, or Sinclair’s Island. No. 20. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, September 20, 1884. Wirn reference to previous correspondence respecting the establishment ofa German Protectorate over Angra Pequena Bay and the neighbouring territory, I am directed by the Earl of Derby to transmit to you, for the information of Earl Granville, a copy of a Despatch* from the Governor of the Cape, transmitting a letter from the German Consul, together with a Minute by the Cape Ministry, calling attention to the fact that certain islands which form a part of the Cape Colony have been included in the territory proclaimed as being under German protection. ; I am, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. * No. 12. 24 No. 21. COLONIAL OFFICE to DANIEL DE PASS, Eso. Sir, Downing Street, September 22, 1884. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 11th instant,* relating to your interests at Sandwich Bay, and I am to state that it has been communicated to the Foreign Office. Iam, &c. Daniel De Pass, Esq. (Signed) JOHN BRAMSTON. No. 22. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, September 22, 1884. Wirn reference to previous correspondence, I am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of a further letter} from Mr. D. De Pass, relating to his interest in Sandwich Harbour and the Guano Islands. I am, &c. The Under Secretary of State, (Signed) | JOHN BRAMSTON. Foreign Office. No. 23. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, September 23, 1884. Wirn reference to previous correspondence, I am directed by Earl Granville to transmit to you herewith, for the information of the Earl of Derby, a copy of a Despatch which his Lordship has addressed to Her Majesty’s Chargé d’ Affaires at Berlin, directing him to make a representation to the German Government, founded upon recent com- munications which have passed between Lord Granville and Lord Derby with reference to the recently assumed protectorate by Germany of the South-West Coast of Africa from the 26th parallel of south latitude to Cape Frio, with the exception of Walfisch Bay. I am, &c. The Under Secretary of State, (Signed) JULIAN PAUNCEFOTE. Colonial Office Enclosure in No. 23. Sir, i Foreign Office, September 19, 1884. I nave been in communication with Her Majesty’s Secretary of State for the Colonies on the subject of the communication made by the German Chargé d’ Affaires as stated in my Despatch of the 13th instant, to the effect that the West Coast of Africa from the 26th parallel of south latitude to Cape Frio, with the exception of Walfisch Bay, had been placed under the protection of the German Empire by the hoisting of the German flag by the Commander of H.I.M.S. “ Wolf.” ~ Information to the same effect has reached Her Majesty’s Government from the Cape Colony in one of the two telegrams of which copies are herewith enclosed. You are authorised to inform the German Government that if, as Her Majesty’s Government gather from the information now before them, it is the intention of Germany to establish in the region described a colony or a territorial political protectorate of a defined type, Her Majesty’s Government will welcome Germany as a neighbour in those parts of the coast which are not already within the limits of the Cape Colony and not actually in British possession. : * No. 13. + No. 15, 25 - You will perceive that in the telegrams from the Governor of the Cape of Good Hope, attention is called to the fact that the islands on the coast form part of the Cape Colony, and are consequently British territory. This statement is confirmed by the Colonial Office, and I have’ to instruct you to bring this point to the notice of the German Government, who will no doubt take steps to make it understood by their officers and subjects that the protectorate of Germany does not extend to the islands. A misappre- hension on this point might lead to acts by German subjects which would be inconsistent with British rights and injurious to the persons who have for many years leased these islands from the British Crown. Her Majesty’s Government believe they may infer from the tenour of Baron von Plessen’s last communication that the German Government, are willing to make arrange- ments by means of a mixed commission, as already proposed, for defining and securing the rights of British subjects already established within the territory to be placed under German protection, and they will gladly join in this mode of procedure. Some further points arise in regard to the action of the German Government as to which Her Majesty’s Government would be glad to be favoured with information as soon as it can conveniently be furnished. It must be explained that the laws of the Cape of Good Hope have hitherto been in force over British subjects, and that the British South African Courts have had juris- diction over them in such portions of South Africa, south of the 25’ parallel of south latitude, as are not within the jurisdiction of any civilised government. According to the principles of British law, the establishment of the German Protectorate, if it be one of a territorial character, has put an end to the statutory jurisdiction of the Cape Courts within whatever may be its local limits, and crimes committed within such limits, and hitherto justiciable in South African Courts, will for the future cease to be so justiciable. For this and other reasons it becomes important for Her Majesty’s Goverment to know whether they are right in inferring that the protectorate which has been established is a political and territorial protectorate, and not merely a personal protectorate over German subjects. such as is exercised by every civilized power, possessing the means, over its subjects engaged in lawful trade in uncivilized countries. Further, whether the protectorate will extend over the whole coast as far as the Portuguese frontier (Walfisch Bay, and the other British Possessions excepted), or whether it is te be confined to certain points on the coast, and, if so, what are those points, and what are the local limits in each case.. For the reason above stated it will be seen that this information is desired both- as to the linear extent of the protectorate along the coast, and as to its lateral extent inland. As regards the nature of the authority to be established within the limits of the protectorate, Her Majesty’s Government only think it necessary to state that, while they would prefer to see the direct authority of the German Empire established there, they rely upon the enlightened wisdom and liberal policy of the German Government to provide such institutions as shall secure full legal protection for British subjects in their commercial enterprises and justly acquired property. It would be distasteful to Her Majesty’s Government, and would serve no useful purpose to reply in a controversial spirit to complaints which have been made in regard to their supposed actions and motives, and to those of the Cape Government in regard to this question. But, as those complaints have been mainly, if not wholly, founded upon misapprehension, and upon an unavoidable lack of acquaintance with the obscurer details of British Colonial aw and History, I propose to furnish you with a memo- randum, for communication to the German Government containing full explanations of what has been done by Her Majesty’s Government, and with what intentions. I trust that a perusal of these explanations will remove from the mind of the German Govern- ment all misconception on the points which have formed the subject of the past corres- pondence, and that that Government will be able cordially to co-operate with Her Majesty’s Government and the Government of Cape Colony in carrying out the measures of policy which are essential to the prosperity and safety of all civilized powers in South Africa. Iam, &e. C. S. Scott, Esq., (Signed) GRANVILLE. &e. &e. 15283. D 26 No, 24. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, September 23, 1884. I am directed by Earl Granville to request that you will inform the Earl of Derby that Baron Plessen, the German Chargé d’ Affaires at this Court, called at this office on the 20th instant with the object of informing Lord Granville verbally that the islands on the West Coast of Africa which were annexed to Cape Colony in 1874 would not be considered as included in the Protectorate recently ‘established by the German Govern- ment upon that coast. Baron Plessen stated, however, that Shark’s Island, in the Bay of Angra Pequena, which is joined to the mainland at low tide, is the property of Mr. Luderitz, and does not appear to have been annexed at any time by the Cape Colony. Baron Plessen added that the islands belonging to the Cape Colony on the coast in question are believed by the German Government to be ten in number. Lord Granville would be glad tc be favoured with any observations which Lord Derby may have to offer on the subject of Baron Plessen’s communication. I am, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. No. 25. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, September 23, 1884. I am directed by Earl Granville to transmit to you herewith, to be laid before the: Earl of Derby, copy of a Despatch from Her Majesty’s Chargé d’ Affaires at Berlin, containing the translation of a Proclamation read by the Captain of the German corvette “ Elizabeth,” annexing, in the name of the German Emperor, that portion of the south- west coast of Africa which extends from the Orange River to the 26th degree of south latitude, and includes Angra Pequena. Tam, &c. . The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 25. My Lorp, Berlin, September 17, 1884. THE “ Reichsanzeigir ” of yesterday published the text of a letter addressed by Captain oe the Commander of His German Majesty’s corvette “ Elizabeth,” to Herr |Luderitz, reporting the hoisting of the German flag at Angra P fia, datec South Atlantic, August 10. ‘ i a ras In this letter Captain Schering states that the ‘ Elizabeth” arrived at Angra P. on the 6th ultimo (His Majesty’s ship “ Leipzig ” having arrived there enna en On the following morning the Imperial flag, by His Majesty’s commands, was hoisted and a Proclamation read* (copy and translation of which I beg to enclose), whereby the territory in question was placed under His Majesty’s protection. The Captain concludes his letter by saying that “in spite of the prevailing b g (dde) ” he had been agreeably impressed by the place “as a ee for a ocd. ayhute opening. * See Enclosure 1 in No. 12. 27 As your Lordship will perceive, the territory which, on the strength of official com- munications, the Proclamation places under the direct protection of His Imperial Majesty as the property of Herr Litderitz, embraces the coast from the north shore of the Orange River up to the 26th degree of southern latitude, with a tract of country reaching inland for a distance of 20 geographical miles, and includes the adjacent islands which, the Proclamation asserts, go with it by international law. The Proclamation, therefore, extends Imperial protection only to the original territorial claims of Herr Luderitz, and does not include his more recent alleged annexations lying between Walfisch Bay and Cape Frio. T have, &ce. The Earl Granville, K.G. (Signed) Cuartes S, Scorr &c. &c. No. 26. FOREIGN OFFICE to COLONIAL OFFICE. Srr, Foreign Office, September 24, 1884. Wiru reference to your letters of the 16th and 22nd instant,* I am directed by Earl Granville to transmit to you herewith the draft of a Despatch which his Lordship proposes, with the concurrence of the Earl of Derby, to address to Her Majesty’s Chargé d’ Affaires ut Berlin instructing him to address a representation to the German Government on the subject of Mr. de Pass’s application respecting certain islands leased by his firm in the neighbourhood of Angra Pequena. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 26. (Draft.) Sir, Foreign Office, September , 1884. I rransmit to you herewith copy of letters which have been addressed to the Colonial Office by a Mr. Daniel de Pass asking that the German Government may be requested to take steps for preventing injury to the interests of his firm in certain islands in the neighbourhood of Angra Pequena which they lease from the British Crown, and I have to request that you will make a friendly representation upon this subject to the German Government and bespeak their favourable consideration of Mr. de Pass’s application, and the issue of such instructions as may prevent as far as possible any injury to his undertaking. Mr. Scott. No. 27. -DANIEL DE PASS, Esa., to COLONIAL OFFICE. 128, Leadenhall Street, London, SIR September 24, 1884. Wiru reference to my letter of the 16th instant,+ to which I have not yet received any reply, I have to point out that the importance of challenging the action of Captain Schering, of the German frigate “ Elizabet,” in proclaiming a German sovereignty at Angra Pequena must not be underrated. * Nog, 16 and 22. t No. 135. 28 A steamer called the “Trojan” or some other name is to sail from Hamburg in a few days, and is taking out people to populate acquisitions by German subjects which are undoubted British. eat The ownership of all the rocks and islets along this strip of coast being British, it follows that if gun shot range is to determine the farthest limit, then the three islands in Angra Bay, called Shark, Seal, and Penguin, being a very short distance fron the main land, would upset this German annexation, and same fact applies all along the coast line of this strip. of land alleged to be the property of Herr Luderitz. However, on the strength of the private letter written by the Captain of the German war vessel to Herr Luderitz, and from the Proclamation above alluded to, a vessel called the “ Trojan” or some other, vessel is to sail from Hamburg taking people to populate these questionable acquisitions, and notably our guano islands. ; Would you now call on the German Government to give notice to this ship, or other ships leaving, that German territorial limits on this part of the South West Coast of Africa are not yet agreed on. I have, &c. To the Earl of Derby, (Signed) DANIEL DE PASS. Secretary of State for the Colonies. No. 28. COLONIAL OFFICE to DANIEL DE PASS, Esa. SIR, Downing Street, September 25, 1884. I am directed by the Earl of Derby to acknowledge the receipt of your letter oi 24th instant,* calling attention to the proposed despatch of German emigrants to Angra Pequena, and to say that a copy will be sent to the Foreign Office. With reference to your remarks respecting the islands in Angra Pequena Bay, I am to observe that Shark Island is not named in the Letters Patent of 1867 annexing the islands on the coast to the Cape Colony, and I am to request to be informed under what document you claim it as British, and in your occupation. Tam, &c. D. De Pass, Esq. (Signed) JOHN BRAMSTON. No. 29. DANIEL DE PASS, Ese. to COLONIAL OFFICE. 128, Leadenhall Street, London, SIR, September 26, 1884. I wave the honour to acknowledge the receipt of your communication of yesterday’s date,* and in reply to your request to inform you that under Clause No. 2 of our lease, which was executed at Cape Town on the Ist day of November 1871, as follows :-— *¢ All rocks and islets lying between Hollamsbird Island on the North and Roast Beef (or Sinclair’s Island) on the south, not herein specially named, called the Ichaboe Group shall nevertheless be declared and taken to be included in this lease.” a have from the very first claimed Shark Island as British, as my letters to you will show. I have, &e. Signed) DANIEL DE PASS. To the Secretary of State for the Colonies. le = * No, 27. tT No, 28. 29 No. 30. FOREIGN OFFICE to COLONIAL OFFICE. Sir, ; Foreign Oftice, September 27, 1884. I wave laid before Earl Granville your letter of the 20th instant,* enclosing a copy of a Despatch from the Governor of’ the Cape to the Secretary of State for the Colonies, accompanied by a minute of Ministers to the Governor, referring to the proclamation by the Captain of the German ship “ Elizabeth ” of the assumption by Germany of the protectorate of the coast between the Orange River and the 26th degree of south latitude, including the islands on that portion of the coast. [ am now to transmit to you, to be laid before the Earl of Derby, a draft of a Despatch} which Lord Granville [toposes to address to Her Majesty’s Chargé d’ Affaires at Berlin directing him, with reference to previous communications, to cali the attention of the German Government to the fact that the islands in question, of which the names are given in the Governor’s Despatch, are, in like manuer as the islands on the coast trom the 26th degree of south latitude to Cape Frio, dependencies of the Cape Colony, having been acquired by the authority of Her Majesty’s Letters Patent of the 27th ot February 1867, and the Act of the Cape Parliament, No. 4 of 1874. Tam to request that you will move Lord Derby to have the goodness to cause Lord Granville to_be informed at his earliest convenience whether he concurs in the terms of the draft to Mr. Scott. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. No.31. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, September 27, 1884. Wiru reference to my letter of the 23rd instant,t I am directed by Earl Granville to transmit to you, for the information of the Earl of Derby, copy of a Despatch from Her Majesty's Chargé d’Affaires at Berlin recording a conversation with Count Hatzfeldt on the subject of the Commission proposed to be appointed in connexion with the question of German protection over that part of the West Coast of Africa which is situated between 26° south latitude and Cape Frio (with the exception of Walfisch Bay). Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 31. My Lorp, Berlin, September 19, 1884. I uave the honour to state that in compliance with the instructions of your Lordship’s Despatch of the 13th instant, I took to-day an opportunity of informing Count Hatzfeldt that Her Majesty’s Government, were quite ready to accept the proposal made by the German Chargé d’Affaires to your Lord- ship (when announcing the establishment of German protection over that part of the West Coast of Africa which is situated between 26° south iatitude and Cape Frio with the exception of Walfisch Bay) that the settlement of the question should be entrusted to Commissioners to be named for that purpose, and would be prepared to appoint a Commissioner, that they accordingly awaited a further communication from * No. 20. ft See Enclosure in No. 39. t No. 23 D3 30 the Imperial Government, with a view of settling the joint instructions to be given to the Commissioners. I added that I understood Baron Plessen had not been able to explain quite clearly what the Imperial Government meant by the expression “settlement of the question,” but had suggested that it probably referred to the delimitation of Walfisch Bay. Count Hatzfeldt said that he thought it was also meant to refer to any arrangements that might be found necessary for securing the recognition and protection of the interests, which the subjects of the one Government might have acquired in the territories placed under the protection or the authority of the other. I have, &c. The Earl Granville, K.G., (Signed) Cuartes S, Scorr. &e. &e. &e. No. 32. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, September 29, 1884. I am directed by Earl Granville to transmit to you, for the information of the Earl of Derby, a copy of a Despatch which his Lordship has addressed to Mr. Scott, Her Majesty’s Chargé d’ Affaires at Berlin, recapitulating the substance of « Despatch which Baron Plessen has received from Prince Bismarck, and which he communicated verbally, referring to Mr. Scott’s communication to the German Government of the purport of the Despatch to him of the 19th instant, respecting the recent German proclamations of protectorate on the south-west coast of Africa, a copy of which was enclosed in my letter of the 23rd instant.* A copy of Mr. Scott’s Despatch, which has been received to day, covering his communication above referred to, will be shortly forwarded to you for Lord Derby’s information. ; Tam, &c., The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 32. Sin, Foreign Office, September 29, 1884. Baron Purxssen called here to day, and read, a Despatch which he had received from his Government in answer to the communication which, as reported in your Despatch of the 24th instant, you made to the German Government on the subject of the recent German proclamations of protection on the south-west coast of Africa, and in which you stated that Her Majesty’s Government would welcome German as a neighbour on those parts of the coast which are not already within the limits of the Cape Colony and not actually in British possession ; your note being at the same time accompanied by other friendly assurances. Prince Bismarck in his Despatch to Baron Plessen observes, that he sees in the note to the German Government above referred to a first step in that direction which he had hoped British policy would take. -_ Lam, &c. U. 5. Scott, Esq., (Signed) GRANVILLE. &c. &c. * No, 25, 31 No. 33. COLONIAL OFFICE to DANIEL DE PASS, Esa. Sir, Downing Street, September 30, 1884. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 16th instant,* and to inform you that his Lordship has suggested to Lord Granville that the attention of the German Government should be called to the nature of your claim to land on the line of coast from Baker’s Cove to Angra Pequena. I am, &c. D. De Pass, Esq. (Signed) JOHN BRAMSTON. No. 34. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, September 30, 1884. Wiru reference to previous correspondence on the subject, I am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of a Despatch+ from the Governor of the Cape Colony, with a copy of a minute from his Ministers, enclosing documents relating to the ownership of various islauds and localities on the mainland in the neighbourhood of Angra Pequena. I am also to enclose a copy of a lettert from Mr. de Pass calling attention to the action of the German man-of-war *‘ Elizabeth ” in this direction. 2. Having regard to the tenour of these documents, Lord Derby would suggest that the German Government should be informed of the nature of the title of British subjects to the coast line from Baker’s Cove to Angra Pequena, and also to the mines inland, as well as to the islands off the coast. Iam, &c. The Under Secretary of State, (Signed ) JOHN BRAMSTON. Foreign Office. No. 35. COLONIAL OFFICE to FOREIGN OFFICE. Downing Street, September 30, 1884. In reply to your letter of the 24th instant,§ I am directed by the Harl of Derby to acquaint you for the information of Earl Granville that he concurs in the terms of the draft which his Lordship proposes to address to Her Majesty's Chargé d’ Affaires at Berlin respecting the claims of Mr. de Pass to the islands in the neighbourhood of Angra Pequena. SIR, Tam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 36. COLONIAL OFFICE.to FOREIGN OFFICE. Downing Street, September 30, 1884. I am directed by the Earl of Derby to acknowledge the receipt of your letters of the 23rd and 27th instant|| in reference to the question of Angra Pequena and the jacent islands. : a am to state that Lord Derby concurs in the terms of the draft Despatch to Her Majesty’s Chargé d’ Affaires at Berlin enclosed in your letter of the 27th, and as regards the question of Shark Island, referred to in your letter of the 23rd, I am to enclose a Sir, * No. 15. + No. 18. £ No. 27. § No. 26. || Nos. 28, 24, 25, 30, and 31. D4 32 copy of a further letter* from Mr. De Pass, from which it will be seen that he claims this ‘land as included in his lease. A copy of the lease was enclosed in Sir H. Robinson’s Despatch, of 27th August, a copy of which is transmitted in my letter of even date.t Tam &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 37. The Ricur Hen. Sim HERCULES ROBINSON, G.C.M.G., to the Riaur Hoy, tue EARL OF DEKBY, K.G. (Received October i, 1884.) Government House, Cape Town, My Loxp, . September 10, 1884. I nave the honour to enclose, for your Lordship’s information, copy of a letter which I have received from the Imperial German Consul, informing me that the Coast Territory from 26° south latitude up to Walwich Bay, and from Walwich Bay up to Cape Frio has been placed under the protection of the German Empire. ‘T have, &c. (Signed) HERCULES ROBINSON, The Right Hon. the Earl of Derby, K.G. Governor and High Commissioner. &e. &e. &c. Enclosure in No. 37. ImperrAL German Consut to Governor and High CommMIssIONER. Kaiserlich Deutsches Consulat, Capstadt, Your ExcELLeNcy, September 5, 1884. I wave the honour to inform your Excellency that Captain von Raven, command- ing H.1.G.M.S. “ Wolf” has, by order of his Imperial Majesty the Emperor Wilhelm I., placed the coast territory from 26° south latitude up to Walwich Bay, and from Walwich Bay northward up to Cape Frio, in the same manner as was done with the territory belonging to Mr. Luderitz, under the protection of the German Empire, and has evidenced this in the usual manner and by hoisting the Imperial flag in Sandwich Harbour, to the north of Waiwich Bay, and at Cape Frio, at which three places also posts have been erected with the German national colours. I have given the above information also to your Excellency’s Ministers. I have, &c. To his Excellency the Right Honourable (Signed) W. A. Lippert. Sir H. G. R. Robinson, : Governor of the Cape Colony and High Commissioner. &c. &c. &e, Cape Town. No. 38. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 2, 1884. [ am directed by Earl Granville to transmit to you, to be laid before the Earl of Derby, copies of Despatches relative to the colonial policy of Germany. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. #* No. 29. HNo. 18. { No. 34. 33 Enclosure 1 in No. 38. My Lorp, Berlin, September 24, 1884. I nave the honour to report that an extraordinary general meeting of the German Colonial Association met at Eisenach on the 2lst instant, under the presidency of Prince Hohenlohe-Langenburg. : The President, in his opening speech, said that the object of the meeting was that the Association should express its assent to the recent action of the Committee. The Imperial Government which had not originally encouraged the Association, had now adopted a practical colonial policy, and the Chancellor had to a certain extent sanctioned the policy of the Association. The Prince, in conclusion, warned his audience against giving in “to a sort of colonial fever,” which might carry the nation further than might be prudent. Against such a malady the Association must be on its guard, and remember the old adage “‘look before you leap” (Erst wiig’s, dann wag’s). The Prince then proposed two resolutions :— No. 1. Approving of the declarations addressed by the Committee to the Chancellor, and of the action of the Imperial Government in placing under His Majesty’s pro- tection the German factories in West Africa; a step which placed Germany among the Colonizing Powers, and which was certain to receive the cordial support of the nation ; and . No, 2. Declaring that the General Assembly considered the establishment of a fixed and rapid steam service between Germany and distant lands (especially referring to further Asia and Australia) essential for the proper development of German commerce, and advantageous both for the prestige of the German flag, and for the maintenance of a close relationship between Germans abroad and at home. Both resolutions were accepted nemine contradicente. I have, &c. The Earl Granville, K.G., (Signed) C. 8. Scorr. &e, &e. &c. Enclosure 2 in No. 38. My Lorp, Berlin, September 28, 1884. Tue Norddeutsche Allgemeine Zeitung of last night reports on the authority of its Hamburg Correspondent that the principal Hamburg firms engaged in trade with West Africa have been invited to Friedrichsruhe by Prince Bismarck in order to ascertain their views as to the best mode of establishing the future relations of the German settlements in that country. The same paper adds that it understands that negotiations are going on with England and France on the subject of Germany’s relations to her neighbours on the West Coast of Africa, and that there is every prospect of their resulting in an amicable arrangement with regard to any possible subject of contention. I have, &c. The Earl Granville, K.G., (Signed) C.S. Scorr. &e. &c. &e. P.S.—This morning’s Norddeiitsche Allgemeine Zeitiing states that _Rear-Admiral Knorr has been appointed to command the West African Squadron, which will consist of the following of H.M. ships, the ‘* Bismarck” flagship, the “ Gneisendu,” “ Olga, and ** Ariadne.” i ut 15283. E No. 39. FOREIGN OFFICE to COLONIAL OFFICE. Foreign Office, October 2, 1884. I am directed by Earl, Granville to acknowledge the receipt of your letter of the 30th ultimo,* expressing the Earl of Derby’s concurrence in the draft instructions to Mr. Scott which were enclosed in my letter of 27th ultimo,t in regard to the claim of Her Majesty’s Government to the islands on that part of the south-west coast of Africa over which the German Protectorate has lately been proclaimed. I now enclose by Lord Granville’s direction a copy of the Despatch to Mr. Scott which has been forwarded to-day. Sir, Tam, &e. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No, 39. Foreign Office, Octeber 2, 1884. In my Despatch of the 19th ultimo, referring to my earlier Despatch of the 13th ultimo, on the subject of Baron Plessen’s announcement in regard to the establishment of the German Protectorate over the south-west coast of Africa from the 26° of south latitude northwards to Cape Frio, with the exception of Walfisch Bay and the other British possessions, you were instructed to make a communication to the German Government to the effect that the islands on the coast form part of Cape Colony, and are consequently British territory. -_ T now enclose a copy of a Despatch from the Governor of the Cape to the Secretary of State for the Colonies, accompanied by a Minute of Ministers to the Governor, referring to the proclamation by the captain of the German ship “ Elizabeth” of the assumption, by Germany, of the Protectorate of the coast from the Orange River to the 26° of south latitude, including the islands on that portion of the coast. The representation which in my Despatch of the 13th ultimo, above referred to, you were instructed to make to the German Government with special reference to their Protectorate north of the 26° of south latitude in regard to the claim of Her Majesty’s Government to the islands on the coast, will apply equally to the case of the islands between the 26° and the Orange River, of which the principal are Ichaboe, Long Island, Seal Island, Penguin Island, Halifax, Possession Island, Albatross Rock, Pomona, Plum Pudding, and Roast Beef (or Sinclair Island). These islands have, as you will see by the accompanying correspondence, been acquired by the Cape Colony under the authority of Her Majesty’s Letters Patent of the 27th of February 1867, and the Act of the Cape Parliament No. 4 of 1874, and are no doubt identical with the 10 islands referred to by Baron Plessen in his verbal communication recorded in the letter to the Colonial Office of which a copy is hereto annexed. I have accordingly to request that you will make a communication to the German Government in the sense of the foregoing remarks, and you will at the same time say that a further communication will be made to them with reference to Baron Plessen’s verbal statement of the 20th instant in regard to Shark Island, and probably some islets and other territory in the same vicinity. T have, &c. Mr. Scott. (Signed) © GRaNnvILtE. SIR, * No. 386, Tt No. 80. 35 No. 40. FOREIGN OFFICE to COLONIAL OFFICE. Str, Foreign Office, October 2, 1884. I am directed by Earl Granville to acknowledge the receipt of your letter of the 30th ultimo,* expressing the Earl of Derby’s concurrence in the draft instruction to Her Majesty’s Chargé d’ Affaires at Berlin, respecting Mr. De Pass’s claims to certain islands in the neighbourhood of Angra Pequena, which was inclosed in my letter of the 24th ultimo,f and I am to request that you will inform Lord Derby that the instruction to ae Scott will go forward to day in the form in which it was submitted to the Colonial ce Iam, &e. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. No. 41. DANIEL DE PASS, Ese., to COLONIAL OFFICE. 128, Leadenhall Street, London, Str, October 3, 1884. I rake the liberty of calling your attention to the news published in most of the leading papers of this morning’s issue, under the heading “ Germany and West Coast of Africa.” “Cape Town, October 2, 1884. “Herr Luderitz, founder of the German settlement at Angra Pequena, has warned off Captain Spence, for many years lessee of Imperial and Colonial Government, Guano Islands, in the neighbourhood of Angra Pequena.” The language is rather vague as to the exact locality from whence Captain Spence was warned off. ; Even supposing we had no prior rights to the land forming a portion of what Herr Luderitz claims, by what right has an individual, although the country be German, to assume sovereign rights. ; At the termination of our parliamentary session the Under Secietary, Mr. Ashley, referred to a means by Commission of settling the claims of British subjects who are interfered with by reason of the action of the German Government in supporting the acquisitions of their subjects. Can you inform me when this Commission will be formed ? I have, &c. The Earl of Derby, (Signed) DANIEL DE PASS. Secretary of State for the Colonies. No. 42. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 4, 1884. Wir reference to the letter from this office of the 23rd ultimo,{ I am directed by Earl Granville to transmit to you, for the information of the Earl of Derby, a copy of a Despatch from Her Majesty’s Chargé d’Affaires at Berlin relative to the German Protectorate over part of the South-West coast of Africa. . ee -Iam, &c. The Under Secretary of State, (Signed) T. V.. LISTER. Colonial Office. Enclosure in No. 42. Pe eae etl Bey Lorp : erlin, September 24, 1884. a eT wave the honour to enclose herewith a copy of the note, which in obedience to the instructions of your Lordship’s Despatch of the 19th inst., I addressed to Count Hatzfeldtin regard to the recent proclamation of German Protectorate over a part of the south-west coast of Africa. * No. 35. fT No. 26. t No. 23. EK 2 36 I remarked to Dr. Busch to-day that I trusted this note would be found to present a satisfactory basis for a settlement of a question to which the German Government seemed to attach great importance, and that the memorandum which your Lordship had promised to send me shortly would entirely dispel any misapprehension that might have been entertained as to the causes of the unavoidable delay in furnishing the Imperial. Govern- ment with the information which they had desired on a somewhat complicated matter. _ Dr. Busch said that he had only had time to make a very cursory perusal of my note before sending it off to the Chancellor at Friedrichsruhe, and had not quite mastered all the details alluded to in it, but he allowed me to infer that the first impression which. it had left on his mind was a favourable one. He specially alluded to the agreement in regard to the appointment of a mixed commission, which he thought was the main point gained by the negotiation. I communicated to him verbally the dates, mentioned in, the telegram of the. Cape Government of the 18th ultimo to the Earl of Derby, of the Letters Patent and Act of the Cape Parliament by which the title of the Colony to the islands off the coast between the Orange River and the 26th degree of southern latitude was secured. I had not alluded to them in my note, as [ am not aware whether these dates were also applicable to the title under which the islands off the coast north of the 26th degree, to which your Lordship’s instructions seemed more particularly to refer, were acquired. Dr. Busch said that these dates were familiar to him, and he thought the German Government had already received information as to the title claimed by the Cape Government. I have, &e. i The Earl Granville, K.G., (Signed) C. 8S. Scorr. &e. &e, &e, ; M. we Secrerarre D’Erat, Berlin, September. 22, 1884. I nave the honour to inform your Excellency that Her Majesty’s Principal Secretary of State for Foreign Affairs has been in communication with the Secretary of State for the Colonies on the subject of the communication made to Earl Granville by Baron Plessen on the 8th inst., to the effect that the west coast of Africa from the 26th parallel of south latitude to Cape Frio, with the exception of Walfish Bav, had been placed under the protection of the German Empire by the hoisting of the German Flag by the Commander of His Imperial Majesty’s Ship ‘“* Wolf.” Information to the same effect has also reached Her Majesty’s Government from the Cape Colony. I have been authorised by Earl Granville to inform the Imperial Government that if, as Her Majesty’s Government gather from the information now before them, it is the intention of Germany to establish in the region described a Colony or a territorial political protectorate of a defined type, Her Majesty’s Government will welcome Germany as a neighbour on those parts of the coast which are not already within the limits of the Cape Colony, and not actually in British possession. The attention of Her Majesty’s Government has been called by the Cape Government to the fact that the islands on the coast between the Orange River and the 26° south latitude, and also Hollams’ Bird Island and Mercury Island off the coast between 26° and Cape Frio, form part of the Cape Colony, and are consequently British territory. This statement is confirmed by the Colonial Office, and I am instructed to brin g this point to the notice of the Imperial Government, who will no doubt take steps to make it understood by their officers and subjects that the Protectorate of Germany does not extend to the islands. A misapprehension on this point might lead to acts by German subjects which would be inconsistent with British rights and injurious to the persons who have for many years leased these islands from the British Crown. Her Majesty’s Government believe they may infer, from the tenor of Baron Plessen’s last communication, that the German Government are willing to make arrangements by means of a mixed Commission, as already proposed, for defining and securing the rights of British subjects already established within the territory to be placed under German protection, and they will glady join in this mode of procedure. Some further points arise in regard to the action of the German Government, as to which Her Majesty’s Government would be glad to be favoured with information as as ae ee Dee +t must be explained that the laws of the Cape of Good Hope have hither i force over British subjects, and that the British South Afticaa cee Ga Thad aie diction over them in such portion of Sonth Africa south of the 25th parallel of south 37 latitude as are. not within the jurisdiction of any civilized Government. According to the principles of British law the establishment of the German Protectorate, if it be one of a territorial character, has put an end to the statutory jurisdiction of the Cape Courts within whatever may be its local limits; and acts hitherto justiciable in South African Courts will, for the future, cease to be so justiciable. For this and other reasons it becomes important for‘ Her Majesty’s Government to know whether they are right in inferring that the Protectorate which has been estab- lished is a political and territorial protectorate, and not merely a personal protectorate over German subjects, such as is exercised by every civilized nation, possessing the means, over its subjects engaged in lawful trade in uncivilized countries. Further, whether the Protectorate will extend over the whole coast as far as the Portuguese frontier (Walfisch Bay, and the other British possessions excepted), or whether it is to be confined to certain points on the coast, and, if so, what are those points, and what are the local. limits in each case. For the reason above stated it will be seen that this information is desired both as to the linear extent of the Protectorate along the coast, and as to its lateral extent inland. As regards the nature of the authority to be established within the limits of the Pro- tectorate, Her Majesty’s Government only think it necessary to state that, while they would prefer to see the direct authority of the German Empire established there, they rely upon the enlightened wisdom and liberal policy of the German Government to provide such institutions as shall secure full legal protection for British subjects in their commercial enterprises and justly acquired property. It would be distasteful to Her Majesty’s Government, and would serve no useful purpose to reply in a controversial spirit to complaints which have been made in regard to this question. But as those complaints have been mainly, if not wholly, founded upon misapprehension and upon unavoidable lack of acquaintance with the obscurer details of British Colonial Law and History, Earl Granville, proposes to furnish me with a memorandum for communication to the Imperial Government, containing full explana- tions of what has been done by Her Majesty's Government, and with what intentions. His Lordship trusts that a perusal of these explanations will remove from the mind of the German Government all misconception on the points which have tormed the subject of the past correspondence, and that that Government will be able cordially to co-operate with Her Majesty’s Government and the Government of Cape Colony in carrying out the measures of policy which are essential to the prosperity and safety of all civilized powers in South Africa. ; . Iam, &ce. © His Excellency Count de Hatzfeldt, (Signed) C. 8. Scorr. &e. &e. &e, No. 43. The Ricut Hon. Sir HERCULES ROBINSON, G.C.M.G., to the Ricur Hon. me EARL OF DERBY, K.G. (Received October 6, 1884.) TELEGRAPHIC. 6th October. Herr Luderitz, of Angra Pequena, claims that through hoisting German flag on-mainland, all islands on West Coast of Africa from Orange River up to 26° south latitude have come into his possession, and he calls upon Captain Spence, the lessee of those islands, which have been formally annexed to this Colony, to vacate them. Ministers request me to bring the unlawful proceedings of Herr Luderitz to the immediate notice of Her Majesty’s Government, with a view to prevention of encroach- ments upon British territories formally annexed to this Colony. No. 44. FOREIGN OFFICE to COLONIAL OFFICE. Foreign Ottice, October 6, 1884. I am directed by Earl Granville to transmit to you, for the information of the . "Affaires at this Court Derby, translation of a note from the German Chargé d re: his ae the course pursued by the commander of the “Elizabeth,” in notifying the E 3 Sir, 38 proclamation of the German Protectorate over Angra Pequena officially to the Cape Town authorities. ae a, 25 Pantin ccovadth Baron Plessen states that the Imperial Government are of opinion that such communication should have been made direct by them to the British Government. . lam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 44. TRANSLATION. My Lorp, German Embassy, September 23, 1884. Accorpine to instructions I have the honour to inform you as follows :— The imperial Government has gathered from the reports of the commander of His Imperial Majesty’s ship “Elizabeth” that he has officially notified to the Cape Town Authorities by means of the Imperial German Consul there the proclamation of the German Protectorate over Angra Pequena. This proceeding arises from a mistaken execution of the instructions given to the commander. The Imperial Government hold firmly to the opinion now, as before that they entertain direct international affairs only with the Royal British Government itself, not with the Colonial Government, and regret that in the foregoing case the correct form was not observed by the commander of the “ Elizabeth.” : With, &e. (Signed) L. PLEssEn. No. 45. DANIEL DE PASS, Ese., to COLONIAL OFFICE. 128, Leadenhall Street, London, . Sire, October 6, 1884. I nave to call your attention to particulars sent from Berlin and published in this morning’s issue of the “‘ Times ’’ under the heading “ Angra Pequena,” in modification of a cable from Cape Town to the effect that Captain Spence had been warned off Angra. It now appears that Herr Luderitz has given Captain Spence notice, as well the Colonial Governor, that our workmen are to withdraw within two months from‘exploiting in his possessions for guano, fish, and other products. . : Herr Luderitz is acting on the annexation performance by the captain of the “ Eliza- beth ” which is internationally illegal, and which by my letter of 2nd September (Qy. 11th September) last* I have set before your Lordship. Not alone to the “small” piece of South Africa but the sea and all there is therein this irrepressible German claims. I beg to refer to my letter of the 16th September,+ and await a reply as Herr Luderitz sets up claims which touch British rights. I have to hope that the gunshot distance alluded to by the German commander may be determined to be that of the longest range of our best carrying gun. : To the Earl of Derb (Sig a) DANIEL Di | o the Earl of Derby, Signe DANIEL D ; Secretary of State for the Colonies. gned) pa No. 46, COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, October 7, 1884. i am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of the memorandum on the subject of the course of events which have taken place respecting Angra Pequena. : lam, &e. The Under Secretary of State, (Signed) JOHN BRAMSTON Foreign Office. : : * No. 13. tT No. 15, 39 Enclosure in No, 46. ANGRA PEQUENA. MEMoRANDUM. Tue note and pro memorid communicated to Earl Granville by Baron von Plessen on the 26th of August last show that the German Government is under considerable misapprehension as to the course taken by Her Majesty’s Government in connexion with the German proceedings at Angra Pequena. It is complained that the inquiries made by Count Munster on the 31st of December 1883, as to the existence of British claims to sovereignty over the Namaqua-Damara coast, might have been answered in a few days, but that the answer was put off for more than six nionths, and that the interval was utilised in promoting rival schemes for English annexation of territory, thereby implying that the British Government knew of the existence of a scheme of “ annexation of territory ” on the part of Germany, with which an English scheme would be in rivalry. Proceeding to details, Baron von Plessen particularly complains of Lord Derby’s pub- lished telegrams of the 4th of February, 8th of May, and 14th of July, as having first gradually awakened and even to the latest date heightened the inclination of the Cape Government for enlarging their territory. In answer to this complaint it may be said that until quite a recent date, Her Majesty’s Government had no idea that the German Government contemplated any such annexation of territory as appears from Baron von Plessen’s letter to have been all along in view. It had been fully understood that the founding of Colonies or political protectorates was not an object of German national policy, and this understanding was based on the information received in London, and still more strongly and constantly from Lord Ampthill in his Despatches, some of which contain records of his conversations on the subject with Count Hatzfeldt. The first communication received by the Foreign Office from the German Embassy as to Angra Pequena was the verbal and unofficial inquiry made by Baron von Plessen in September 1883 as to whether Her Majesty’s Government claimed suzerainty over Angra Pequena Bay, and if so on what grounds the claim rested. In a pro. memoridé which he left at the Foreign Office, it was stated that Mr. Luderitz of Bremen had obtained from a Hottentot Chief a concession at Angra Pequena the extent of which was about 150 English square miles, and, in the same unofficial manner as before, Baron von Plessen inquired what view Her Majesty’s Government would take of the proceedings of Mr. Luderitz, who proposed to establish a trading establishment on the Bay of Angra Pequena, and whether they had any objection to them. It may be noted that in this pro memorid the extent of Mr. Luderitz’s territory was, apparently through inaccurate information, understated to the extent of more than 2,000 per cent., its real superficies being about 3,200 English square miles. It is of importance to notice this mistake, because if the size of the region in question had been more correctly apprehended from the first, the importance of the question would have appeared greater. A concession of 150 square miles in an uncivilised country like Damara-Namaqua land, measuring itself some 150,000 square miles, could hardly be considered as ‘seriously raising the question of the political supremacy over that country. A concession of over 3,000 square miles is quite a different affair, for in itself it is large enough to constitute a province. = ; = ne ae ae The next communication received from the German Embassy was a verbal inquiry made by’ Count Mimster at the Foreign Office on_ the 16th of November 1883, which was to the same effect as regards the rights of Great Britain as the previous inquiry of Baron von Plessen, but does not appear to have included any direct reference to M. Luderitz, or to have corrected the miscalculation as to the extent of his claim. Neither Baron von Plessen nor Count Minster appears to have stated the reason for which in- formation was asked as to the rights of Her Majesty, nor was any indication given of an intention, in the absence of British rights, to establish any special protectorate, over M. Luderitz. Indeed, the inquiry of Baron von Plessen appeared to indicate a desire to treat with consideration the wishes, no less than the rights, of the British Govera- ment, as it included a request for information as to whether Her Majesty s Government nhjected ‘to an “Wek by a German trader which was lawful and innocent in itself, and which the British Government would not be likely to object to, namely, the opening ofa r purposes of commerce. Tih: 5 eon Sa Miter official inquiry was replied to by Earl Granyille’s note of the 21st of November, in‘which it was stated that Her Majesty’s sovereignty had_not been pro- claimed over any points except Walfisch Bay and the islands, but that Her Majesty s Government considered that any claim to sovereignty or jurisdiction by a foreign power E 4 40 on that part of the coast would be, an infringement of its legitimate rights; and in conclusion, certain remarks were added as to what was then understood by England to be the only matter requiring attention, namely, the adjustment of the possibly con- flicting private interests of certain German and English subjects in a region which had not been claimed by cither State as part of its dominions. Lord Granville’s note called forth Count Miinster’s reply of the 31st of December 1883, and it is desirable to state explicitly in what sense that communication was understood by Her Majesty’s Govern- ment. Notwithstanding that Lord Granville had stated in the clearest terms that this country did not claim sovereignty over the coast in question except at certain points, Count Minster argued at considerable length against. the supposition that this country had acquired such sovereignty. He did not, however, question or demur to the intimation which had been formally made to him that the assumption on that coast of jurisdiction by a foreign power would be an unacceptable interference with Her Majesty’s position. He expressed no desire on the part of the German Government to acquire any sort of jurisdiction there, and concluded by asking ‘‘ what institutions England possesses “on that coast which could secure such legal protection for German subjects in “* their commercial enterprise as would relieve the empire from the duty of providing “ itself, directly, for its subjects in that territory the protection of which they might “* stand in need.” It was, therefore, understood that the German Government would be fully satisfied if Her Majesty’s Government would exercise such responsibility as circumstances might call for in that part of South Africa, and “would make such arrangements as might “ enable the German traders to share (under British supervision) ” in the occupation of the land at Angra Pequena, reserving to itself the right of establishing such protection or jurisdiction us might be necessary in the event of this country declining to exercise the functions which primarily devolved upon it. It may here be observed that it is a well understood and well established principle that though a non-civilised country may not be under the formal sovereignty or even suzerainty of a civilised State, that State may claim to exclude the influence and intervention of another State or other States in its affairs. Indeed, the examples of such claims of political isolation and exclusion are too numerous to admit of the existence of such a right being disputed on abstract grounds. Count Munster, however, as has been stated, did not demur to the claim of such a right by Great Britain on a coast line adjacent to one of its most important Colonies, and on which British sovereignty has been proclaimed at various points. His note was, therefore, understood to be intended as a protest against the assumption of British supremacy on the coast if it were not to be accompanied by suck effective institutions for the protection of trade (including German trade) there; as would relieve the German empire from the duty of providing for the needs of its subjects. It was supposed that the German Government intended to renew, in favour of Mr. Luderitz, an expression of that desire for effective protection which had been put forward in the case of the Rhenish missionaries in 1880, and which appears not to have been met in a sense entirely satisfactory to the German Government. Great Britain has not been slow to protect German subjects in Africa, where that course appeared to be practicable and in accord- ance with the interests of civilisation and the dictates of humanity. One of the objects for which the Ashanti war was pressed to the point of an invasion of the interior was to obtain the release of certain Germans held in durance by King Koffee-Kalkalli. The. Zulu war of 1879 partly arose out of a desire to protect German missionaries in Zulu- land, and a German establishment at Luneberg. The case of Mr. Luderitz appeared different from the case of the Damara-Namaqualand missionaries, which occurred in 1880, inasmuch as his establishment was on the coast, whereas they were established in the interior and divided from succour by a belt of thirty miles of waterless desert As all that seemed to be required by the German Government was that our institu- tions should be effective in order that they should be recognised, it was decided to re consider the decision (which had been arrived at some years previousl ine : y) not to bring the coast between the Orange River and the Portuguese boundary under British pro- tection, and to extend an effective protectorate over the whole coast; or. at all oe over the part in which Mr. Luderitz was interested, if the Cape Ministry would agree me bear the ordinary charges of administration, Her Majesty’s Government mavdin at the same time naval protection. Accordingly, after consulting Sir H. Robinson, the Governor cf the Cape Colony, who was then in this country, Lord Derby telegraphed 4) to Cape Town, on the 4th of February, asking, “Is there any prospect of the Cape ‘* Government undertaking the control of Angra Penquena, as, if not, it will be difficult ‘to resist the representation of the German Government, that, failing other protection ‘* for German subjects at that place, they must assume jurisdiction in it.” This telegram was not in any way kept secret, and was, in fact, published in the Cape Colony. The Cape Ministers asked that the matter might be kept open as the Premier was away. A change of Government in the Colony ensued, and further delayed the answer to Lord Derby’s question; and on the 7th of May Lord Derby again telegraphed to the Cape Government that “it is necessary to tell the German Government what is intended . “ by Her Majesty’s Government repecting Angra Pequena; and if the Colonial ‘* Government desire that it should be under British jurisdiction they should immediately ‘* express readiness to accept the responsibility and cost.” And on the 29th of May “* the Cape Government replied that they would recommend Parliament to undertake the control and cost of the coast line from the Orange River to Walfisch Bay. It has been complained that Count Munster’s note was left for six months* without a definite reply, though it might have been replied to in three days. It has, however, been shown that in so far as that note consisted of an argument against the existence of British sovereignty, it had been answered in anticipation by a concession cf the point which Count Munster’s argument was designed to establish. The part of the letter which appeared to require a reply, that is, the part which was understood to demand that British power.should be made a reality or disclaimed, obviously could not be answered at once. It is to be regretted that Count Munster was not informed that his letter was receiving attention, and that Her Majesty’s Government were in communication with the Cape Government respecting it; but on the other hand it may also be regretted that the German Government did not revert to the subject and further explain their views before taking action. It could not be expected that a machinery of government would be in existence where until Mr. Luderitz made his purchase from Captain Frederick Christian, no government was regarded as necessary or demanded by the traders and fishermen, mostly British, frequenting it. The machinery of government would have to be created, and its creation would require the co-operation of the Cape Colony. At the moment when the supposed wishes of the German Government were communicated to Cape Town, there was a change of Government there, and it was not until May, that the new Ministers had satisfied themselves that it would be prudent or possible for the Colony to undertake to provide for that British protection which Germany was supposed to desire. And even when Her Majesty’s Government were made aware that the German Govern- ment had decided to take Mr. Luderitz and his establishment under its own direct protection, nothing was said as to the establishment of a territorial protectorate, or the attitude which Germany would adopt towards non-Germans on the coast. On the assumption that the protection to be given to Mr. Luderitz was, as stated, to be merely personal to him and his establishment, there was nothing in the communications of the German Government up to that time to preclude action by the British Government in favour cf its own subjects on any part of the coast, and even within the area included in Captain Christian’s grant to Mr. Luderitz. Still less was there any ground for supposing that Germany would have any such objections as those now put forward to action by the British Government north of the Luderitz territory. And, accordingly, Lord Derby, in his telegram of the 14th of July, informed the Cape Government that the country acquired by Mr. Luderitz near Angra Pequena would be under German protection, but that the British Government would be prepared to proclaim under British protection and authority any other places on the coast at which British subjects have claims, if the Colonial Legislature would make arrangements for the cost of such protection; and that it was inferred that the Colonial Government would desire that the coast to the north of the Luderitz concession should be placed under British protection. Such an extension of British jurisdiction is represented by Baron von Plessen as being a measure calculated to injure ‘the German undertaking.” ‘The only “German undertaking ” of which Her Majesty’s Government has hitherto had notice is that of a single individual, Mr. Luderitz, who 1s not known to command unlimited resources, and who has already obtained the right for himself to exercise his energies and his capital within an area of over three thousand square miles. T— . 62 and 69 of [C. 4190]. The delay arose through the change in the Cape Adminis- fo. ge Cee oe been se to obtain replies to its inquiries, which, however, were being attended to by the Colonial Government. F u 15283, 42 Baron von Plessen bases his objections to British interference to the northward of Mr. Luderitz’s claim on the possession by German subjects of certain treaties, said to have been obtained from native Chiefs over portions of the coast to the northward. It is not stated who are the subjects, or who are the Chiefs, nor what are the limits of the. concessions, and nothing appears to have ever been publicly heard of them in South Africa. It is not made plain in Baron von Plessen’s communications whether the German Government intends to assume on its own behalf the political rights obtained by its subjects, but it may be assumed that this is the case, because the exercise of. sovereign -tights by private individuals would be anomalous, and the recognition of their sovereign character could not be claimed for them by their Government. This belief is confirmed by the report now received of the action taken by the German war vessel “ Wolf,” and accordingly Her Majesty’s Government have decided to accept, as an arrangement likely to prove generally beneficial, the establishment of German protection over the whole coast (Walfisch Bay and the British islands always excepted), and they entertain the hope of arriving at a permanent and satisfactory arrangement of the question of jurisdiction, It has been already shown that until the recent communications by Baron von Plessen, the British Government had no reason to suppose that the German Government had any ¢erritorial claims or projects inconsistent with its own. But a further justification of the construction placed on the proceedings of the German Government is to be found in the speeches made by Prince Bismarck in the Reichstag on the 23rd and 25th of June. In the latter speech, he is reported to have said that his policy was not to found provinces, but mercantile settlements. In the previous speech of the 23rd of June, he had referred to an extension of the consular system to Angra Pequena, and in the speech of the 25th he said that a Consul or Resident would be appointed in such places as Angra Pequena to represent the authority of the Empire, and that a Consul would be established in Bremen or Hamburg who would decide all disputes between the merchants residing in such Colonies. Before quitting the question of the action of Her Majeaty’s Government it is necessary to notice the suggestion of the German Chargé d’ Affaires that it was Lord Derby’s telegrams. which graduaily awakened the inclination of the Cape Government to enlarge its territory. So far from this being the case it will be seen, wnen the correspondence is published, that Jive days before the first of Lord Derby's telegrams was sent, the Cape Ministry addressed a minute to the Officer Administering the Government, recommending the annexation of the whole coast. ‘The extension of British jurisdiction over the coast has at various times been desired by the Cape Colonists, and as far back as 1875 both Houses of the Cape Parliament resolved that it was expedient that the limits of the Colony should be extended so as to include Walfisch Bay, and such tract of country inland as may be found necessary, with due regard to the interests ofthe native Chiefs. In furtherance of this resolution a special Commissioner was despatched by the then Governor of the Cape and High Commissioner in 1876 to Damara and Namaqualand, who on the Oth of September in that year, at a place called Okahandja, obtained an offer of submission to British jurisdiction from the Damara or Herero Chiefs of the whole of their country including the seaboard, as far north as what they supposed to be the Portuguese boundary, and as far south as Rehoboth, which lies a little inside the tropic. The same officer subsequently received from some of the principal Namaqua Chiefs separate offers of submission over a great part of Namaqualand. Her Majesty’s Government did not accept the offers of submission to any greater extent than to carry out the annexation of Walfisch Bay with a surrounding territory, estimated to contain an area of 300 square miles, and the observations of Lord Kimberley, to which such emphatic reference has been made by the German representatives, were merely intended to express adhesion to the views of his predecessors, who had declined to take action in the sense desired by the Cape Colonists. Attention may be drawn, in passing, to the fact that it is not correct to assume, as is done by Baron von Plessen, that “ England had no claim to any art of the territory north of the Orange River except Walfisch Bay.” Leaving ae of sight the fact that the whole coast was taken possession of in the name of King George in the year 1796, by Captain Alexander, R.N., England may be said to have had at Ee time, and that not so long ago, the best possible claim, namely, a provisional cession: from the rulers of the country. The action of Captain Alexander was not followed u and is not now of much more than historical interest. The offers made by the Chicks in 1876 have never been finally accepted, and public declarations have been made to third parties that they will not be accepted; hence British ciaims are not now insisted on as 43 ayainst those of Germany, but it is nevertheless a mistake to use language implying that England has desired to intervene in a quarter where it never had any scintilla ot' title. One more remark may be made in regard to the complaints as to Lord Derby's telegrams, which will probably be regarded as conclusive. If their object had been that suggested, they would never have been published. Passing next to the complaints of Baron von Plessen against the recent action of the Cape Parliament, they may be at once set at rest by explaining that a Colonial Parlia- ment and Government have no power to extend their own borders. They can do no more than express a desire that such extensions should be made, and a willingness to accept the burden therein involved. That is what has been donc in the present case by the resolutions of both Houses of the Cape Parliament. It will be noted that the northern limit of the annexation contemplated by this joint resolution is the Portuguese boundary, and that there is therefore absolutely no foundation for the statement in a telegram from Mr. Luderitz, that the Cape Parliament had declared itself willing to agree to the annexation of the coast so far as and beyond the Portuguese boundary—a telegram to which Baron von Plessen has stated that his Government was inclined to give credence. Ifthe annexation of the coast had been determined on its accomplishment would have been the act of Her Majesty’s Government. It would have been carried out in the first instance by the commander of one of Her Majesty’s ships, and afterwards made good by the presence, as occasion required, of Her Majesty's cruizers; the control of affairs on shore being entrusted to colonial officers and police. ‘I‘hese explanations appear to dispose of the fear entertained by Baron von Plessen that the Cape Government would take action on its own responsibility inconsistent with the aims of Germany, and his belief that the Cape Parliament entertained a theory “of theoretical annexations of extended . a unexplored coasts and stretches of land by means of its decrees published at a * distance.’ The assumption that the coast is unexplored should next be noticed. If British juris- diction could be objected to on these grounds, the same objection would at least equally apply to the claim of Germany. ‘To whatever extent the coast has been explored the bulk of the explorations has been the work of English naval officers and mariners, as ‘3 plainly indicated by the number of English names which have been given to the features of the coast such as False Cape Frio, Ogden Harbour, Sugar Loaf Mountain, Hope Bight, Cock’s Comb Mountain, Cape Cross, Half Moon Bay, Pelican Point, Sandwich Harbour, and Spencer Bay. On the whole, an examination of the British nautical records seems to point to the inference that it has been rather more carefully examined than its com- mercial or political importance warranted. In the proclamation of protectorate made by the captain of the German frigate “ Eliza- beth” he is reported to have included all the islands within gunshot of the shore. It was supposed that the fact that these islands were British was now definitely known to the German Government, und Prince Bismarck is reperted to have informed the Reichstag of the fact at least as regards the principal island. But the captain of the frigate was not instructed in the same scnse, and on a review of the correspondence it will be seen that in Count Miinster’s note of the 30th of December 1883, he appears to have desired to express a doubt as to the fact. The truth is that one of them, namely, Ichabo, was taken possession of by a captain in the Royal Navy under instructions from Her Majesty’s Government in June 1861, and that in June 1866 another British naval captain took possession of the following islands, Hollams Bird, Mercury, Long Island, Seal Island, l’enguin Island, Halifax, Possession, Albatross Rock, Pomona, Plum-pudding and Roast Beef or Sinclair’s Islands. These annexations were formally ratified by Her Majesty’s Letters Patent of the 27th of February 1867, and from that date became definitively British soil, though for the time not forming a part of any Colony. In these Letters Patent their incorporation with the Cape Colony was authorised on the passing of the necessary Act by the Cape Parliament. Such an Act was passed by that body in 1873, and, as Count Miinster appears to be aware, it was not approved by Her Majesty’s Government, but he is wrong in drawing therefrem the inference that the acquisition itself was disapproved. ‘That acquisition was the act of the Imperial Govern- ment itself, and the disapproval of the Cape Law was founded upon reasens of form. In the following year, 1874, the Cape Parliament passed an Act in proper form, and it was confirmed by Her Majesty in the same year, since which the islands have formed part of the Cape Colony. Before February 1867, leases of the above-mentioned islands had been granted by Sir Philip Wodehouse, Governor of the Cape, who by Commission from the Queen, dated 27th of February 1867, was appointed Governor of Ichaboe and the Penguin Islands, and authorised to confirm existing leases or to grant new ones. Eventually the existing leases were surrendered, and on the 7th of January 1869, the Governor granted a lease to De Pass, Spence, and Co. of the above-named islands, F 2 44 ‘and of two or three others by name, as well as of “all rocks and islets lying between “‘ Hollams Bird on the north and Roast Beef (or Sinclair’s) Islands on the south, and “* not therein specially named.” This Crown lease is still in force. ; The early definition of the extent and character of the jurisdiction to be exercised by Germany on this coast is of urgent importance in order to prevent the occurrence of disorders which might cause serious complications. It is reported that Mr. Luderitz and his employés have not duly respected the rights of the British lessees to the Penguin Islands, where they have disturbed the birds and injured the property ; and further that it is the intention of the same individuals to expel the trader Radford, who has been peaceably settled near Angra Pequena for several years, and to Jevy duties for the benefit of the firm on all goods landed at Angra Pequena. A tract of land along the coast which was granted by David Christian to Captain Sinclair in 1863, would seem to come within this claim for duties, and as there is no evidence that these duties will be applied for any public or useful purpose, it is to be apprehended that the British traders will. not acquiesce in a demand coming from such a quarter; and acts may be committed which although hitherto justiciable in the Cape Courts under the Act 26 & 27 Vict. cap. 35, would not be punishable in the event of the operation of that Act being superseded without the establishment of any other effective jurisdiction. No. 47. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, October 8, 1884. I am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of a telegram* from the Governor of the Cape, calling attention to the action of Herr Luderitz in claiming as his possession the islands on the South-West coast of Africa from Orange River up to 26° South latitude. Lord Derby proposes, with Lord Granville’s concurrence, to acquaint Sir H. Robin- son by telegraph that the German Government have disclaimed any intention of taking possession of the islands in question, which they admit to be British, and that it will be desirable that the admiral in command on the station should be requested to send up a gunboat at once to Angra Pequena to inform M. Luderitz and to protect the interests of British subjects. Lord Derby presumes that Lord Granville will at once call the attention of the German Government to M. Luderitz’s proceedings, and request them to instruct him to withdraw his claims and refrain from interfering with the islands and the British lessee. Tam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 48. : FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 8, 1884. Wiru reference to your letter of this day’s date,+ I am directed by Earl Granville to state to you, for the information of the Earl of Derby, that Her Majesty’s Chargé d’ Affaires at Berlin has been informed by telegraph, that the Cape Government have called attention to the action of Herr Luderitz in claiming as_ his possession the islands on the South-West coast of Africa, from the Orange River up to the 26th degree of South latitude. ; Mr. Scott has at the same time been instructed to :nake representations on the subject to the German Government, asking them to instruct Herr Luderitz to withdraw his claims and to refrain from interference with the islands and the British lessee, and requesting an immediate answer. Lord Granville would suggest that the reply of the German Government should be awaited before any steps are taken for ordering one of Her Majesty’s gunboats up to Angra Pequetia with a view to protect the interests of British subjects, as proposed in your letter above-mentioned. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. * No. 43. + No. 47. 45 No. 49. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 8, 1884. Wiru reference to your letters of the 20th and 30th ultimo,* I am directed by Karl Granville to transmit to you herewith, for the information of the Earl of Derby, copy of a Despatch from Her Majesty’s Chargé d’Affaires at Berlin, forwarding a copy of the note which he has addressed to the German Government with regard to the German protectorate over part of the South-West Coast of Africa, and to the claim of Her Majesty’s Government to the islands on the coast between the Orange River and the 26th degree of South latitude. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 49. My Lorp, Berlin, October 4, 1884. As instructed in your Lordship’s Despatch of the 2nd instant, I have the honour to state that I have to day addressed a note, copy of which I beg to enciose, to the Acting Minister for Foreign Affairs in the terms of your Lordship’s Despatch above referred to with regard to the recent establishment of the German protectorate over the South-West Coast of Africa, and, at the same time, have informed his Excellency that a further communication would be made to the Imperial Government with reference to Baron de Plessen’s verbal statement to your Lordship of the 20th ultimo in regard to Shark Island, and probably some islets and other territory in the same vicinity. I have, &c. The Earl Granville, K.G. (Signed) C. 8. Scorr. &G, &e. Be. Her Majesty’s Embassy, Berlin, M. ve Ministre, October 4, 1884. Wirs reference to the note which J had the honour to address to his Excellency the Count de Hatzfeldt on the 22nd ultimo in regard to the protectorate recently proclaimed by the Imperial Government over a part of the South-West Coast of Africa I am now directed by Her Majesty’s Principal Secretary of State for Foreign Affairs to inform the Imperial Government that the representation which I was instructed to make in that note in regard to the claim of Her Majesty’s Government to the islands on the coast with special reference to the German protectorate established north of the 26th degree of south latitude, will apply equally to the case of the islands between the 26th degree and the Orange River, of which the principal are—Ichaboe, Long Island, Seal Island, Penguin Island, Halifax, Possession Island, Albatross Rock, Pomona, Plum- pudding and Roast Beef (or Sinclair) Island. These islands were acquired by the Cape Coiony under the authority of the Queen’s Letters Patent of 27th February 1867 and the Act of the Cape Parliament No. 4 of 1874, and are no doubt identical with the ten islands which His Imperial Majesty’s Chargé d’ Affaires verbally informed Earl Granville would not be considered as included in the protectorate recently established by the German Government upon the coast in question. * Nos. 20, 35, and 36. F3 46 In doing myself the honour of making the above communication to your Excellency, as instructed, I am to add that a further communication will be made to the Imperial Government with reference to Baron Plessen’s verbal statement of the 20th September in regard to Shark Island, and probably some other islets and territory in the same vicinity. I avail, &c. His Excellency Dr. Busch, (Signed) C. 8. Scorr. &e. &e. &e. No. 50. COLONIAL OFFICE to DANIEL DFE PASS, Esq. Downing Street, October 8, 1884. Iam directed by the Earl of Derby to acknowledge the receipt of your letter of the 3rd instant,* calling attention to a statement which had appeared in the news- papers that Captain Spence had been warned off certain islands in the neighbourhood of Angra Pequena by Herr Luderitz, and, in reply, I am to acquaint vou that the appoint- ment of a mixed commission to adjudicate upon the conflicting claims of British and German subjects is now forming the subject of correspondence between Her Majesty’s Government and that of Germany. Tam, &c. Daniel De Pass, Esq. (Signed) JOHN BRAMSTON. Sir, No. 51. FOREIGN OFFICE to COLONIAL OFFICE. Foreign Office, October 9, 1884. Wiru reference to my letter of yesterday’s date,+ I am directed by Her Majesty’s Secretary of State for Foreign Affairs to transmit to you, to be laid before the Earl of Derby, copy of a telegram which has been received from Her Majesty’s Chargé d’ Affaires at Berlin reporting that he has made a representation to the German Govern- ment respecting Herr Luderitz’s claim to certain islands in the neighbourhood of Angra Pequena. Sir, I am, &c. The Under Secretary of State, (Signed) T. V. LISTER Colonial Office. Enclosure in No. 51, Octoher 9, 1884, Your Lordship’s telegram of yesterday. Have made representation as instructed regarding islands. Minister for Foreigu Affairs promises to attcnd to it at once, and let me know result as soon as possible. * No, 41. T No. 48. 47 No. 52. FOREIGN OFFICE to COLONIAL OFFIGE. Sir, Foreign Office, October 9, 1884. Wrru reference to my letter of the 2nd instant® respecting Mr. De Pass’s representa- tions in regard to the disturbance to the guano deposits on the islands leased by him in the neighbourhood of Angra Pequena through the firing of guns on the adjacent coast under the protectorate of the Germans, I am directed by Earl Granville to transmit to you, for the information of the Earl of Derby, and in order that the purport of it may be communicated to Mr. De Pass, a copy of a Despatch from Her Majesty’s Chargé d’Affaires at Berlin, reporting the assurances which he has received from the German Government in reply to his representations on this subject. I am, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 52. My Lorp. Berlin, October 4, 1884. i nave the honour io acknowledge the receipt of your Lordship’s Despatch, of the 2nd instant, enclosing two letters addressed by Mr. Daniel De Pass to the Under Secretary of State for the Colonies, respecting the injury alleged to have been done to his interest in certain islands off Angra Pequefia, and to state that I took advantage of a conversation to-day with the Acting Minister for Foreign Affairs to make- a friendly representation to his Excellency on this subject, giving him a memorandum embodying the subject of Mr. De Pass’s letters, and I expressed a hope that such instruc- tions might be issued as would prevent as far as possible any injury to Mr. De Pass’s undertaking. Bede. s Dr. Busch promised to bear Mr. De Pass’s wish in mind, and take steps to prevent any further molestation of the guano deposits. His Excellency added that the Royal salutes complained of were not likely to be repeated in those parts. Tam, &c. The Earl Granville, K.G., (Signed) C. S. Scorr, &e. &e. &e. No. 53. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 9, 1884. Tnave laid before Earl Granville your two letters of the 30th ultimo,} and their enclo- sures, referring to the claims of Messrs. De Pass and Spence: First, to the islands off the South- west Coast of Africa, in the neighbourhood of Angra Pequena, under leases granted them by the Colonial Government, and which they maintain include Shark’s Island; and second, to the coast line from Baker’s Cove to Angra Pequena, and to the mines inland, under grants acquired by them from the local chief David Christian : and Tam now to transmit to you, to be laid before the Earl of Derby, drafts of two instructions which his Lordship proposes to address to Mr. Scott, Her Majesty’s Chargé d’Affaires at Berlin, on these * No. 40. t Nos, 34 and 36, F 4 48 two matters, as requested in the Colonial Office letters; and I am to say that Lord Granville would be glad to know, at Lord Derby’s earliest convenience, whether his Lord- ship concurs in these instructions. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure 1 in No. 53. Drarr FoR ConcuRRENCE. A, Sie, Foreign Office, October —_, 1884. Wiru reference to various questions arising out of the recently proclaimed German Protectorate on the South-West Coast of Africa, I now transmit to you a copy of a letter from the Colonial Office, enclosing copies of a Despatch from the Governor of the Cape Colony and of a minute from his Ministers, transmitting documents referring te tue ownership of various islands and localities on the mainland in the neighbourhood of Angra Pequena. For the special purposes of the present. instruction, I need only forward to you the particular papers of which a list is annexed. They refer particularly to the two questions, first of the British sovereignty over the islands in question, and Messrs. de Pass’s and Spence’s claims as lessees of those islands and rocks, under a lease granted to them by the Colonial Government, dated the 11th of January 1869, which they maintain includes Shark’s Island, on which subject J have addressed you a separate Despatch of to-day’s date, and, second, to their claim, under grants by the Namaqua Chief, David Christian, in 1863 and 1864, to the coast line from Baker’s Cove to Angra Pequena, and to the mines inland, in addition to the islands off the coast. It would appear that the claimants have occupied this land since its acquisition by them for the purposes of general trade, whilst they state that the search for minerals has been prosecuted at considerable expense, and that their representative and manager, with his men, have been at work mining long prior, as well as subsequently, to the arrivai of the first German settlers. The selection of documents which I now enclose, will afford you ample materials for stating what are the nature and extent of the title of British subjects to the territory in question, as well as to the islands, and I have to request that you will take an early opportunity of calling the attention of the German Government to this matter, informing them fully of the nature of the grounds on which Messrs. De Pass and Spence put forward their claims. I have, &c. Mr. Scott. Enclosure 2 in No. 53. Drarr ror CoNcurrENCE. B. Sir, Foreign Office, October —_, 1884. Ty my Despatch of the 2nd instant directing you to make a communication to the German Government in regard to the claim of Her Majesty’s Government to the islands off the South-West Coast of Africa (over which the German protectorate has lately been proclaimed) as dependencies of the Cape Government, you were at the same time instructed to notify to the German Government that a further communication would probably be addressed to them with reference to Shark’s Island and other islets or a on the coast in question. . now transmit to you an extract of a letter from the Colonial Office, enclos} . of a letter from Mr. De Pass, from which it appears that he claims Shark’s ede ae included in his lease of the various “rocks and islets” on the coast granted to hita i 49 the Colonial Government, a copy of which is enclosed in my previous Despatch, of this day's date, directing you to make a representation to the German Government with reterence to Mr. De Pass’s claim to certain territory on the shore. I have to request that you will bring Mr. De Pass’s claim to Shark’s Island to the notice of the German Government, calling their attention to the grounds upon which it is advanced. I have, &c. Mr. Scott. No. 54. The Ricar Hon. rue EARL OF DERBY, K.G., to the Ricur Hon. SIR HERCULES ROBINSON, G.C.M.G. "TELEGRAPHIC. 10th October. In answer to your telegram of 6th October.* Representation has been made to German Ministry respecting Luderitz claims. They promise reply shortly. No. 55. FOREIGN OFFICE to COLONIAL OFFICE. Foreign Office, October 10, 1884. Witn reference to my Ictter of yesterday’s date,t I am directed by Earl Granville to transmit to you, for the information of the Earl of Derby, copy of a Despatch which has been addressed to Her Majesty’s Chargé d’Affaires at Berlin, instructing him to thank the German Government for their assurances on the subject of disturbance to Mr. De Pass’s guano islands near Angra Pequena. Sir, Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. ~ Colonial Office. Enclosure in No. 55. Foreign Office, October 10, 1884. I wave received your Despatch of 4th instant, reporting the result of your representation to the German Government on the subject of Mr, De Pass’s remon- strance against the injury caused to the deposit of guano on the islands leased by him in the neighbourhood of Angra Pequera, through the firing of guns by the Germans, and I have to request that you will convey tothe German Government the acknowledgments of that of Her Majesty for the assurance given by them in this aun : am, &c. (Signed) GRANVILLE. Sir, GC. S. Scott, Esq., &e. &e. * No. 43. ft No. 53. u 15283 50 No. 56. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 11, 1884. Wiru reference to my letter of the 4th instant,* I am directed by Earl Granville to transmit to you herewith, for such observations as the Earl of Derby may have to offer thereupon, translation of a letter from the German Chargé d’ Affaires in London, containing the reply of the German Government to the note addressed to them by Mr. Scott, on the 22nd ultimo, on the subject of the Protectorate established by Germany over certain parts of the South-West Coast of Africa. The note contains explanations as to the character and extent of the protectorate, and in conveying the acceptance by the German Government of the proposal for a mixed commission to consider and safeguard the nights of British subjects in the territory in question, describes the duties which in their opinion should devolve upon it, and suggests that it should mect at Cape Town, the Commissioner named on the part of Germany being Dr. Bieber, who has recently been selected for the post of German Consul-General in that city. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 56. Translation. German Embassy, October 8, 1884. Tue undersigned, in pursuance of instructions from his Government, has the honour to acknowledge to his Excellency Her Britannic Majesty’s Secretary of State for Foreign Affairs, the receipt of the communication which, dated 22nd ultimo, was addressed by the British Chargé d’ Affairs at Berlin to Count Hatzfeldt, on the subject of the placing of certain coast districts in South-West Africa under the protection of the German Empire. As the undersigned has been already charged to intimate orally, his Government was glad to perceive, from the communication referred to, the readiness of the British Government to enter upon amicable and neighbourly relations towards Germany in South-West Africa. With regard generally to the pomts touched on in the communication of the 22nd ultimo, the undersigned permits himself the following observations :— The protectorate proclaimed in the name of His Majesty the Emperor in the territories in question extends, as the Royal Government of Great Britain rightly apprehends, not alone to the person of German subjects there resident or sojourning, but to the actual area, and has consequently a territorial character. The district placed under protection comprises the whole coast from Cape Frio to the Orange River, including the islands to be regarded, in accordance with international laws, as belonging to the mainland, with the exception of Valoisch (sic) Bay, and such parts of the mainland and of the islands somewhat beyond Valoisch Bay, which are to be recognised as being under British sovereignty. His Majesty’s Government reserves for a subsequent period a more definite demarcation of the landward frontier as the develop- ment of the settlements and of the colonial traffic may suggest. The undersigned is empowered to accept the proposal that a mixed commission of members appointed by both parties should meet to consider and safeguard the rights of British subjects in the territory in question, He ventures to propose Cape Town as the place for their meeting, and to nominate as German Commissioner Dr. Bieber, who has been selected for the post of Consul-General in Cape Town, and will shortly leave Berlin for that place. The duties incumbent on the mixed commissivn, will, in the opinion of His Majesty’s Government, include the investigation of the question what islands off the coast referred to, shall, as being subject to British sway, be excepted from the German Protectorate The undersigned has given expression to the views that His Majesty’s Gov : : , : : k : ernment lays no claim to the several islands which, according to the information then 7 at hand, were * No, 42, 51 already in the year 1874 incorporated with Cape Colony. More recent information, which has reached the Government of the undersigned, however, leaves it doubtful whether the premises on which the statement made reposed were correct, and whether the facts, title of acquisition on which the British claims were founded are to be deemed legally valid. The mixed commission will, according to the view of Her Majesty’s Government have to examine and report upon these points. As regards the legal protection of the British subjects resident within the territory of the German Protectorate, proper provision will next be made for this case, adopting as a general principle the parity of treatment of British subjects in German and German subjects in British Colonies in Africa. Tt is however worthy of remark that 4s far as is ascertainable from the information at hand no British population worth mentioning exists in the coastal region in question, as but few British subjects frequent it for trade, seal-hunting or fishing. While the undersigned begs to await the nomination of the British Commissioners he avails, &c. (Signed) L. Piessen. No. 57. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 13, 1884. I am directed by Earl Granville to transmit to you herewith, for the information of the Earl of Derby, a paraphrase of a telegram which has been received from Her Majesty’s Ambassador at Berlin respecting the communication of the Memorandum relative to South-West Africa, which was enclosed in your letter of the 7th instant.* Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 57. TELEGRAM. Sir E. Mater, Berlin, October 13ti. RererENcE to your Lordship’s telegram of 8th instant. I handed to Dr. Busch on the 10th instant copy of the Memorandum relative to Angra Pequena, which reached Berlin on the evening of the 9th. No. 58. COLONIAL OFFICE to DANIEL DE PASS, Esa. Downing Street, October 13, 1884. Wiru reference to previous correspondence I am directed by the Earl of Derby to acquaint you that Her Majesty’s Chargé d’Affaires having made a representation to the German Government on the subject of your complaints of the injury alleged to have been done to your interests in certain islands adjacent to Angra Pequena, the Acting Minister for Foreign Affairs has informed Mr. Scott that he would bear your wish in mind, and take steps to prevent any further molestation of the guano deposits. His Excellency added that the royal salutes of which you had complained were not likely to be repeated in those parts. Sir, Iam, &c. D. De Pass, Esq., (Signed) ROBERT G. W. HERBERT. * No. 46. G 2 52 No. 59. COLONIAL OFFICE to FOREIGN OFFICE. Downing Street, October 13, 1884. Wiru reference to your letter of 9th instant,* enclosing a copy of a telegram from Her Majesty’s Chargé d’ Affaires at Berlin reporting that he had made a representation to the German Government respecting Herr Luderitz’s claims to certain islands in the neighbourhood of Angra Pequena, I am directed by the Earl of Derby to transmit to you, for the information of Earl Granville, a copy of a telegram} which has been sent to the Governor of the Cape on the subject. SIR, I am, &c. ‘The Under Secretary of State, (Signed ) JOHN BRAMSTON. Foreign Office. No. 60. DANIEL DE PASS, Esea., to COLONIAL OFFICE. IcHasor Guano Isuanps. My Lorp, 128, Leadenhall Street, London, October 14, 1884. I wave the honour to acknowledge the receipt of your communication of 13th instant,{ and am glad to note that efforts are being made to prevent the birds being disturbed and damage done to the guano islands. The value of these islands when the old deposit of guano had been cleared off was nothing, and many years of loss were sustained by us in preserving at the hatching season the few birds that remained, until the increase has become so enormous as to make these islands of great value. I have, &c. To the Secretary of State for the Colonies, (Signed) DANIEL DE PASS. Downing Street. No. 61. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, October 15, 1884. Wirn reference to previous correspondence I am directed by the Earl of Derby to transmit to you, for the information of Earl Granville, a copy of a further letter§ from Mr. De Pass on the subject of the action of Mr. Luderitz at Angra Pequena. I am also to enclose a copy of a letter {| which has been addressed to Mr. De Pass in accordance with your letter of the 9th instant. || Tam, &c. The Under Secretary of State, (Signed ) JOHN BRAMSTON. Foreign Office. No. 62. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 15, 1884. Wiru reference to my letter of the 9th instant, || I am directed by Earl Granville to transmit to you herewith copy of a Despatch which has been received from Her Majesty’s * No. 51. t No. 54. { No. 58. § No. 45, | No. 52. 53 Chargé d’ Affaires at Berlin respecting the representations which he has made to the German Government on the subject of the action of M. Luderitz at Angra Pequena. Iam, &c. ‘he Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. . Enclosure in No. 62. My Lorp, Berlin, October 9, 1884. On receipt of your Lordship’s telegram of yesterday, I at once called on the Acting Minister for Foreign Affairs, and made a strong representation to his Excellency in the sense of your Lordship’s instruction in regard to the action of M. Luderitz at Angra Pequena requesting that instructions might be sent to that gentleman to desist from advancing claims to the possession of the islands lying off the West Coast of Africa between 26° S. and the Orange River, and from interfering with those islands or with the British lessee. Dr. Busch at once admitted that these islands were the 10 referred to by Baron Plessen, as claimed by the Government of the Cape Colony, to which the German Pro- tectorate would not extend, and promised tv attend to my representation as soon as ossible. , His Excellency said that as there was at the present moment no German Consul or authoritv within easy access to Angra Pequena, M. Luderitz had probably acted without full knowledge of the latest views and intentions of the Imperial Government in regard to the recently established protectorate. I have, &c. The Earl Granville, K.G., (Signed) C. 8. Scorr. &e. &e. &e. No. 63. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, October 17, 1884. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 11th instant,* covering a note from the German Chargé d’ Affaires, dated the 8th instant, respecting the German Protectorate in South-West Africa, and the appointment of the proposed mixed commission. a 2. Before entering into the general question of the duties to be assigned to such commission, I am to intimate that Lord Derby learns with much surprise that the German Government are disposed to question Her Majesty’s right to the sovereignty of any of the islands off the coast. It is a notorious fact that certain islands in the immediate vicinity of Angra Pequena have for years past been in British occupation as part of Her Majesty’s dominions, and Lord Derby cannot but notice with regret that Baron Plessen’s note refrains from indicating any grounds for the position assumed by the German Government in questioning the British title to these islands. ‘The omission however is supplied by a telegram from the Governor of the Cape, dated the 6th of October, in which he reports “‘ Herr Luderitz, of Angra Pequena, claims that through “ hoisting German flag on mainland, all islands on West Coast of Africa from Orange « River up to 26° south latitude have come into his possession, and he calls upon Captain ‘© Spence, the lessee of those islands, which have been formerly annexed to this Colony, « to vacate them.” Lord Derby thinks that this telegram should be communicated to the German Govern- ment, with an intimation that Her Majesty’s Government cannot admit that under any principle of law one sovereign power by occupying and hoisting its flag in territory thereto- fore unoccupied acquires any rights in islands near the coast of such territory which are already in the occupation of another sovereign power, and that they do not perceive that there is any occasion for submitting the question to the proposed commission. * No. 56. ; G 3 54 3. Iam also to take this opportunity of asking what meaning Lord Granville attributes to a protectorate of a territorial character. Lord Derby infers that.this long stretch of coast in question, although under the protection of the German Empire does not become German soil, as part of the Empire, and consequently will uot be subject to any system of German law. If Lord Derby is correct in this view the territory would seem to remain under Hottentot law, that is to say, no law, and it would appear that the Act 26 & 27 Vict. cap. 35. is not abrogated, under which British subjects committing crimes up to Jat. 25° §. are finable by the courts of the Cape Colony. Should this view coincide with Lord Granville’s appreciation of the position, it would seem that the German settlers will be protected against offences by British settlers, while Her Majesty’s subjects will have no corresponding protection against the acts of German settlers. Iam, &c, The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 64. DANIEL DE PASS, Esa., to COLONIAL OFFICE. 128, Leadenhall Street, London, My Lorn, October 20, 1884. Wiru reference to the Commission mentioned in your Lordship’s letter of 8th instant,* to be appointed to adjudicate upon the claims of British subjects at Angra Pequena, I would inquire if I shall be informed when the appointment is made, and if I shall afterwards be allowed ample time to prepare my case, both here and at the Cape, as well as at Angra Pequena, and any other place on the coast that the Commission may decide to visit, as it takes considerable time to communicate by letter with the Cape, and there will no doubt he many details to be looked after. I am, &c. To the Secretary of State (Signed) pp. DANIEL DE PASS. - for the Colonies, CHARLES H. HESS. Downing Street. No. 65. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 21, 1884. Wrru reference to the letter from this Department of the 11th instant + lam directed by Earl Granville to transmit to you the accompanying copy of a Des atch addressed to the German Chargé d’ Affaires at this Court on the 13th instant be the Imperial German Government, and communicated by him on the 15th instant, ex Slain. ing the views of the German Government as to the functions of the Mixed Coninision proposed to be appointed in connexion with the German Protectorate over certain parts of the South West Coast of Africa; and forwarding copy of a letter from Herr Tnidenis respecting the alleged infringement of his rights. Dr. Busch states that Dr. Bieber, the German Commissioner, is about to start for Cape Town, and asks that a British Commissioner may be appointed as soon as possible "In laying this Despatch before Her Majesty’s Secretary of State for the Colonies I am to request you to move his Lordship to favour Lord Granville with any observatio which he may have to offer as to the answer which should be returned to Bar Von Plessen’s communication. Geran The Under Secretary of Stat 5 ou &e. r Se ary O ate, . ; Calonial Ofice. (Signed) 'T. V. LISTER, * No, 50. t No. 56. 55 Enclosure in No. 65. - Berlin, October 13, 1584. l rorwarD you herewith for your information in copy two notes of the English Chargé d’ Affaires in this place of the 4th instant respecting Angra Pequena. The first specifies the islands to which claims are made by England. This communication we regard as preliminarily answered by the note which, in pursuance of my instructions of the 6th, you addressed on the 8th instant to the Government to which you are accredited. According to that note the claims to the islands, from the point of view also of international law, are shortly to be subjected to an examination by a Mixed Com- mission which is to be instituted. To the same board are also to be submitted the English private rights mentioned in Mr. Scott’s second note of the 4th instant. Herr Luderitz has sent me the annexed copy of the communication of the 30th ultimo which he addressed to the Governor of the Cape Government, in order, if possible through his intervention to reach Mr. Spence’s aggressions upon his rights. At the same time Herr Luderitz has lodged a complaint with Her Majesty’s Government respecting the loss inflicted upon him by Mr. Spence’s continued exploitation, not only of the debateable islands, but also of certain points on the coast, particularly the reefs and bays indubitably belonging to the mainland, and has coupled with his complaint an application for the prohibition of this exploitation. On the other side the English Chargé d’ Affaires has been instructed, in pursuance of the telegram of the 8th instant from his Government, a copy of which communicated by him is here enclosed, to request from His Majesty’s Government that Herr Luderitz should be enjoined to waive his claims to the islands and abstain from proceedings against persons who had leased these islands from the British Government. I beg that you will tell Lord Granville or his representative with reference to your note of the 8th instant that, as regards the islands, pending the adjustment to be effected by the Commission in Cape Town, we consider the maintenance of the status quo proper, but on the other hand regard it as just that, at the same time, English private persons should refrain from operations such as seal killing, fishing, and mining upon the mainland and on reefs, as well as in the bays which belong to the mainland, as such operations constitute infringements of Herr Luderitz’s uncontested rights of ownership. You will request a communication as to whether the English Government is prepared to instruct the Cape Colony authorities in this sense. Supposing this to be so it will be understood that Herr Luderitz shall respect the situation arising from the farming contracts of the English which exists there until the conclusion of the negotiations. You can at your interview communicate the above-mentioned document addressed by Herr Luderitz to the Governor of Cape Colony for Lord Granville’s information. The Imperial Consul-General, Dr. Bieber, whom we have already specified to the English Government as our Commissioner for the settlement, will shortly embark for Cape Town. You will also mention this to Lord Granville, and request at the same time that an English Commissioner may be appointed and announced to us as soon as possible. (Signed ) Buscu, The Imperial Chargé d’ Affaires, Baron Plessen, London. Your Exce.tency, Bremen, Germany, September 30, 1884. Tur events which have recently taken place on the $.S.W. coast of Africa, in connexion with my territory extending from the Orange River north to Cape I'rio (Walwich Bay excluded), and placed under the protection of His Imperial Majesty the Emperor of Germany, cause me to address the following observations to your ncy. oe Excellency is aware I have by purchase acquired the said territory with all its privileges from the legitimative (sic) owners, the duly recognised native Chiefs. The contracts of sales and receipts given by the vendors state that the object of sale comprises the entire coast fromthe Orange River northward, including all ports and bays as well as 20 geographical miles inland, and these documents have been deposited with the Foreign Office at Berlin. G 4 56 Tn consideration of the fact that according to International Law all islands, rocks, reefs, &c., situated within the reach of a cannon shot from the coast belong to the latter, I have naturally taken it for granted that all islands, rocks, reefs, so situated near the territory acquired by me also became my property, and therefore did not deem it necessary specially to enumerate the same in the deed of sale. To my great surprise I have now been informed by the Foreign Office at Berlin that your Excellency, on behalf of the Colony of the Cape of Good Hope, claims a right of property to these islands, alleging that they have some years ago already been annexed by a British shipmaster on behalf of the said Colony (according to the records this annexation has never been proclaimed, and the British Government in the year 1880 declared that the Cape Colony was bounded on the north by the Orange River, thus depriving them of the right of property to the territory situated between the latter boundary and the Portuguese settlement, Walwich Bay excepted). I am compelled to lodge a protest against these allegations with the Imperial German Government, like (sec) 1 have already done in September 1883 with his Excellency Lieut.-General the Hon. Leycester Smyth, the Administrator of the Colony of the Cape of Good Hope, as far as the three islands situated in Angra Pequena Bay are concerned, namely, Seal, Penguin, and Shark Islands. These three islands are beyond all doubt forming part of my property, because they are, as stated above, situated in the Bay of Angra Pequena, duly acquired by me by purchase, and -comprising, according to Africa Pilot, Part II., p. 201, etc., everything situated between Diaz and N.E. point. These facts cannot be disregarded by your Excellency, and I am anxious to know what steps would be taken by the British Government if such pretensions were made by a Foreign Colonial Government against the right of a British subject. I hope and trust your Excellency, led by a righteous and gentlemanly feeling, will discontinue to uphold the said unjustified claim against a portion of my duly acquired territory, and thus put the present dispute at rest. A certain Mr. Spence, of Cape Town, declares to nave leased the said so-called Guano Islands for a number of years from the Government of Cape Colony, and continues to gather guano on them for his benefit, although they have become my legitimate property. Besides the said party is destroying seals on my islands, rocks, and reefs, owns fisheries in my bays, and works mines on the mainland, without ever having asked nor obtained the sanction from me the legitimate owner. All these proceedings being decidedly encroachments upon my rights, and destruction of my property, so long as I have not sanctioned the same, I respectfully request your Excellency may be pleased for the future to forbid Mr. Spence those encroachments under penalty of laws. The claim which I have against Mr. Spence for illegitimately availing himself of the resources of my property will be put forward in due time, together with a demand for settlement thereof. In conclusion, I venture to express the hope that your Excellency may be pleased as early as possibie to take such measures as will secure unto me the rights explained in the foregoing communications. Sir Hercules Robinson. (Signed) Fr. A. E. Luperrrz. No. 66. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 22, 1884. I am directed by Earl Granville to transmit to you, to be laid before Her Majesty’s Secretary of State for the Colonies, a copy ofa Despatch from Her Majesty’s Ambas- sador at Berlin, enclosing a copy of a note addressed to the German Government on the subject of the claira of Mr. De Pass to Shark Island, near Angra Pequena. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. 57 Enclosure in No. 66. My Lorp, Berlin, October 18, 1884. I wave the honour to acknowledge the receipt of your Lordship’s Despatch of the 11th instant, respecting the claim of Her Majesty’s Government to Shark’s Island and other islets and territories off the South-West Coast of Africa, and to enclose copy of the note which, in obedience to your Lordship’s instructions, I have addressed to the Acting Minister for Foreign Affairs, calling his Excellency’s hase to Mr. De Pass’ claim to Shark’s Island, and to the grounds upon which it is advanced. I have, &c. The Earl Granville, K.G. (Signed) Epwarp B. Mater. M. te Ministre, Berlin, October 17, 1884. In the note which Mr. Scott had the honour to address to your Excellency on the 4th instant in regard to the claim of Her Majesty’s Government to islands off the West Coast of Africa, he mentioned that he would make a further communication to your Excellency with reference to Baron Plessen’s verbal statement of September 20, in regard to Shark Island and the claim made to it by Mr. De Pass. ~[ have now the honour to inform your Excellency that Mr. De Pass claims the island in question in virtue of the lease granted to him by the Government of Cape Colony on January 11, 1869, of which a copy is inclosed in my previous note to your Excellency of this day’s. Clause No. 2 of that lease runs as follows :— “ All rocks and islets lying between Hollam’s Bird Island on the North and Roastheef (or Sinclair’s Island) on the South, not herein specially named, called the Ichaboe Group, shall nevertheless be declared and taken to be included in this lease.” Mr. De Pass states that he has from the very first claimed the island under this lease. : I avail, &c. (Signed) E. Mater. His Excellency the Acting Minister for Foreign Affairs, &e. &e. &c. No. 67. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 23, 1884. I am directed by Earl Granville to transmit to you, to be laid before Her Majesty’s Secretary of State tor the Colonies, a copy of a Despatch from Her Majesty’s Ambassador at Berlin, enclosing a copy of a note addressed to the German Government on the subject of the claims of Messrs. De Pass and Spence to certain islands off the coast of Angra Pequena, and to certain country and mining rights inland in addition to the islands. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 67. My Lorp, . Berlin, October 18, 1884. J wave the honour to acknowledge the receipt of your Lordship’s Despatch, of the 11th instant, relating to territorial claims in the neighbourhood _of Angra ‘Pequena, and to enclose copy of the note, which, in obedience to the instructions contained therein, I have addressed on the subject to the Acting Minister for Foreign ae in my note were copies of (1) lease from Colonial Government, January 11 1869; (2) grant from David Christian, September 21, 1863; (3) grant from David, Christian, December 9, 1864. I have, &c. The Earl Granville, K.G. (Signed) Epwarp B. Mater. a 15283. H 58 M. Le Ministre, Berlin, October 17, 1884. Wiru reference to Mr. Scoti’s notes to your Excellency of the 22nd ultimo, and the Ath instant, and for the further elucidation of questions relating to territorial claims in the neighbourhood of Angra Pequetia, I have the honour to transmit to your Excellency copies of certain documents referring to the claims ot Messrs. De Pass and Spence as lessees of certain islands and rocks under a lease granted to them by the Colonial Government, and dated the 11th of January 1869, and, secondly, tc their claim under grants by the Namaqua Chief, David Christian, in 1863-1864, to the coast line from Baker’s Cove to Angra Pequefia, and to certain country and mining rights inland in addition to the islands off the coast. The documents, of which I have the honour to enclose copies, are the following :— Ist. Copy of the lease for 26 years of the islands to Messrs. Spence and De Pass from Sir Philip Wodehouse, Governor of the Cape, dated the 11th January 1869. 2nd. Copies of the grant of certain lands and mining rights to Messrs. De Pass, Spence, and Co., by David Christian, Chief of the territory called Namaqualand, dated re- spectively the 21st September 1863 and the 9th December 1864. According to a statement made by Mr. Spence the land granted by the Chief, David Christian, has been occupied by Messrs. Spence and Co. ever since its first acquisition for the purposes of general trade, the search for minerals has been prosecuted at con- siderable expense, and their representative manager, with his men, have been at work mining long prior 1s well as subsequently to the arrival of the first German settlers. The above-mentioned documents will enable your Excellency to understand the nature and extent of the title of British subjects to the territory and islands in question, as well as the grounds on which Messrs. De Pass and Spence rest their claims, and in submitting them to your Excellency’s friendly attention, IT avail, &c. His Excellency the Acting Minister (Signed) E. Mater. for Foreign Affairs. No. 68. COLONIAL OFFICE to FOREIGN OFFICE. Sr, Downing Street, October 24, 1884. I am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of a letter* from Mr. D. De Pass, relating to the proposed International Commission relating to Angra Pequena, and i am to inquire what answer should be returned. Tam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 69. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 25, 1884. Wiru reference to your letter of the 13th instant,t and to the letter from this Department of the 21st instant, I am directed by Earl Granville to transmit to you herewith a copy of a Despatch from Her Majesty’s Ambassador at Berlin, reporting that Dr. Busch had sent for Herr Luderitz, and had informed him that he was not to interfere with the rights of persons established at Angra Pequena or in the neighbourhood, and that all questions as to such rights which might be in dispute must be referred for settlement to the Commissioners to be appointed by England and Germany. Lam, &e. ‘The Under Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office. * No, 64. t No. 59. t No. 65. 59 Enclosure in No. 69. My Lorp, Berlin, October 18, 1884. Wiru reference to your Lordship’s telegram of the Sth instant, and to Mr. Scott’s reply of the following day, I have the honour to inform your Lordship that Dr. Busch, Acting Minister for Foreign Affairs, informed me to-day that he had sent for Mr. Luderitz, and had informed him that he was not to interfere with the rights of persons established at Angra Pequena or the neighbouwthood, and that all questions as to such rights which might be in dispute must be referred for settlement to the Commissioners to be appointed by England and Germany. I have, &c. The Earl Granville, K.G., (Signed) E. B. Mater. &e. &e. &e. No. 70. _ FOREIGN OFFICE to COLONIAL OFFICE. SIR, Foreign Office, October 27, 1884. Wiru reference to the letter from this Department of the 9th instant,* [ am directed by Her Majesty’s Secretary of State for Foreign Affairs to transmit to you, to be laid before Her Majesty’s Secretary of State for the Colonies, copies of correspon- dence on the subject of Mr. De Pass’s territorial claims in the neighbourhood of Angra Pequena. Iam, &c. The Under Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office. Enclosure 1 in No. 70. 128, Leadenhall Street, London, My Lorp, October 23, 1884. I nave this day received from Cape Town a notification from Mr. John Spence who is associated with me in the various properties on the south-west coast of Africa), that Herr Luderitz’s acquisitions being under German protection, by the act of hoisting. the German flag at Angra Pequena, he as owner of that place claims all islands on this coast. I have left at the Foreign Office my documents which I hold from the Imperial Government, which are the leases to me and to others of the Ichaboe group of islands, all rocks, and islets, &c.. &c. According to these leases this coast has been British property for 23 years, and was occupied by my firm 10 years before this; our occupation has been an uninterrupted one for 33 years, during which time no native Chief ever claimed to be the possessor of this coast. I am informed a Commission is to sit at Cape Town, which is to consist of a German and an Englishman. Would your Lordship acquaint me if amongst other claims of Herr Luderitz this claim for ownership of undoubted British property will come under its powers ? . . I have now to suffer quite enough loss and vexation by the many properties and industries I have along the coast which will be claimed as German, but as regards the Guano Islands, for which we have paid rent, I do hope your Lordship will insist that this being British territory cannot be questioned at such a Commission. In the event of this guano right being subjected to the Court of Inquiry by a Com- mission I shall have to be present to watch my interests, and it will necessitate the breaking up of my establishment here ; I should therefore be obliged if your Excellency would acqaint me as early as possible of the determination you have arrived at. I have, &c. The Earl Granville, K.G., (Signed) Dante, De Pass. &e. &e. S&C. * No. 53. H 2 60 Enclosure 2 in No. 70. Fort Vogelsang, Angra Pequena, Dear Sir, August 7, 1884. No doubt you will have heard that H.M.S. “ Elizabeth ’’ has hoisted the German flag here at my place. ~ Through that act all islands on the coast of West Africa from the Orange River up to the 26th degree south latitude have come in my possession. I kindly request you now to remove all people you have got on those islands within 2 (two) months. : I remain, &e. J. Spence, Esa., Cape Town. (Signed) F. A. E. Luperirz. Heiner. VoGELsAne, Attorney. Enclosure 3 in No. 70. Sir, Foreign Office, October 25, 1884. I am directed by Earl Granville to inform you that his Lordship is not as yet in a position to reply to the inquiries contained in your letter of the 23rd instant relating to your interests in the neighbourhood of Angra Pequena, and I am to suggest that you should continue to address yourself to the Colonial Office, by whom his Lordship does not doubt you will be informed in due course of any decision that may be arrived at as regards your claims. Tam to add that the leases which you left at this Department will be retained until they can be returned to you in person. Tam, &c. Daniel De Pass, Esq., (Signed) J. PAuncerore. 128, Leadenhall Street, E.C. No. 71. FOREIGN OFFICE to COLONIAL OFFICE. Sir, . Foreign Office, October 28, 1884. Wiru reference to my letter of the 8th instant,* I am directed by Earl Granville to transmit to you herewith copy of a Despatch from Her Majesty’s Ambassador at Berlin on the subject of Mr. De Pass’ Guano Islands in the neighbourhood of Angra Pequena. Tam, &c. The Under Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office. Enclosure in No. 71. My Lorp, Berlin, October 22, 1884. Wiru reference to your Lordship’s Despatch of the 10th instant, I have the honour to inform your Lordship that on the 18th instant I conveyed verbally to Dr. Busch, Acting Minister for Foreign Affairs, the thanks of Her Majesty’s Government for the assurances which his Excellency had been so good as to give Mr. Scott with reference to the disturbance caused to wild fowl on the islands near Angra Pequena through the firing of salutes on board German men-of-war. ; I have, &c. The Earl Granville, K.G. (Signed) E. B. Mater. * No, 49, 61 No. 72. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, October 28, 1884. I nave laid before the Earl of Derby your letter of the 21st October* (received here on the 23rd), enclosing a copy of a Despatch from the German Government, relative to the appointment of a Joint Commission to determine the respective rights of certain British and German subjects to land at Angra Pequena and its neighbourhood, . and Iam to refer to the letter from this Department of the 17th October,t in which, by Lord Derby’s direction, it was asked that before entering upon the general question of the duties to be assigned to the Commission, the telegram from Sir Hercules Robinson of the 6th October might be communicated to the German Government, with an intimation that Her Majesty’s Government could not admit that another Sovereign Power by occupying and hoisting the flag upon the mainland of a country could acquire any rights upon the adjoining islands which were already in British occupation as part of the British dominions, and in which it was stated that there was no occasion for sub- mitting the question of the British title to the proposed Commission. Lord Derby remains of this opinion, in which Lord Granville doubtless concurs, and I am to ask that this Department may be furnished with a copy of any communication addressed to the German Government in consequence of the letter of the 17th October.§ 2, It appears from the documents enclosed in your letter under acknowledgment that the British title to these islands is disputed by the German Government on the faith of the following passage in Mr. Luderitz’s letter of the 30th September, addressed to Sir Hercules Robinson :— : « As your Excellency is aware I have by purchase acquired the said territory with all its privileges from the legitimative (sic) owners, the duly recognised native Chiefs. “The contracts of sale and receipts given by the vendors state that the object of sale comprises the entire coast from the Orange River northward, including all ports and bays as well as 20 geographical miles inland, and these documents have been deposited with the Foreign Office at Berlin. “In consideration of the fact that according to international law all islands, rocks, reefs, &c. situated within the reach of a cannon shot from the coast belong to the latter, J have naturally taken it for granted that all islands, rocks, reefs, so situated near the territory acquired by me also became my property, and therefore did not deem it necessary specially to enumerate the same in the deed of sale. “To my great surprise Ihave now been informed by the Foreign Office at Berlin. that your Excellency, on behalf of the Colony of the Cape of Good Hope, claims a right of property to these islands, alleging that they have some years ago already been annexed by a British shipmaster on behalf of the said Colony (according to the records this annexation has never been proclaimed, and the British Government in the year 1880 declared that the Cape Colony was bounded on the north by the Orange River, thus depriving them of the right of property to the territory situated between the latter boundary and the Portuguese settlement, Walwich Bay excepted ”’). — 3. It is quite clear from Mr. Luderitz’s letter that he is dealing with the question of private property and not with that of public sovereignty, and, with a singular confusion of ideas, he believes that the three-mile doctrine is applicable to questions of private owner- ship as well as to questions of territorial jurisdiction. That is to say, Mr. Luderitz contends that the sale of the private ownership of a strip of land along the coast would carry with it the cession in private ownership of everything within three miles of that coast. That this was the contention of Mr. Luderitz appears to have escaped the notice of the German Government, but if it had been properly understood, Lord Derby can hardly conceive that this claim would have received the support of that Government. As a purchaser he is bound by the terms of his deed, which also in this case he prepared for himself, so is doubly bound. 4. As to the sovereignty, however, it is possible that the German Government may have been misled by Mr. Luderitz’s letter into a supposition that the Cape title to the islands rests only upon the acts of the authorities of that Colony, and it is desirable at once to meet such a contention. Lord Granville is aware and may think it desirable to explain to the German Government that no British Colony possesses any power of adding territory to the Queen’s dominions ; acts of annexation require the previous authority or * No. 65. ¢ No. 63. t No. 43, § No. 63. H 3 62 the subsequent ratification of the Queen, and a. further Act by the Queen is necessary before such territory can become incorporated in any Colony. 5. It may be excusable in Mr. Luderitz not to understand that the Cape Colony does not claim these islands as annexed by it on its own behalf, but it has been fully explained to the German Government, in the Memorandum already communicated to them, that the islands now in question belong to Her Majesty, and that after they had been duly taken possession of for Her Majesty, and had become part of Her dominions, it pleased the Queen to place them under the control of the Cape Government by formally autho- rising their annexation to that Colony. The German Government are, as Lord Derby presumes, in possession of a copy of the Letters Patent of February 1867, which were published in the Cape Government Gazette on the 26th of April 1867. These are a solemn Act by Her Majesty and Her Privy Council, autheuticated under the Great Seal of the United Kingdom, whereby after declaring that these islands had at an earlier date been taken possession of upon Her behalf, the Queen proceeds to authorise the measures usual for incorporating outlying territories in a neighbouring Colony, and Lord Derby can only suppose that through some oversight the German Government has inadvertently adopted the irresponsible assertions of Mr. Luderitz. 6. Lord Granville may think it desirable in a friendly and unofficial manner to mention this view of the matter to the German Minister of Foreign Affairs, and while in no way admitting that Her Majesty’s Government are liable to explain to any one the origin of the British occupation, the existence of which and its formal adoption by the Queen were duly notified by the issue of the Letters Patent of 1867, yet in order to close this part of the question in a friendly manner, and to show that Mr. Luderitz is entirely mistaken as to the facts, Lord Derby desires me to enclose, for communication to the German Government, a copy of a proclamation,* dated the 6th of May 1866, made by Captain Forsyth, of H.M.S. “ Valorous,” taking, in the name of Her Majesty, posses- sion of the islands and the harbour of Angra Pequena, and proclaiming Her Majesty’s sovereignty therein; also a copy of a proclamation by the Governor of the Cape, Sir Philip Wodehouse, dated the 16th day of July 1866, purporting to annex the said islands (but not the harbour) to the Colony of the Cape of Good Hope. I am also to enclose, for convenience of reference, a copy of the Letters Patent of 1867, and of the subsequent Act of the Cape Parliameut, and of the leases now held by Messrs. de Pass and Spence. 7. It will be seen that the harbour of Angra Pequena, which had been taken posses- sion of in the name of the King in 1796 by Captain Alexander, of His Majesty’s ship “Star,” was thus again formally taken possession of by Captain Forsyth, and it was only necessary for Her Majesty to have adopted and ratified his act at any time before the hoisting of the German flag in order to have completed Her title to the sovereignty over. that bay. As regards the shore of this bay and the mainland generally, when it was ‘known that the German Government would take Mr. Luderitz and his establishments under their protection, all claim to British sovereignty on the mainland has been with- drawn without reserve. 8. The case is, however, different with respect to the islands, which it may be here stated, owe their present value entirely to the exertions and expenditure of capital by British subjects during the past thirty years. They had been for some years in the occupation of British subjects before Captain Forsyth, acting under the orders of Her Majesty’s Government, took formal possession on behalf of the Queen, and the Queen’s sovereignty was extended to the islands in order to secure to these persons the fruits ot their enterprise, who received a Crown lease of them at a substantial rent, and partly in consideration of the surrender to the Crown of valuable lands at Cape Town, and it should be intimated to the German Government that Her Majesty still regards them as in every sense part of Her dominions, and that after this explanation it is preferable that the inquiries of the Commission should be confined to the questions of private rights on the mainland. 9. Lord Derby had also intended to propose that all matters on the mainland should remain in séatw quo until after the Commission had held its inquiry, and his Lordship learns with satisfaction from your letter of the 25th instant,+ that the German Govern- ment had already informed Mr. Luderitz that that course must be followed. It seems however, still desirable to maintain the British sovereignty in the manner indicated in the earlier portion of this letter. * Enclosure (D) in No. 18, page 21. T No. 69. 63 10. Lord Derby hopes before long to be in a position to propose to Earl Granville the name of a gentleman to serve as British Commissioner, and he agrees to Cape Town as the place of meeting ; but it will doubtless be necessary that the Commissioners should proceed to the localities in question before concluding their labours. , Tam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 73. The Ricut Hon. Sm HERCULES ROBINSON, G.C.M.G., to the Ricur Hon. THE EARL OF DERBY, K.G. (Received October 29, 1884.) Government House, Cape Town, My Lorp, October 8, 1884. I nave the honour to enclose for your information a copy of a minute which I have received from Ministers, requesting that the unlawful proceedings of Mr. Luderitz, who has called upon Captain Spence to vacate certain British islands leased to him, may be brought to the notice of Her Majesty’s Government. The islands in question were annexed to Her Majesty’s dominions by Captain Forsyth, of H.M.S. “ Valorous,” on the 5th May 1866, and were annexed to the Cape Colony by Proclamation, No. 45 of 1874, in virtue of Letters Patent, bearing date the 27th February 1867. They have been leased by the Cape Colony to Captain Spence, who has a number of men stationed on them engaged in the collection of guano. I have, &c. (Signed) HERCULES ROBINSON, The Right Hon. the Earl of Derby, K.G. High Commissioner. &e. &e. &c. Enclosure in No. 73. Ministers to Governor AND HicH ComMISSsIONER. Minute. Colonial Secretary’s Office, Cape Town, October 4, 1884. Wirn reference to the recent acquisition of territory upon the West Coast of Africa by the German Government, Ministers have the honour to transmit, for the information of his Excellency the Governor and High Commissioner, a copy of a letter, dated the 1st instant, from Captain Spence, covering a communication which he has received from Mr. F. A. E. Luderitz, calling upon him to vacate certain islands on the coast between the Orange River and the 26th degree, south latitude, which, Mr. Luderitz states, have come into his possession. | Ministers beg to request that his Excellency wili bring the unlawful proceedings of Mr. Luderitz to the immediate notice of He: Majesty’s Imperial Government, with a view to the prevention of encroachments upon British territory formally annexed to this Colony. : (Signed) Tuomas Uprneton. Captain J. Spence to ATtorNEY GENERAL, Sip Cape Town, October 1, 1884. ” [wave the honour to transmit, for the information of his Excellency the Governor, original of a letter* just received from Mr. F. A. E. Luderitz, dated Fort Vogelsong, Angra Pequifia, the 7th August last, informing me that the German Imperial flag has been hoisted by H.I.M.’s ship “ Elizabeth’ at the writer’s ‘“ place, through which act all the islands on the coast of West Africa, from the Orange River up to the 26th degree South Latitude, have come into Mr. Luderitz’s possession. * Enclosure 2 in No. 70. H 4 64 And I am required to remove my servants on these islands within two months. I understand thereby that I am to be deemed dispossessed by Mr. Luderitz of “Tehaboe” and the other guano islands, proclaimed British territory and leased to me by his Excellency Sir P. E. Wodehouse, K.C.B., on behalf of Her Majesty’s Govern- ment. Oe I trust Mr. Luderitz’s claim is not admitted by Her Majesty’s Government, on whom I confidently rely for the protection of my just rights as lessee of these islands, which have since been formally annexed to this colony. J have, &c. The Hon. Thos. Upington, Esq., (Signed) J. SPENCE, Attorney General, Cape Town. No. 74. FOREIGN OFFICE to COLONIAL OFFICE. Srr, Foreign Office, October 30, 1884. I am directed by Earl Granville to acknowledge the receipt of your letter of the 24th instant,* enclosing copy of a letter from Mr. De Pass making certain inquiries relative to the proposed International Commission to adjudicate upon the claims of British subjects at Angra Pequena; and in reply I am to suggest for the consideratiou of Her Majesty’s Secretary of State for the Colonies, and with reference to my letter of the 27th instant,t that- Mr. De Pass be answered that he will receive the earliest information on the points mentioned in his letter, but that the arrangements are not concluded. It might be added that the procedure to be adopted in the inquiry will be settled on the spot by the Commissioners, and that he will no doubt receive reasonable notice of their sittings and of the formalities which they may prescribe. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. No. 75. COLONIAL OFFICE to DANIEL DE PASS, Esa. Sir, Downing Street, October 30, 1884. Wiru reference to previous correspondence relating to your claims in connexion with the Angra Pequena coast, I am directed by the Earl of Derby to inform you that Her Majesty’s Ambassador at Berlin has reported that he has been informed by the German Acting Minister for Foreign Affairs, that Mr. Luderitz had been told that he was not to interfere with the rights of persons established at Angra Pequena or the neighbourhood, and that all questions as to such rights which might be in dispute must be referred for settlement to the Commissioners to be appointed for England and Germany. Tam, &c. D. De Pass, Esq. (Signed) ROBERT G. W. HERBERT. No. 76. COLONIAL OFFICE to FOREIGN OFFICE. Sir, ; Downing Street, November 1, 1884. Wirn reference to previous correspondence relating to the proposed Anglo- German Commission for the settlement of the Angra Pequéna claims, I am directed by the Earl of Derby to acquaint you, for the information of Earl Granville, that Her Majesty’s High Commissioner in South Africa, on the advice of the Cape Ministry has recommended for the appointment of British Commissioner Mr. Sidney Godolphin Shippard, M.A., B.C.L., formerly Attorney-General of Griqualand West, and now * No. 68, * No. 70. 65 Puisne Judge in the Cape Colony, and Lord Derby proposes, if Lord Granville concurs, to approve the selection of Mr. Shippard, and I am to ask that his Lordship maybe favoured with an early answer. Iam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 77. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, November 3, 1884. Wirn reference to previous correspondence relating to Angra Pequena, I am directed by the Earl of Derby to transmit to you, for Earl Granville’s information, a copy of a Despatch* from the Governor of the Cape, calling attention to the proceedings of Mr. Luderitz and of the reply thereto.+ Tan, &e. The Under-Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 78. COLONIAL OFFICE to DANIEL DE PASS, Esa. Sir, Downing Street, November 3, 1884. I am directed by the Earl of Derby to inform you that he has been in commu- nication with the Secretary of State for Foreign Affairs in reference to your letter of the 20th ultimo,t making inquiries respecting the proposed International Commission for adjudicating upon the claims of British subjects at Angra Pequena. 2. His Lordship now desires me to acquaint you that you will receive the earliest information on the points adverted to in your letter, but that the arrangements are not yet concluded. I am to add that the procedure to be adopted in the inquiry will be settled on the spot by the Commissioners, and that you will doubtless receive reasonable notice of their sittings and of the formalities which they may prescribe. I am, &c. D. De Pass, Esq. (Signed ) JOHN BRAMSTON. No. 79. The Ricut Hon. tuz EARL OF DERBY, K.G., to the Ricur How. Sm 22! HERCULES ROBINSON, G.C.M.G. Downing Street, November 3, 1884. I wave the honour to acknowledge the receipt of your Despatch of the 8th ultimo,§ transmitting a minute by your Ministers m which the attention of Her Majesty’s Government is called to certain proceedings of Mr. Luderitz in the neigh- bourhood of Angra Pequena. ; Her Majesty’s Government had already made representations to the German Government on the subject of Mr. Luderitz’s proceedings. Sir, I have, &c. Sir Hercules Robinson. (Signed) DERBY. * No. 73. + No. 79. t No. 64. § No. 73. un 16283. I 66 No. 80. The Rignt Hon. Sr HERCULES ROBINSON, G.C.M.G., to the Ricur Hon. tHE EARL OF DERBY, K.G. (Received November 5, 1884.) Government House, Cape Town, My Lorn, October 15, 1884. I nave the honour to enclose for your information a copy of a letter which I have received from the Rear-Admiral Commanding-in-Chief covering an extract from a letter from Commander Parr reporting his proceedings at Angra Pequena. _ Thave, &c. (Signed) HERCULES ROBINSON, The Right Hon. the Earl of Derby, K.G., High Commissioner. &c. &e. &e. Enclosure in No. 80. ‘Rear-Admiral SAtmMon to Governor anp High Commissioner. “ Boadicea,” at Simon’s Bay, Sir, oe October 9, 1884. I nave the honour to enclose for your Excellency’s information an extract from a letter from Commander Parr, of H.M.S. “ Frolic,’ dated St. Helena, 18th September, reporting his proceedings at Angra Pequena. I have, &c. (Signed) Nowe. Satmon, His Excellency Rear-Adwiral and Commander-in-Chief. The Right Hon. Sir Hercules Robinson, P.C., G.C.M.G., Governor and High Commissioner, Cape Town. Extract from Lerrer of Procrepines from H.M.S. “ Frolic,” dated at St. Helena, the 18th September, 1884. “ T arrived at Angra Pequena at noon on the 8th instant in Robert Harbour. «While approaching the anchorage the red ensign was hoisted at Penguin Island. “Mr. Luderitz, who has only been at Angra Pequena a few weeks, and is not likely to come out again, was in Europe, but Mr. Vogelsang, who manages the affairs of the house in this part of the world, came to see me. “T informed him that, notwithstanding the action of the German man-of-war, the Cape Government had in no way waived their claim to the Islands lying between the Orange River and 26° S., and that the matter had been referred to England to be ° settled. “He told me that he knew the Islands had been annexed by the Cape Government but supposed that when the German flag was hoisted on the mainland it naturally included the Islands within three miles. However, he had in no way interfered with them, and did not intend doing so till the matter was finally settled. “Mr. Vogelsang also informed me that the German flag had been hoisted all along the coast as far north as Cape Frio, only omitting the settlement at Walfisch Bay. “On Penguin Island I saw the leading man in charge of all the Islands, and he told me he had just loaded a barque at Halifax Island, and that there had not been, and did not seem likely to be, any difficulty with the Germans. b “He also informed me that the yield of guano from Seal and Penguin Islands was now very small, as the birds seemed to have deserted them, and were not likely to return. The other Islands, however, are still productive. “T also visited Mr. Radford’s establishment at the Lagoon. The proprietor was up country, but the man in charge told me they were on capital terms with the Germans and had no disputes of any kind. : 67 “With regard to the levying duties, Mr. Vogelsang told me that he was daily expecting the ‘“ Moéwe,” with Dr. Nachtigal on board, who might bring him some instructions on the subject. But at present he had not received a penny, and had no intention of taking steps in the matter without being duly authorised. “As the German establishment was short of water, I gave them a supply which would be sufficient to last till their own schooner arrived. . “ Mr. Vogelsang intends paying a visit to Germany very shortly, “I left Angra Pequena at daylight on the 9th instant.” (Signed) A. A. C. Parr, ocean Commander, R.N. No. 81. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, November 5, 1884. Wiru reference to your letter of the 3rd instant,* I am directed by Earl Granville to transmit to you, for the information of the Earl of Derby, and for such observations as his Lordship may have to offer thereupon, the accompanying translation of a Note from the German Ambassador at this Court, enclosing certified copies of certain docu- ments relative to the claims of Herr Luderitz on the South-West Coast of Africa, A translation of the documents in question is also annexed. Iam, &c. The Under Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office, Enclosures in No. 81. German Embassy, My Lorp, London, October 29, 1884. Wiru reference to the Notes from this Embassy of the 8th and 15th instant, respecting the Angra Pequena affair, I have the honour, in pursuance of instructions which I have received, most respectfully to transmit to your Lordship certified copies of the documents} in virtue whereof Herr Luderitz disputes the English private claims which compete with his rights in South-West Africa. With, &c. The Earl Granville, K.G., (Signed) Minster. &e. &e, Deed of sale between Captain Joseph Frederics of Bethanie, Great Namaqualand, and F. A. E. Luderitz, of Bremen, in Germany.{ I, Josef Fredericks, Captain, of Bethanie, in Great Namaqualand, rightful successor of the late Captain David Christian, hereby declare, in concert with my council, as follows :— ; oe 1. The grant (not sale) by Captain David Christian under date of 21 September 1863, to Captain B. Sinclair on behalf of his principal, Messrs. De Pass, Spence & Co., merchants at Capetown, comprises the coast land as far as 15° 50’ longitude E. inland, from the northern head of Baker’s Cove to the southern corner of Angra Pequena, so that both bays are excluded from this grant. | 2. Under the expression Angra Pequena Bay we understand: here on land the whole water that, according to the marine chart laid before us (viz., “‘ Coast of Africa included “ between Cape Frio and the Cape of Good Hope,” London, published by James Imray & Son, 89 and 102, Minories, 1880), extends between Diaz Point and North- East, and which embraces Shearwater Bay, Robert Harbour, Angra Bay, Careening Creek, &c. to about 53 nautical miles-to the south of the southern point of Shark Island. 3. I hereby again expressly declare that the aforesaid tract of land and my right thereover was never sold to Messrs. De Pass, Spence & Co., but that they acquired only the concession (verguming) thereof. Nor have they ever paid anything for it; since the * . Dor he Proclamation by David Christian, dated 9 December 1864, see page 26 of [C. 4190}, August 1884, } See page 32 of [C. 4190], August 1884, 7 68 6U/. which they have up to now paid, are by the contract concluded with them, of 9 December 1864, were (sic) to be paid for the copper ore from the mountain Tl Naob or Rapoenberg (?), and these 60/. have therefore nothing to do with the concession specified in § 1. j Whereas Herr F. A. E. Luderitz, of Bremen, in Germany, in virtue of contracts of sale of May 1, 1883, and August 25, 1883, has purchased from me the whole coast from 26° S. latitude to the Great (Orange) River, including all the havens and bays, as well as the land extending inward from each point of the coast for 20 geographical miles, and is thereby become from this time the sole and rightful owner thereof, the ahove- mentioned grant to Messrs. De Pass, Spence & Co. ceases herewith of itself. 5. As respects the shipment of copper ore from the mountain Il Naob or Rapoenherg at. Angra Pequena, or Pomona, this concession remains valid till the 9th December 1904, as laid down in the contract between Captain David Christian and Messrs. De Pass, Spence & Co., under date 9 December 1864.—Bethanie, November 24, 1883. Signed Xx Josepu Frepericks, Captain. 8 x Apam Lampert, Sub-Captain. is x Revsen Fruvericxs, Regter (Magistrate). a x Lucas ZwarTBoo!, - a5 < Lazarus Bantam, “3 5 x Davin FReDERIcKs, * iy x Kuass Savt, ss - J. Curistian Gowiatu, Secretary. 3 Dante Frevericks, Regter. The accuracy of the contents and of the signatures is hereby attested by (Signed) J. H. Bam, (L.s.) Rh(enish) Missionary. I, Joseph Fredriks, rightful successor of David Christian Fredericks, and rightful owner of Bethanie, hereby declare, in concert with my council, as follows :— 1. The original inhabitants of Bethanie were the “ Gei-Khan” or ‘“ Red Folk.” 2. About 100 years ago a certain man named Kobus Fredriks came from the Colony, which was then Dutch, to these districts. This Kobus Fredriks had become a great person under the Dutch Boers. Then he had acquired a knowledge of work, not only of agriculture but especially also of smiths’ work. When he came here he was an object of general wonder. The aborigines had never before seen a man dressed in clothes. Their astonishment reached its climax when they saw the knives and axes that he made. At first he lived at Kuru-tabes, but subsequently moved to Bethanie, where he began to till the soil. 3. The whole territory bounded on the north by the Tsontab and Useb River, on the south by the Great River, on the north-east by the Gawa-Gam River, on the south-east by the Fish River, and on the west by Knibes, was assigned by the then captain of the “ Red folk,” Tsdomab, for his residence and that of his successors. For this territory Kobus Fredriks gave knives, axes, harpoons, iron rings, &c. 4, The territory thus purchased from Isaomab, Kobus Fredricks increased by adding the whole coast land between Knibes and the sea, and enriched the same by making friendship with the Bushmen, who, as the sole owners of these sandy tracts, as yet swarmed in great numbers in the arid country. In this wise is old Kobus Fredricks, the sire of the present Amas (Amas is understood to mean all descendants of old Kobus Fredriks), become rightful owners of the whole country, so that it is now ruled by the present Captain Joseph Fredericks. 5. By the Captain of the “‘ Red Folk,” Cornelius Oaseb, the land old Kobus Fredriks bought (see above) from Captain Isaomab, was in the assembly of the Chiefs at Hoaxas ie the i 1856 expressly declared to be the property of David Christian Fredriks and is people. By Cornelius Oaseb also were the boundaries of David Christian’s land fixed, and thus, to wit, on the north the Tsontab and Useb River, on the south the Great River, on the north-east the Gawar-Gam River, on the south-east the Fish River, on the west the sea (Atlantic Ocean). The present Amas of Fredriks are thus the rightful and sole owners of the territory named. 69 -6. William Christian, Captain of Warmbad, has no right of any kind, however called, over the territory of Joseph. Fredriks. 4 7 . Bethanie, December 31, 1883. (Signed) x JoserH Frepnicks, Captain. 45 x Kaas Saut, Regter (Magistrate). 33 x Lazarus Bantam. 5 Davip Freprixs, Regter (Magistrate). ‘5 Danie. Frepriks. PP T. Curistian Goxratu, Secretary. In attestation of the signatures, (Signed) J. H. Bam, Rhfenish] Missionary. Rep. No. ‘1122. I, William Edward Leonhard Koels, hereby certify, after careful previous comparison, word with word, and figure with figure, that the four preceding transcripts entirely agree with the original documents which have been submitted to me. No. 82. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, November 10, 1884. I am directed by Earl Granville to acknowledge the receipt of your letter of the 1st instant* stating that Her Majesty’s High Commissioner in South Africa, cn the advice of the Cape Ministry, has recommended the appointment of Mr. Sydney Godolphin Shippard as British representative on the proposed Anglo-German Com- mission for the settlement of the Angra Pequena claims; and I am to acquaint you, for the information of Her Majesty’s Secretary of State for the Colonies, that Lord Granville concurs in the proposed approval of the appointment in question. I am, &ec. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. No. 83. The Ricut Hon. tue EARL OF DERBY, K.G., to the Ricut Hon. Stn HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, November 12, 1884. I rraNnsmit to you for your information and that of your Ministers copies of correspondencet between the Foreign Office and this Department, relative to certain documents put forward by Herr Luderitz in support of his private claims on the main- land of the South-Western Coast of Africa. I have communicated the documents in question to Mr. De Pass. I have, &c. Sir Hercules Robinson. (Signed) DERBY. No. 84. COLONIAL OFFICE to DANIEL DE PASS, Esa. Downing Street, November 12, 1884. Wiru reference to previous correspondence on the subject of the claims of Herr Liideritz on the South-West Coast of Africa, I am directed by the Earl of Derby to transmit to you copies of certain documentst communicated to Her Majesty’s Govern- ment by the German Ambassador. Sir, * No. 76. T No. 81. { Sub-enclosures in No. 81. a3 70 Lord Derby has stated to Earl Granville that as these documents deal only with the private ownership of the soil on the mainland, it does not appear necessary that Her Majesty’s Government should express any opinion as to their validity or effect, which will be considered by the Joint Commission when Herr Inderitz produces them before it. T am, &ce. Daniel De Pass, Esq. (Signed ) JOHN BRAMSTON. No. 85. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, November 13, 1884. I am directed by Earl Granville to transmit to you herewith, to be laid before the Earl of Derby, a printed copy of a Memorandum respecting the Crown title to the islands near Angra Pequena, which was delivered by Lord Granville to the German Ambassador at this Court on the 11th instant, Iam, &c. The Under Secretary of State, (Signed) J. PAUNCEFOTE. Colonial Office. Enclosure in No. 85. MeEmorANDUM. On the 8th October Baron von Plessen addressed a note to Karl Granville, by direction of his Government, conveying their acceptance of the proposals of Her Majesty’s Government that a Mixed Commission should be appointed to inquire into and secure the rights of British subjects in the territories on the south-west coast of Africa, recently placed under the Protectorate of Germany, and containing explana- tions as to the character and exteut of that Protectorate. On the same day (the 8th October) Her Majesty’s Chargé d’ Affaires at Berlin was instructed to make representations to the German Government respecting the claim which, according to a telegram received from the Governor of the Cape Colony, had been preferred by Herr Luderitz to certain islands on the south-west coast, which are British territory, and form part of the Cape Colony. Mr. Scott reported on the 9th that, in reply to his representations, the Acting Minister for Foreign Affairs had at once admitted that these islands were those claimed by the Government of the Cape Colony to which the German Protectorate would not extend, and that Herr Luderitz had probably acted without full knowledge of the latest views and intentions of the Imperial Government in regard to the recently established Protectorate. On the 15th October Baron von Plessen communicated to Lord Granville a copy of a Despatch addressed to him by his Government on the 13th October on the subject of the Mixed Commission, to which was appended a copy of a letter addressed by Herr Tuderitz to the Governor of the Cape on the 30th September last. On the 21st October his Excellency the German Ambassador, who had then returned to London, was informed that the above communication had been referred to the Secretary of State for the Colonies and that a further communication would be addressed to his Excellency on the subject. The following observations are now submitted to the consideration of the German Government. In Baron von Plessen’s note of the 8th October, as well as in his communications of the 15th, it appears to be the desire of the German Government that the title of the islands claimed as British territory should be referred to the Mixed Commission for inquiry. Her Majesty’s Government do not feel justified in acceding to that proposal, for they cannot admit that the title of the British Crown to the islands in question which were in British occupation as part of the British dominions long before the establish- ment of the German Protectorate over the adjoining mainland, can be affected by such Protectorate. : It appears that the British title to the islands in question is disputed by the German Government on the faith of the following passage in M. Luderitz’s | September, addressed to Sir Hercules Robineen = entrant eto 7h “As your Excellency is aware, I have by purchase acquired the said territory with all its privileges from the legitimative [sic] owners, the duly recognised native Chiefs. “The contracts of sale and receipts given by the vendors state that the object of sale comprises the entire coast from the Orange River northward, including all ports and bays as weil as 20 geographical miles inland, and these documents have been deposited with the Foreign Office at Berlin. “In consideration of the fact that according to international law all islands, rocks, reefs, &c., situated within the reach of a canon-shot from the coast. belong to the latter, I have naturally taken it for granted that all islands, rocks, reefs so situated near the territory acquired by me also became my property, and therefore did not deem it neces- sary specially to enumerate the same in the deed of sale. “To my great surprise I have now been informed by the Foreign Office at Berlin that your Excellency, on behalf of the Colony of the Cape of Good Hope, claims a right of property to these islands, alleging that they have some years ago already been annexed ‘by a British ship-master on behalf of the said Colony. According to the records this annexation has never been proclaimed, and the British Government in the year 1880 declared that the Cape Colony was bounded on the north by the Orange River, thus depriving them of the right of property to the territory situated between the latter boundary and the Portuguese Settlement, Walwich Bay excepted.” It is clear from the above extract that M. Luderitz is dealing with the question of private property, and not with that of public sovereignty; and that he is under the mistaken impression that the 3-mile doctrine is applicable to questions of private ownership as well as to questions of sovereign territorial jurisdiction ; that is to say, M. Luderitz contends that the sale of the private ownership of a strip of land along the coast would carry with it the cession in private ownership of everything within 3 miles of that coast. As to the sovereignty, however, it is possible that the German Government may have been misled by M. Luderitz’s letter into a supposition that the Cape title to the islands rests only upon the acts of the authorities of that Colony, and it is advisable at once to correct such a misapprehension. It should be explained accordingly that no British Colony possesses any power of adding territory to the Queen’s dominions. Acts of Annexation require the previous authority or the subsequent ratification of the Queen, and a further Act by the Queen is necessary before such territory can become incorporated in any Colony. Herr Luderitz has, no doubt, not understood that the Cape Colony does not claim these islands as annexed by it on its own behalf. It has, however, been fully explained in the Memorandum already communicated to the German Government that the islands now in question belong to Her Majesty, and that after they had been duly taken possession of for Her Majesty, and had become part of Her dominions, it pleased the Queen to place them under the control of the Cape Government, by formally authorising their annexation to that Colony. A copy is annexed of the Letters Patent of February 1867, which were published in the Cape Government “Gazette” of the 26th April 1867. They are a solemn Act by Her Majesty and her Privy Council, authenticated under the Great Seal of the United Kingdom, whereby, after declaring that these islands had at an early date been taken possession of upon her behalf, the Queen proceeds to authorise the measures usual for incorporating outlying territories in a neighbouring Colony. For the fuller information of the German Government, copies are annexed of the ollowing papers, viz. :— ; A i Bevelamattons dated the 6th May 1866, made by Captain Forsyth, of Her Majesty’s ship “ Valorous,” taking possession, in the name of Her Majesty, of the islands and the harbour of Angra Pequena, and proclaiming Her Majesty’s sovereignty in.* ie Proclamation by the Government of the Cape, dated the 16th July 1866, pur- porting to annex the said islands (but not the harbour) to the Colony of the Cape of ee “of the Letters Patent of 1867, above referred to, appointing the Governor of the Colony of the Cape of Good Hope to be Governor of the Islands of Ichaboe and the Penguin Islands, and authorising the annexation of the aforesaid islands to that ye “Ruhneaneht Act of the Cape Parliament,f entitled “The Ichaboe and Penguin lands Acts, 1874.” fei : 5 The lease of the islands now held by Messrs. de Pass and Spence.{ * D. in No. 18, page 21. . : onic t Gaia af the Acts of the Cae of Good Hope are deposited in the Libraries of both Houses of Parliament, { Enclosure B. in No. 18, page 18. 14 72 Before proceeding further with the appointment of the Mixed Commission, Her Majesty’s Government desire that no misunderstanding should arise as to the scope of its functions, and they can hardly entertain any doubt that the German Government, after an examination of the documents transmitted herewith, will entirely concur in their view, that those functions should be restricted as originally proposed to an inquiry into the private rights of British subjects within the limits of the German Protectorate, and should not be extended to an inquiry into the title of the British Crown to the islands in question. Foreign Office, November 1, 1884. PRocLAMATION. By his Excellency Sir Pxitte Epmonp Wopeuovusz, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of Her Majesty’s Colony of the Cape of Good Hope, in South Africa, and of the Territories and Dependencies thereof, and Vice-Admiral of the same, and Her Majesty’s High Commissioner, &c. Wuereas, the Island of Ichaboe was on the 21st day of June 1861, taken possession of for and in the name of Her Britannic Majesty Queen Victoria, and declared a dependency of the Cape of Good Hope: And whereas, by a Proclamation bearing date the 12th day of August in the same year, it was proclaimed and declared that the sovereignty of Her said Majesty should be, and the same was, thereby declared over certain islands, islets, or rocks on the coast of Africa, adjacent to the said Island of Ichaboe— that is to say, Hollams Bird, Mercury, Long Island, Seal Island, Penguin Island, Halifax, Possession, Albatross Rock, Pomona, Plum Pudding, and Roast Beef, or Sinclair’s Islands, and that such Proclamation should be subject to Her Majesty’s gracious confirmation or disallowance: And whereas, Her Majesty was pleased, on such last- mentioned Proclamation being brought to Her knowledge, to disallow the same: And whereas, by a Proclamation bearing date the 9th day of May 1864 such disallowance was publicly notified, and it was thereby declared that the said several islands, islets, or rocks in the said Proclamations of the 12th day of August 1861, and the 9th day of May 1864 respectively, should not be viewed as British territory : And whereas it has, since the date of the Proclamation lastly herein-before recited, seemed good to Her said Majesty that the same islands, islets, or rocks should be taken possession of for and on behalf of Her Majesty: And whereas, it has also seemed and does seem to Her Majesty that it is expedient, and that it is for the interest as well of Her Majesty’s dominions and subjects, especially of Her said Colony of the Cape of Good Hope and the inhabitants thereof, that the same islands, islets, or rocks, and the said Island of Ichaboe, should be annexed to and become and form part of the Colony of the Cape of Good Hope: And whereas, pursuant to orders in that behalf received, Charles Codrington Forsyth, Esq., captain of Her Majesty’s steam frigate ‘ Valorous,” did on the 5th day of May last past proceed to Penguin Island aforesaid, being one of the said islands, islets, or rocks and did there, by Proclamation bearing date the 5th day of May, take possession of the same in the name of all the said islands, islet, or rocks herein-before, and in the said Proclamations of the 12th day of August 1861, and the 9th day of May 1864 respectively mention, for and on behalf of Her Majesty, and did thereby declare the sovereignty and dominion of Her Majesty over all the same islands, islets, or rocks: Now, therefore, I do hereby proclaim and make known that the said Island ‘of Ichaboe and the said islands, islets, or rocks adjacent thereto, that is to say, Hollams Bird Mercury, Long Island, Seal Island, Penguin Island, Halifax, Possession, Albatross Rock, snes ee and oe Beef or Sinclair’s Islands, shall be from the day of e date hereof, and the same are hereby annexed to, and form i of the Cape of Good Hope. z ae en God save the Queen ! Given under the public seal of the Settlement of th i day of July 1866 Pp e Cape of Good Hope, this 16th (Signed) P. E. Wovenousg, By command of his Excellency the Governor. Governor » Colonial Secretary. s 73 CAPE OF GOOD HOPE. (Istanps or IcuaBoe anp Penguin IsLanDs.) Drarr ‘or Lerrers-Parenr passed under the Great Seal appointing the Governor of the Colony of the Cape of Good Hope to be Governor of the Islands of Ichaboe and a Penguin Islands, and authorising the annexation of the aforesaid islands to that olony. Letters Patent, dated 27th February 1867. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to all to whom these presents shall come, greeting: Whereas the Island of Ichaboe, on the south-west coast of South Africa, was on the twenty-first day of June 1861, duly taken possession of for us, and on our behalf ; And whereas, on the 5th day of May 1866, certain other islands, islets, and rocks on the said south-west coast of South Africa, that is to say, Hollamsbird, Mercury, Long Island, Seal Island, Penguin Island, Halifax, Possession, Albatross Rock, Pomona, Plum- pudding and Roastbeef or Sinclair’s Island, which said islands, islets, and rocks are herein-after called the Penguin Islands, were also duly taken possession of for us and on our behalf ; And whereas by a proclamation, dated the sixteenth day of July, 1866, by his Excellency Sir Philip Edmond Wodehouse, Governor and Commuander-in-Chief of our Colony of the Cape of Good Hope, and of the territories and dependencies thereof, and Vice-Admiral of the same, the said Island of Ichaboe and the said Penguin Islands were declared to be annexed to, and to form part of, the said Colony of the Cape of Good Hope ; . ad whereas doubts are entertained touching the legality of the said annexation of the said Island of Ichaboe and the said Penguin Islands by proclamation, and it is expedient that such doubts should be removed ; And whereas it is further expedient that the said Island of Ichaboe, and the said Penquin Islands, should be annexed to, and form part of, the said Colony of the Cape of Good Hope, if the Legislative Council and House of Assembly thereof should desire such annexation ; And whereas it is expedient that until such annexation the affairs of the said Island of Ichaboe, and of the said Penguin Islands, should be administered by a Governor, to be for that purpose appointed by us ; Now know ye, that in consideration of the premises, we, of our special grace, mere motion, and certain knowledge, have thought fit to constitute and appoint, and by these presents do constitute and appoint, the Governor and Commander-in-Chief for the time being of our said Colony of the Cape of Good Hope, to be the Governor of the said Island of Ichaboe and Penguin Islands, and we do hereby vest in him all the powers and authorities which by these presents are given and granted to the Governor for the time being of the said Island of Ichaboe and Penguin Islands. And we do hereby further declare our pleasure to be, that, in the event of the death or incapacity of the said Governor and Commander-in-Chief for the said Colony of the Cape of Gocd Hope, or in the event of his absenting himself from the said Colony other- wise than for the purpose of visiting the said Island of Ichaboe or the said Penguin Islands, then and in either of these cases the officer for the time being who may be administering the Government of the said Colony of the Cape of Good Hope shall be and he is hereby constituted and appointed Governor for the time being of the said Island of Ichaboe and Penguin Islands. And we do hereby further authorise and empower the said Governor of the said Island of Ichaboe and Penguin Islands to make all such rules and regulations as may lawfully be made by our authority, for the order, peace, and good government of the said Island of Ichaboe and Penguin Islands, subject, nevertheless, to any instructions which may from time to time be hereafter given him under our sign-manual and signet, or through one of our Principal Secretaries of State. And we do hereby further authorise and empower the said Governor of the said Island of Ichaboe and Penguin Islands, so long as he shall be Governor thereof, by any instru- i u 15283. K Recital of possession taken of Ichaboe on 21st June 1861. Recital of Possession taken of Penguin Islands on 5th May 1866. Recital of Proclamation of Annexa- tion on 16th July 1866. Appointment of the Gev- ernor of the Cape of Good Hope, to be Gover- nor of the islands an- nexed. Temporary administra- tion during the Gover- nor’s absence. Power to make rules, &c. Power to make leases and grant licences. 74 Guano licences. Power to revoke or confirm existing leases. Power to Governor to surrender Islands to Colony of Cape of Good Hope. Proclamation of the sur- render of the islands. Her Majesty empowered to revoke, alter, or amend the Letters Patent. ment under his hand and seal, to make leases and other dispositions for a term or terms of years, of any of the said Islands of Ichaboe or Penguin Islands as aforesaid, or any part or parts thereof, and to issue licenses authorising the person or persons designated therein to take guano or other fertilising substances or produce from the said Islands of Ichaboe or Penguin Islands, or any of them, and to insert in such leases, dispositions, or licenses, as the case may be, all such reservations by way of rent or royalty, or otherwise, and all such conditions, exceptions, and stipulations as may’ to him seem advisable: provided always, that in the execution of the powers hereby conferred on him, he shall conform to such instructions as he may from time to time receive from us, under our sign-manual and signet, or through one of our Principal Secretaries of State. And we do hereby further authorise and empower the said Governor, as he may deem expedient, under his hand and seal, to confirm any grant, disposition, lease, or license, which may have been made or issued before the date of these presents, to any person or persons in respect of the said Island of Ichaboe or the said Penguin Islands, or any of them, or any part thereof, by any' Governor of the said Colony of the Cape of Good Hope, or to accept a surrender of any such grant, disposition, lease, or license and to make and issue any new disposition, lease, or license to the persons surrendering the same, or their nominees, under the powers and in the manner herein-before declared. And we do hereby further declare our pleasure to be that if at any time hereafter the Legislative Council and House of Assembly of the said Colony of the Cape of Good Hope shall, by resolution or otherwise, request the said Governor of the said Island of Ichaboe and Penguin Islands to transfer the same to the said Colony of the Cape of Good Hope, for the purpose of their being annexed to and forming part of the said Colony, and shall by law provide that upon such transfer and annexation aft laws which may be in force in the said Colony on the day on which the said Island of Ichaboe and Penguin Islands shall be annexed thereto, shall immediately upon such annexation take effect and be in force in and upon the said islands so annexed, then the said Governor shall, and he is hereby authorised and empowered to transfer to the said Colony the said Island of Ichaboe and the said Penguin Islands, and from and after the date of such transfer the said islands so transferred shall be deemed and taken to be and shall be annexed to and form part of the said Colony of the Cape of Good Hope. And we further declare our pleasure to be tnat the said Governor of the said Island of Ichaboe and Penguin Islands shall declare by proclamation the said transfer, and from and after the date of such proclamation these presents shall cease and be of none effect so far as relates to the appointment of a Governor of the said Islands of Ichaboe and Penguin Islands and his powers thereunder, but not further or otherwise, and not so as to effect any instruments, acts, matters, or things made or done by him while such Governor as aforesaid, in pursuance of the powers hereby conferred on him. And we do hereby reserve to us, our heirs, and successors, full power and authority from time to time to revoke, alter, or amend these our letters-patent, as to us or them shall seem meet. In witness, &c. Witness, &c. (Signed) C. ROMILLY. Westminster, 27th February 1867. No. 86. DANIEL DE PASS, Esq., to COLONIAL OFFICE. 128, Leadenhall Street, London., My Lord, _ November 14, 1884. I have the honour to acknowledge the receipt of your letter of 12th instant* which brings me copies of some documents relating to the claims set up by Herr Liideritz, and I take note that these documents are to be brought forward at the Joint Commission. For the information of your Lordship I have to state that our original documents from being translated first from English into German and then back into English have not been correctly produced, and one very important fact is apparent. * No. 84 ANGRA PEQUENA. Lat. 26° 38° ‘South. Long. 15° 2° East. ih sgh) ge HN 3,5EA MILES. f a Way ana ah a Tad Han wine tthe ALA h Harti uM Nii i HCCC Heat Aa NAT GATE os elect ati f Pan GerFieco. uit. 22 Renroao ST Coveut (rn. 11/84. 8904, 75 The first grant to us, being absolute, has not been produced by Herr Luderitz. In the presumed deed of sale, Article No. 1, made by the Chief Josef Fredericks to Herr Litderitz, he describes the extent of our grant as from the 15° 50’ longitude E. inland, from the northern head of Baker’s Cove to the southern corner of Angra Pequena, so that both bays are excluded from this grant. As Baker’s Cove is in latitude 27° 50’ S., and longitude 15° 35’ E., and’ our grant, says from Baker’s Cove to Angra Pequena, and nothing is mentioned of southern corner, we are entitled to the whole of Angra Pequena. I further notice that in Article No. 2, describing Angra Pequena Bay, it is taken to be between Diaz Point and North-East, this must be North-East Point. Whatever may be the rights of Josef Fredericks in Article No. 4, he only sells havens and bays to Herr Liideritz, no mention is made of islands. I have, &c. To the Earl of Derby, (Signed) DANIEL DE PASS. Secretary of State for the Colonies. No. 87. COLONIAL OFFICE to FOREIGN OFFICE. SIR, Downing Street, November 17, 1884. I am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a small map of Angra Pequena recently left here by Mr. De Pass. It is apparently published at the Cape, and shows in a convenient form the configuration of the bay and the position of some of the islands mentioned in previous correspondence. Iam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. CAPE COLONY. FURTHER CORRESPONDENCE RESPECTING THE CLAIMS OF BRITISH SUBJECTS IN THE GERMAN PROTECTORATE ON THE SOUTH-WEST COAST OF AFRICA. (In continuation of C.—4262 and 4265 of December 1884.) A Map will be found at page 61. Presented to both Mouses of Parliament by Command of Wer Majesty. August 1887. LONDON: PRINTED FOR HER MAJESTY’S STATIONERY OFFICE, BY EYRE AND SPOTTISWOODE, PRINTERS TO THE QUEEN’S MOST EXCELLENT MAJESTY. And to be purchased, either directly or through any Bookseller, from EYRE anp SPOTTISWOODE, East Harvie Srreet, Freer Srrzet, E.C., and 32, Apinepon Street, Westminster, §.W.; or ADAM anp CHARLES BLACK, 6, Norts Bripez, EpInBurGH ; or HODGES, FIGGIS, & Co., 104, Grarton Street. Dusrin. 1887. [C.-—5180.] Price 1s. 5d. TABLE OF CONTENTS. Serial No. From or to whom. Date. Subject. Page. 10 To Foreign Office - To Sir Hercules Robin- son. To Daniel De Pass, Esq. Foreign Office - To Foreign Office - To Sir Hercules Robin- son. Reuter’s Telegraphic Agency. To Sir Hercules Robin- son. Sir Hercules Robinson Foreign Office 5 U 50463. Wt. 11231. Dec. 27, 1884 Jan, 14, 1885 Feb. 10, 1885 ’ Feb, 13, 1885 Feb. 16, 1885 Feb. 17, 1885 Feb. 24, 1885 (Rec.Feb.25,1885.) Extract. Feb. 27, 1885 (Telegraphic.) Feb. 28, 1885 (Rec.Feb.28, 1885.) (‘Telegraphic.) Mar. 26, 1885 Stating that Mr. Shippard has accepted the office of British Commissioner, and that Lord Derby would be glad to know whether the German Government is willing that the Commissioners should at once commence their investigations into the respective claims of British and German subjects. Observing that Her Majesty’s Government cannot, for the reasons stated, entertain the question of appointing a Resident with Kamaherero, and that Mr. Palgrave’s functions must be strictly limited to inquiring into alleged German pur- chases in the neighbourhood of Walfisch Bay, and to looking after the interests of British subjects in Damaraland. Informing him that Her Majesty’s Government consider that, with regard to Shark Island, and any unnamed islets and rocks off the coast, it will be for him and his advisers to make out his title to them before the Commissioner, and re- questing to be informed whether he intends to proceed personally to the Cape. Transmitting copy of a note to the German Am- bassador relative to the scope of the proposed Anglo-German Commission. Stating that Mr. De Pass has informed Lord Derby tbat he does not now intend to appear before the Joint Commission. Conveying instructions as to the duties of the British Commissioner. Reporting that Mr. Palgrave has held a confer- ence with the principal Damaraland Chiefs, who unanimously decided to accept British rule. Stating that a press telegram reports that after conferring with Mr. Palgrave, the Damara Chiefs have unanimously decided to accept British jurisdiction, and requesting that Mr. Palgrave may be instructed to act strictly in accordance with the Secretary of State’s Despatch of 14th January. , Reporting that Mr, Palgrave has been recalled from Damaraland, and that he (the High Com- missioner) proposes, if the press report as to the negotiation with the Chiefs is true, to inform Kamaherero that Her Majesty’s Government cannot accept his offer to place himself and his people under British rule. Transmitting copy of a document communicated by Count Miinster, conveying the instructions issued to the German Commissioner, and ask- ing to be enabled to reply to a question raised by Count Miinster as to the scope of the in- quiry given to the British Commissioner in his instructions. iv Serial No. From or to whom. Date. Subject. Page. Il 12 13 14 16 17 18 19 20 Daniel De Pass, Esq. - To Foreign Office - Sir Hercules Robinson - To Sir Hercules Robin- son, To Daniel De Pass, Esq. To Sir Hercules Robin- son. Sir Hercules Robinson - Messrs. De Pass and Co. To Sir Hercuies Robin- son. Foreign Office - - To Sir Hercules Robin- son, Mar, 27, 1885 Mar. 31, 1885 Mar, 11, 1885 (Rec. April 1, 1885.) April 2, 1885 t April 4, 1885 April 8, 1885 Mar. 18, 1885 (Rec. April 9, 1885.) April 16, 1885 April 28, 1885 May 15, 1885 May 23, 1885. Transmitting an extract from a letter from his business partner at Angra Pequena respecting the damage done to the guano deposits by the traffic and settlement of German traders, and asking what course he should pursue to obtain redress. Stating, with regard to the points raised by Count Miinster in communicating the German Commissioner’s instructions, that Lord Derby has no objection to cause a copy of of those in- structions to be communicated to Mr. Shippard, and to inform him that he may regard them as applicable to himself. Transmitting copy minute from Ministers, with a copy of Mr. Palgrave’s report of proceedings in Damaraland ; also copy ofa letter to Kamaherero declining the offer of cession. Transmitting copy of a correspondence with the Foreign Office, respecting the instructions issued to the German Commissioner, and stating that Mr. Shippard is to regard these instructions, mutatis mutandis, as applicable to himself. Expressing regret at the diminution in the yield. of the guano islands, but yointing out that Mr. De Pass has been fully aware that Captain For- syth’s annexation of Angra Pequena harbour in 1866 has not been adopted by Her Majesty’s Government, and that no guarantee has been given that settlement on the mainland would be prevented. Approving the High Commissioner’s communication to the Chief Kamaherero, declining his offer of cession. eporting that the Commissioners met for the first time at Cape Town on the 16th of March, and that they propose to leave for the West Coast about the 15th April. Pointing out that the disallowance of the annexa- tion of the harbour of Angra Pequena in 1866 occurred during the period of their unexpired lease, and asking that a decision on the question may be suspended until the evidence of the Joint Commission is received. ‘Stating that the German Ambassador has suggested that Her Majesty’s Government would express to the Cape Government a hope that no endea- vour will be made to obtain influence within certain limits, and observing that such a sugges- tion is in conformity with the policy of Her Majesty’s Government, and that the Secretary of State understands the expression “ influence ”” to apply to political influence only. Transmitting copy of a note addressed to the German Ambassador, respecting the notifica- tion to Kamaherero of the agreement with Germany. Transmitting copy of a note addressed to the German Ambassador, and instructing the High Commissioner to intimate to the Chiefs living to the west of the 20th degree of east longitude, the limit that Her Majesty’s Government have agreed to as regards British jurisdiction, 12 12 13 14 15 15 Serial No. From or to whom, Date. Subject. Page. 22 23 24 25 26 27 28 29 30 31 32 33 Foreign Office - - Sir Hercules Robinson - Ditto - - To Sir Hercules Robin- son. Sir Hercules Robinson - Ditto - To Foreign Office - Sir Hercules Robinson - To Foreign Office To Sir Hercules Robin- son. Foreign Office - = The Aborigines Pro- tection Society. June 9, 1885 July 15, 1885 (Rec. Aug. 5, 1885.) Aug. 5, 1885 (Rec. Aug. 26, 1885.) Sept. 3, 1885 (Telegraphic. ) Sept. 17, 1885 - (Rec. Sept. 17, 1885.) (Telegraphic.) Sept. 16, 1885 (Rec. Oct. 7, 1885.) Oct. 10, 1885 Sept. 24, 1885 (Ree. Oct. 16, 1885.) Oct. 22, 1885 Oct. 24, 1885 Nov. 2, 1885 Jan. 5, 1886 Stating that the instructions to the High Commis- sioner, which were enclosed in Colonial Office letter of 23rd May have been communicated to the German Embassy. Transmitting copy of a letter from the British Commissioner asking for information as to the .intentions of Her Majesty’s Government regard- ing a number of claims which have been, and are likely to be, laid before the Commission, but are territorially beyond the scope of its present functions. Transmitting copies of correspondence respecting the affairs of Damaraland. Stating that the Commission should not deal with cases beyond their instructions. Submitting a brief abstract of the report of the British Commissioner. Transmitting copy of a letter from Mr. Justice Shippard, the British Commissioner, submitting his report upon all matters investigated by the Joint Commission. Transmitting a volume containing the proceedings of, and the evidence taken before, the Joint Commission, and stating that the British Com- missioner’s covering report will be communicated to Foreign Office, with an expression of Colonel Stanley’s views on the points raised, when it has been printed. Transmitiing an extract from a letter from the British and German Commissioners, pointing out that the limits of Walfisch Bay were in- correctly described in Commander Dyer’s proclamation of 1878, and that the mistake has been repeated in subsequent documents, and inquiring as to the means to be taken to rectify the error. Transmitting copy of a Despatch from Sir H. Robinson reporting a mis-description of the boundaries of Walfisch Bay, and suggesting that when the exact definition of the boundaries which Colonel Stanley has asked for is received fresh Letters Patent should be issued, and that the German Government should be informed that such is the exact description of the limits of British territory. Requesting to be furnished with a full and exact description of the boundaries of Walfisch Bay as ascertained by the surveyor who is now engaged in surveying the territory. Concurring in the course proposed in Colonial Office letter of 22nd October with reference to the rectification of the boundaries of British territory at Walfisch Bay. Reporting the receipt of a letter from Kamaherero complaining of the action of the Germans in his country, and expressing the opinion that if Prince Bismarck’s attention were directed to the alleged proceedings of Dr. Goering, the German Consul, he would decline to ratify them. a3 16 16 17 19 19 19 24 26 26 27 27 vi Serial ‘No. From or to whom. Dat2. Subject. . Page. 34 35 36 37 38 39 40 41 43 44 45 46 The Agent-General for the Cape Colony. To Foreign Office - Ditto - - To Sir Hercules Robin- son, To the Aborigines Pro- tection Society. Sir Hercules Robinson - To Sir Hercules Robin- son. Foreign Office - Ditto - - To Sir Hercules Robin- £on. To Foreign Office - Foreign Office - = Ditto - - Jan. 7, 1886 Jan, 12, 1886 Jan. 12, 1886 Jan. 13, 1886 Jan. 14, 1886 Dec. 23, 1885 (Rec. Jan. 15, 1886.) Jan. 21, 1886 Jan. 26, 1886 Jan. 29, 1886 Feb. 3, 1886 Feb. 3, 1886 (Extract.) Feb. 17, 1886 Feb. 23, 1886 Transmitting copy of a telegraphic correspondence with his Government as to the rumoured es- tablishment of the “ Upingtonia ”’ Republic. Transmitting copy of a letter from the Agent- General respecting the rumoured establishment of an independent Republic north of the Orange River. Transmitting copy of a letter from the Abori- gines Protection Society respecting the pro- clamation of a German Protectorate over Damaraland, and suggesting that Her Majesty's Ambassador at Berlin should be instructed to ascertain whether a telegram which appears in the “ Times ” of 8th January is not in error in stating that the German Protectorate will extend to the 22nd degree of east longitude. Requesting him to make known to Mr. W. L. Kingon the decision of Her Majesty’s Govern- ment not to interfere with the extension of German authority inland up to the 20th degree of east longitude. Observing that, for the reasons stated, it does not appear to Colonel Stanley to be possible to in- terfere in any way with the extension of German authority within a specified limit. Transmitting copy of a letter froma Mr. R. Lewis, writing on behalf of Kamaherero, and of the reply thereto. Approving his reply to the letter from Mr. Lewis for the Chief Kamaherero. Concurring in the view expressed in Colonial Office letter of 12th January with reference to the movements of Germans in Damaraland, and transmitting copy of a Despatch to Her Majesty’s Ambassador at Berlin, instructing him to call the attention of the German Government to the “Times ” telegram referred to. Transmitting translation of a communication from the German Ambassador announcing the ad- dition of certain districts to the German Pro- tectorate in South-West Africa, Transmitting copies of correspondence with the Foreign Office respecting the recent extension of the German Protectorate in Namaqualand and Damaraland. Suggesting that the German Government should be invited to allow the points in difference between the Commissioners to be discussed between Her Majesty’s Secretary of Einbassy at Berlin and Dr. Krauel, or some other repre- sentatives of the two Governments. Transmitting copy of a Despatch from Her Majesty’s Chargé d’ Affaires at Berlin respecting German proceeding in Damaraland. Transmitting copy of a Despatch from Her Ma- jesty’s Minister at Lisbon respecting the ru- moured establishment of an independent Republic in Ovamboland, and inquiring if the Colonial Office has received any further infor- mation on the subject, 28 28 28 29 29 30 31 31 32 32 33 34 Vil Serial No. From or to whom. Date. Subject. Page. 47 48 49 50 51 53 55 56 57 59 ‘To Sir Hercules Robin- son. Foreign Office - - To Foreign Office - Foreign Office - Ditto - Ditto - - | To Foreign Office - To Lieut.-General H. D’O. Torreus. To Foreign Office - Foreign Office Messrs, De Pass and Co. Foreign Office - - Ditto - - Mar. 1, 1886 Mar. 5, 1886 Mar. 10, 1886 Mar. 13, 1886 Mar. 17, 1886 Mar. 19, 1886 Mar. 26, 1886 Mar. 27, 1886 Mar. 27, 1886 (Extract.) Mar. 31, 1886 (Extract.) May 7, 1886 May 13, 1886 May 21, 1886 Transmitting copy of a letter from the Foreign Office respecting recent German proceedings in Damaraland. Transmitting copy of a Despatch to Her Majesty’s Ambassador at Berlin with regard to the pro- posed conference on the subject of English and German claims on the South-West Coast. Stating that the Secretary of State has no further information respecting the rumoured establish- ment of a new Republic in Ovamboland beyond that which was communicated in Colonial Office letter of 12th January, but that Sir H. Robinson will shortly return to this country aud he will then be desired to furnish any information in his power. Transmitting copy of a Despatch from Her Majesty’s Ambassador at Berlin, reporting that he had suggested to the German Government a meeting between Mr. Scott and Dr. Krauel for the purpose of discussing the English and German claims in South-West Africa. Transmitting a translation of a communication from the German Ambassador relative to a complaint. on the part of the Chief of the Red People that his territory has been encroached upon by the northern and western boundary lines of the British Protectorate of Bechuana- land. Transmitting copy of a Despatch from Sir E. Malet, forwarding a translation of a note from Count Bismarck, stating that the German Government agree to a conference at Berlin between Mr. Scott and Dr. Krauel. Stating that Lord Granville has no accurate infor- mation as to the extent of ihe territories of the Red People, but that he has referred the matter to the Administrator of the Cape. Transmitting copy of a letter from the Foreign Office, and requesting to be furnished with any information in the possession of Cape Ministers respecting the extent of the territories of the Red Peogle. Stating that Lord Granville will, on learning that such is the wish of Sir E. Malet, be prepared to give effect to the proposal made in the Colonial Office letter of 3rd February, that a gentleman from the Colonial Office should proceed to Berlin to assist Mr. Scott. Stating that Sir E. Malet has been asked whether he considers the presence of a gentleman from the Colonial Office to assist Mr. Scott desirable. Inquiring if any progress has been made in the Angra Pequena and Coast claims. Inquiring whether any information has yet been obtained from Sir H. Robinson respecting the establishment of a Republic in Ovamboland. Transmitting a Despatch from Her Majesty’s Ambassador at Berlin, covering copies of treaties which have been concluded between. Germany and various Chiefs of Harara and } Damaraland. a4 | 34 35 35 36 36 37 38 88 38 39 39 389 39 Vill Serial No. From or to whom, Date. Subject. Page. 60 61 62 63 64 65 66 69 70 71 72 Foreign Office - To Foreign Office - To Messrs. De Pass and Co. To Foreign Office - Foreign Office - Ditto - - Ditto - Admiralty - - Messrs. Daniel De Pass and Co. To Messrs. Daniel De Pass and Co. To Sir Hercules Rohin- son. To Foreign Office - Foreign Office - - May 21, 1886 (Extract.) May 22, 1886 June 4, 1886 June 4, 1886 June 22, 1886 June 24, 1886 June 29, 1886 July 24, 1886 July 27, 1886 July 31, 1886 July 31, 1886 Aug. 2, 1886 Aug. 9, 1886 Observing that Lord Granville does not consider that the right of this country to the islets off the coast can be given up, and that he proposes, therefore, that Mr. Bramston should he asso- ciated with Mr. Scott in the discussion of the matter at Berlin. Stating that the negotiations with the German Government are not yet concluded, and that the matter is under discussion at Berlin. Transmitting copy of a memorandum by Sir H. Robinson, giving all the information he possesses with respect to the establishment of a Republic in Ovamboland, Concurring in the proposed mission of Mr. Bram- ston to Berlin to assist Mr. Scott. Transmitting copy of a Despatch to Sir E. Malet, with copy of the reply thereto, announcing that the German Government have signified their agreement to the appointment of Mr. Bramston to assist Mr. Scott at the approaching discussion of the Angra Pequena matters. Transmitting copy of a Despatch from Her Majesty’s Ambassador at Berlin, enclosing copy of a note addressed by him to the German Government with regard to Mr. Bramston’s appointment. Transmitting copy of a report by Commander Oldham, of H.M.S, “ Racer,” on the subject of Walfisch Bay. Transmitting a Despatch from Her Majesty’s Chargé d’Affaires at Berlin, enclosing papers showing the result of the recent negotiations, and asking whether Lord Granville approves the arrangements come to by the British and German representatives. Stating that Mr. Spence has been adjudicated a bankrupt, and that the whole interest in the lease of the Ichaboe Islands is now vested in them. Informing them that Lord Granville hopes shortly to communicate the terms of the agreement arrived at between Great Britain and Germany in regard to the questions in which Messrs. De Pass and Co. are interested. Transmitting copy of a correspondence with Messrs. De Pass and Co., respecting the bank- ruptcy of Mr. Spence, and asking to be furnished with a report on the proceedings taken in the matter, and present relations of the bankrupt to Messrs. De Pass. Stating that, in Lord Granville’s opinion, the arrangement embodied in the protocol signed by Mr. Scott and Dr. Krauel may be accepted and approved by Her Majesty’s Government, and observing that Lord Rosebery no doubt concurs with Lord Granville in thinking that Messrs. Scott and Bramston deserve much credit for the judicious manner in which the negotiations have been conducted. Transmitting copy of a Despatch to Her Majesty’s Chargé d’Affaires at Berlin, instructing him’ to ascertain whether the German Government accept the arrangement adopted by the Commis- sioners. : 44 44 45 46 46 47 48 57 58 58 58 59 Serial * No. From or to whom. Date. Subject. Page. 73 74 75 76 77 78 79 80 81 82 83 84 85 Charles Warren, Esq. - To Foreign Office - Foreign Office - “ To Charles Warren, Esq. Sir Hercules Robinson - Ditto “ - To Foreign Office - The Agent-General for the Cape. Foreign Office - - To Foreign Office - To the Agent-General for the Cape. Daniel De Pass, Esq. - To Lieut.-General H. D'O. Torrens. U 50462, Aug. 1], 1886 Aug. 28, 1886 Sept. 7, 1886 Sept. 9, 1886 Aug. 25, 1886 (Rec. Sept. 15, 1886.) Sept. 8, 1886 (Rec. Sept. 29, 1886.) Oct. 8, 1886 (Extract.) Oct. 22, 1886 Oct. 29, 1886 Oct. 29, 1886 Oct. 29, 1886 Nov. 9, 1886 Nov. 18, 1886 Transmitting copies of papers relating to German encroachments in South Africa, and requesting that the Secretary of State will take the matter into his serious consideration. Transmitting copy of a letter from Mr. Charles Warren, with a draft of the proposed reply thereto. Concurring in the proposed reply to Mr. Warren respecting German encroachments in South Africa. Observing that the disputes to which his letter of 11th August refers are not matters in which Her Majesty’s Government could interfere in the first instance. Transmitting, in reply to the Secretary of State’s Despatch of 27th March, copy of a minute from: Ministers, covering reports on the extent of the territory of the Red People, and suggesting that the German Government should be informed that the Bechuanaland Protectorate does not in any way interfere with the rights of that tribe. Transmitting copies of papers respecting the bank- ruptcy of Mr, Spence, and observing that the claim of Messrs. De Pass on the insolvent estate is likely to become the subject of litigation in the Colony. Transmitting copy of a Despatch from the High Commissioner respecting the extent of the territory of the Red People, and suggesting that a communication in the sense of Sir H. Robin- son’s remarks should be made to the German Government. Transmitting copy of aletter received by the Trea- surer of the Cape from Mr. John Lee, respecting the murder of Mr. W. Jordan, the President of the Bestuur of Upingtonia. Transmitting a Despatch from Her Majesty’s Ambassador at Berlin, enclosing a note to the German Government, intimating the acceptance by Her Majesty’s Government of the proposals of the Commissioners. Transmitting copy of a letter from the Agent- General for the Cape respecting the murder of Mr. W. Jordan, and pointing out that the locality of the murder lies within the limits in which Her Majesty’s Government have agreed with Germany not to exercise political influence. Informing him that a copy of his letter of 22nd October has been sent to the Foreign Office, and transmitting copy of a letter recently addressed to Mr. Charles Warren on the subject. Calling attention to the injury which will be caused to his interests by the decision of the Supreme Court of the Colony, that Captain Spence’s share in the lease of the Angra Pequena Islands does not fali to him (Mr. De Pass), as the survivor of De Pass, Spence, and Co. Transmitting copy of a correspondence with Mr. De Pass respecting his share in the lease of the Penguin Islands, and requesting favourable con- sideration of Mr. De Pass’s case. b 59 62 62 62 63 70 71 71 73 74 74 75 76 Serial No. From or to whom. Date. Subject. 8 Page, 86 87 88 89 90 91 92 93 94 95 96 97 $s 99 100 To Daniel De Pass, Esq. Daniel De Pass, Esq. - To Lieut.-General H. D’O. Torrens. To Daniel De Pass, Esq. Foreign Office - - To the Agent-General fcr the Cape. Foreign Office - Messrs. De Pass and Co. To Sir Hercules Robin- son, To Messrs, Pass and Co. De Messrs. De Pass and Co. To Messrs. De Pass- and Co. To Foreign Office - Foreign O fie - Messrs. De Pass and Co. Nov. 18, 1886 Nov. 22, 1886 Nov. 25, 1886 Nov. 25, 1886 Nov. 29, 1886 Dec. 10, 1886 Jan. 24, 1887 Jan. 3), 1887 Feb. 3, 1887 Feb. 3, 1887 Feb. 11, 1887 Feb. 23, 1887 Feb. 23, 1887 Mar. 3, 1887 Mar. 22, 1887 Observing that if Mr. Spence’s lease of the Penguin Islands were interpreted according to the desire of Mr. De Pass, it would not appear to make any difference to his interests, but that a copy of his letter will be forwarded to the Colonial Government. | Expressing his desire that the Colonial Govern- ment should grant him the lease of Captain Spence at only a moderate increase of rent. Transmitting, for communication to his Ministers, copy of a further letter from Mr. De Pass. Informing him that a copy of his letter of 22nd November will be forwarded for the considera- tion of the Colonial Government. Transmitting copy of a Despatch from Her Majesty’s Ambassador at Berlin respecting the murder of Mr. Jordan. : : Forwarding copy of a letter from the Foreign Office, enclosing copy of a Despatch from Sir E. Malet, respecting the murder of Mr. Jordan, | Transmitting copy note from the German Am- bassador, stating that his Government agree to the protocol signed by Mr. Scott and Dr. Krauel on the 15th July last. Inquiring whether the award of the German and English Governments has been made public, and if so what is the nature of the award. Transmitting copy letter and enclosures from the Foreign Office, showing the settlement which has been arrived at between the German and English Governments with regard to the points in dispute. ' Transmitting copy of the protocol agreed to be- tween the German and English Governments for settlement of the questions hitherto in dispute. Expressing the opinion that the Protocol con. cluded with Germany does not sufficiently re- cognise their claims. Observing that it was found impossible to induce the German Government to recognise fully the present validity of the documents of 1863-4, and that the best compromise. possible was made for the English claimants. Transmitting copy of a correspondence with Messrs. De Pass and Company, and suggesting that an inquiry should be addressed to the German Government as to what documents of title they propose to grant to Messrs. De Pass for so much of their claims as is admitted by the Protocol. Stating that Sir E. Malet has been instructed to bring the subject of the Colonial Office letter of 23rd February to the notice of the German Government with a view to a settlement of the claims of Messrs. De Pass and Company. Transmitting copy of a letter to the German Consul-General at Cape lown, respecting the damage done to the guano property of Messrs. De Pass at Angra Pequena by the firing of guns by Messrs. Luderitz’s people. \ 76 77 77 78 78 79 79 $1 81 Bl 82 82 82 83 83 aI Serial No From or to whom. Date. Subject. Page. 101 | To Messrs. De Pass and April 2, 1887 | Stating that the subject of their letter of 22nd | 84 Co. March has been laid before the Marquis of Salisbury. 102 | To Foreign Office - | April 2, 1837 | Transmitting copy of a letter from Messrs. De} 84 Pass respecting the scaring of birds caused by the firing of guns by the people of Messrs. Lude- ritz, and the consequent injury to the guano deposits, and suggesting that the matter should be represented to the German Government. CAPE COLONY. FURTHER CORRESPONDENCE RESPECTING THE SETTLEMENT AT ANGRA PEQUENA, ON THE SOUTH-WEST COAST OF AFRICA. No. 1. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, December 27, 1884. Wiru reference to previous co respondence relating to the question of Angra Pequéna, I am directed by the Earl of Derby to acquaint you, for the information of Earl Granville, that Mr. Sidney Godolphin Shippard, Judge of the Supreme Court of the Cape of Good Hope, residing at Grahamstown, Cape Colony, has accepted the appointment of British Commissioner on the Commission for inquiring into the claims of British and German subjects in this neighbourhood. 2. The Governor of the Cape Colony has reported to Lord Derby by telegraph that the German Commissioner, Dr. Bieber, German Consul-General at Cape Town, has expressed a desire to know when the work of the Commission is to begin ; and his Lord- ship would be glad to be informed, therefore, whether the German Government is willing that the Commissioners should commence their investigations into the respective claims of German and English subjects on the mainland at once, it being understood that the British right to the islands off the coast is excluded from their inquiries. I am, &c. The Under Secretary of State, (Signed) EDWARD WINGFIELD. Foreign Office. No. 2. The Ricut Hon. tae EARL OF DERBY, K.G., to the Rigor Hon. Str HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, January 14,-1885. I nave the honour to acknowledge the receipt of your Despatches of the 20th of November,* relative to the mission cf Mr. Palgrave to Damaraland, and the objects to which he has been directed to give his attention. Her Majesty’s Government have no objection to Mr. Palgrave’s making inquiry as to the alleged German purchases in the neighbourhood of Waltisch Bay, nor to his looking after the interests of British subjects in Damaraland, as far as he can do so, whilst residing at his post at Walfisch Bay; but they consider that the question of appointing a “Resident” with Kamaherero cannot at present be entertained, and Mr. Palgrave’s functions must be strictly limited as I have explained. Seeing that there has been no Resident with the Chief since the end of 1880, the appointment of one now would have the appearance of an attempt to thwart the develop- ment of the German protectorate which Her Majesty’s Government has recently * Not printed. U 50462. A 2 . 6 ts recognised. Such a measure, therefore, could ‘not be ratified or defended by Her Majesty's Government, and in these circumstances I have no doubt that your Ministers will perceive that even the presence of Mr. Palgrave in Native Damaraland would at the present moment be undesirable. I informed you, in my Despatch of the 11th of November.; that it would not be in accordance with international comity to annex the territory immediately adjacent to the existing German limit; and the same observation applies, although in a less degree, to placing a Resident with a Chief whose country Germany may legitimately desire to acquire if the Chief consents. ‘ I have, &c. Sir Hercules Robinson. (Signed) DERBY. No. 3. COLONIAL OFFICE to DANIEL DE PASS, Esa. Sir, Downing Street, February 10, 1885. I am directed by the Earl of Derby to acquaint you that the British and German Governments are now agreed as to the scope of the labours of the proposed Anglo- German Commission relating to the claims of Britizh subjects in the German Angra Pequena Protectorate. The Commission is primarily appointed to investigate the claims of yourself and any other British subjects who may appear before it to property on the mainland of the Protectorate. It was at one time proposed that your claim and the claim of the Crown to the islands which you hold under tease should be also submitted to the Commission ; but Her Majesty’s Government have declined to agree to this proposal as regards the islands forming part of the Cape Colony, and by name leased to you. With regard to Shark Island, however, and any unnamed isiets and rocks, they consider that the case is different, and that it will be for you and your advisers to make out your title to them before the Commission. Iam to request that Lord Derby may be informed as soon as possibie whether you propose to proceed personally to the Cape, as the Commissioners will be informed on the re-opening of telegraphic communication that the two Governments are agreed as to the scope of the Commission, and they will be invited to meet and consider certain pre- liminary questions of procedure, upon the settlement of which there would be nothing to delay their entering upon the actual consideration of the British claims except the absence of yourself, and it will be convenient that you should call at this office on the subject. The Commissioners will meet in the first instance at Cape Town. Tam, &e. Daniel De Pass, Esq. (Signed) JOHN BRAMSTON. “No. 4. FOREIGN OFFICE to COLONIAL OFFICE. SIR, Foreign Office, February 13, 1885. I am directed by Earl Granville to forward to you herewith, for the information of the Secretary of State for the Colonies, a copy of a note which his Lordship has addressed to Count Miinster relative to the scope of the proposed Anglo-German Commission at Angra Pequena. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER Colonial Office. , Enclosure in No. 4. M. v AmBAssAaDEUk, Foreign Office, February 13, 1885. - Wirn reference to the interview which I had the honour of holding with your Excellency on the 3rd instant, on the subject of the Angra Pequena Claims Commission 3 t [C. 4265] December 1884. 3 I have the honour to state that as Her Majesty’s Government and that of Germany are now practically agreed as to the scope of the labours of the Commission, Her Majesty’s Government propose to inform the Governor of the Cape that the two Governments are so agreed, and that it would be well that the two Commissioners should meet as soon as possible to consider the mode of procedure to be adopted, and whether they will visit Angra Pequena, as will probably be necessary. 1 must, however, inform your Excellency that Mr. De Pass, the British claimant, is now in this country, and has been informed, in reply to a letter asking for assurances that he would be granted ample time to prepare his case, that he would doubtless receive reasonable notice of the sittings of the Commission and of the formalities which they may prescribe. This correspondence was published in a paper laid before Parliament in December last,* which is doubtless familiar to your Excellency, but of which a copy is enclosed for convenience of reference. Your Excellency will no doubt perceive that the actual sittings of the Commission cannot commence until Mr. De Pass arrives at the Cape, should he decide to proceed there for the purpose of defending his rights, and he will be informed at once that if that is his intention the sooner he does so the better. He will also be told that, as “ Shark’s Island” is not named in his lease, or in the Pro- clamation, or other State documents, it will be for him to defend his title to it, as also to such unnamed rocks or islets, if any, as he may claim along the coast. In regard to this point I have to state, that, in the opinion of Her Majesty’s Govera- ment, the Commission should be requested to ascertain what are the rocks and islets claimed by the lessees under the general clause, and report their opinion on the validity of the claim of the lessees. It shovld further, in the opinion of Her Majesty’s Government, be understood that small detached unnamed rocks which are virtually part of the islands named should be deemed to be included in the annexation of the islands to which they are appurtenant. As regards the granting of the lease under which Mr. De Pass claims these islands, islets, and rocks, it was not the independent act of the Government of the Cape Colony. The lease, which takes the place of an earlier lease of 1861, is dated in 1869, two years before the establishment of self-government under a responsible Government at the Cape. The lease was granted on the personal responsibility of the Governor as repre- senting the Queen, under his Commission as Governor of Ichaboe and the Penguin Islands, and being within the scope of his legal and political authority must be deemed to be the act of the British Crown, and there can be no doubt that he believed he was acting within the scope of his authority when he inserted in the lease the clause relating to rocks and islets upon which the present question arises. __ As regards the movements of the Commissioners, Her Majesty’s Government would suggest that if it is decided that they should proceed to the cuast they should be con- veyed there in an English or German man-of-war as may be most convenient. It may also be necessary to arrange for joint clerical and interpreting assistance, the expense of which, as well as all other joint expenses your Excellency will no doubt agree should be shared in equal proportions between the two Governments. ‘The English Commissioner will be separately remunerated by Her Majesty’s Government. In conclusion I have to state that the cable to South Africa is broken; but on learning from your Excellency that the course above proposed is agreeable to the German Government, instructions will be sent by post and will be followed by a telegraphic communication as soon as the cable is repaired. I have, &c. His Excellency the Count Minster. (Signed) GRANVILLE. No. 5. | COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, February 16, 1885. I wave laid before the Earl of Derby your letter of the 13th instant, enclosing a copy of a note from Earl Granville to Count Miinster relative to the meeting of the Anglo-German Commission on British Claims at Angra Pequena, and I am to acquaint you * [C, 4262.] + No. 4. A 2 4 that his Lordship now learns from Mr. De Pass that it is not his intention to proceed to South Africa to appear before the Commission, as his lawyer on the spot is prepared with evidence to sustain his claims. Iam, &e. The Under secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 6. The Ricur Hon. raze EARL OF DERBY, K.G., to the Ricut Hon. Sr HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, February 17, 1885. Wiru reference to previous correspondence on the subject of the appointment of an Anglo-German Commission to investigate the claims of British and German subjects in respect of property and concessions acquired by them on the coast north of the Orange River before the establishment of the German Protectorate at Angra Pequena and elsewhere on that coast, I have now the honour to acquaint you that Her Majesty’s Government and the German Government are desirous that the Commission should meet for the despatch of business as soon as possible. 2. It will be the duty of the British Commissioner to submit to Her Majesty’s Government, through you, a full report upon all matters investigated by the Commission, specifying the points upon which he comes to an agreement with his German colleague, and the points, if any, on which they do not agree; together with his reasons for the conclusions at which he arrives. 3. Her Majesty’s Government have not received from the German Government any further expression of their views with regard to the scope of the Commission, and no joint instructions have at present been agreed upon as contemplated in the communica- tion made to the German Government by Her Majesty’s Chargé d’Affaires at Berlin in September last as reported in his Despatch of the 19th of that month.* It may therefore be assumed that the British Commissioner will in the first instance indicate to his German colleague the boundaries and descriptions of the British territory at Walfisch Bay, and of any other islands or places which belong to the British Crown in virtue of possession formally taken before the German Government laid claim to any part of the coast. And (referring again to Mr. Scott’s Despatch of 19th September last*) they wil] then proceed to ascertain what rights, interests, or property “the subjects of the * one Government have acquired in the territories under the protection or authority of “* the other,” with a view to making such “arrangements as may be found necessary “ for securing the recognition and protection of those interests” by the respective Governments. 4, There are few, if any, such German claims within the British possessions on this coast, and it will be the principal duty of the Commission to report upon the claims of British subjects on the mainland, within the German Protectorate. But a further question has been discussed as to the islands, islets, and rocks adjacent to the coast. It was desired by the German Governmert that the claims of British subjects in regard to these islands, islets, and rocks, and the British right of sovereignty over them should be referred to the Commission, but Her Majesty’s Government declined to agree to this proposal as regards those islands which have been proclaimed by name to be British territory and have been incorporated by name in the Cape Colony. As to Shark Tsland, however, and the unnamed islets and rocks between Hollam’s Bird Island and Sinclair’s or Roast Beef Island, referred to in the lease granted by Sir P. Wodehouse in 1869, Her Majesty’s Government have consented to the Commission being invited to ascertain what islands, islets, and rocks, other than those annexed by name to the Cape Colony, are claimed by the lessees under the general clause above referred to, and to request their opinion upon the validity of such claims. , 5. In these circumstances I request you to cgmmunicate with the English and German Commissioners and inform them of the scope of their inquiry, as I have defined it, and if, as I anticipate, the German Coumissioner finds that definition to be in i@eondance with his instructions they should meet together as soon as possible to discuss and agree upon the procedure which they will adopt, and the steps which they will take for carry~ ing out their inquiry. I presume that they will require some clerical assistance, and when they proceed to the coast doubtless they wili consider the necessity of obtainin the services of an interpreter or interpreters conversant with the local dialects. ‘ * Enclosure in No, 81 in [C.—4262] December 1884. 5 6. As soon as you are informed of their intentions as to meeting to receive claims, I would suggest that you should notify publicly the appointment of the Commission and the date of its meetings, and warn any British subjects that if they desire to claim pro- perty or other rights on the coast they should appear before the Commission and be Prepared to substantiate their claims. 7. Instructions in this sense should also be sent to the Resident Magistrate at Walfisch Bay, with a view to his warning any British claimants who may be residing in that neighbourhood. An advertisement will likewise be inserted in the “ London Gazette” upon the subject. 8. If the Commissioners, as I anticipate, decide to proceed at an early date to the coast, the question will arise as to the mode of their conveyance thither, and I have to request that you will report to me by telegraph, in order that I may ascertain from the Lords Commissioners of the Admiralty whether there is a British man-of-war which could be conveniently detached for the service. If an English man-of-war is not avail- able, possibly there may be a German ship at Cape Town, and in that case Her Majesty’s Government will invite the German Government to place it at the disposal of the Commissioners. 9. Her Majesty’s Government have proposed to the German Government that the joint expenses of the Commission should be defrayed in equal shares between tie two Governments, but the reply to this suggestion has not yet been received. I have to request that you will impress on the English Commissioner the necessity of seeing that a full record of the proceedings is made, and that accurate and properly vouched accounts are kept of all expenses incurred by the Commission. I have, &c. Sir Hercules Robinson. (Signed) DERBY. No. 7. REUTER’S TELEGRAPHIC AGENCY to COLONIAL OFFICE. (Received February 25, 1885.) (Extract.) 3 5 Cape Towa, February 24.—Mr. Palgrave, Royal Commissioner in Damaraland, held a conference with the principal Chiefs, the result of which was satisfactory, the Chiefs unanimously deciding to accept British rule. No. &. The Ricut Hon. tae EARL OF DERBY, K.G., to the Rigur Hon. Sin HERCULES ROBINSON, G.C.M.G. TELEGRAPHIC. 27th February 1885.—Press telegram, 24th February, states that Palgrave has con- ferred with Damaraland Chiefs with satisfactory result, as they unanimously decided to accept British jurisdiction. Rcferring to my Despatch, 14th January,* it is my wish that you instruct Palgrave act very strictly in accordance therewith. No. 9. The Ricut Hon. Sir HERCULES ROBINSON, G.C.M.G., to the Rientr Hon. me EARL OF DERBY, K.G. (Received February 28, 1885.) TELEGRAPHIC. 28th February.—Palgrave has returned here, having been recalled. I have not yet received from Ministers any account of his proceedings, but have asked for it. If press version be true, I propose to inform Kamaherero Her Majesty’s Government cannot accept his offer to place his people and country under British rule. * No. 2. A 3 6 No. 10. FOREIGN OFFICE to COLONIAL OFFICE. Sie RY EG Sir, Foreign Office, March 26, 1885. I am directed by Earl Granville to transmit for you, for the information of Her Majesty’s Secretary of State for the Colonies, translation of a document communicated by Count Minster on the 20th instant, which contains Prince Bismarck’s instructions to Dr. Bieber, the German Consu!-General at Cape Town, as German Representative on the Angra Pequena Commission. In leaving. this paper Count Minster said that these instructions, unlike those of Great Britain, contaiied nothing in regard to the laws under which the new territories would be placed, since this question was considered beyond the range of the inquiry. His Excellency added that the Despatch addressed by Her Majesty’s Government to Sir H. Robinson had the appearance of giving him discretion as to the scope of /this inquiry, but that the German Government presumed that this was not the intention of Her Majesty’s Government, and that the Commissioners would be restricted to the limits of their written instructions. Count Munster further inquired when the British in- structions would be despatched, and said that his Government accepted the offer of a British steamer to carry the Commissioners, and also the proposal that the expenses should be shared with Her Majesty’s Government. Lord Granville would be glad to be enabled to reply to his ixcellency’s inquiry and to learn generally the views of the Earl of Derby upon the German instructions. I am, &c. The Under Secretary of State, (Signed) PHILIP W. CURRIE. Colonial Office. Enclosure in No. 10. (Translation.) Berlin, March 11, 1885. Tue limits of the work of the mixed Commission, of which you had been designated to the Royal Government of Great Britain as the Commissioner for this country, were specified in the Despatch of the 19th of October last in accordance with the position of the negotiations between the two Governments at that time. A difference of opinion which arose later on with regard to the islands off the coast of Angra Pequena has been settled in the course of last month. By a Despatch of Lord Derby’s of the 17th ultimo, his Excellency Sir Hercules Robinson kas been directed to give instructions to your English colleague, Mr. Shippard ; and the last obstacle to the commencement of the negotiations has been removed b Mr. De Pass’s renunciation (brought to my knowledge on the 22nd ultimo) of Lis claim to personal appearance before the Comunission. You will therefore enter on the same as soon as Mr. Shippard is ready, and the following instruction will serve for your guidance. On the one side, our Protectorate between the mouth of the Orange River and Cape Frio (Walfisch Bay and the small neighbouring territory excepted), whose boundaries result from the English Admiralty’s Chart and from the Incorporation Act of the 22nd July of last year; on the other side, the English supreme power over the islands named in the Deed of Possession of the 27th February 1867, stand outside the scope of the discussion. ‘The task of the Commission is toexamine and give their opinion on the claims to private ownership, and rights of holding which subjects of the one kingdom assert they acquired in the territory of the other before the German declaration of Protectorate. Specially into this task enters the inquiry into the claims which English sub- jects set up on the ground of the lease granted by Sir P. Wodehouse in 1869 with reference to islands, rocks, and reefs, which are not named in the Deed of 27th February 1867. You will come to an arrangement with your English colleague as to the nature and manner of your joint proceedings, and if Sir H. Robinson issues a public summons to the English subjects to present themselves with their relative claims to the Commission you will publish a corresponding summons to the German subjects in a suitable Cape Tee paper and in the official advertiser. The expenses proceeding from the work of the Court aud the . é eventual assi interpreters will be borne by the two Governments in equal shares istaneciod 7 If it should be necessary for you to repair to the place and spot, either an English or a German ship of war will be placed at your disposition if practicable. You will furnish reports to me from time to time concerning the particulars of the negotiations, : CZ ' . The Imperial Consul-General, Herr Bieber, (Signed) Von Bismarck. Cape Town. No. 11. DANIEL DE PASS, Esa., to COLONIAL OFFICE, 128, Leadenhall Street, London, My Lorp, ; March 27, 1885. I wave the honour to place before you the substance of a letter received by me on Wednesday from Mr. John Spence of Cape Town, which confirms my letter to your Lordship of 25th August last,* wherein I pointed out a damage which would be done to the Guano Islands in the harbour, by reason of the traffic and settlement of German traders at Angra Pequena. “Captain Forsyth’ of H.M.S. ‘Valorous’ took down the Superintendent of the Guano Islands, one Thomas Boyce, who held a Commission of the Peace, to preserve order and protect the Guano Islands from any sort of disturbance. In furtherance of the necessity to maintain the quiet for the resting place of these shy wild birds, it was deemed advisable by Thomas Boyce, and acted on by Captain Forsyth, that Angra Pequena should be the harbour (as the only safe one on that coast) for these Guano Islands. That to a certain extent Captain Boyce was responsible to the Colonial Government as we, the lessees of the islands, are for the preservation of the birds; that he, as justice of the peace for the Guano Islands, could exercise the same authority at Angra Pequena and harbour as is exercised in Table Bay and Saldanha Bay, viz., to stop the firing of guns. After giving up the harbour of Angra Pequena, which permits of the introduction of people belonging to another nation who are determined to annoy us in our legitimate trade, is it possible that our Government can throw us over and ignore the loss we sustain ? “T beg to refer you to my letter of 15th October 1884 to your firm, wherein I stated that I shipped from these islands in 1883, 580 tons of guano, and in 1884, 300 tons, and this year I am advised the quantity will not exceed 100 tons.” To show your Lordship the loss we sustain, | beg to mention the 580 tons realised here in bulk, 5,075/. 300 tons in 1884, 2,200/., and the 100 tons will probably fetch only 7501. As the foecal deposit is slight or scanty so much more worthless sand must be collected with it. There is a difference between 1883, when there was no disturbance, and 1885, of 4,200/., which for the term of our lease, some 11 or 12 years, will represent some 40,0007. of loss to us. es As the Colonial Government had annexed the harbour to carry out a full measure of protection for the increase of value of these guano islands, and as Imperial interests have now been benefited by the disallowance of this Colonial annexation to favour the German Government, will your Lordship indicate to me the course I ought to pursue to obtain redress P [ have, &c. To the Earl of Derby, (Signed) DANIEL DE PASS. Secretary of State for the Colonies. No. 12. COLONIAL OFFICE to FOREIGN OFFICE. Downing Street, March 31, 1885, E laid before the Earl of Derby your letter of the 26th,+ enclosing a copy of the Gon Cine addressed by Prince Bismark to the German member of the Anglo- German Commission on claims at Angra Pequena, which had been left at the Foreign a gee -_ : : Sir, * No. 8 in [C. 4262] December 1884. tT No. 10, eemea is A A yt 8 Office by the German Ambassador, who took the occasion to make certain observations on Lord Derby’s Despatch of 17th of February.* Lord Derby does not understand what portions of his Despatch have given rise to Count Miinster’s criticisms, and he thinks that possibly its meaning may not have been clearly rendered by those who translated it into German, and that hence a misunderstanding has arisen. It was not intended by his Lordship that any question as to the laws under which the German and English possessions were to be placed should be submitted to the Com- mission, and no discretion in regard to the scope of the Commission was intended to be left to Sir Hercules Robinson, who has acted, in this matter, only as the official channel of communication with the Engiish member of the Commission. It was not intended to issue any instructions to Mr. Shippard beyond those which are contained in Lord Derby’s Despatch of the 17th of February,* and which would become binding on him according to English official practice, as soon as communicated to him by the Queen’s representative on the spot, and that Mr. Shippard himself so understands the matter seems plain from his having consented to proceed to Angra Pequena on the 1Cth proximo. But as the German Government seem to think that the issue of special instructions would be desirable, Lord Derby has no objection to direct the High Com- missioner to communicate to Mr. Shippard a copy of Prince Bismarck’s instructions to Dr. Bieber, and to inform him that he may regard them as applicable to himself mutatis mutandis. Iam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON, Foreign Office. No. 13. The Ricut Hon. Sr HERCULES ROBINSON, G.C.M.G., to the Rigur Hon. rue EARL OF DERBY, K.G. (Received April 1, 1885.) Government House, Cape Town, My Lorp, March 11, 1885. Wiru reference to my telegram of the 28th ultimo,} I have the honour to enclose, for your information, a copy of a Minute which I have received from Ministers, covering Mr. Palgrave’s report of his proceedings in Damaraland. . I enclose, also, a copy of a letter which I have addressed to the Chief Kamaherero, declining his offer of the cession of his country. I have, &c. (Signed) HERCULES ROBINSON, The Right Hon. the Earl of Derby, K.G., High Commissioner. &e. &e. &e. Enclosure 1 in No. 13. Ministers to Higu Commissioner. Minute. Colonial Secretary’s Office, Cape Town . March 3, 1885, Wiru reference to his Excellency the Governor’s Minute, No. 19, of the 28th ultimo enclosing copy of a telegram from the Right Hon. the Secretary of State for the Colonies relating to the mission of Mr. Palgrave to Walfish Bay, Ministers have the honour to state, for the information of his Excellency the Governor and High Com- missioner, that Mr. Palgrave was instructed by the Colonial Government. to proceed to Walfish Bay for the purpose of inquiring into and reporting upon, first the trade and eirezmstances of that Settlement generally, in view of the alleged annexation of the surrounding territory to the German Empire, and secondly, the necessity, if any, for taking measures to protect Colonial trade, Colonial interests, and the rights of th Colonial subjects of Her Majesty north of the Orange River. : * No. 6, t No. 9. Q That officer was further specially directed to avoid any collision with subjects of the: German Empire, as well as any interference with their rights, and to refrain from any act which would bear the appearance of inducement to native Chiefs. to cede territory. Having arrived at Walfish Bay, Mr. Palgrave was requested hy Kamaherero to visit. him, when, without inducement of any description, the representatives of the Herero nation handed to him a deed of cession of Damaraland to Her Majesty the Queen in Her Colonial Government. Translations and copies of the documents of cession, and copy of Mr. Palgrave’s report of the circumstances, are annexed hereto for his Excel-- lency’s information. Ministers have the honour to add that nothing further was done by Mr. Palgrave than to accept the cession for transmission to his Excellency, and no acceptance of the territory proposed to be ceded was made by him. Jn fact, Mr. Palgrave acted through- out with great judgment, and exercised much care in avoiding every act which could in any way compromise either Her Majesty’s Imperial Government, or the Colonial Government. Finally, Ministers one more earnestly desire that his Excellency will be pleased to urge upon the Secretary of State the importance to the Cape Colony of the offered cession of territory being accepted by Her Majesty’s Government with a view to annexaticn to the Colony at an early period. (Signed ) J. Gorpun Spriaa. W. Coates Patarave, Special Commissioner, to Unper Secretary ror NATIVE AFFAIRS. Sir, Cape Town, February 24, 1885. I wave the honour to report my return from Walfisch Bay yesterday, by the ** Louis Alfred.” 2. Soon after my arrival at the Bay, I met Mr. Robert Jewis; a tracer, long resident among the Damaras, and very much trusted and respected by them, from whom I learnt that Kamaherero was expecting a visit from some official sent him by the Government, and would be glad, and indeed was anxious, to see me, and that he was also desirous that an officer might be stationed with him, through whom he could communicate with the Government. 3. I accordingly lost no time in visiting Kamaherero, taking with me Mr. Duncan Hediey, a non-commissioned officer on the Police Establishment at Walfisch Bay, for the purpose of leaving him at Okahandja, if required. 4, On my arrival, Kamaherero at once _took measures to collect his headmen and councillors, and, after seme day’s deliberation, he handed me a deed of cession of his whole country to the British Government, stipulating only that the Damara jaws should, as far as possible, remain in force until the laws of the Government were understood by his people, and that he should continue to be acknowledged as the paramount Chief of. the country, and that the two mining concessions granted by him should be respected. 5. I did not urge Kamaherero to this, and I am of opinion that the course now adopted is one which the great majority of the Damara tribe had long ago decided upon. 6. I have taken care that no action of mine can in the slightest degree be construed as inimical to German interests. I have, &c. (Signed) W. Coates Paerave, Special Commissioner. Degp oF CEssIoN. TRANSLATION. Okahandja, Damaraland, December 29, 1884. I, KamMaueRERO, paramount Chief of Damaraland, with the consent of my under Chiefs and Counsellors, subject ourselves to the Government of the Queen of England in Her U 50462. B 10 Government of the Colony of the Cape of Good Hope as one of Her posts, namely, our whole country, including the boundaries fixed with the Commissioner, Mr. Palgrave, in 1876, and also those lands which were left out for the sake of peace, but which were occupied by our forefathers in earlier times. These I consider now as belonging to us by conquest. In the name, and with the consent, of myself and my people, I subject myself to the Government in order that we may receive that protection which we have for so long a time asked for in vain, and now, in firm confidence, I know for certain that we shall be treated in all respects as the true subjects of the Queen herself. Reserving to ourselves :— 1. I ask that our laws shall remain as they are until we understand the laws of the Government. That ali matters of estates shall be decided by myself with the consent of the parties concerned, and that I, Kamaherero, shall remain paramount Chief of my people, and that no other shall be put in my place. 2. And as there are copper mines which I have leased to people, so I desire that such leases shall remain of force, and that all the lease-monies shall be paid to me. his (Signed) KAMAHERERO X mark, Witnesses to Kamaherero’s mark, P. pe Sint. (Signed) D. Heptey. R. Lewis. his his SALOMAN APUNDA X Hatpa xX mark, mark. his his KaverHeviI xX KanpaceE xX mark. mark. his his UmTateE xX Evias xX - mark. mark. his his KanemMemoa X ZACHARIAS TJIBINSKO xX mark. mark his his Rearwa or AMANSDOP xX Jouannes Mururna X mark. mark. his his KAPAREVE xX Wittem Zacwartas xX mark, mark, his his ZEMUNDGA X MBaRARATYO X mark. mark, his his Moses xX KuramMunDA xX mark. mark. We, the herein mentioned Chiefs and Counsellors of the Herero nation affix our signatures to this Act of our Chief in token of our assent and full approval of it. Witnesses to marks of Chiefs and Counsellors, (P. pe Smipt. (Signed) < D. Henney. R. Lewis. Handed to me at Okahandja, Damaraland, this 29th day of December 1884, by the paramount Chief Kamaherero, who affixed his signature thereto in my presence and the presence of the above written witnesses. (Signed) W. Coates Pauerave, Special Commissioner. The deed of cession was translated by me into English from the Dutch as int to me from the Herero by Samuel Shepherd. | as Interpreted (Signed) P. pe Smupr. 11 : Okahandja, January 3, 1885. We, the undersigned Chiefs and Counsellors of the Herero nation, having read and become fully acquainted with the Deed of Cession of Damaraland to the English Government made by Kamaherero on 29th December 1884, affix our signatures hereto as a token of our assent to the terms of the said cession, and our full approval of it. We further record that our absence from the meeting of the 29th December 1884 was unavoidably caused by our being suddenly called out to follow up the enemies of our country, who had committed a raid upon Otyezwa, and swept off all the cattle on that station. (Signed) SamvEL Mauerero. his his Nicopemus KarikamMaA X ’'Trancotr Kanpyir xX mark. mark. his Lupovicu. Martin X his mark, Ezexien xX Asa RiIGARNA.. mark, Daniet KAvezert. Epwarp TYAMvaKA. Jutius MBAKIKIKA. Curestosu KAAHEKE. his Gortrriep KamusupDisE. — JONAS ; Xx Wiitem Kaumunika. mark, Witnesses to signatures, Duncan HeEptey. (Signed) J. W. Caltnes. Otyimbingue, January 5, 1885. We, the undersigned Under Chiefs and Counsellors .of the Herero nation, having read and become fully acquainted with the Deed of Cession of Damaraland to the English Government made by Kamaherero on the 29th of December 1884, affix our signatures hereto as a token of our assent to the terms of said cession, and our full approval of it. We further record that we were unavoidably prevented from attending the meeting at Okahandja on the 29th December 1884. his Zacuarias ZERAWA X mark, his JosepH Hukunana XX mark, his Onesimus Kawapurira X mark, his Lucas Kamatoto X mark, (Signed) Witnesses to signatures, (Signed) {RBS Enclosure 2 in No. 13. Hicu Commissioner to KaMAHERERO. aaa ee Cape Town, arch 5, 1885. a ee received the paper you signed on the 29th of December last offering to subject yourself, your people, and your country, to the Queen of England in Her Government of the Colony of the Cape of Good Hope. I thank you for the offer you have made, which I appreciate as a proof of your good- will towards the British Government, but it is my duty to tell you that it cannot be B 2 12 accepted. Before receiving your present offer, the Cape Ministers had proposed the annexatiou of both Damaraland and Namaqualand, and I send you for your perusal a copy of the letter in reply containing the decision of Her Majesty’s Government. ‘Tne German Government has declared a Protectorate on the coast of Namaqualand and Damaraland for 20 miles inland, and has reserved for a subsequent period a more. definite demarcation of the landward frontier, as the development of the Settlements and of the Colonial traffic may suggest. Her Majesty’s Government, in recognising this Protectorate, have assented to the conditions on which it has been announced to them that it is established, and this being so, it would not be in accordance with international comity to annex the territory im ne- diately adjacent to the existing German limit. Although I am unable to accept your offer, I am very sensible of the friendly feeling which induced you to make it, and I trust that the. good relations which have hitherto existed between your people and the English traders residing in, or visiting, your country, will be continued in time to come. I remain, &c. (Signed) Hercutes Rosrnson, To Kamaherero, Governor, and Her Majesty’s High Commissioner, Paramount Chief of Damaraland. for South Africa. No. 14. The Ricur Hon. raz EARL OF DERBY, K.G., to the Ricut Hon. Str HERCULES ROBINSON, G.C.M.G, Sir, Downing Street, April 2, 1885. Wiru reference to my Despatch of the 17th of February,* I transmit, for your information, the enclosed copies of correspondence + between the Foreign Office and this Department, and I have to request that you will communicate it to Mr. Shippard, and inform him that Her Majesty’s Government adopts the terms used by Prince Bismarck in his instructions to Dr. Bieber relative to the functions of the Com- mission, and that he (Mr. Shippard) is to consider these instructions mutatis mutandis as applicable to himself. . T have, &c. Sir Hercules Robinson. (Signed) DERBY. No. 15. COLONIAL OFFICE to DANIEL DE PASS, Esa. Sir, Downing Street, April 4, 1885. I 4m directed by the Earl of Derby to acknowledge the receipt of your letter of 27th ultimo,t complaining of the damage done to the Guano Islands in the harbour of Angra Pequena by the traffic and settlement of German traders on the mainland. Lord Derby desires me in reply to say that he regrets to hear of the diminution in the yield of the islands, which he hopes is only temporary; but I am to remind you that you have been fully aware, since the date of your lease aud before it, that the annexation of the harbour of Angra Pequena by Captain Forsyth in 1886 had not been adopted by Her Majesty's Government, and no guarantee has ever been given you that settlements on the mainlaud would be prevented with a view to your benefit. I am, &c. Daniel De Pe Esq., (Signed) JOHN BRAMSTON. eC. bs * No. 6. tT Nos. 10 and 12. ft No. 11. 13 No. 16. The Richt Hon. true EARL OF DERBY, K.G., to the Ricur Hon. Sir HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, April 8, 1885. 1 wave the honour to acknowledge the receipt of your Despatch of 11th ultimo,* transmitting a copy of Mr. Palgrave’s report of his proceedings in Damaraland, and also of a letter which you had addressed to the Chief Kamaherero declining his offer to cede his country to Her Majesty the Queen, and I have to convey to you my approval of your communication to the Chief. I have, &c. Sir Hercules Robinson. (Signed) DERBY. No. 17. The Ricut Hon. SR HERCULES ROBINSON, G.C.M.G., to the Ricgur Hon. THE EARL OF DERBY, K.G. (Received April 9, 1885.) Government House, Cape Town, My Lorp, March 18, 1885. Havine communicated your Lordship’s telegram of the 24th February} to Judge Shippard, that gentleman left Graham’s Town on the 27th February, and arrived here on the 2nd instant. The German Consul-General received his instructions on the 13th instant, by the mail steamer which brought me your Lordship’s Despatch of the 17th February,{ and the Commission met for the first time on Monday last, the 16th, when the notifica- tions were issued which will be found in the accompanying copy of the Government Gazette. The Commission, after receiving claims in Cape Town, propose visiting the West Coast, leaving this, if a vessel can be provided for their transport, about the 15th April. i shall be glad to receive instructions as to the mode of defraying the expenses of the Commission. I have, &c. (Signed) HERCULES ROBINSON, The Right Hon. the Earl of Derby, K.G., High Commissioner. &e. &e. &e. Enclosure in No. 17. Hicu Commissioner’s Notice. AnoGra Prquena and Wesr Coast Craims Joint Commission. Government House, Cape Town, March 16, 1885. Ir is notified for public information that a Joint Commission has been appointed to investigate the claims of British and German subjects in respect of property and con- cessions acquired by them, on or near the coast north of the Orange River, before the establishment of the German Protectorate at Angra Pequena and elsewhere on that ast. e The honourable Mr. Justice Shippard has been appointed British Commissioner, and Consul-General Dr. E. Bieber has been appointed German Commissioner. By Command of his Excellency the High Commissioner. ( Signed) Grauam Bower, Imperial Secretary. * No. 13. t Not printed. ft No. 6. B3 14 Anara Pequena and West Coast Craims Jornt Commissron. Notice. Cape Town, March 16, 1885. Wiru reference to the notification by the High Commissioner, dated 16th instant, notice is hereby given that the Commissioners will hold their first official meeting at Government House, on Friday the 27th March 1885. Statements in writing of all claims, addressed to Mr. John Anchitel Ashburnham, should be forwarded to Government House not later than Thursday, 26th March 1885. The Commissioners contemplate proceeding to Angra Pequena and Walfisch Bay in the course of the month of April 1885, for the purpose of receiving further claims and taking evidence. (Signed) S. G. A. Sau:parp, British Commissioner Biezer, German Commissioner. No. 18. Messrs. DE PASS & CO. to COLONIAL OFFICE. 128, Leadenhall Street, London, My Lorp, April 16, 1885. We have the honour to acknowledge the receipt of your letter of the 4th inst.* in reply to ours of the 27th ulto.,+ relative to the mischief done to the Guano Islands at Angra. ; Your Lordship in reminding us that we were fully aware since and before the leases that the annexation of the harbour of Angra in 1866 had not been adopted by Her Majesty’s Government, and that no guarantee was given us that a settlement on the mainland, with a view to our benefit, would be prevented. We apprehend, if your Lordship fully appreciated all the facts, that you would not form this conclusion. The disallowance of annexation alluded to occurred during the period of our unex- pired lease after this lease had been given us as a sort of compensation, so that virtually the leases to us for surrendering our prescriptive rights and claims were broken. At the time we entered upon the final lease dated January 11th, 1869, we did so believing we should be protected by the harbour of Angra, and that the islands therein would suffer no disturbance ; under such favourable conditions an increase yearly of guano would be expected. The annual revenue received by the Cape Government from guano islands is large, and its collection free from expense, a net source of income is derived therefrom, and is yearly increasing, and it would be the duty of the Government to conserve for such increase. As the value of the guano islands is important to the lessees so is the increase of revenue to the Colony. The Government protection to keep these islands preserved was an implied fact, and mutually understood when my late firm gave up 24,000/. of property in Table Bay and surrendered their local rights to the guano islands as original proprietors. Our Claims were not fully met by the short leases forced on us by the Cape Legislature, and by giving us leases of islands which could be rendered valueless. . We trust your Lordship will suspend judgment of the case until the evidence of the Anglo-German Commission is in your possession. : We have, &ec. (Signed) DANIEL DE PASS & CO. The Right Hon. the Earl of Derby, K.G., &e. &e. &e. * No. 15. + No. 11, 15 No. 19. The Rieur Hon. raz EARL OF DERBY, K.G., to the Right Hon. Sm HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, April 28, 1885. Wiru further reference to your Despatch of the 11th of March,* I have the honour to acquaint you that the German Ambassador has expressed the satisfaction of his Government at the terms of your reply to Kamaherero’s offer of allegiance. His Excellency has also suggested that Her Majesty’s Government should express to your Ministers a hope that no endeavour will be made to obtain influence in the country north of the Orange River and west of the 20th degree of east longitude. Such a hope is in conformity with the policy which your Ministers are aware Her Majesty’s Government have adopted in regard to the portion of South Africa in question, and I need only observe on the present occasion that 1 consider the expression “ influence” to apply to political influence, and I have no desire to suggest that the legitimate opera- tions of trade between the Colonists and natives should be curtailed or terminated. ; I haye, &c. Sir Hercules Robinson. (Signed) DERBY. No. 20. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, May 15, 1885. Iam directed by Earl Granville to enclose copy of a note addressed to Count Miinster respecting the notification to Kamaherero and other Chiefs of the arrangement with Germany. I am to state that his Lordship will be glad to be informed of any steps that may be taken for conveying the notification to the Chiefs. I have, &c. The Under Secretary of State, (Signed) T. ¥. LISTER, Colonial Office. Enclosure in No. 20. M. v’ AmBAssADEuR, Foreign Office, May 15, 1885. I nave the honour to inform your Excellency, with reference to our conversation of the 10th ultimo, that Her Majesty’s Secretary of State for the Colonies has instructed the High Commissioner in South Africa that Her Majesty’s Government trust that no endeavour will be made by the Cape Government to obtain influence in the country to the north of the Orange River and west of the 20th degree of longitude. In making this intimation it was explained to him that, in order to prevent misunderstandings as to its nature he should make it clear, as this territory will be under the Protectorate of a friendly Power, it is not to be understood that there is any desire that legitimate trading opera- tions between the Colonists and the inhabitants of those territories should cease. Tt is feared that there may be some difficulty in carrying out the suggestion that the presence cf the Commission at Walfish Bay should be atilised to make known to the Chiefs of Namaqualand and Damaraland the readiness of Her Majesty's Government to see German authority extended inland as far as the 20th degree of east longitude, as the Commission has either left the Cape or is on the point of leaving, and as the South African telegraph cable is unfortunately broken, there would be little prospect of the instructions reaching the Commissioners in time to be of any use. I have, however, to request your Excellency to convey to Prince Bismarck the assurance that the fact that this particular mode of communicating with the Chiefs seems to be impracticable in no “# No. 13. B 4 16 way affects the intentions of Her Majesty’s Government to make the desired communi- cation to the Chiefs, and that instructions wilt be sent to the High Commissioner to cause a notification in the sense desired by the German Government to be made by the first opportunity. I have to add that Kamaherero was informed in an official letter from the High Com- missioner, of the 5th of March, that Her Majesty’s Government had recognised the German Protectorate on the coast and would not interfere with the territory adjacent to it. I have, &c. His Excellency Count Miinster. (Signed) GRANVILLE. No. 21. The Ricut Hon. true EARL OF DERBY, K.G., to the Ricut Hon. Sir HERCULES ROBINSON, G.C.M.G. Sr, Downing Street, May 23, 1885. Wiru reference to previous correspondence on the subject, I transmit to you, for your information, a copy of a Note* that has been addressed by the Secretary of State for Foreign Affairs to the German Ambassador at this Court respecting communications to the Chiefs of Damaraland and Namaqualand as to the British and German lines of demarcation. 2. I shall be glad if, whenever an opportunity occurs for communicating with any of the Chiefs living to the west of the 20th degree of east longitude, you will intimate to them that Her Majesty’s Government have agreed to limit the Queen’s authority to the country eastward of that line, and that if the authority of the German Government should be extended inland up to that line, Her Majesty’s Government will not do anything to interfere with such extension. I have, &c. Sir Hercules Robinson. (Signed) DERBY, No. 22. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, June 9, 1885. I am directed by Earl Granville to inform you that the instructions to the High Commissioner in South Africa respecting Damaraland and Namaqualand, enclosed in your letter of the 23rd ultimo,+ have been communicated to the German Embassy. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. E No. 23. The Ricut Hon. Sir HERCULES ROBINSON, G.C.M.G., to C 3 Ricut Hon. F. A. STANLEY, M.P. (Received August 5, 1885.) = Government House, Cape Town, Sir, : July 15, 1885. I nave the honour to enclose, for your information, copy of a letter which I have received from Mr. Justice Shippard, the British Commissioner on the Angra Pequefia. and West Coast Claims Joint Commission, requesting to be informed of ie nitsntinde * Enclosure in No. 20. t Not printed. 17 of Her Majesty’s Government regarding a number of claims which have been, and are likely to be, laid before the Commission, but are, territorially, beyond the scope of its present instructions. I have, &c. (Signed) HERCULES ROBINSON, High Commissioner. Colonel the Right Hon. Frederick A. Stanley, M.P., &e. &e. &e. Enclosure in No. 23. British Commissioner, West Coast Commission, to Hien Commissioner. Sir, Cape Town, July 7, 1885. I nave the honour to inform your Excellency that a number of claims of British subjects in Damaraland and Great Namaqualand, between 20° E. longitude and the eastern limit of the present German Protectorate, have been laid before the Angra Pequeiia and West Coast Claims Joint Commission, and that I have reason to believe that a considerable number of other claims would be brought forward by British subjects, in the event of the German Protectorate being extended as far as 20° E. longitude. These claims are beyond the scope of the present instructions of the Joint Commission, and I have the honour to ask that your Excellency will be pleased to inform the Right Hon. the Secretary of State of the existence of these claims, with a view to ascertaining the intentions of Her Majesty’s Government in respect thereof. I have, &c. (Signed) S. G. A. Surpparp, His Excellency British Commissioner. The Right Hon. Sir Hercules Robinson, P.C., G.C.M.G., Governor-in-Chief, and Her Majesty’s High Commissioner. No. 24. The Ricut Hon. Sr HERCULES ROBINSON, G.C.M.G., to Cotonet tHe Rieut Hon. F. A. STANLEY, M.P. (Received August 26, 1885.) Government House, Cape Town, August 5, 1885. I wave the honour to enclose, for your information, a copy of a Minute which I have received from Ministers, covering papers respecting the affairs of Damaraland. I enclose also copies of the reply which I have addressed to Ministers, and of letters addressed to the Chiefs Kamaherero and William Christian. I have, &c. (Signed) HERCULES ROBINSON, Col. the Right Hon. Frederick A. Stanley, M.P., High Commissioner. &c. &c. &c. Sir, Enclosure | in No. 24. Ministers to Governor AnD HicH Commissioner. Minute. Colonial Secretary’s Office, Cape ‘Town, July 28, 1885. In transmitting to his Excellency the Governor and High Commissioner copies of the correspondence specified in the annexed Schedule, respecting the affairs of Damaraland, Ministers have the honour to request that his Excellency may be pleased earnestly to urge Her Majesty’s Imperial Government to refrain from forcing the inhabitants of that country to acquiesce in German annexation. 2. . (Signed) Tuomas Upineron. U 50462. Cc 18 SCHEDULE. No. Date, From whom. Subject. Sent to Secretary of State. 1 | 24th Feb. 1885, Mr. W. Coates- Reporting result of his mission || (in) Despatch of 11th March with annexures. Palgrave. to Damaraland. 1885, llth June 1885, with an annexure. 7th April 1885, with annexures, Mr. P. J. de Smidt R.M., Walfish Bay Cession of Damaraland to the Colonial Government. Respecting the views of the Damaras on the subject of Do.* Despatch of 24th June 1885, German annexation, Enclosure 2 in No. 24. Governor anp Hico Commisstoner to MINISTERS. Munvte. Government House, Cape Town, July 30, 1885. Tue Governor begs to acknowledge the receipt of Ministers’ Minute of the 28th instant, covering a report by Mr. Coates-Palgrave, and other papers respecting the affairs of Damaraland. 2. The Governor begs to acquaint Ministers that all these papers have already been communicated to the Secretary of State, who has approved of the reply sent by the High Commissioner to Kamaherero through the Native Affairs Office on 5th March last, declining the Chief’s offer of the cession of his country. 3. The Governor begs also to refer Ministers to the Secretary of State’s Despatch of the 28th April last, forwarded to Ministers under cover of his Minute of the 23rd May, and also to the Secretary of State’s Despatch of the 23rd May, forwarded under cover of Minute of 23rd June. 4, Ministers will observe that Her Majesty’s Government have agreed to limit the Queen’s authority to the country eastward of the 20th meridian of east longitude, and that if the authority of the German Government should be extended inland up to that time Her Majesty’s Government will not do anything to interfere with such extension. 5. Her Majesty’s Government have also expressed a hope that no endeavour will be made by Ministers to obtain political influence in the country north of the Orange River and west of the 20th meridian of longitude, and the Governor trusts that Ministers will be so good as to instruct the various frontier officers accordingly. 6. Letters conveying the decision of Her Majesty’s Government have already been addressed to the Chiefs Kamaherero and William Christian, and the Governor thinks that no encouragement should be given to any expectation that the decision will be reversed. (Signed) Hercures Roszinson, Governor and High Commissioner. ~ Enclosure 3 in No. 24. From Governor anp Hien Commissioner to Winitam CurisTian, Chief of the BonDELswaarts. Government House, Cape Town My Frienp, j July 9, 1885. : I wave been instructed by Her Majesty’s Government to let you know that they have agreed to limit the Queen’s authority to the country east of the 20th degree of longitude and that if the authority of the German Government should be extended inland up to that line,’ Her Majesty’s Government will not do anything to interfere with auch extension. _ Lremain, &c. (Signed) Hercutes Rosinson, Governor and High Commissioner. * This letter was not received in that Despatch (No. 13). 19 -- Enclosure 4 in No. 24. From Governor anp Hien Commissionzr to Kamanerero, Paramount Chief of Damaraland. Government House, Cape Town, My Frenp, July 30, 1885. I wave been instructed by Her Majesty’s Government to acquaint you that they have agreed with the German Government to limit the Queen’s authcrity to the country to the east of the 20th meridian of east longitude, and that if the authority of the German Government should be extended up to that line, Her Majesty’s Government will not do anything to interfere with such extension. I remain, &c. (Signed) Hercutes Rosinson, Governor and High Commissioner. No. 25. Coronet tHE Rigut Hon. F. A. STANLEY, M.P., to the Ricur Hon. Sir HERCULES ROBINSON, G.C.M.G. ‘TELEGRAPHIC. 3rd September 1885. In reply to your Despatch* Angra Pequeiia Commission should not deal with cases beyond their original instructions. Send abstract of Report as soon as possible, No. 26. Tre Ricut Hon. Sm HERCULES ROBINSON, G.C.M.G., to CotoneL THE Ricut Hon. F. A. STANLEY, M.P. (Received September 17, 1885.) TELEGRAPHIC. 17th September. Referring to your telegram of 3rd September,} Shippard’s West Coast Report went home yesterday. Following brief abstract :—Both Commissioners admit certain claims, reject others, and upon some do not agree. Following main points of difference: British Commissioner considers islands in leases of 1869, although not annexed to Colony, to be British, and the claims under lease valid; German Commis- sioner disagrees. British Commissioner considers De Pass, Spence, and Co.’s pro- prietary claims on mainland, under grants from Chief David Christian of 1863 and 1864, including entire coast of Angra Pequefia, to be valid ; German Commissioner disagrees. British Commissioner considers De Pass, Spence, and Co.’s claims for rent of German factory at Angra Pequefia, and for compensation for damage done to Penguin Island through such factory on mainland opposite, valid; German Commissioner disagrees. No. 27. The Ricur Hon. Sm HERCULES ROBINSON, G.C.M.G., to Cotonen THE Ricut Hon. F. A. STANLEY,.M.P.. (Received October 7, 1885.) Government House, Cape Town, Sir, September 16, 1885. I wave the honour to enclose a copy of a letter which I have received from: Mr. Justice Shippard, the British Commissioner on the Angra Pequena and West Coast Claims Joint Commission, submitting to Her Majesty’s Government his report upon all matters investigated by the Commission. I have, &c., vas | (Signed) HERCULES ROBINSON, Colonel the Right Hon. Frederick A. Stanley, M.P., High Commissioner, — &e. &e. &e. * No, 23, + No. 25. Q Lo 20 Enclosure in No. 27. Barris Commissioner, West Coast Claims, to His Excellency the Hicu Commissioner. Sir, Cape ‘Town, September 16, 1885. I nave the honour to transmit heréwith in duplicate, and beg to submit to Her Majesty’s Government, through your Excellency, my report upon. all matters investi- gated by the Angra Pequena and West Coast Claims Joint Commission, specifying the points upon which I have come to an agreement with my German colleague, and the points on which we do not agree, together with my reasons for the conclusions at which I have arrived. With the greatest respect, I have, &c. (Signed) S. G. A. Suipparp, British Commissioner. His Excellency the Right Hon. Sir Hercules Robinson, G.C.M.G., &e. &e. &e. INSTRUCTIONS. Government House, Cape Town, Sir, March 16, 1885. I nave the honour to enclose, for your information and guidance, a copy of a Despatch* which I have received from the Secretary of State, containing your instructions as British Commissioner on the Joint Commission appointed to investigate the claims of British and German subjects on the West Coast. You should read these instructions to your colleague, Dr. Bieber. T have, &c. The Hon. Mr. Justice (Signed) Hercu.es Rosinson, S. G. A. Shippard, M.A., D.C.L., High Commissicner. Cape Town. Government House, Cape Town, Sr, April 24, 1885. Wirn reference to my letter of the 16th March, I have the honour to enclose, for your information and guidance, a copy of a Despatcht which I have received from the Secretary of State, directing that the terms used by Prince Bismarck in his instructions to Dr. Bieber shall mutatis mutandis be applicable to you. I have, &c. - The Hon. Mr. Justice (Signed) Hercuies Rosinson, S. G. A. Shippard, M.A., D.C.L., High Commissioner. British Commissioner, West Coast Claims. f [The English translation of Prince Bismarck’s instructions, enclosed as above-mentioned, has been compared by the German Commissioner with the original in his possession, and ‘found to be inexact. The following translation has been carefully revised and may be regarded as correct. ] (Translation.) Prince Bismarck to Herr Bieser. Berlin, 11th March 1885. Tae scope of the inquiry of the Jomt Commission, on which you had been designated to the British Government as our Commissioner, was specified in my Despatch of the 19th October last in accordance with the state of the negotiations between the two Governments at that time. A difference of opinion which subsequently arose with respect to the isiands off the coast of Angra Pequena has been settled in the course of last month. By a Despatch from Lord Derby, dated the 17th ultimo, his Excellency Sir Hercules Robinson has been requested to communicate instructions to your British colleague, Mr. Shipperd, and the last obstacle to the commencement of the negotiations has been removed by Mr. De Pass’ renunciation (brought to my knowledge on the 22nd ultimo), * No. 6. Tt No. 14, 21 of his demand to appear in person before the Commission. You will therefore enter on the same as soon as Mr. Shippard is ready to do so, and the following instructions will serve for your guidance. | On the one side our protectorate between the mouth of the Orange River and Cape Frio, with the exception of Walfisch Bay and the small surrounding territory, the boundaries of which are laid down on the English Admiralty Chart and in the Annexation Act of the 22nd July 1884, and on the other side, the British Sovereignty over the Islands named in the letters patent of the 27th February 1867 are to be beyond discussion. It will be the duty of the Commission to examine the claims to private property and concessions which subjects of the one power allege they had acquired in the territory of the other before the German protectorate was proclaimed, and to give their opinion on such claims. An important element in this inquiry will be the investigation of the claims put forward by British subjects on the ground of the lease granted by Sir P. Wodehouse in 1869 with respect to the islands, rocks, and reefs not named in the letters patent of the 27th February 1867. _ You will make arrangement with your British colleague as to the mode of your joint procedure ; and if Sir Hercules Robinson causes a notice to be published warning British subjects to file their respective claims with the Commission, you will publish a corres- ponding notice to German subjects in a suitable Cape Town paper, and also in the German Official Gazette. The expenses incurred for clerical assistance and for the eventual aid of interpreters will be borne in equal shares by the two Governments. If it should be necessary for you to repair to the spot, either an English or a German man-of-war will, if possible, be placed at your disposal. You will report from time to time on the progress of the negotiations. (Signed) Von Bismarck. The Imperial Consul-General Herr Bieber, Cape Town. Report of THE British ComMMISSIONER. Extract. I nave the honour to recapitulate the points upon which I have come to an agreement. with my German colleague, and the points on which we do not agree, as follows :— A.— Henry Cuapman. The Commissioners have agreed that they cannot entertain the claim of Mr. Henry Chapman to the “ Matchless Mines” near Rehoboth, beyond the limit of the German protectorate, inasmuch as such claim is beyond the scope of the inquiry of the Joint Commission. C.—Henry Witi1am Carrineton Witmer, Georce Evensen, Freperick Cures Deaay. The Commissioners have agreed to admit the claims of Messrs. Henry William Carrington Wilmer, George Evensen, and Frederick Charles Deary, to 1.) Sixteen English square miles, including the Hope Mine as centre ; (2.) Sixteen English square miles, including the Naramas Mine as centre ; 3.) Sixteen English square miles, containing the Umib Nickel Mine as centre ; (a3 A general mining concession from Piet Haibib, for 31 years from the 19th August 1882, at a royalty of 10s. per ton. D.—Rueniso Missionary SOCIETY. The Commissioners have recommended to the Government of the Cape of Good Hope through his Excellency the High Commissioner, after survey, to grant to the Rhenish Missionary Society : co oe (1.) Title to or land at Walfisch Bay, whereon a mission church and buildings “are erected, save that the British Commissioner has called attention to the necessity of reserving a road between the Government offices and the premises of the Khenish Missionary Society. C 3 22 ‘2.) Title to certain land at Sandfontein in the Walfisch Bay territory, with buildings : thereon, now occupied by the schoolmaster Nicodemus Davids : (3.) The following servitudes as heretofore enjoyed, viz. :— (a.) To cut wood for fuel on the downs near Walfisch Bay ; (0.) To draw water for cattle from the springs at Sandfontein and Wortel ; (c.) Free pasturage in the direction of Wortel and other neighbouring pasture grounds. E.—Merrens anp SICcHEL. The Commissioners agree in recommending similarly a grant of title in favour of Messrs. Mertens and Sichel for a piece of reclaimed ground at Walfisch Bay, or in default thereof ancther site suitable for a store. F.—Lupwic Kocu. The Commissioners agree in similarly recommending a grant to Mr. Ludwig Koch of title for a piece of land, with buildings thereon at the back of Higgs’ store at Walfisch Bay. K.—B. Pineram. The Commissioners concur in similarly recommending a grant of title for certain property at Walfisch Bay bought from Mr. B. Pilgram by Mr. August Schmerenbeck. G.—ANDERS OBLSSON. The Commissioners agree in declining to entertain the claims of Mr. Anders Ohlsson within the Walfisch Bay territory, inasmuch as he is a naturalised British subject; and they also agree in refusing to entertain the claims to property held by him under the style or firm of A. W. Eriksson and Co., at Omaruru and Rehoboth as being beyond the scope of their inquiry. H.—Great Namaqua Minine Company. The Commnssioners agree in rejecting the claim put forward by Mr. G. F. Carstens for payment of 25,000/. in respect of an alleged mineral concession irom the late Chief David Christian to the Great Namaqua Mining Company in March 1855. L.—W. Wortuineton JoRDAN. The Commissioners agree in declining to entertain the claim of Mr. William Worthing- ton Jordan to land at Rehoboth as beyond the scope of the inquiry of the Joint Commission. ; The Commissioners do not agree in respect of the following claims, viz. :— B.—Rosert. Lewis. _ The British Commissioner admits and the German Commissioner rejects the claim of Mr. Robert Lewis to a lease of the Ebony Mine from Kamaherero, Paramount Chief of Damaraland, for 21 years from the 21st September 1877. G.-—ANDERS OHLSSON. With regard to Mr. Anders Ohlsson’s claim to title for land used for his fishery at Sand- wich Harbour the British Commissioner admits the same, while the German Commis- sioner is only prepared to recommend that Mr. A. Ohlsson be not disturbed so long as he carries on his fishery there. I.—F. A. E. Liperrrz. J.—De Pass, Spence, anp Co. 1.—Islands, Islets, and Rocks. With respect to the islands, islets, and rocks between Hollamsbird and Sinclair’s Island not annexed to the Cape Colony by the Ichaboe and Penguin Islands Act, 1874, ¢ 23 but included in the lease of the 11th January 1869, the British Commissioner holds that the same are to all intents and purposes British territory, and that the present lessees are in iawful possession thereof. The German Commissioner contends that Sir Philip Wodehouse acted wléra vires in granting a lease of the said islands, islets, and rocks, and that the same are included in the German protectorate. 2.—Shark Island. The British Commissioner holds that Shark Island is British and in the lawful possession of Messrs. De Pass, Spence, and Co. The German Commissioner contends that Shark Island is within the German protec- torate and excluded from the lease of the 11th January 1869. 3.—Hottentot Bay. The British Commissioner is of opinion that De Pass, Spence, and Co. have established a valid title to their guano diggings at Hottentot Bay. The German Commissioner denies their legal title, but admits their equitable right on the ground of undisturbed possession for 35 years. 4.—Sandwich Harbour. The British Commissioner holds that Messrs. De Pass, Spence, and Co. have established their right to claim legal title for the site of their fishing establishment at Sandwich Harbour. The German Commissioner only recommends that they be not disturbed so long as they carry on their said fishery. 5.— Claims to exclusive use of the Harbour of Angra Pequena, to the shores thereof, to the right of fishing inside the said Harbour and to the sole use of the Lagoon. ‘The Commissioners agree that the use ofa harbour cannot be exclusive. The British Commissioner regards the other rights claimed as merged in the ownership of the coast land from Angra Pequena to Baker’s Cove inclusive. The German Commissioner rejects all these claims, but has no doubt that the German South-West African Colonization Company will not object to Messrs. De Pass, Spence, and Co. continuing to use the shores of the bay for the purposes of their coasting and guano business. 6.—Grant of 1863. The British Commissioner admits, and the German Commissioner denies, the validity of the grant of coast land from Angra Pequena to Baker’s Cove and inland to longitude 15° 50’ east piven by the late Chief David Christian to Captain Benjamin Sinclair on behalf of Messrs. De Pass, Spence, and Co. on the 21st September 1863. 7.—Deed of 1864. The British Commissioner holds that by the grant of the 21st September 1863, ratified by the deed of the 9th December 1864, Messrs. De Pass, Spence, and Co. have become the owners of the coast land from the latitude of Gallovidia at the north of Angra Pequena to Baker’s Cove, and inland to longitude 15° 50’ east, and that they have also acquired the sole and exclusive right to all minerals within the territory of the late Chief David Christian and his successor the present Chief Joseph Fredericks as well asa lease of a mountain called Rapoenberg for 40 years from the 9th December 1864. The German Commissioner contends that they only acquired thereby a precarious con- cession, since withdrawn by Joseph Fredericks by virtue of his sale of the same land, &c. to Mr. F. A. E. Liideritz. The German Commissioner bases this contention on the use of the word “ vergunning ” in a Dutch copy of the original English deed of grant of the Oth. December 1864; but at the same time while denying that prescription can run in their favour admits that Messrs. De Pass, Spence, and Co. have had undistarbed enjoy- ment of the said tract of land for nearly 20 years. <= C4 24 8.—Claims of Captain J. Spence to 1,0001. per annum for rent of land occupied by the German Factory at Angra Pequena, and to 89,2051. as damages for loss of guano from Penguin Island through disturbance of birds by the Germans. The British Commissioner admits the claim of Captain Spence to rent as consequent on the ownership of the coast land at Angra Pequena, and accepts the calculations made by Captain J. Spence as a fair basis for estimating damages subsequent to the German occupation, subject to the deduction of the proceeds of all guano actually taken, and to be taken from Penguin Island during the residue of the lease which expires in August 1895, The German Commissioner rejects both claims as new, i.e., presented after the 5th May 1885, the date for the final filing of claims before the Jomt Commission, and also relies on an admission by Captain Spence as to his northern boundary being latitude 26° 37’ 52” south. , : The German Commissioner acknowledges that there has been a falling off of yield of guano from Penguin Isiand in consequence of and since the establishment of the German Factory on the mainland opposite to Penguin Island, but denies liability because he contends that the damage has not been caused maliciously. The British Commissioner is of opinion that it is not necessary to prove malice in order to establish liability under such circumstances. S. G. A. Surpparp. No. 28. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, October 10, 1885. I am directed by Secretary Colonel Stanley, to transmit to you a‘'volume* received through the Governor of the Cape of Good Hope, containing the proceedings and evidence taken before the Anglo-German Commission appointed to consider claims at Angra Pequena and elsewhere on the south-west coast of Africa. A long covering report} has also been received from the English Commissioner, which is being put in type, and which will be communicated to you when printed, with an expression of Colonel Stanley’s views on the points raised. Iam, &c. The Under Secretary of State, (Signed) R. H. MEADE. Foreign Office. No. 29. The Rieut Hon. Str HERCULES ROBINSON, G.C.M.G., to Coronet tHE Ricut Hon. F. A. STANLEY, M.P. (Received October 16, 1885.) Government House, Cape Town, Sir, . September 24, 1885. I nave the honour to forward copy of an extract from a letter addressed to me by the British and German Commissioners on West Coast Claims, pointing out that the limits of the Walfisch Bay territory were incorrectly described in. the Proclamation of Staff-Commander Dyer of the 12th March 1878, and that the erroneous description has been repeated in the Letters Patent of the 14th December 1878, in the Walfisch Bay Annexation Act of 1884, and in my Proclamation of the 7th August 1884. 2. Having forwarded this letter to Ministers, they suggested that I should issue a fresh Proclamation giving the correct description of the limits of the territory, but, as I doubted whether it was legally competent for me to adopt this course, I’ consulted Judge Shippard, whose opinion, which is adverse to the suggestion, is enclosed. 3. The mistake has arisen through Commander Dyer calling the hill near the centre of the eastern boundary “ Rooibank,” whereas the real name of it is “ Rooikop.” “ Rooibank ” and “ Scheppmansdorf” are two names for the same place, which is a * Not printed. tT No. 27. 25 township situated on both banks of the Kuisip River. The eastern boundary line therefore, as defined in the description of it given in Commander Dyer’s Proclamation, would run in a straight line from Scheppmansdorf to the Swakop river, instead of, as intended by Commander Dyer, round by Rooikop (miscalled Rooibank), as shown in Imray’s chart of the West Coast, a tracing of which is annexed. 4. It will thus be seen that there is no difference of opinion between the British and German Commissioners as to the real eastern boundary of the Walfisch Bay territory, but that it has been incorrectly described in the various documents defining it. I shall be glad, therefore, to be informed whether it would be competent for me to amend by Proclamation the error in the description, substituting ‘“ Rooikop” for “ Rooibank,”’ or whether amended Letters Patent and a fresh Colonial Annexation Act will be necessary, as suggested by Judge Shippard. 5. It would be well, however, before issuing any new Proclamation or Letters Patent, to wait the completion of the survey of the boundaries of Walfisch Bay territory, now being made by the Colonial Government, as it would be desirable that the limits of the plateau between Scheppmansdorf and Rooikop, which is included in the territory, should be precisely defined. I have, &c. (Signed) HERCULES ROBINSON, Colonel the Right Hon. Frederick A. Stanley, M.P., High Commissioner. &e. &e. &e. Enclosure 1 in No. 29. Extract from joint letter from British and German Commissioners, West Coast Claims, to High Commissioner. Chambers of the Legislative Council, August 14, 1885. * * * * * * * With reference to the boundaries of the Walfisch Bay territory, and the claims of certain German subjects therein, we have the honour to bring to your Excellency’s notice the following points for the information of the Colonial Government :— 1. The limits of the Walfisch Bay territory defined in the Proclamation of Staff Com- mander R. C. Dyer of the 12th March 1878, in the Letters Patent of the 14th December 1878, in the Walfisch Bay and St. John’s River Territories Annexation Act, 1884, and in your Excellency’s Proclamation of the 7th August 1884, should ke corrected as follows, viz.:— mt Scheppmansdorp should be described as Scheppmansdorf, or Rooibank; and what is called the “ Rooibank ” should be “ Rooikop.” The Admiralty charts should aiso be corrected accordingly. The eastern boundary indicated on Dr. Theophilus Hahn’s map, published in 1879, and copied in Juta’s map of 1885, is incorrect. * * * * * * * We have, &c. (Signed) S. G. A. Surpparp, British Commissioner. His Excellency, ; BIEseER, = The Right Hon. Sir Hercules Robinson, G.C.M.G., German Commissioner. &C. &e. &e. Enclosure 2 in No. 29. Opinion by Jupce SHIPPARD. Walfisch Bay Territory. Proposed Amendment of Description of Boundaries. Cape Town, September 11, 1885. I am of opinion that it is not legally competent for his Excellency the Governor to amend by rece lrnation the errors in the description of the boundaries of the Walfisch Bay territory. ? U 50462. D 26 The errors to which attention was called in the letter of the Commissioners for - the Angra Pequena and West Coast Claims dated the 14th August.1885. are due to. the original misdescription in the Proclamation issued by Staff Commander. Richard C.-Dyer on the 12th March 1878, and are repeated in the Letters Patent of the 14th December 1878, authorising the annexation of the Walfisch Bay territory to. the Cape Colony, as also in the Proclamation No. 184 of 1884, and in the Walfisch Bay and St. John’s’ Rive Territories Annexation Act (No. 35), 1884. * ‘The Act is very carelessly drawn, to say nothing of its mixing. up two distinct sub: jects. In the preamble, in the fifth line from the top, the words ‘on the east by a line “ from Scheppmansdorf”’ are omitted before the words “to the Rooibank,” so that the preamble is nonsense as it stands, and does not agree with the enacting clause. This Act should be repealed as soon as possible, and two Acts should be passed dealing separately with the Walfisch Bay territory, and the St. John’s River territory respectively, and it would be worth while to draw the new Acts correctly. Meanwhile his Excellency the Governor would, in my opinion, be acting ultra vires were he to attempt to correct the errors by Proclamation. Moreover, the Letters Patent authorising the annexation are inaccurate through tio fault of those who prepared them. I would beg to suggest that the attention of Her Majesty’s Government should be called to the expediency of issuing. amended Letters Patent before Parliament mects here. Before any alteration of charts is proposed to the Admiralty, I would beg to suggest the advisability of awaiting the completion of the plan which Mr. Wrey will probably be soon able to furnish, as I understand he has already made good progress with his survey of the boundaries. (Signed) S. G. A. Sureparp. No. 30. COLONIAL OFFICE to: FOREIGN OFFICE. Str, Downing Street, October 22, 1885. J am directed by Secretary Colonel Stanley to transmit to you, to be laid before the Marquis of Salisbury, a copy of a Despatch * from the Governor of the Cape of Good Hope reporting that the Anglo-German Commission, has: by a joint letter called his attention to the fact that the boundaries of Walfisch Bay are misdescribed in Commander Dyer’s original proclamation of annexation, Her Majesty’s Letters Patent of 1878, and the Cape Annexation Act of 1884. _ It will be noticed that a survey of the boundaries was in progress, and Colonel: Stanley has requested that the surveyor’s description of the boundaries may be forwarded as soon as possible for the use of Her Majesty's Government. . When this is received he would suggest that fresh Letters Patent should be issued, giving the full,and exact description as supplied by the surveyor, and that it might be intimated to tue German Government before the Letters Patent are issued that such is the exact description of the limits of our territory. _ Colonel Stanley would be glad to know if this proposed course meets with Lord Salisbury’s approval. Iam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 31. Cotonet THE Ricur Hon. F. A. STANLEY, M.P., to the Ricur Hon. Sm HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, October 24, 1885. e I nave the honour to acknowledge the receipt of your Despatch of the 24th of September *, relative to the misdescription of the boundaries of:.Walfisch Bay in the * No. 29. 27 original proclamation of annexation and subsequent instruments, and I have to request that you will furnish. me, as soon as may: be possible, with a-full and exact description of the boundaries as ascertained by the surveyor who you report to be engaged in surveying the territory. I will take a further opportunity of acquainting you with the manner in which Her Majesty’s Government may decide to settle the difficulty which has arisen. it I have, &c. Sir Hercules Robinson. (Signed) FRED. STANLEY. No. 32. FOREIGN OFFICE to COLONIAL OFFICE. - Foreign Office, November 2, 1885. I am directed by the Marquis of Salisbury to request that you will inform the Secretary of State for the Colonies that his Lordship concurs in the course which, as stated in your letter of the 22nd ultimo,* Colonel Stanley proposes to take relative to the certification of the boundaries_of British territory at. Walfisch Bay, as stated in your letter. SIR, ci I am, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. No. 33. THE ABORIGINES PROTECTION SOCIETY to COLONIAL OFFICE. ‘Aborigines’ Protection Society, 6 Room, Broadway Chambers, Sir, 4, Broadway, Westminster, S.W., January 5, 1886. On behalf.of the'Committee I have the honour to inform you that Kama Heroero, Paramount. Chief of the Damaras, has written a letter to the Society. Although it. is dated August 29th its transmission was long delayed, and therefore we decided that before troubling you on the subject we would wait for later information as to the events that were taking place in Damaraland. yyy The Chief complains that although the Damaras gave their country to the British in 1876, and again in 1884, the Germans threaten to seize it, and to bring war and destruc- ' tion upon the natives. In'the name of his people he repudiates any wish to come under German rule, and asks the British Government to fulfil the promise made to the Damaras by Mr. Palgrave when he resided as British Agent at Okohandja. Since the receipt of his letter we have received information to the effect that on October 21st the Germans proclaimed a protectorate over Damaraland in the presence of Kama Heroero. Under ordinary circumstances it would be natural to infer that he was a party, to the establishment of German authority in his country; but his friends enter- tain the gravest doubts as to whether he acted as a free agent in the matter. They point in particular to the fact ‘that his submission was preceded by a fight between the Damaras and the Namaquas in which the former were defeated, and. they express their belief that the battle, with its results, formed part of a scheme for forcing the Chief to comply with the German demands. a The Committee venture to think that if Her Majesty’s Government would direct Prince Bismarck’s attention to these statements, his Highness would decline to ratify Dr. Goering’s acts until he has received authentic intelligence as to the wishes of the Chief and his people. We learn that a vessel from Walwich Bay is due at Cape Town on January 6th, and we hope that she will bring such information as will enable you, Sir, to form a definite judgment upon the subject. I have, &c. The Right Hon. Colonel Stanley, M.P., (Signed ) F. W. CHESSON, &e. &e. &e. Secretary. * No. 30. J) 2 28 No. 34. THE AGENT-GENERAL FOR THE CAPE COLONY to COLONIAL OFFICE. 7, Albert Mansions, Victoria Street, London, S.W., SIR, January 7, 1886. Wir reference to the conversation which I had the honour of having with you yesterday on the subject of the news contained in a Reuter’s telegram published in the morning papers respecting the so-called Republic of Upingtonia, and with reference to a farther Reuter’s telegram in relation to the matter which appeared this morning, I have the honour to forward herewith, for the information of Her Majesty’s Government, a copy of a telegram which I yesterday addressed to the Colonial Government on the subject, together with a copy of the aa i reply, which IT received this morning. ave, &c. (Signed) CHARLES MILLS, Agent-General for the Cape of Good Hope. To the Under Secretary of State for the Colonies. Enclosure 1 in No. 34. From Acent-Generat, London, to Premrer, Cape Town. January 6, 1886. ‘«‘ Excitement Reuter’s cable Upingtonia Republic. Wire facts.” Enclosure 2 in No. 34. From Premier, Cape Town, to Acent-Gengrat, London. January 7, 1886. “Your sixth. Jordan trader alleges purchase part Ovampoland from Chief. Has resold in farms to Europeans who without authority have named district Upingtonia, and established some sort Council. Cape Government never heard of transaction till newspapers had obtained information and have no connexion with matter. They are studiously avoiding all interference north of Orange River as requested by Imperial Government.” No. 35. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, January 12, 1886. I am directed by Secretary Colonel Stanley to transmit to you, to be laid before the Marquis of Salisbury, a copy of a letter* from the Agent-General for the Cspe Colony, relating to the rumoured establishment of an independent republic in Ovambo- land, north of the Orange River. I am, &c. (Signed) JOHN BRAMSTGN. The Under Secretary of State, Foreign Office. No. 36. COLONIAL OFFICE to FOREIGN OFFICE. Sra, Downing Street, January 12, 1886. : I am directed by Secretary Colonel Stanley to transmit to you, to be laid before the Marquis of Salisbury, copy of a communication + from the Aborigines Protection Society respecting the recent action of the Germans in Damaraland. * No. 34. ¢ No. 33. 29 Colonel Stanley apprehends that, having regard to the declarations made by Her Majesty’s Government as to their abandonment of all claims or interests in Damaraland, they could not interfere in the matters referred to in these papers without incurring the risk of a serious misunderstanding with the German Government. I am, however, to request you to call Lord Salisbury’s attention to the telegram from Berlin, which appeared in the “Times” of the 8th instant, reporting the arrival in that city of Herr Dr. Buttner with treaties of protection concluded between the German Empire and a number of Chiefs whose territories lie to the east of the German protec- torate between Cape Frio and the Orange River. It is stated that by these treaties the whole of the south-west of Africa, between Cape Frio and the Orange River, to an inland distance of 22° East longitude, has been placed under the protection of Germany. I am to suggest that Her Majesty's Ambassador at Berlin should be directed to ascertain whether the above telegram is not in error in stating that the German Protec- torate will extend to the 22nd degree of East longitude, as the Government of the Cape Colony and the German Government have already been informed that the British protectorate over Bechuanaland, &c., extends westward as far as the 20th degree of East longitude and northward to the 22nd parallel of South latitude; south of which parallel no less than seven degrees of the territory mentioned in the telegram appear to lie. iam, &c. e The Under Secretary of State, (Signed) ROBERT G. W. HERBERT. Foreign Office. No. 37. Cotone, THE Ricut Hon. F. A. STANLEY, M.P., to the Ricur Hon. Sir HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, January 13, 1886. I wave received from Mr. W. Lawson Kingon, of Cape Town, a letter calling my attention to the fact of a German protectorate having been proclaimed over Damaraland, and urging the interference of Her Majesty’s Government to prevent its confirmation by the German Government. I have to request you to inform Mr. Kingon that I have received his letter, and to make known to him the decision contained in my predecessor’s Despatch of 23rd May last,* which has been already communicated to Kamaherero and the other Chiefs of the country, that ‘‘ Her Majesty’s Government have agreed to limit the Queen’s ‘* authority to the country eastward of the 20th degree of east longitude, and that if the “ authority of the German Government should be extended inland up to that line, Her ** Majesty’s Government will not do anything to interfere with such extension.” I have, &c. Sir Hercules Robinson. (Signed) FRED. STANLEY. No. 38. COLONIAL OFFICE to the ABORIGINES PROTECTION SOCIETY. Downing Street, January 14, 1886. I am directed by Secretary Colonel Stanley to acknowledge the receipt of your letter of the 5th instant,t relative to a communication from the Damara Chief Kama- herero, complaining of the proceedings of the Germans, and requesting the protection of Her Majesty’s Government. ; Iam ‘ sate in reply that your letter has been referred to the Foreign Office, but that as Her Majesty’s Government have recognised the German Protectorate on the coast of Namaqualand and Damaraland, and as they have also intimated to that Government Sir, * Not printed. Tt Ne. 33. D3 30 that they would not object to the extension inland of the German Protectorate as far as the 20th degree of East Longitude, it does not-appear to Colonel. Stanley to be possible for Her Majesty’s Government to interfere in any way with the extension : of German authority within this limit. Tam, &c. ‘Sot Ses ’ ai ; ~ (Signed) ROBERT G. W. HERBERT. The Secretary to the Aborigines Protection Society. pi Saree No. 39. The Riaut Hon. Sr HERCULES ROBINSON, 'G.C.M.G., to Coronet tHe Ricur Hon. F. A. STANLEY, M.P. (Received January 15, 1886.) i Sir, Government House, Cape Town, December 23, 1885. I nave the honour to enclose, for your information, copy of a letter which I have received froma Mr. R. Lewis. who professes to write. on behalf of the Damara Chief Kamaherero. IT enclose also copies of the reply sent to Mr. Lewis. I have, &c. (Signed) HERCULES ROBINSON, Colonel the Right Hon. F. A. Stanley, M.P., High Commissioner. &c. &e. &e. : Enclosure 1 in No. 39. Mr. R. Lewis to High Commissioner. Sir, Okahandja, Damaraland, September 10, 1885. I am desired by the Chief, under Chiefs, and people of Damaraland to seek your aid in the withdrawal of one W. W. Jordan who is going about buying certain tracts of country belonging to me, so causing differences which would not otherwise arise. For instance he has purchased Raipoort from the Hottentots to whom it certainly does not belong. He has further bought at Ondonga from an Ovampo minor Chief, certain land on my northern territory, including Otavie. He is buying from whom he can, whether they have the power or right to sell ornut. This to him seems to be outside the question altogether. I would here further state that we do not acknowledge any such purchases. His last scandalous transaction will, together with his previous doings, cause him to lose his life. It is thus: He, Jordan, visited an Ovampo Chief. .. He asked the Chief to take brandy, which he did, and within one hour of his having taken it he died, having, the natives say, and strongly assert, been poisoned. It does seem strange that.directly the Chief left him, he, Jordan, started off as hard as he could ride; the people followed him for along distance but could uot overtake ; they however in revenge murdered two or three Romish priests, and one woman, the wife of Sabatta. He, Sabatta, rode away firing upon the people, and so saved his life. They declare they will kill Jordan if they can lay hands upon him. Now the Damaras are so enraged against him for his past doings that the Chief wiil not hold himself responsible for what the people may do to him, so that he trusts the Government will take some action in the matter and so prevent them from committing themselves. Jordan has had warning what will be the consequences to himself should he be caught. The white population second the Chief in thus advising you of’ Jordan’s actions as they know that the Damaras do not wish to compromise themselves with any power. What they want is to live in peace and not be subjected to the. annoyances of .evil disposed people. Iam, &c. His Excellency the High Commissioner, (Signed) R. Lewis. Cape Town. 31 Enclosure 2 in No. 39. ImperraL Secretary to Mr, R. Lewis. Sr,’ ay Government House, Cape Town, December 23, 1885. I am directed by his Excellency the High Commissioner to acknowledge the receipt of-your letter of the 10th September last, complaining on behalf of the Chiefs and people of Damaraland of the conduct of Mr. W. W.:Jordaan, and asking for his withdrawal. . . , ‘ In reply, I am directed to say that Her Majesty’s Goverriment does not exercise any authority westward of the 20th meridian of east longitude, and that your ‘complaint had better be addressed to the German Commissioner for the West Coast. I have, &c. a ‘M.., R. Lewis, (Signed) Granam Bower, Okahandja, Damaraland. Imperial Secretary. No. 40. CotoneEt THE Ricut Hon. F. A. STANLEY, M.P., to the Riagur Hon. fie Sir HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, January 21, 1886. I wave the honour to acknowledge the receipt of your Despatch of the 23rd of December,* forwarding copy of a letter addressed to you by Mr. R. Lewis on behalf of the Damara Chief Kamaherero and of the reply which you had caused to be returned to him. I have to express my approval of your action in this matter. I have, &e. Sir Hercules Robinson. (Signed) FRED. STANLEY. No. 41. FOREIGN OFFICE to COLONIAL UFFICE. —_ Foreign Office, January 26, 1886. ‘I-am directed by the Marquis of Salisbury to acknowledge the receipt of your ‘letter of the 12th instant,+ on the subject of the recent action of the Germans in Damaraland. ; I am to inform you, in reply, that his Lordship concurs in the views expressed by the Secretary of State for the Colonies, that Her Majesty’s Government cannot interfere in the face of the understanding with Germany. ‘Lord Salisbury has, however, sent in- structions to Her Majesty’s representative at Berlin, in the Despatch of which a copy is enclosed, to call the attention of the German Government to the telegram in the «Times ” of the 8th instant, quoted in your letter, without making a formal representa- ‘Sir, tion. Iam, &c. uit'The Under Secretary of State,-- (Signed) P. W. CURRIE. Colonial Office. _ Enclosure in No. 41. Sir, Foreign Office, January 26, 1886. __ [ rransmrr herewith copies of correspondence between this department and_the Colonial Office, relative to the action of the Germans in Damaraland, and a telegram which appeared in the “ Times” of the 8th instant, reporting that Treaties of protection : * No. 39. + No. 86. D4 32 had been cuncluded between the German Government and a number of native Chiefs whose territories lie to the east of the German Protectorate, between Cape Frio and the Orange River. The new protectorate is stated in the telegram to extend to the 22nd degree of East longitude. The statement as to its extent is probably erroneous, as the German Government are aware that the British Protectorate over Bechuanaland and other districts extends westwards as far as the 20th degree of East longitude and northwards to the 22nd parallel of South latitude, south of which parallel no less than seven degrees of the territory mentioned in the telegram appear to lie. I have to request your Excellency, without making a representation on the subject, to call Count Bismarck’s attention to the statement in the ‘‘ Times” telegram and to speak in the sense of the above observations. Iam, &c. His Excellency Sir Edward Malet, K.C.B., (Signed) SALISBURY, &e. &e. &e. No. 42. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, January 29, 1886. I am directed by Her Majesty’s Secretary of State for Foreign Affairs to transmit to you, to be laid before the Secretary of State for the Colonies translation of a com- munication which has been received from the German Ambassador at this Court, announcing the addition of certain districts to the South-west African Protectorate of Germany. ‘ Tam, &c. The Under Secretary of State, (Signed) P. W. CURRIE. Colonial Office. Enclosure in No. 42. My Lorn, German Embassy, January 26, 1886. In accordance with my instructions, I have the honour to inform your Excellency that the territories which are situated eastward of the South-west African Protectorate of the Imperial Government, and which belong to the Namaquas of Berseba and Gibeon, to the Bastards of Rehoboth, to the Herero, and to the Red People, have, in con- sequence of Treaties which have been concluded with the local Chiefs, been placed under the protection of the Empire. I have, &c. The Right Hon. (Signed) Harzvecpr. The Marquis of Salisbury, K.G., &c., &c. No. 43. CotoneL THE Ricut Hon. F. A. STANLEY, M.P., to the Ricnr Hon. Sm HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, February 3, 1886. 1 nave the honour to transmit to you, for your information and for communication to your Ministers, copies of correspondence* with the Foreign Office respecting the recent extension of the German Protectorate in Namaqualand and Damaraland. IT have, &e. Sik H. Reliason. (Signed) FRED. STANLEY. * Nos. 36, 41, and 42. 33 No. 44. COLONIAL OFFICE to FOREIGN OFFICE. (Extract.) Downing Street, February 3, 1886. Wirn reference to the letter from this Department of the, 10th of October,* enclosing copies of the proceedings of the Anglo-German Commission on English and German claims on the South-west Coast of Africa between the Orange River and the 18th parallel of South latitude, 1 am directed by Secretary Colonel Stanley to state that unfor- tunately the English and German Commissioners have been unable to agree on several important questions, and that at the last sitting of the Commission Dr. Bieber proposed that the Commissioners should in a joint report express their regret at this result, and make such suggestions as, in their opinion, would Jead to and facilitate a final settlement between the two parties. ‘Ihe British Commissioner felt unable to concur in these sug- gestions, which appeared to him to be beyond the scope of his instructions; but it appears to Colonel Stanley that, in the absence of any such report, it will scarcely be possible to arrive at any settlement of these questions ly means of correspondence, and he would therefore suggest that the German Government should be invited to allow the matter to be discussed between Her Majesty’s Secretary of Embassy at Berlin and Dr. Krauel, or some other representatives of the two Governments, with a view to their making joint equitable recommendations for the consideration of their respective Governments. If such a course should appear necessary or convenient a gentleman from this office would be directed to proceed to Berlin to assist in getting up the case. af No. 45. FOREIGN OFFICE to COLONIAL OFFICE. Str, Foreign Office, February 17, 1886. Wirn reference to the letter from this Office of the 29th ultimo,+ I am directed by the Karl -of Rosebery to transniit to you herewith, for the information of the Secretary of State for the Colonies, copy of a Despatch which’ has been received from Her Majesty’s Chargé d’Affaires at Berlin with regard to the recent proceedings of German officials in Damaraland, and stating that the “Times” correspondent was completely mistaken as to the limits of the territory said to have been taken over by them. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No, 45. My. Lorp, Berlin, February 6, 1886. I wave the honour to state that, in compliance with the instructions of your Lordship’s Despatch of 26th ultimo, I took an opportunity to-day of showing Count Bismarck the “ Times’ telegram reporting Dr. Biuttner’s arrival in Berlin, and professing to give the limits of the territory recently acquired from the Damara Chiefs for Germany. Sab od pice aig ; His Excellency, after reading it, said that the “ Times” report was clearly an incorrect one, as the German Government had already recognised the fact of the British pro- tectorate of Bechuanaland, extending as far west as 20° east longitude, and to the 22nd * No, 28. t No. 42. U 50462, E 34 parallel of south latitude in the north, and they had no intention of encroaching in any way upon that territory. He presumed that the correspondent had inserted 22° instead of 20° by mistake, and he had also been incorrect in stating that a White Book was being presented to the Reichstag containing the treaties with i el Chief. »» Lam, &c. The Marquis of Salisbury, K.G., (Signed) C. 8. Scort. &c. &e. &. No. 46. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, February 23, 1886. Wirn reference to your letter of the 12th ultimo,* relating to the rumoured establishment of an Independent Republic in Ovamboland, north of the Orange River, I am directed by the Earl of Rosebery to transmit to you herewith, for the information of Earl Granville, a Despatch from Her Majesty’s Minister at Lisbon on that subject, and to inquire if the Colonial Office have received any further information respecting the State in question. I am, &c. The Under Secretary of State, (Signed) T. V. LISTER, Colonial Office. = Enclosure in No. 46. My Lorp, Lisbon, January 28, 1886. M. vu Bocace asked me yesterday whether I had any information, or could obtain any from Her Majesty’s Government, respecting a new Republican State styling itself “ Upingtonia,” which he said had been lately formed in the interior of Southern Africa to the south and east of Mossamedes, by some Boers and Englishmen. His Excellency told me that the Portuguese Consul at the Cape had reported the establish- ment of this Republic, which must have been very recent, as he had no previous knowledge of its existence, and he was anxious to learn something more about it. I promised that I would ask your Lordship for any information on the subject in the possession of Her Majesty’s Government. Anything likely to mterfere with a free expansion eastward of Portugese territory into the heart of the South African Continent traverses a fixed purpose of Portuguese and Colonial policy, and therefore excites vigilant attention here. I have, &c. The Right Hon. the Marquis of Salisbury, K.G. (Signed) G. G. Perre. &e. &e. _ ~&e. No. 47. The Ricutr Hon. roe EARL GRANVILLE, K.G., to the Rigur Hon, Sir HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, March 1, 1886. Wirn reference to my predecessor's Despatch of 3rd February,+ I have the honour to transmit to you a copy of a letter{ from the Foreign Office enclosing one from Her Majesty’s Chargé d’Affaires at Berlin on the subject of recent German proceedings in Damaraland. I have, &c. Sir H. Robinson. (Signed) GRANVILLE. * No, 35. Tt No. 43. { No. 45. 35 No. 48. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, March 5, 1886 Wirs reference to your letter of the 3rd ultimo,* I am directed by Her Majesty’s Secretary of State for Foreign Affairs to transmit to you, to be laid before the Secretary of State for the Colonies, copy of a Despatch which has been addressed to Her Majesty’s Ambassador at Berlin with regard to the proposed conference on the subject of iinglish and German claims on the South-west Coast of Africa. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 48. Str, | a Foreign Office, March 1, 1886. T rransmir herewith copy of a letter, with enclosures, from the Colonial Office, relative to the failure of the Anglo-German Commissioners appointed to settle the claims of the two countries on the South-west Coast of Africa to come to an agreement on several important questions. It will be seen from the accompanying letter* that it is suggested by the Colonial Office that the German Government should be asked to agree that the points of difference should be settled at Berlin, either by a conference between Mr. Scott and Dr. Krauel or by some other means likely to secure the same end. I have to request your Excellency to address yourself with this view to Count Bismarck, if you think the suggestion practicable, and to report his answer as soon as possible. In the event of the German Government adopting the course suggested a representative from the Colonial Office could be sent to Berlin, to assist you in the discussions, if it were thought that his presence would be advantageous. é Iam, &e. His Excellency Sir E. Malet, G.C.B. (Signed) Rosepery. &e. &e. &e. No. 49. COLONIAL OFFICE to FOREIGN OFFICE. Downing Street, March LO, 1886. In reply to your letter of the 23rd ultimo, t I am directed by Earl Granville to request you to inform the Earl cf Rosebery that this Department is in possession of no further information respecting the establishment of the Republic of Upingtonia in Ovamboland beyond that which was communicated to you in the letter of the 12th January. ; I am, however, to add that Sir H. Robinson is about very shortly to return to this country from the Cape, and Lord Granville will then desire him te furnish any informa- tion in his power. Sir, ‘ I am, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON, Foreiga Office. * No, 44. t No. 46. ft No. 35. E 2 36 No. 50. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, March 13, 1886. Wrru reference to the letter from this office of the 5th instant,* I am directed by the Earl of Rosebery to transmit herewith, for the information of the Secretary of State for the Colonies, a copy of a Despatch from Her Majesty’s Ambassador at Berlin, reporting that he has addressed a note to Count Bismarck suggesting a meeting at Berlin between Mr. Scott and Dr. Krauel for the discussion of the Anglo-German claims on the south-west coast of Africa. Iam, &c. The Under Secretary of State, (Signed ) T. V. LISTER, Colonial Office. Enclosure in No. 50. My Lorn, Berlin, March 6, 1886. I nave the honour to inform your Lordship that I have this day addressed a note to Count Bismarck in the sense of your Lordship’s Despatch of the Ist instant, inquiring whether the Imperial Government would be prepared to entertain a suggestion that the points of difference with regard to the claims of Great Britain and Germany on the south-west coast of Africa should now be settled by a conference at Berlin between Dr. Krauel and Mr. Scott or some other representative of the two Governments. I have, &c. The Earl of Rosebery, K.T. (Signed) E. B. Mater. &e, &e. &e. No. 51. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, March 17, 1886. I am directed by the Earl of Rosebery to transmit to you herewith, to be laid before the Secretary of State for the Colonies, a translation of a communication from the German Ambassador at this Court, relative to a complaint on the part of the Chief of the Red People that his territory has been encroached upon by the northern and western boundary lines of the British Protectorate of Bechuanaland. I am to request you, in calling the attention of Lord Granville to the accompanying communication, to move his Lordship to cause Lord Rosebery to be favoured with any observations he may desire to make on the subject. Iam, &c. The Under Secretary of State, (Signed) . T. V. LISTER. Colonial Office. Enclosure in No. 51. "| RANSLATION. Tue Chief Manasse Noreseb of Hoachanas, Captain of the Red People, has addressed the imperiai Government with the complaint that the western and northern boundary, 20° E. long. and 22° N. lat., fixed by the English Government for its pro- tected district in Bechuanaland, cuts off to the extent of about 600 German square miles a portion of the lands and hunting grounds belonging to the Red People. The bushmen subject to him had lived from time immemorial to a point far east of Nosob. He places his boundary in the east as reaching from the Chamob River to the Nyami, * No. 48. 37 which seems to agree with the boundary which separates the territories of the Hottentots from those of Betschuana. _ The Imperial Government, owing to the distance, is not in a position to judge of the Justness of these claims within the British Protectorate which it has recognised. It would, however, regret if in consequence simply of a boundary drawn according to latitude and ete the Red People should be deprived of lands which have belonged to them for a ong time, No. 52. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, March 19, 1886. Wir reference to the letter from this Department of the 5th instant,* I ain directed by the Earl of Rosebery to transmit to you herewith a copy of a Despatch received from Sir E. Malet, Her Majesty’s Ambassador at Berlin, forwarding a transla- tion of a Note that his Excellency has received from Count Bismarck stating that the Imperial Government agree to a conference being held at Berlin between Doctor Krauel and Mr. Scott for the purpose of a fresh examination into the unsettled claims of British subjects in the districts of South West Africa under the German Protectorate. I am to request that, in laying this letter before Her Majesty’s Secretary of State for the Colonies, you will move his Lordship to be good enough to cause Lord Rosebery to be informed what steps the Colonial Office propose to take upon this intimation made by the Imperial Government. Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 52. My Lorp, Berlin, March 9, 1S86. Wiru reference to my Despatch of the 6th instant, I have the honour to transmit to your Lordship herewith copy and translation of a Note which I have received from Count Bismarck, stating that the Imperial Government agree to a conference being held at Berlin between Dr. Krauel and Mr. Scott for the purpose of a fresh examination into the unsettled claims of British subjects in the districts of South West Africa under the German Protectorate. ; T have, &e. The Earl of Rosebery, K.T., (Signed) Epwarp B. Mater. &e. &c. &c. Berlin, March 8, 1886. Tue undersigned has the honour, in reply to Sir Edward Malet’s Note of the 6th inst., to state that the Imperial Government agrees to the proposal for a new examination into the claims of British subjects in the German Protectorate of South West Africa whicl still remain unsettled. ; : : : : : Privy Councillor Dr. Krauel has been instructed, with this object, to put himself into communication with Mr. Scott, the Commissioner designated by the Government of Spay Sa The undersigned, &c. (Signed) H. Bismarck. * No. 48, 38 No. 53. COLONIAL OFFICE to FOREIGN OFFICE. Downing Street, March 26, 1886. I am directed by Earl Granville to acknowledge the receipt of your letter of the 17th inst.,* enclosing a translation of a communication from the German Ambassador respecting the alleged encroachment upon the territory of the “ Red People” by the northern and western boundary lines of the Bechuanaland Protectorate. 2. Iam to inform you that Earl Granville has no accurate information at present as to the extent of the territories of the “ Red People,” but that he has referred the matter to the Officer Administering the Government of the Cape of Good Hope for any details he may be able to supply. Sir, Iam, &c. The Under Secretary of State, (Signed) R. H. MEADE. Foreign Office. No. 54. The Ricur Hon. tar EARL GRANVILLE, K.G., to Lievur.-Generat | H. D’O. TORRENS, C.B. Sir, Downing Street, March 27, 1886. I rransmit to you copy cf a letter* from the Foreign Office, enclosing a translation of a communication from the German Ambassador at this Court, respecting the alleged encroachments upon the territory of the “Red People” by the northern and western boundary lines of the Bechuanaland Protectorate. 2. I shall be glad to receive any information which may be in the possession of your Government as to the extent of the territories of the “ Red People.” Iam, &c. i (Signed) GRANVILLE. The Officer Administering the Government of the Cape of Good Hope. ee No. 55. COLONIAL OFFICE to FOREIGN OFFICE. (Extract. ) Downing Street, March 27, 1886. 1 am directed by Earl Granville to acknowledge receipt of your letter of 19th instant,t reporting the acceptance by the German Government of the proposal for 2 conference at Berlin between Mr. Scott and Dr. Kravel with a view to the settiement of the claims of British subjects in the districts of South-west Africa which have been brought under the German Protectorate, and asking what steps this Department proposed to take in consequence. In reply I am to state that Earl Granville concurs in the proposal made by his predecessor in the letter from this Department of the 3rd ultimo,{ in which it was stated that if such a course should appear necessary or convenient a gentleman from this office would be directed to proceed to Berlin to assist in getting up the case, and I am to acquaint you that. Lord Granville will be prepared to give effect to this proposal upon learning that it is the wish of Her Majesty’s Ambassador that some one should be sent over to assist Mr. Scott, and upon being informed of the time at which it is desirable that the gentleman selected should be at Berlin. * No. 51. Tt No. 52. t No, 44. 39 No. 56. FOREIGN OFFICE to COLONIAL OFFICE. (Extract.) _ i Foreign Office, March 31, 1886. __ In reply to your letter of the 27th instant,* I am directed by the Earl of Rosebery to state to you, for the information of the Secretary of State for the Colonies, tbat he has inquired of Her Majesty’s Ambassador at Berlin whether he considers the presence of a gentleman from the Colonial Office desirable at Berlin to assist Mr. Scott m getting up the case of the claims of British subjects in tke districts of South-west Africa under the German Protectorate, and if so, when he should be there. No. 57. Mrssrs. DE PASS & CO. to COLONIAL OFFICE. My Lorp, | 128, Leadenhall Street, London, May 7, 1880. We should be happy to hear if any progress has been made in the Angra Pequena and coast claims, as we have not been favoured with any communication of late. We are, &c. To the Secretary of State for (Signed) DANIEL DE PASS & CO. the Colonies. No. 58. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, May 13, 1886. Wirn reference to your letter of the 10th of March} I am directed by the Earl of Rosebery to inquire whether any information has yet been obtained from Sir H. Robinson respecting the establishment of the Republic of Upingtonia in Ovamboland. The Portuguese Minister, hearing that Sir H. Robinson has arrived, has renewed his inquiries on the subject. = Tam, &c. The Under Secretary of State, (Signed) i. V¥. LESTER. Colonial Office. No. 59. FOREIGN OFFICE te COLONIAL OFFICE. Sir, Foreign Office, May 21, 1886. I am directed by the Secretary of State for Foreign Affairs to transmit to you, to be laid before Harl Granville, a Despatch which has been received from Her Majesty's Ambassador at Berlin, enclosing copies of Treaties which have been concluded between Germany and various Chiefs of Harara and Damaraland. ' Tam, &e. The Under Secretary of State, (Signed) T. V. LISTER. a Colonial Office. ; Enclosure in No. 59. My Lorp, Berlin, May 1, 1886. I nave the honour to transmit to your Lordship herewith copies and translations of Treaties of Protection and Friendship concluded last year between Germany and various Chiefs of Harara and Damaraland, which were laid before the Reichstag on the 7th ultimo. ‘ Re I have, «ec. Tie Earl of Rosebery, (Signed) HE. B. Mates. &e. &e. a: * No. 55, t No. 49. 40 I. Treaty of Prorection and Frrenpsaie between the German Empire and Manassz at Hoachanas. His Majesty the German Emperor, King of Prussia, William I., in the name of the German Empire on the one side, and the Independent Chief of the Red Nation in Great Namaqualand, Captain Manasse of Hoachanas on behalf of himself and his successors on the other side, wish to conclude a treaty of friendship and protection. With this end in view the Plenipotentiary of His Majesty the German Emperor, the Missionary C. G. Bittner, has agreed with Captain Manasse and his Councillors on the following points :— 1. Captain Manasse prays His Majesty the German Emperor to take over his land and people into his protection. His Majesty the German Emperor accepts the prayer, and assures to the Captain his high protection. As outward sign of this protection, the German flag is hoisted. 2. His Majesty the German Emperor pledges himself to leave in force those treaties which other nations or their subjects have previously contracted with the Chiefs of the Red People, and not to prejudice the Captain’s authority either in the levying of such taxes as the laws and customs of his land admit, or in the exercise of justice over his subjects. 3. The Captain of the Red People pledges himself not to make over his land or portions of it to another nation, or subjects of another nation, without the consent of His Majesty the German Emperor, nor to contract treaties with other governments without his sanction. 4. The Captain promises to protect the lives and property of all German subjects or protected subjects. He grants them the right and freedom to travel, occupy, buy, and sell as far as his territory extends. On the other hand German subjects and protected subjects are to respect the laws and customs of the country, to do nothing contrary to the laws of their own country, and to pay those taxes and duties which have been hitherto levied or which the Captain and the German Empire may hereafter agree on. The Captain engages himself to grant to no other nation more extensive rights or favours than to German subjects. 5. All disputes, civil and criminal, between white folk are to be arranged by those authorities which the German Emperor shall empower thereto. In what manner disputes between German subjects or other white folk and the natives are to be arranged, and how the guilty parties are to be punished, shall be arranged hereafter by agreement between the German Government and the Captain of the Red Nation. 6. The Captain pledges itself to co-operate as far as lies in his power in maintaining peace in Great Namaqualand and the neighbouring kingdoms ; and should he himself have a quarrel with other -Chiefs of Great Namaqualand or of the neighbouring kingdoms he will first invite the opinion of the German Government, or seek to get the matter arranged through the interposition of the German Government. 7. Should other matters to be determined on arise between the German Empire and the Captain of the Red Nation, they shall be arranged later, by agreement between the two Governments. Hoachanas, the 2nd September 1885. (Signed) C. G. Birrnzr, (Signed) Captain Manassz N Plenipotentiary of His Majesty the vies GazIB, ates German Emperor. Witiem Tsavsvs, Witnesses : Jan Huraas. (Signed) Fro. Jupr, Missionary. Meester Danie, Dansas. ° 41 Tl. Treaty of Protection and Frrenpsuip between the German Empire and the Bastarps oF REHOBOTH. His Majesty the German Emperor, King of Prussia, William I., in the name of the German Empire on the one side and the independent Head Chief of the Bastards of Rehoboth, Captain Hermanus von Wyk, on behalf of himself and his successors on the other side, wish to conclude a treaty of friendship and protection. With this end in view the Pienipotentiary of His Majesty the German Emperor, the missionary C. G. Bittner, has agreed with Captain Hermanus van Wyk and his Councillors on the following points, 1. Captain Hermanus van Wyk prays His Majesty the German Emperor to take over his country and people into his protection, His Majesty the German Emperor accepts his petition, and assures to the Captain his high protection. As outward sign of this protection, the German flag is hoisted. 2. His Majesty the German Emperor recognises the rights and liberty which the Bastards of Rehoboth have obtained, and pledges himself to leave in force those treaties which other nations or their subjects have previously contracted with them, and in equal manner not to prejudice the Captain’s authority in collecting the revenues due to him according to the laws and customs of his country. 3. The Captain of the Bastards of Rehoboth pledges himself not to make over his country or parts of it to another nation, or the subjects of another nation, without the consent of His Majesty the German Emperor, nor to contract treaties with other governments without his sanction. 4, The Captain promises to protect the lives and property of all German subjects or protected subjects. He grants them the right and freedom to travel, dwell in, work, buy, and sell, as far as his territory extends. Yet the citizens of Rehoboth reserve to themselves the liberty of fixing in each case the conditions under which strangers are allowed to remain in their territory. On the other hand German subjects and protected subjects are to respect the laws and customs of the country, to do nothing contrary to the laws of their own country, and to pay those taxes and duties to the Captain which have been hitherto customary or on which the Captain and the German Empire may hereafter agree. The Captain pledges himself to give to no other nation more extensive rights or favours than to German subjects. 5. Regarding all disputes, civil and criminal, in the territory of Rehoboth, it is determined that all differences of the citizens of Rehoboth among themselves shall be judged by their own judges, and according to their own law that all differences between citizens of Rehoboth and others, who are not citizens of Rehoboth shall be judged by a mixed court, the judges for which court shall be authorised by His Majesty the German Emperor and the Captain of Rehoboth. All disputes between people who do not belong to the citizens of Rehoboth or to their families, as well as all criminal cages shall be settled by those authorities whom the German Emperor shall empower. i all disputes, including those which concern citizens of Rehoboth, an appeal can be made to the Court of His Majesty the German Emperor, the decision of which shall be final. 6. The Captain pledges himself to co-operate, as far as lies in his power, in main- taining peace in Great Namaqualand and the neighbouring kingdoms. And should he himself have a quarrel with other Chiefs of Great Namaqualand or of the neighbouring kingdoms, he will first invite the opinion of the German Government, or seek to get the matter arranged through the interposition of the German Government. 7. Should other matters to be determined on arise between the German Empire and the Captain of the Bastards of Rehoboth, they shall be arranged later, by agreement between the two Governments. Rehoboth, the 15th September 1885. (Gez.) C. G. Birryer, (Signed) H. van Wyk, Plenipotentiary of His Majesty the Sign x of Jacos Moutton, - German Emperor. (Signed) Witiam Koopman, As Witness: ; Joun DrerGaarp, (Signed) F. Hetpmann, Sign x of Ding V. Wyk, Missionary. Sign x of Jacosus Movtron, (Signed) Wiuiam van Dyk. U 50462. F 42 . TI. Treaty of Protection and F'Rirenpsuip betwen the German EMpIre and the Hereros. His Majesty the German Emperor, King of Prussia, William I., in the name of the German Emperor on the one side, and Maharero Katyamucha, Head Chief of the Hereros in Demaraland, on behalf of himself and his successors, wish to conclude a treaty of protection and friendship. % With this end in view the Imperial German Commissioner for South-west African Protected Territory, Dr. Henry Ernest Goering, and Pastor Carl Gotthilf Bittner, both authorised by His Majesty the German Emperor in good and proper form, have agreed with the Head Chief Maharero Katyamucha to the following Articles, with the consent of the undersigned minor Chiefs and Councillors. ARTICLE I. The Head Chief Maharero, guided with the wish to confirm the friendly relations in which he and his people have lived with the Germans for years, prays His Majesty the German Emperor to take over the protection of himself and his people. a2 His Majesty the German Emperor agrees to this request, and assures to Maharero his sublime protection. As an outward sign of this protectorate, the German flag will be hoisted. eRe Armvicte IT, The Head Chief of the Hereros undertakes not to transfer his country, nor any part of it, to any other nation or subjects thereof, without the consent of His Majesty the German Emperor, nor to ratify any agreements with other Governments without such consent. . . pie On the other hand, His Majesty the German Emperor is willing to respect former treaties now in force, ratified between other nations or their subjects and the Head Chief and Chiefs of Hereros. Articte III. The Head Chief secures the full protection of persons and property to all German subjects, and others entitled to German protection (schuta genossen) throughout the whole of the dominion over which he has sway, as well as the right and freedom to travel in his country, to take up his abode there, and to carry on trade and commerce. German subjects, and those entitled to German protection, are bound to respect the existing customs and usages prevailing in the territory of Maharero, to do nothing which would violate German penal laws, and to pay all taxes and duties which have been hitherto customary. On the other hand, Maharero pledges himself not to grant to subjects of another nation any greater rights and concessions than to German subjects. Articte LY. All civil disputes at law between the Hereros themselves, as well as offences and crimes committed amongst themselves, are to be submitted to the jurisdiction of the Chiefs of the country. On the other hand, all German subjects, and those entitled to German protection living in Hereroland, are to be judged according to the German law in all disputes, both civil and criminal, which arise amongst them. The organization of this jurisdiction will be more particularly regulated by the German Government. The establishment of rules for jurisdiction, however, with regard to civil law disputes between German sub- jects and those entitled to German protection on one side, and the Hereros on the other side, as well as criminal cases between German subjects and those entitled to German protection against the Hereros, and vice versa, is reserved toa special arrange- ye 43. ment between the Government of His Majesty the German Emperor and the Chiefs in Hereroland. Until such an arrangement shall have been made, all cases of the latter kind which may occur shall be decided by the Imperial Commissioner or his representative together with a Member of. the Council. ARTICLE V. The Head Chief Maharero pledges himself to contribute as much as possible to the maintenance of peace in Damaraland itself, and between the latter and the neigh- bouring countries, and to request the mediation or decision of the Imperial German Government or of the Imperial Commissioner in any cases of dispute which may occur between him and his Under Chief, or with other Chiefs of the neighbouring: countries. The above Treaty in duplicate has been signed or marked with a cross by:the Pleni- potentiaries of His Majesty the German Emperor, as well as by Maharero and the Under Chiefs, Counsellors, and Notables who wure present in the house of the Missionary Diehl at Okahandja, the 21st October 1885, after Missionary Diehl, who acted: as in- terpreter, had translated it literally into the language of the country, and’after all the Hereros who were present had declared that they understood it. Likewise have the interpreter, the foliowing witnesses, and the secretary signed their names. Gez Dr. jur H. HE. Gozrtne, Kaiserlich x Handzeichen des Manarero Katyas- deutscher Kommissar des Reichs fiir | MUCHA. das siidwestafrikanische Schulzgebiet. x Handzeichen des KariFsrt. Gez C. G. Birrner. < des Riarva. = Als Zeugen. x ,, Martin. Gez WILHELM. Xx ,, Nuicopemus. », JOSOPHAT. xX 4, SIMUINYA. August LipEritz. SAMUEL. » Ph. Diet ats Dormerscner. X ,, JOHANNES. + Nets, Secretir. xX ,, BarnaBas. , DaAntet. MaveEKoro. Certified a true copy, Okahandya, 23 October 1885. (Signed) Dr. GoERING. IV. Negotiated, Omaruru, the 3rd of November 1889. The Chief of Omaruru, Manasse Tyifefeta, appeared to-day with the undersigned Members of the Council before the undersigned Commissioner of the Empire for the district of the South-west African Protectorate, Dr. Henry Ernest Goering assisting the Secretary, Louis Nels. The Missionary Viehe of this place translated literally and explained to them the Treaty of Protection and Friendship ratified with Maharero. After deliberation they made the following statement :— : We agree herewith in all points to the Treaty of Protection and Friendship ratified between. His Majesty the German Emperor, King of Prussia, William I., and Maharero Katymucha, Chief of the Hereros, which was dated Okahandya, the 21st October 1885, and we have well understood the same. Read, translated, approved, and signed. As Interpreter : (Signed) ANpRew Purarnen, Agent for the (Signed) Manassun T'yEererera. Ht a Finnish Mission, x Mortara. 5 Traugott KAvAPIRURA. ix Bapnasas. . 35 Nets, Secretary. x Kanipa. {go x Karyrumva. D © oe = an = xX AFA | ad The imperial German Commissioner for the South-west African Protected District, (Signed) Dr. Heyry Ernest Gozrina. F 2 44: No. 60. COLONIAL OFFICE to FOREIGN OFFICE. (Extract.) Downing Street, May 21, 1886. Earl Granville does not consider that the points relative to the right of this country to the islets and rocks off the coast, or relative to the validity of the grants of David Christian, can, at the present stage at any rate, be given up, and he therefore proposes that Mr. Scott should be assisted, as has been already contemplated, by a gentleman from this office. For this purpose he proposes the name of Mr. J. Bramston. C.B., Assistant Under Secretary for the Colonies, and he would suggest that Mr. Bramston should be associated with Mr. Scott in the conduct of any further dis- cussions, and that his services should be placed at the disposal of Sir H. Malet, to be employed in any manner that Her Majesty’s Ambassador may think desirable. Mr. Bramston will be prepared to leave for Berlin at any time that may be reported to be convenient by Sir Edward Malet. No. 61. COLONIAL OFFICE to Messrs. DE PASS AND CO. GENTLEMEN, Downing Street, May 22, 1886. In reply to your letter of the 7th instant,* I am directed by Earl Granville to acquaint you that the negotiations between the English and German Governments relative to the private claims of British subjects in the German Protectorate north of the Orange River are not yet concluded. The matter is under discussion at Berlin, and Her Majesty's Ambassador has recently applied for fresh instructions, which are about to be given to him. Iam, &c. Messrs. Daniel de Pass and Co. (Signed ) ROBERT G. W. HERBERT. No. 62. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, June 4, 1886. Wits reference to your letter of the 18th ultimo,t on the subject of the inquiries made by the Portuguese Minister respecting the establishment of the Re- public of Upingtonia in Ovamboland, I am directed by Karl Granville to transmit to you, to be laid before the Earl of Rosebery, a copy of a memorandum by Sir H. Robinson giving all the information he possesses respecting the Republic in question. Tam, &e. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. Enclosure in No. 62. Minute by Sir Hercures Rosinson. ; May 23, 1886. I nave no information on this subject beyond what I have read in the Cape Town newspapers, which have doubtless been forwarded to the Portuguese Government by their Consular Officer in Cape Town. . * No. 57. | + No. 58. 45 The version given in the papers, as far as I can recollect, was as follows:—A trader named Jordan professed to have purchased from a local Chief in Ovamboland a tract of country. He collected a few Huropeans about him, whom he called a Bestuur, and invited the South African public to come in and purchase land in the new Republic, which he named, without authority, “‘ Upingtonia.” It appears, however, that another trader, named Lewis, who has for some years attached himself to Kamaherero, the Paramount Chief of Damaraland, claims to have received from that Chief a lease of a silver mine and other mineral concessions in this same district in Ovamboland. The two traders have accordingly been carrying on a paper war with each other. Lewis has written to Jordan and his Bestuur, in the name of Kamaherero, denying the right of the local Chief to dispose of land in Ovamboland, which Kamaherero claims to be subject to him as Paramount Chief of Damaraland. Kamaherero has also threatened to march a force to “ Upingtonia” so as to punish the local Chief for having acted without his authority, and to expel the European intruders. The new Republic is probably a mere land speculation on the part of Jordan, which will come to nothing. At all events it is a matter with which we have no concern, as Ovamboland is to the west of the 20° of E. longitude, in territory in respect of which we have promised Germany not to interfere, or to exercise any influence over the native Chiefs. If it be the case, as stated to me by the German Consul at Cape Town, that Kamaherero has made a treaty with Germany, placing the whole of his territory under German protection, the question as to whether Ovamboland is or is not subject to Damaraland will doubtless come before long under the cognizance of the German ‘Government. I do not see that the matter is one with which the Portuguese Government has any concern; as the so-called new Republic is a long way south of the Portuguese possessions on the West Coast. In view, however, of the fear felt at the Cape that Northern Bechuanaland, if not placed under British protection, is likely to be appropriated by some other power, it is significant to note the remark made by Her Majesty's Minister at Lisbon, that “ any- « thing likely to interfere with a free expansion eastward of Portuguese territory into “ the heart of the South African continent traverses a fixed purpose of Portuguese “ Colonial policy.” (Signed) HercuLes Rosinson. No. 63. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, June 4, 1886. I am directed by the Earl of Rosebery to acknowledge the receipt of your letter of the 21st ultimo,* and I am to inform you that his Lordship concurs in the proposal therein made by Earl Granville to send out Mr. J. Bramston_to Berlin in order to assist Mr. Scott in his negotiations with regard to the Anglo German claims on the south-west coast of Africa. Lam to add that Sir E. Malet has been instructed to take the requisite steps for notifying Mr. Bramston’s appointment to the German Government and to report when i e-will be required. his presenc q ame "The Under Secretary of State, (Signed) T. V. LISTER, Colonial Office. * No. 60. F 3 46 No. 64 a Sie FOREIGN OFFICE to COLONIAL OFFICE. * aie aa e Foreign Office, June 22, 1886." Wiru reference to your letter of the 21st ultimo,* I am directed by the Earl of Rosebery to transmit copy of a Despatch which his Lordship addressed to Sir'E. Malet _ directing his Excellency to notify that Mr. J. Bramston would be appointed to assist Mr. Scott at Berlin in the approaching discussion of the points in dispute between the English and German Governments arising out of the Anglo-German Commission at Angra Pequefia, and I am to request that you will infurm Earl Granville that a telegram has been received from Sir E. Malet, stating that the appointment having been submitted by him the German Government have informed him that they agree to the appointment. His Excellency adds that as soon as Mr. Bramston arrives aes can commence. , am, &c. The Under Secretary of State, » . (Signed) P. W. CURRIE. © Colonial Office. BR Reet BF Bee Sir, Enclosure in No. 64. Sir, Foreign Office, June 5, 1886. I rererrep your Excellency’s Despatch of the Ist ultimo, on the subject of the Anglo-German claims in the S.W. Coast of Africa to the Colonial Office, and a reply has now been received from that Department, of which I enclose a copy for your infor- mation. 2 ay Your Excellency will observe that Earl Granville does not, consider that the point relative to the right of this country to the islets and rocks off the coast or relative to the validity of the grants of David ‘Christian can, at any rate at the present stage of th proceedings, be given up. : Lord Granville is therefore of opinion that as has already been contemplated Mr. Scott should in his negotiations on the subject be assisted by a gentleman from the Colonial Office, and for this purpose he proposes the name of Mr. J, Bramston, C.B., Assistant Under Secretary for the Colonies. I have to inform your Excellency that I concur in this recommendation of Lord Granville’s, and I have accordingly to request that you will take such steps as may be necessary for notifying Mr. Bramston’s appointment to the German Government, and that you will report to me when his presence will be required in Berlin. ; Iam. &c. His Excellency Sir E. Malet. (Signed) Rosepery. No. 65. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, June 24, 1866. I am directed by the Secretary of State for Foreign Affairs to transmit to you, to be laid before the Secretury of State for the Colonies, a Despatch from Her Majesty’s Ambassador at Berlin, enclosing copy of a Note addressed by his Excellency to the German Government relative to the appointment of Mr. Bramston in the approaching negotiations at Berlin. os ‘ Iam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. * No. 60, 47 Enclosure in No. 65. My Lorp, Berlin, June 14, 1886. " I wave tne honour to transmit to your Lordship herewith copy of a Note which, in obedience to the instructions contained in your Lordship’s Despatch of this series of the 5th instant, I have addressed to Count Berchem notifying the appointment by Her Majesty’s Government of Mr. Bramston, Assistant Under Secretary of State for the Colonies, to assist Mr. Scott in the negotiations which it is proposed to hold at Berlin with regard to the unsettled claims of British subjects in the districts of South- west Africa. I have, &c. The Earl of Rosebery, (Signed) Epwarp B. Mater. &e, &e. &e. M. Le Comte, Berlin, June 12, 1886. Wiru reference to Count Bismarck’s Note of March 8th last, stating that the Imperial Government agreed to a conference being held at Berlin between Dr. Krauel and Mr. Scott with regard to the unsettled claims of British subjects in the district of South-west Africa under the Imperial Protectorate, I have the honour to inform you by direction of Her Majesty’s Principal Secretary of State for Foreign Affairs, that Her Majesty’s Government are desirous that Mr. Scott should be assisted by a gentleman from Her Majesty’s Colonial Department, and for this purpose have selected Mr. John Bramston, C.B., Under Secretary of State for the Colonies. In making this communi- cation I am directed to express the hope of Her Majesty’s Government that the Imperial Government will have no objection to the gentleman in question being associated with Mr. Scott in the proposed conference. I have, &c. (Signed ) E. B. Mater. No. 66. ADMIRALTY to COLONIAL OFFICE. Sir, : Admiralty, June 29, 1886. I am commanded by my Lords Commissioners of the Admiralty to transmit herewith, for the perusal of Earl Granville, copy of a report from Commander Oldham of H.M.S. “ Racer,” dated 7th May last, on Walfisch Bay, on the West Coast of Africa. Copy of this report has also been sent to Foreign Office. lam, &c. , The Under Secretary of State, (Signed) EVAN MacGREGOR. Colonial Office. Enclosure in No. 66. Report on Watriscu Bay. May 7, 1886. On arrival I interviewed Mr. Rolland the Resident Magistrate, and traders, and got 1 the information I could out of them. 7 al i in Russian corvette, the “ Scobeloff,” 2,700 tons, visited the Bay on February i2th, 1885. H.M.S. “Sylvia” called with a Government Commissioner on board from the n 16th April 1885. ws 14th April 1886, the “ Habicht ’? German despatch vessel put in on a coasting cruize from Angra Pequena and Cape Town on her way to Cameroons. The captain made particular inquiries as to the possibility of landing at the mouth of Swakop River, which the magistrate told him was not possible on account of the surf and reefs of rocks t the mouth. He left on the 16th. ° 2. Dr. Stapf, a German professor and geologist, has lately passed through Walfisch Bay to the inierior to examine the various mines, copper, &c., and report on ther: F4 48 also several agents oi German houses to buy up the various mines from the present owners, natives, and traders. Mr. Rolland, the magistrate, says that the Germans claim all the country outside the settlement both north and south as well as the interior. 3. Supplies of oxen and sheep to any quantity can be procured from the interior at from two to three days’ notice, and very cheap, but no fresh vegetables. Sometimes there is a small supply at the settlement. I was enabled to procure meat for the ship’s company the day we arrived and until we left. Fish can be procured in the bay by seining. NUE but slightly brackish water is to be procured; all drinking water is brought from the Cape by the schooners trading to the settlement. 4. Of trade there is very little indeed, and that falling off; a good many years ago, a quantity of ivory, ostrich feathers, and skins used to be exported to the Cape, but little now ; occasionally a few cattle are shipped to St. Helena. Mr. Rolland. the magistrate, said that one small schooner of a 100 tons would bring all the merchandise and carry away all the produce for the whoie year. 5. No merchant vessels or whalers ever visit the harbour; the coasting schooners of about 80 to 100 tons call about once in three months from the Cape, and bring the drinking water and the few stores that are required, it would not pay them to do this, but that they are enabled on their voyage back to call at Sandwich harbour, and get a cargo of dried fish which they take to the Cape. 6. No revenue is collected at Walfisch, as it is established as a free port of entry and export, except from licenses to sell spirits, &c. in a few shops, amounting to about 304. a year. I have, &c., (Signed) Epmunp H. O.pyam, Commander. No. 67. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, July 24, 1886. I am directed by the Earl of Rosebery to transmit to you a Despatch from Her Majesty’s Chargé d’ Affaires at Berlin, enclosing papers showing the result of the recent negotiations at Berlin, in which Mr. Bramston assisted Mr. Scott, for the settlement of Angra Pequena questions upon which the Commissioners at Cape Town had differed, The arrangement accepted by the negotiation appears to be in conformity with the views expressed in my letter of the 29th ultimo.* His Lordship would be glad to learn whether it meets with Earl Granville’s approval. Iam, &c. The Under Secretary of State, (Signed) P. W. CURRIE. Colonial Office. Enclosure in No. 67. Mr. Scorr to the Earu or Rosesery. My J.orp, Berlin, July 15, 1886. Wiru reference to your Lordship’s Despatch, of the 30th ultimo, to Sir KE. Malet’s of the 26th instant, and to previous correspondence on the same subject, I have now the honour to submit to your Lordship the enclosed Protocol signed this day by Dr. Kranel and myself, containing the jot recommendations of the British and German Commissioners for a settlement of certain outstanding British claims in the German Protectorate of South-west Africa, in regard to which the Commissioners at Cape Town failed to arrive at an agreement. Dr. Krauel is submitting a German text, also bearing both our signatures, to the German Government. : * Not printed. 49 Tt was decided that the Commissioners should support these recommendations in Separate reports to their respective Governments, and I have accordingly the honour to further submit the enclosed report which Mr. Bramston has been good enough to draw up of the proceedings and discussions of the Commission, signed by us both as joint Commissioners under your Lordship’s instructions. To this Report are appended,— 1. A translation of Dr. Géhring’s original memorandum, setting forth the arguments on the side of the German Government. 2. A counter memorandum by Mr. Bramston in reply, supporting the case of the British claims. I venture to express the hope that, on examination, these documents will be found to bear out the cenclusions at which we finally arrived, and to justify us in recommending the proposed plan of settlement to the favourable consideration of Her Majesty’s Government. . _ In conclusion, I would desire not only to fully endorse the acknowledgment recorded in the Report, of the courteous and fair spirit in which our German colleagues approached and conducted the discussion of the British claims, but also, at the same time, to testify to the valuable assistance rendered to the British case by Mr. Bramston’s able memo- randum and great legal experience. I have, &c. The of ae (Signed) Cuaries S, Scorr. eC. , Sub-enclosure 1. Prorocot. The undersigned Commissioners having met and discussed fully those British claims in the territories placed under German protection in South-west Africa, upon which Messrs. Bieber and Shippard, the Commissioners at Cape Town, had disagreed, agree to submii to their Governments the following recommendations :— 1.—Hbony Mines. That if Robert Lewis or his assigns desire to work this mine, he or they be at liberty to do so, and to convey the ore to the coast until the 21st of September 1898, without payment to and without hindrance or interference by the Colonial Company. 2.—Sandwich Harbour. That Mr. Anders Qhlson (trading as A. Ohlson and Company), and Messrs. De Pass, Spence, and Co., respectively, be held to have acquired a full title in perpetuity for themselves and their assigns to the lands and buildings which they, respectively, have heretofore occupied in Sandwich Harbour for the purposes of the fishery, together with the right to each firm of taking at any time any other sites on the shore of this harbour, and of erecting buildings thereon, should the sand, as has happened before, shift so as to render useless the land which is now, or at any future time may be, occupied by their buildings; it being understood that any site so taken becomes the absolute property of Messrs. De Pass, Spence, and Co. or of Mr. Ohlson, or their respective assigns, as the case requires, and that they have no further claim to the land which they previously occupied; but that neither firm nor their assigns are entitled to take any site occupied by other persons, nor to take any site the occupation of which would interfere with other persons. . That it should be further recognised that the firms of A. Ohlssen and De Pass Spence, & Oo. have the right of coast fishery in Sandwich Harbour and along the ccast between Sandwich Harbour and the point 23° 20’ south latitude, 14° 31’ east longitude, with the right of landing on and using for fishery purposes any part of the coast not in the private possession of third parties, subject always to the observance of any laws and regulations which may be issued by the competent authorities. The said firms shall not, however, have any right to hinder other persons from also fishing there or from establishing themselves in Sandwich Harbour. 3.—AHottentot Bay. That Messrs. De Pass, Spence, and Co. have in like manner acquired a full title in perpetuity for themselves and their assigns to the guano deposits at Hottentot Bay, and to the land which they now occupy there for carrying on fishery or collecting of guano. U 50462. G 50 4.—Un-named Islets and Rocks. That Messrs. De Pass, Spence, and Co., and their assigns, be free to make use, as they have hitherto done, of these islets and rocks, including Shark Island, without payment until the expiry of their lease, that is to say, until the 30th of June 1895, and if the British Government waive all claim to the sovereignty of these islets and rocks and acknowledge the sovereignty of Germany over them, then that the latter power should consent to confer no private rights over them to any persons other than the lessees for the time being of the 12 British Islands named in the Letters Patent of the 27th of February 1867. Upon this understanding the British Commissioner will recommend his Government to acknowledge forthwith the sovereignty of Germany in these islets and rocks. 5.—Mainland Claims. That Messrs. De Pass, Spence, and Co. should be held to have acquired for themselves and their assigns a full title in perpetuity to the Pomona Mine with two English miles of and round the mine on every side, and that they should have the right to use the lagoon for their vessels and to make use of the land round the lagoon for all purposes as they have done hitherto, without payment and without hindrance or disturbance by the Colonial Company ; and if irreconcilable disputes between the firm and the company should arise as to the proper exercise of these rights on land, then that the Chief Offic2r of the German Government within the Protectorate shall allot to Messrs. De Pass, Spence, and Co., or their assigns, sufficient land for the purposes of their business conveniently situated on the shore of the lagoon, and that the land so allotted shall become the absolute property in perpetuity of the persons to whom the same is allotted but that such allotting of land shall in no way affect or lessen their right to use the lagoon for their vessels. (Signed) Cuartes 8S. Scorr. Berlin, July 15, 1886. R. Kravet. Sub-enclosure 2. Report. Upon Thursday July Ist, the British Commissioners met Dr. Krauel and Dr. Gohring at the Foreign Office for a preliminary discussion, and learnt that Dr. Krauel had requested Dr. Gohring to draw up a formal statement of the case which it was intended to put forward on behalf of the German Government. This document was received on the afternoon of the 2nd of July, and a translation, of which a copy is appended, was prepared on the following day. It was then evident that a wide divergence existed between the views of the two Governments, and that it would be necessary to reply in a similar paper, setting out the arguments on the British side. A paper was accordingly prepared by Mr. Bramston, and a copy is appended. It necessitated some examination of the early correspondence published in the parliamentary papers, as well as of the evidence given at Cape Town, but was duly completed and delivered at the Foreign Office on Wednesday the 7th of July. The British Commissioners were on the 9th of July invited to meet the German Commissioner on the afternoon of Saturday the 10th, and a meeting was arranged, but was subsequently postponed till Monday the 12th, when a full discussion took place between the British and German Commissioners upon the several points on which the Commissioners at Cape Town had disagreed, viz., the claims (1) of Mr. Lewis to a lease of the Ebony Mine; (2) of Messrs. Anders Ohlson and of Messrs. De Pass, Spence and Co. to the land at Sandwich Harbour, on which they have for many years possessed fishing establishments; (3) of Messrs. De Pass, Spence, and Co. to land at Hottentot Bay, on which they have long been engaged in removing old guano deposits and in other business ; (4) of the same firm to the islets and rocks included in their lease, but not named in the Letters Patent of February 27, 1867; (5) of the same firm to the coast land between Baker’s Cove and Angra Pequeiia, and to certain mining rights. The German Commissioner frankly admitted the right of these firms to land which they had occupied for any length of time, and an agreement was arrived at without 51 difficulty in respect to claims Nos. 1, z, and 3. The Ebony Mine might have involved a long and fruitless discussion of the relative status of three native Chiefs, and without entering into this conflict it was arranged that the Company should not interfere with Mr. Lewis if he decided to work this mine during the few years yet to run of his claim, which be had not hitherto done. It was understood, however, that the German Govern- ment do not guarantee his title as against the natives. Upon claim No. 4, the islets and rocks, the British Commissioners admitted that as they were not included in the Letters Patent of February 27. 1867, by which the Governor of the Cape was appointed Governor of the Penguin Islands, and under which alone he had authority to grant leases of any islands, his powers did not extend to granting a lease of these islets. At the same time the British Commissioners con- tended, not unsuccessfully, that the islets did not belong to the German Company, and as the question was thus virtually one of sovereignty between the two Governments, it was at length agreed that the British Government should be recommended to waive all claim to these islets and rocks, which are of little or no value in themselves, and should acknowledge the sovereignty of Germany on the understanding that the latter Power should not confer any private rights upon them to any person other than the lessees for the time being of the 12 larger islands which are unquestionably British. Shark Island was to be regarded as an island and included in this arrangement, and Messrs. De Pass, Spence, and Co. were to have the use of the islets and rocks without payment during the remainder of their lease. As regards claim No. 5 the title to the coast land and mining rights, it soon became apparent that neither side would be convinced by the other, the British Commis- sioners maintaining that Messrs. De Pass, Spence, and Co. were absolute owners of the land in question, though giving up as untenable the claim of. this firm to an exclusive right to work mines in Namaqualand; the German Commissioner, on the other hand, denying that this firm had anything more than a revocable right to prospect for minerals, and that this right had in fact been revoked by the sub- sequent sale from a native Chief to Mr. Liideritz. The Commissioners under- stood that both Governments were desirous that some settlement should be arrived at; it was therefore necessary by means of concessions on both sides to find some basis on which to found an agreement, which it would be possible to reeommend to the two Governments for acceptance. Messrs. De Pass, Spence, and Co. appear not to have turned to account any part of the disputed land except the Pomona Mine, on which large sums have been spent, and the land in the neighbourhood of the lagoon which they have used for various purposes. This circumstance made an agreement possible, and the German Commissioner consenting that the firm should be allowed freely to carry on their mining or other business operations, the British Commissioners were able to withdraw the claim to the rest of the land in dispute, which the firm had not turned to any practical account during the past 20 years. It was then agreed that Messrs. De Pass, Spence, and Co. should be held to have acquired a complete title for themselves and their assigns to the Pomona Mine and to two English miles of country round the mine; and that they might have the full use of the lagoon and of the land round it for the purposes of their business as freely as hitherto, without payment, with- out hindrance by the German Company, and without confining the firm to any particular locality, but that, if disputes should arise between the Company and the firm as to the exercise of these rights, and if the parties could not agree to a settlement, then the chief German official in the district should assign to the firm a sufficient area of convenient land which would thereupon become their property. The claim of the firm for money compensation for damages alleged to have been suffered by them, through the diminution of their guano returns since and in consequence of the arrival of the Germans, was mentioned but not gone into, the German Commis- sioners denying the fact (which was admitted by Dr. Bieber at Cape Town), and pro- ducing a newspaper report of evidence recently given by Captain Spence in the Bankruptcy Court at Cape Town, from which it would appear that the total yield of the islands had fallen off in 1883 and 1884, but showed a marked increase in 1885. The results of the discussion were then drawn up by Mr. Bramston in the form of joint recommendations, and a copy transmitted to the Foreign Office on Tuesday the 13th; a translation was furnished hy the German Commissioner on Wednesday the 14th, which was examined and found correct, and the English and German versions having been copied for signature, each was signed by the Commissioners on Thursday the 15th July, and the business terminated. _ : 35-38 As Dr. Géhring had not been appointed a Commissioner with power to sign, Mr, Scott alone signed these documents on behalf of the British Commissioners. G 2 52 In conclusion, the British Commissioners desire to record their acknowledgment of the courtesy and fair spirit exhibited by their German colleagues, to which the agreement arrived at is in a great measure due. (Signed) Cuartes S. Scort. Joun Bramsrton. Berlin, July 15, 1885. Sub-enclosure 3. Dr. Gourine’s Memoranpum. Translation. 1. The claim put forward by Robert Lewis to the Ebony or Palgrave’s Mine, situated to the north-east of Walfisch Bay is disallowed as unfounded. The said mine is situated in the territory which the Topnaar Chieftain Piet Heybib sold in legal form to the firm F. A. E. Liideritz, otherwise the German Colonial Society for South-west Africa. It is true that this territory is also claimed by Maharero, the Supreme Chief in the Herrero’s territory, as Herrero land. But the researches instituted by the German Imperial Commissioner and Consul General, the late Dr. Nachtigall, as well as by the present Commissioner, Dr. Gohring, have established the fact that in consequence of the wars carried on between the Namaquas and Herreros, territorial chauges took place by which, since 1870, the tribe of the Topnaars must be regarded as unlimited proprietors of the portions of land sold by it. Lewis cannot therefore appeal successfully to the concession granted to him on the 21st September 1877 by Maharero to this mine which it may be added has been pronounced on the authority of the latest examination by mining experts to be an absolutely valueless one. 2. The right claimed by the firm Ohlsen, and also by De Pass, Spence, and Co., to carry on their fishery business in Sandwich Harbour is so far recognised as valid, inas- much as they have acquired an exclusive right of private property in the establishments made on the coast, and in the land appertaining thereto. Moreover a personal right of fishery is granted to them. The harbour (Sandwich harbour) belongs to the Topnaar territory sold to the German Colonial Company for South-west Africa. Not only Ohlsen, but also De Pass, Spence, and Co., have for more than 30 years carried on a fishery here, and for this purpose established on the mainland the requisite buildings, houses, drying grounds, &c. The free use of the sea equally open to all men excludes ‘ex ante” the private acquisition of any part of the sea’s dominion. The said firms cannot therefore have acquired an exclusive transferable fishery right. On the other hand it is but reasonable that the Colonial Company should concede to them a personal fishery right, on the ground of long user. Inasmuch as by general principles of international law the sovereignty ceded by the Chief of the Topnaar extends equally to the waters of the coast, the said firms must submit themselves to the right, devolving from this sovereignty, of making legal regula- tions respecting the fishery. ‘The case is different as regards the establishments made on the mainland. The rights of the natives to this hitherto uninhabited strip of the coast having been up to very recent times doubtful, there can be no question of “raala fides ” in its occupation by the said firms and their predecessors in occupation; they have accordingly, by possession extending over many years, created an absolute right of private property in the land and soil used by them. 3. The firm of De Pass, Spence, and Co. is assigned, without prejudice to the German rights of sovereignty, the exclusive right to work the guano beds existing in Hottentot Bay and also the right of private property in the fishery settlements established there. As regards the fishery right this right, as in the case of claim 2, is only a personal one. Hottentot Bay is situated, as is now clearly established in the territory of the tribe of the Bethany Hottentots, and in that part which the Chief Joseph Fredericks, and his Raad have legally ceded together with sovereign rights to the firm of E. Liideritz, or the German Colonial Company in South-west Africa. But in this case also nothing can be urged against the assumption that the aforesaid firm, as well as its predecessors, always regarded this uninhabited tract of coast land as ‘terra nullius,” in that for more than 30 years they have been using the guano beds there, so that in this case too they have acquired private rights of property by settlement. 4. The contract of lease concluded between the Governor of the Cape Colony, Sir P Wodehouse, and the firm De Pass, Spence, and Co. and Robert Grainger, dated 53 January 1), 1869, by which the said lessces were given the exciusive right, until June 30, 1895, to work the following islands :— a4 ‘ Ichaboe, Roast Beef or Sinclair Island, Albatross Rock, Halifax, Mercury, Possession, Plum Pudding Pomona, Seal, Long, Penguin, Hollamsbird, Eighty-four Island, Black Rock, Steeple Rock and Reef; further ail islands not specially designated lying between le Bird and Roast Beef Islands, is invalid as fa as it concerns the following islands. Eighty-four Island, Black Rock, Steeple Rock and Reef, and the un-named islands between Hollams Bird and Roast Beef or Sinclair Islands. ‘These last are the property of the German Colonial Company, and the same is the case of Shark Island, the Bay of Angra Pequeiia, and the land at the back of the same, inasmuch as it was ceded under deed of sale dated August 25, 1883, by the Chief Joseph Fredericks to the firm of Lideritz. On the other hand the.said lessees are allowed to make the same use as formerly of the said islands and reefs, the property of the German Colonial Company, until the termination of their lease on June 30, 1895, and at the same time to make use of the harbour of Angra Pequefia. The firm De Pass, Spence, and Co. have also the further right granted to them by the deed of December 9, 1864, to work the mine of ‘‘Naub” or “ Rappoenberg’’ for 40 years. * All claims extending Leyond this are disallowed. By English law the validity of a Colonial acquisition is conditional on previous or subsequent confirmation by Letters Patent. Hence such islands only as were designated by name in the Letters Patent of February 27, 1867, can be recognised as British property, and the act of taking possession by the captain of an English frigate, ‘‘ Forsyth,” of other islands as well as of the Bay of Angra Pequetia has no legal significance tor third parties. It has, however, been established beyond dispute that the islands not named in the Letters Patent, and also the Bay of Angra Pequefia and the mainland, belong to the territory of the tribe of Bethany Hottentots, which was ceded by the deed of 1883 to the firm of Lideritz, 7.e., the Colonial Company. This latter declares now its readiness to join in the lease with the Cape Government, but it prefers a claim against that Government for reimbursement of rent paid since July 1, 1885, eventually, that the lessees should give up the use of the rocks, islets, &c., and make cempensation for the guano taken off them since June Ist, 1885. ‘This claim, perfectly justifiable in itself, would, however, entail tedious proceedings quite out of proportion to the importance of the matter at stake, as the inquiry has shown that the only islands possessing any value are the 1] which are undoubtedly British property, and that those illegally leased yield either no return, or at the most a very insignificant one. Moreover it has been proved that De Pass, Spence, and Co. had been using these islands before the lease was made, and concluded the latter in bona fide. It is therefore only right and reasonable that they should be permitted until the expiry of their lease to go on using the objects leased to them free of conditions. On the other hand the firm of De Pass, Spence, and Co. have no further right on the mainland claimed by them than that of working the Rappoenberg Mine conceded to them by contract for a term of 40 years. By the deed of August 25, 1883, to which frequent reference has been made, the firm of F. A. E. Liideritz, now the Colonial Company for South-west Africa, has acquired the strip of coast land extending from Orange River to the 26° of South latitude, and 20 geographical miles inland. The firm De Pass, Spence, and Co., claims a portion of this territory, #.e., from Baker’s Cove to Angra Pequena inclusive, with the exclusive right of mining in the whole of the Bethany territory, founded on an earlier deed of sale concluded on the 21st September 1863, and 9th December 1864 with the Bethany Chief, David Christian. By the first-named deed, the said Chief granted (verlich) to Captain Sinclair for the firm De Pass and Spence the whole strip of coast extending from Baker’s Cove to Angra Pequefia and inland to the 15° 50’ East longitude, anc also mining rights for all minerals in any portion of his territory. By the second deed of December 9, 1864, David Christian confirmed this grant (Verliching) and further granted to Captain Sinclair for his employers a mountain named “ Naub” or “ Rappoen,” with the land two miles in circumference. The firm was to have the right to work a mine situated there for a term of 40 years. According to the result of the evidence taken, these documents, after previous verbal negotiations conducted through an interpreter in the Dutch and Namaqua languages, were drawn up in English, and the word “grant was used to ex- press the word “ conveyance.” In the Dutch translation, the word “ grant” is rendered by . G 3 54 “‘Vergunning,” and this Dutch translation which was prepared shortly after the conclusion of the contract for the contracting party making the grant, the Bethany Chief handed to the then missionary Kreft to keep, and contains the note “ This is a true copy in Dutch.” The document isalso signed by Spence. The latter asserts that an irrevocable right of property was made over to him by the grant, while the Colonial Company holds that. he was only given permission, revocable at any time, to work the territory in question. In order to decide the question whether an absolute right of property, or only a “ precario”: permission to occupy was intended to be conveyed, we must in view of the contradic- tory terms used “grant” and “‘ vergunning ” simply be guided by proofs from other quarters of the intentions of the contracting parties. While the term “ grant” is used for an irrevocable conveyance of a right, the Dutch word “‘ vergunning ”’ does not signify a“ sale’’ but a permission to occupy, which is revocable at any time. Now the evidence of the witnesses tends to place beyond doubt the real and unanimous intention of the parties to the contract. Leaving quite out of consideration the testimony of the certainly interested witness, the Chief Joseph Fredericks, and that of the under Captain Adam Lambart, both of them present at the verbal negotiations who testify that the only concession made was a permission, revocable at any time, to work for minerals in the territory in question, the missionary Kronlein also says that he repeatedly heard the Chief, David Christian, declare that he had only “ vergunned” the land. But a decisive weight must be given to the fact emphasised by Missionary Bam, viz., that in the deed of 1864, which confirms the grant of 1863, the mining right in the Rappoenberg Mine is conveyed in a quite special manner for a term of 40 years, a fact which would be altogether inexplicable if the grant of 1863 had already given an irrevocable right to all the mines in the whole country. All this clearly shows that, with the exception of the case of the Rappoenberg Mine the contracts of 1863 and 1864 only intended a “vergunning,”’ which was terminated by the subsequent sale of the same territory under the deed of August 25th, 1884. Sub-enclosure 4. MeEmoranpDuM. 1.—Hbony Mine. If the title to this mime, which has never been worked, is to be seriously discussed, it will be necessary to form a definite opinion upon the political status of Piet Haibib and the Topnaars. The inquiries made by the late Dr. Nachtigal and Dr. Géhring apparently lead to a conclusion opposed to that indicated by the evidence produced before the Commissioners. A discussion upon this question would not be worth the time it would occupy. It is unlikely that Mr. Lewis would spend money upon a mine which he must give up in a few years, but should he do so, he would, at any rate, be doing prelitainary work which would have to be done hereafter by the Colonial Gesellschaft, should they decide to work the mine. It may, therefore, be to their interest to allow him the benefit of the lease which he claims, without any inquiry on either side as to the respective rights of Kamaherero and Piet Haibib over this territory. 2.—NSandwich Harbour. This harbour is also included in the territory which the Colonial Gesellschaft have purchased from Piet Haibib and an inquiry into his right to sell will, in like manner, be avoided if an agreement can be arrived at respecting the claims of Mr. Ohlsen and of De Pass, Spence, and Co. It is admitted that these firms have not acquired an exclusive right to the fishing in the waters along this part of the coast, so as to prevent or resist other persons seeking to fish in them. Nor is it claimed for them that they would be exempt from any general fishery laws that may hereafter be made under the authority of the German Empire for regulating the fisheries within territorial waters. On the other hand Dr, Gohring’s memorandum acknowledges that these firms have acquired a personal right to prosecute their long established fishery in the bay, and other waters in the neighbourhood; and further that they have acquired a valid and complete legal title to the land and buildings which they now occupy in connexion with that fishery. This is satisfactory, but these firms also claim a right to move their buildings to other convenient sites on the shore of Sandwich Bay in the event of the land shifting and 55 leaving these buildings away from the water, as has happened before. This claim seems seasonable under the circumstances, and should be admitted, provided these firms do not seek to use this right so as to interfere with third persons who, in the meantime, may have established themselves on the shore of the bay. _ In the absence of any duly enacted prohibitory laws, it follows that any person has a right to fish in territorial waters, and that“any person buying from either firm the land and buildings which they own on the shore of Sandwich Bay would be entitled to use them as well in connexion with fishing and the curing of fish as for other purposes. It would also be reasonable to recognise a right in De Pass, Spence, and Co. to use, as they have done for many years, the foreshore of the coast from latitude 23° 20’, longitude 14° 31’ east, to Sandwich harbour, both inclusive, for the purpose of landing nets and drying fish, at any part where the Colonial Gesellschaft are not actually using the land for any purpose. 3.—Hottentot Bay. There appears to be no difference of opinion upon this point, as it is admitted that Messrs. De Pass, Spence, and Co. have by long user acquired a valid and complete legal title to the occupancy of so much land at Hottentot Bay as contains the guano deposit there, or is necessary for collecting and removing this deposit. 4,.—TIslets and Rocks. These do not, in any case, belong to the Colonial Gesellschaft, for they are not included in the sale of Mr. Liideritz. That gentleman’s deed of purchase of 25 August 1883 makes no mention of islands; a grant of land bordering on the sea does not, without express mention, extend below high-water mark, and Mr. Liideritz recognised this limit to his deed when in September 1883 he admitted to the Governor of the Cape that he had no intention of setting up any claim to the guano islands (C. 4190, p. 16, No. 17 (3)). It was not: until nearly a year later, 7 August 1884 (C. 4262, p. 60), that such a claim was made by Mr. Vogelsang, and he then claimed all the islands from the Orange River to 26° South latitude, not as contained in the deed, but as having been obtained through “ that act,”’ namely, the hoisting of the German flag. About the same time Mr. Liideritz, in a letter from Bremen, of 30 September 1884, to the Governor of the Cape (C. 4262, p. 55/56), makes a similar claim, “ according to international law,” and gives this as a reason why he did not deem it necessary specially to enumerate the same in the deed of sale. It must be added that no principle of international law can enlarge the language of a private deed, and if Germany makes any claim to these islets, it can only be on the ground of sovereignty, not of private property. But the German claim of sovereignty would not be free from doubt, even if there were no counter claim, for the instructions to Captain Schering, as he informed the British Admiral (C. 4262, p. 22), did not mention the islands. He was commanded, as stated in his proclamation (C. 4262, p. 13), to place under the protection of the Emperor “ the territory belonging to Mr. Liideritz,” and this territory, as already shown, did not include islands. On the other hand, the private claim of De Pass, Spence, and Co. under. the lease of llth January 1869 will not be insisted on, for these islets are not included in the Governor’s Commission (Letters Patent) of 27th February 1867, under which the lease was granted. These islets, however, form part of the Penguin or Ichabo group, for both names appear to be used, and were, it may be contended, included in Captain Forsyth’s instructions, and declared by him to be British. He was accompanied by Captain Boyce, the Superintendent of the Isiands, the whole thing was discussed before he left Cape Town, and there is evidence (Ans. 762-6) that he erected a board on Penguin Island, notifying that he had taken possession of the islands, islets, rocks, and everything from Hollamsbird to Sinclair Island, and it seems certain that from that date they have been regarded as British by the persons occupying or using them. So far the case seems clear, but Captain Forsyth issued a proclamation referring only to the 11 named islands, and the Governor's irregular proclamation of 16th July 1866 pur- ported only to annex to the Cape these same 11 islands with Ichaboe, and the Governor’s Commission (Letters Patent) of 27th February 1867 in the same way specifies these islands by name. It appears, however, that the log book of Captain Forsyth’s ship speaks of that officer “having landed and taken possession of Angra Pequena Bay and all the “ islands within and adjacent to it in due form,” so the reason for the proclamation being imited to the 11 islands is not apparent. ve Bay of Angra Pequena a clearly beyond Captain Forsyth’s instructions and his taking possession has never been recognised. Kven the Commodore makes no mention G 4 56 of it in his Despatch reporting’ the taking possession of a range of islands or rocks extending from Hollamsbird to Sinclair Island. A copy of this report and of the orders to the Commodore can be furnished if desired. To sum up, then, there being on neither side any valid claim of private property, the question of the sovereignty over these unimportant islets and rocks should be easily settled by discussion. The effect of the Letters Patent of 1867 appears not to be correctly understood; for this particular form of instrument is not essential for completing the addition of new territory to the British dominion. . In order that an island or tract of country should become British territory it is neces- sary that the person taking possession shall have done so under previous instructions from superior authority, or that his action shall have been afterwards confirmed by the like authority; such instructions or confirmation may be conveyed by a Despatch. Letters Patent are ordinarily employed in order to create a system of government in a newly annexed territory, or, as in the case of the Penguin Islands, for the double purpose of appointing a governor over newly annexed territory, and of providing means for uniting it at the proper time to a fully established Colony, of which it will thenceforward form part. 5.—Grants of 1863-1864. In 1863, Captain Sinclair left Cape Town for the purpose of obtaining from the Chief, David Christian, a tract of land on the coast and mining rights; he was already working the Pomona Mine. The Chief, when asked, refused to give an answer until he had consulted his Raad; and he accordingly left and returned in three weeks with one of his Chiefs. Captain Sinclair had brought with him a formal deed prepared in Cape Town which David Christian refused to sign, and required Sinclair to write out another in his presence. The paper so prepared was then signed by David Christian and his Chief, Isaac Fredericks (since dead), and granted a certain tract of coast land and an exclusive right of mining throughout the whole of his territory. There can be little doubt that Captain Sinclair hoped to obtain and believed that he had obtained for his employers an absolute out and out grant of the coast from Baker’s Cove to Angra Pequefia, and a monopoly of the right to work mines in any part of David Christian’s territory. His tract of coast land included the Pomona Mine, which Sinclair’s employers had already opened, and the shores of the Bay of Angra Pequefia, on which they had established stores and other buildings required for their business of collecting guano, of extracting seal and shark oil, and of drying fish. During the next year Captain Sinclair or his eraployers discovered a mine at Rappoenberg, situated within David: Christian’s territory, but outside of the tract of coast land specified in the grant. The Chief refused to fulfil his engagement aud ‘would not allow De Pass, Spence, and Co. to work this mine unless they gave him further remuneration. They were obliged to yield, and agreed to pay 1/. on every ton of ore shipped. A fresh deed was prepared in Cape Town, and a meeting took place between Captains Sinclair and Spence on one side and David Christian and his Raad on the other; and as neither understood the language of the other the missionary Kreft attended to advise and assist the natives, and Mr. Van der By] to check the interpretation on behalf of Spence and Sinclair. The discussion, therefore, must have been from English to Dutch, and from Dutch to Namaqua, and vice versi, the actual negotiation being in Dutch between the two interpreters, Kreft and Van der Byl. David Christian again rejected the prepared deed, and Spence wrote out a paper in English, which was signed by the Chief and approved by his Raad. This paper which is dated 9th December 1864 appears to have been fully discussed between the parties ; it recites the previous grant of 1863 and further grants Rappoenberg and two miles of ground round the mountain, it also states that it is agreed that De Pass, Spence, and Co. shall pay 20s. per ton of ore shipped from the mountain, and shall have the right of working the mine for 40 years. A translation of this paper was made shortly after for the Chief, apparently by Mr. Van der Byl, and was certified by Captain Spence to be ‘a true copy in Dutch.” It is evident that the raison d’étre of this transaction was the discovery of the new mine, the Chief’s refusal to allow it to be worked under the monopoly previously granted, and the consent of De Pass and Spence to this alteration of their bargain in respect of minerals situated outside the tract of coast land. Without this there would have been no occasion for a second deed; and this alteration explains what seemed inexplicable to Mr. Bam, who of course had not seen answers 951-3, 1061. The second deed recites the first, but the only concession actually made by it was the lease of Rappoenberg for 40 years, and if this fact is kept in 57 view it explains the impression conveyed to Mr. Krénlein and Dr. Hahn that David Christian had given only a temporary right of mining. Neither of these gentlemen speaks with exactitude of the place to which he is referring ; they may have meant Rappoenberg, and Dr. Hahn (Ans. 1254), by speaking of the royalty payable on each ton does appear to identify Rappoenberg as the leased land spoken to by Mr. Kreft. On the other hand, no royalty was ever paid by or claimed from De Pass, Spence, and Co. in respect of the Pomona Mine, which lies within the tract of coast land, nor has any question ever been raised by the natives as to the occupation or use by this firm of the land near Angra Pequefia Bay ; nor, in fact, was their absolute property in both these localities ever disputed until after Mr. Lideritz arrived. Further, it cannct be admitted that “ verguoning ” in the Dutch transiation has a less absolute meaning than “‘grant”’ in the English original. It cannot be supposed that Mr. Van der By] would have asked his friend Captain Spence to certify as a true copy that which he knew to be essentially different from the original, or that Mr. Kreft would have allowed such a thing to take place. Hither the Dutch is a true copy of the English, and then “grant” and “ vergunning” have the same meaning, or it is not a true copy, and then Captain Spence must have been imposed upon. And it should be especially noticed that when the translator came to deal with Rappoenberg, which is unquestionably only a temporary grant, the Dutch word used is not “‘ vergunnen,” as would doubtless have been the case if Mr. Van der Byl intended to use that word to signify a temporary concession, but another word is used having that meaning, viz., ‘ toestaan.” De Pass, Spence, and Co. are, therefore, entitled not only to Rappoenberg for the residue of the 40 years, but also to the absolute ownership of the tract of coast land. And further, even if the deeds of i863 and 1864 were disregarded, the firm have occupied and possessed without dispute, the Pomona Mine and their drying grounds on the kay for a number of years, sufficient to give them a legal title to these localities by prescription, and in that view of the case the boundaries only would have to be agreed upon. Whatever lands this firm is eventually admitted to possess on the coast, should be held to carry with it a right of access to the interior by all necessary or usual routes. Finally, in dealing with the claims of De Pass, Spence, and Co., it should not be forgotten that some of their islands have been much injured by the arrival of German traders, who have been the cause of the birds leaving, and if the claim which they have made for compensation in money is not now put forward, these losses are a further reason for generous treatment in respect of other matters. No. 68. Messrs. DANIEL DE PASS & CO. to COLONIAL OFFICE. 128, Leadenhall Street, Lonaon, My Lorp, July 27, 1886. WE beg to inform you that Mr. Spence, one of the joint lessees of the Ichaboe Guano Island lease, has been adjudicated a bankrupt at the Cape of Good Hope, and the whole interest in the said lease is now vested in the remaining lessees, whom we represent. ; ; ; The compensation and other benefits which will be made in respect of the Angra Pequina and coast claim will therefore belong to us. We venture to assume that as soon as the decision has been arrived at the same will be communicated to us here in London. We are, &c. (Signed) DANIEL DE PASS & CO. To the Secretary of State for the Colonies, Colonial Office, Downing Street. U 50462. H 58 No. 69. COLONIAL OFFICE to Messrs. DANIEL DE PASS & CU. GENTLEMEN, Downing Street, July 31, 1886. I am directed by Earl Granville to acknowledge the receipt of your letter of the 27th instant,* stating that Mr. Spence has become a bankrupt, and that his share in various undertakings on the South-West Coast of Africa has become vested in your firm. I am to state that his Lordship hopes shortly to communicate to you the terms of an arrangement arrived at between the English and German Governments in regard to the questions in which you are interested. I am, &c. © Messrs. Daniel De Pass & Co. (Signed) R. H. MEADE. No. 70. The Riest Hon. tHe EARL GRANVILLE, K.G., to the Rigur Hon. Sir HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, July 31, 1886. I Transmir to you, for your information, a copy of a correspondence + between the firm of Daniel de Pass & Co. and this Department relative to the bankruptcy of Mr. Spence and the claims of the firm on the coast of South-West Africa. It might be useful to furnish me with a concise report showing what has taken place in regard to Mr. Spence’s bankruptcy, and what are the present relations of himself and the firm of Daniel De Pass & Co. in regard to the various undertakings in which they have hitherto been jointly interested. Any well authenticated press reports of the proceedings should be appended. I have, &c. Sir H. Robinson. (Signed) GRANVILLE. No. 71. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, August 2, 1886. I nave laid before Earl Granville your letter of the 24th ultimo,{ relating to the negotiations which have recently taken place at Berlin for the settlement of British clainis in the German Protectorate on the South-west Coast of Africa. In reply, I am to state that in Lord Granville’s opinion the arrangements embodied in the protocol signed by Mr. Scott and Dr. Krauel may be accepted and approved by Her Majesty’s Government, and that Sir HE. Malet should be instructed to express this decision to the German Government. If the German Government on its side also approves the protocol, it would be con- venient that this department should be informed as soon as possible in order that the necessary communications may be addressed to Sir Hercules Robinson and the parties interested. Lord Granville is glad that this satisfactory termination of the questions awaiting settlement has been attained, and he has no doubt that Lord Rosebery will concur with him in thinking that Mr. Scott and Mr. Bramston deserve much credit for the judicious manner in which these negotiations have been conducted, as well as for the care and completeness with which the British case has been handled. The enclosures to your letter are returned herewith, but it is requested that as soon as Mr. Scott’s Despatch has been answered they may be again transmitted to this office in order that they may be printed. Iam, &c. The Under Secretary of State, (Signed) R. H. MEADE. Foreign Office. * No. 68. Tt Nos. 68 and 69. t No. 67, 59 No. 72. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, August 9, 1886. I am directed by the Earl of Iddesleigh to acknowledge the receipt of the Colonial Office letter of the 2nd instant,* relating to the negotiations which have recently taken place at Berlin for the settlement of British claims in the German Protectorate on the South-west Coast of Africa. In reply, I am to state to you, for the information of Her Majesty’s Secretary of State for the Colonies, that Mr. Scott received instructions, in the despatch of which a copy is enclosed, to make the communication suggested in the Colonial Office letter to the Imperial Government, and that the purport of their reply will be at once communicated to your department. The inclosures accompanying your letter of the 2nd instant,* are herewith returned for purposes of print, and it is requested that copies of them, when printed, may be forwarded to this department. Iam, &c. The Under Secretary of State, (Signed) P. W. CURRIE. Colonial Office. Enclosure in No. 72. Sir, Foreign Office, August 9, 1886. Wiru reference to your Despatch of this series of the 15th ultimo, forwarding a Protocol signed by yourself and Dr. Krauel, containing the joint communications of the British and German Commissioners for a settlement of certain outstanding British claims in the German Protectorate of South-west Africa, in regard to which the Commissioners at Cape Town failed to arrive at an agreement, I have now to acquaint you that the arrangements embodied in the Protocol in question are approved and accepted by. Her Majesty’s Government. oo I have accordingly to request you to inform the German Government of this decision, and if they should also approve and accept the arrangement, to uotify the fact to me without delay. ; The Secretary of State for the Colonies expressed to my predecessor his satisfaction at the termination of the questions awaiting settlement, and his appreciation of the judicious manner in which these negotiations have been conducted by yourself and Mr. Bramston, as well as of the care and completeness with which the British case has been supported. . ; ; I have much pleasure in recording my entire concurrence in that em . am, &c. C. S. Scott, Esq., C.B., (Signed) IppEsLEIGH. &e. &e, No. 73. CHARLES WARREN, Ese., to COLONIAL OFFICE. 64, Aldermanbury, London, E.C., Sir August li, 1886. * I gue to enclose a few documents which I have received from a most reliable correspondent in South Africa (Mr. John Lees), with a request that I would transmit them to your Excellency for consideration and investigation. Enclosures comprise five, VIZ. :— Letter from Mr. Lees to your Excellency. No. 1, copy of Concession by Native Chiefs. No. 2, copy of letter from German Commissioner to Mr. W. W. Jordan. No. 3, copy of reply to same by Mr. Jordan. Map of district referred to. * No. 71. H 2 60 I sincerely trust that, in the interests of South Africa, your Excellency may see fit to take into serious consideration the German encroachments in that quarter. In the event of your Excellency not deeming it advisable to take note, or act in the matter, may I ask for return of enclosed documents. Iam, &c. (Signed) CHARLES WARREN, F.R.G.S. The Right Hon. the Colonial Secretary. Enclosure in No, 73. Mr. Lens, C.E., to the Szcrerary oF STATE FOR THE COLONIES. STR, Cape Town, July 20, 1886. I wave been requested by the settlers of the district of Upingtonia in Ovambo- land as their agent, to bring to your notice certain claims made by the Imperial German representatives, on behalf of the Hereros, to a district containing copper mines,. worked many years ago and always in the possession of the Ovambos, as by title and documents hereafter to be furnished. The claim of the residents, British and Boers, of the district rests on the right of purchase and occupation. I have also further to point out to you the totally unnecessary restrictions laid on these people, which prevents them obtaining their necessary supplies from the Cape Colony, through Walwisch Bay, and trust on their behalf your Excellency will in common justice apply that such restrictions be removed until the final settlement of this question. I trust that your Excellency will use your utmost exertions to assist this settlement of Upingtonia, as a judicious step towards continuing the English nation the para- mount race in South Africa, and I have no hesitation in saying that provided the protection of Great Britain were thrown over this part of South Africa, a great check would be given to German intrigues and a stimulus to the trade opened through the Bechuanaland territory. I may inform your Excellency that the country is described as well wooded and watered, and suitable for agricultural pursuits, that its population are a law-abiding race, wishing to live peaceably amongst the few natives who inhabit the territory, and that from its position near Walwisch Bay, a great and increasing trade could be carried on to the verge of the Portuguese settlements on the West coast of South Africa. If your Excellency will be pleased to reply to me care of C. Warren, Hsq., F.R.G.S., 64, Aldermanbury, London, I shall receive the answer by cablegram, giving me 21 days earlier news than by mail. I have, &e. The Right Hon. the Secretary of State (Signed) Jno. Lees, C.E. for the Colonies. Ovampoland, Olukonda. Irae undersigned Kambonde Kampingana and my mother Namapula, Para- mount Chief of the Ondanga tribe of Ovambos, and hereditary owners of the tract and country embracing the following named places, viz., Noolongo, Okahakana, Okokoepo, Ombeka, Onfembo, Omahamule, Niadans, Andivisa, Otifioeita, Okasmia, Keoonbuena, Ohjityika, Bery, Hesheka, Shoomengil, Onyendle, Omutone, Wondfamba, Ondzisa, Namdozoe, Etosa, &c. &c. &c., and the surrounding country adjacent thereto, hereby certify and acknowledge having this day sold the same to William Worthington Jordan for the sum of* hundred pounds paid to us this day. We have sold this country in the presence of the under-mentioned missionaries of the several stations of our tribe. In case it should at any time become necessary for Mr. W. W. Jordan to hold possession of the above-named country by force, we pledge ourselves to assist him and to do so with the strength of the whole of our tribe. . This deed of sale is written in the English and Ovambo language, copies of which are in our possession. * Blank in original copy. aa 1s iy 47 OlakonAdao 0 ey _— } Le = | p Z ; . Ge Yh Y CE Se 7 i em Oe Uy ; Yi YH YW, We WA oh Wd a Up . TZ Ty, ! omit, “> = 7 M7 y yy th 7 y OOKa Ohare O Ok nr i gaitietieenint) ti ; Wy ALGO = 7 7 => Vie, Ig yy 7 > 2 2 LD DOmbek | 4 » Copper 2 2 yy Vic Oe. SAL Zip) 7 = = Pty Frockcov a) Y oy Mares Ain : Gil UY ty LY Yes YY, 7 \ “i Vi | \ 2 Yt YY sg WY Lat YH )}. ; 7 “if Yj Ci O Wp" yi ! psmmtsteeeatiyy tie SSSeGnH AGUS RT iffy wai Sy ~ * ~ - &¢ D : : Onrorjapa = = or | = = 0 = = pf Matetey a = ay, aa + % Ge A “oi = 7 = 4% = Mini, “=z 4% “iy, “Gy Ny, "yj, a a ; 4, = = “AS oCUmburo ARURU X — ROUGH SKETCH MAP Showing Bs | THE NEW SETTLEMENT NAMED I | a PRINTED AS A | | SUPPLEMENT TO THE GAPE TIMES XK structions by Carmiare Innpatarl harescntaiweto Gid Martasste tee a of this place to profile troftie from Waluisch Bay . | 7 WALWICH BAY. Vera i] Fi 986./2807. 76 DANGERFIELD LITH. C2, BEDFORS 5 LovENy GaROER 7a 61 Signed and given under our hand at Olukonda, Ovampoland, on the twenty-first day of April, in the year of our Lord one thousand eight hundred and eighty-five (1885). His (Signed) x Kamponpe Kamprneana. mark Her x NAMAPULA. mark Witnessed by the— Rev. Mr. K. A. WrexKotin. Rev. Mr. H. Haxata. Rev. Mr. Y. Korma. Please Note.—The places named are those forming the boundary lines of the above- named tract of country. (Signed) W. W. Jorpan. TRANSLATION. I wave received your letter from the 17th November 1885. The territory about Otavi is disputable between you or the Ovambos and the Herero nation. Till the question shall be definitely settled, I as representative of the Imperial German Commissioner, issue the following enactment :-— ; In consequence of the preliminary information which I have gathered the Herero will at present be protected in their possession of Otavi. I therefore request you and those Boers commissioned by you to sojourn on neutral grounds till the question shall be definitely settled. I expressly remind you that this enactment on the possessions will not bias the decisions upon the ownership. The German Government can but consent to a settlement of Boers in a territory under German protection provided that it is performed in a just and peaceful manner, as such would be favourable to the advancement of civilization in this territory. Please make the Boers acquainted with the above. In a matter concerning you personally I am sorry to be obliged to inform you that I must for the present sanction the prohibition of the Chief Manatie of Omaenen which inhibits the transport of goods belonging to you through his country, in con- sideration of the notorious hostile behaviour which you have formerly shown towards the Hereros and which has been evidently declared to me by creditable Europeans. Tt will depend on your future behaviour how long the prohibition shall continue. On the other hand Manaltie has been instructed to treat your person and that of your people with the most forbearing consideration. The Imperial German Commissioner, for his Representative. (Signed) L. NEts, Upingtonia, Groot Fontein, April 26, 1886. To-pay I am in receipt of your ietter of the 26th J anuary, and in reply beg to inform you that by virtue of deed of purchase and by right of occupation I and the burghers of the district intend holding firm possession of the same, and totally ignore the pretentious claims of the Hereros to this portion of Ovamboland in which is situate the Otavi Mines. ae In re to your actions in sanctioning the prohibition of my goods and transport passing through Damaraland, and of your assuming sovereign rights prior to the con- firmation of the German Imperial Government to the establishing its protectorate over Damaraland, I will hold you responsible for all losses I sustain in my business or ee aS communication you have to make on this subject you will please address to Jno. Lees, Esq., 9, Cape Good Hope Bank Chambers, Cape Town. To the Imperial German Representative, (Signed) W. W. Jonvay. Otymbingue. Sir, Sketch Map showing the new Settlement named Upingtonia. H 3 62 No. 74. COLONIAL OFFICE to FOREIGN OFFICH. Sir, Downing Street, August 28, 1886. Wirz reference to previous correspondence on the subject. of the so-called settle- ment of “ Upingtonia,” in the north of Liideritzland, I am directed by Mr. Secretary Stanhope to transmit to you a copy of a letter * from Mr. C. Warren, together with a copy of the reply,+ which Mr. Stanhope proposes, if Lord Iddesleigh concurs, to cause to be addressed to Mr. Warren. Iam, &e. The Under Secretary of State, (Signed) R. H. MEADE. Foreign Office. No. 75. FOREIGN OFFICE to COLONIAL OFFICE. Sr, Foreign Office, September 7, 1886. I am directed by the Earl of Iddesleigh to acknowledge the receipt of your letter of the 28th ultimo,{ relating to certain disputes which have arisen between Mr. W. W. Jordan, of Upingtonia, and the German Representatives in Liideritzland ; and I am to state to you, for the information of Mr. Secretary Stanhope, that his Lordship concurs in the terms of the reply which it is. proposed to address to Mr. Warren on this subject, and of which a copy was inclosed in your letter above referred to. Iam, &ce. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. No. 76, COLONIAL OFFICE to CHARLES WARREN, Eso. Sir, Downing Street, September 9, 1886. I am directed by Mr. Secretary Stanhope to acknowledge the receipt of your letter of the 11th ultimo,” relative to certain disputes between Mr. W. W. Jordan, of Upingtonia, and the German Representative in Lideritzland. Tam to acquaint you that. it has been agreed between the German and English Governments that the latter will not seek to exercise political influence north of the Orange River and west of the 20th degree of east longitude ; and as the so-called settle- roent of Upingtonia lies within these limits, the disputes to which your letter refers are not matters in which Her Majesty’s Government could undertake to interfere in the first instance. If Mr. W. W. Jordan feels aggrieved at the conduct towards him of the local German authorities, his proper course would appear to be to make a further ormal representation to them, but Mr. Stanhope is not disposed to think that the papers before him show that up to the date of Mr. Jordan’s letter any decision adverse to his interests had been come to. The original enclosures to your letter are returned herewith, Iam, &c. C. Warren, Esq. (Signed) R. H. MEADE. * No. 73. t No 76. t No. 74, 63 No. 77. The Ricut Hon. Sim HERCULES ROBINSON, G.C.M.G., to the Riasr Hon. THE EARL GRANVILLE, K.G. (Received September 15, 1886.) My Lorp, Government House, Cape Town, August 25, 1886. I nave the honour to acknowledge the receipt of your Lordship’s Despatch of the 27th March last,* covering a copy of a letter from the Foreign Office, en- closing a translation of a communication from the German Ambassador in London relative to a complaint from the Chief Manasse Noreseb of Hoachanas that the Northern and Western boundary lines of the British Protectorate of Bechuanaland cut off about 600 German square miles of the lands and hunting grounds belonging to the “ Red People.” 2. In compliance with your Lordship’s desire to be furnished with any information in the possession of this Government as to the extent of the territories of the ‘‘ Red People,” I have the honour to forward a copy of a Minute which I have received from Ministers covering reports upon the subject by various gentlemen who have a special knowledge of the Namaqua tribes. 3. It appears from these papers that Manasse Noreseb is not the legitimate successor of Hoassiep, the last Captain of the “ Red Nation” residing at Hoachanas, but was made captain by the missionary living at that station, assisted by 13 of the tribe, without the sanction or knowledge of the whole tribe, which numbered some 650 men, and who recognised one of Hoassiep’s grandchildren as captain. Colonel Eustace, the Civil Commissioner of Namaqualand, whose report is enclosed, states he cannot find any evidence to substantiate Manasse Noreseb’s claim to any territory east of the Nosop River, and he adds that his claim to 600° German square miles east of the western boundary of the British Protectorate (20° East longitude) “is simply pre- posterous.”’ 4, Dr. Theophilus Hahn, in his Memorandum on the Namaqua tribes, also enclosed, omits all reference to the personal claims of Manasse Noreseb, but gives a more extended boundary to the territorial claims of the “ Red People,” placing the eastern limit about longitude 21° 30’ Hast, and stating that the Bushmen in that part of the Kalahari stand under their sway. 5. It is evident, however, that the claims of Captain Manasse Noreseb to para- mountcy over the bushmen in the Kalahari Desert are of so shadowy a character as to be of no practical importance. Any other boundary than an arbitrary astronomical line through such an unknown desert would be an impossibility, and it is inevitable that in the case of any such line drawn without reference to ethnological or topo- graphical considerations, questions such as the present must arise with reference to claims which are sure to be set up by Chiefs on both the British and German sides of the boundary. a 6. The German Government might, I think, be informed that the British Protectorate does not.in any way interfere with native territorial rights, and if the boundaries of the Protectorate should be found to include lands or hunting grounds to which the “ Red People” have prescriptive rights, they will not, as assumed by the German Government, be deprived of them. I have, &e. : (Signed) HERCULES ROBINSON, “The Right Hon. the Earl Granville, K.G., High Commissioner. &e. &e. &e. Colonial Office. Enclosure in No. 77. Ministers to GOVERNOR. Minute No. 1-103, Colonial Secretary's Office, Cape Town. August 20, 1886. Witu reference to the Minute of his Excellency the Officer Administerng the Government, No. 18 of the 28th April last, transmitting copy of a Despatch from the \ * No. 54. H 4 64: Right Honourable the Secretary of State for the Colonies inquiring as to the boundaries of the Red People of Great Namaqualand, and also requesting that a Memorandum may be obtained on the subject of the Red People by one of the officers who have a personal acquaintance with the Namaqua territories, Ministers have the horour to for- ward herewith, for the information of his Hxcellency the Governor, and for trans- mission to the Secretary of State, copies of reports upon the subject by Colonel J. T. Eustace, Civil Commissioner and Resident Magistrate of Namaqualand, by Mr. J. W. Herridge, a trader who has been travelling through the country for the past 34 years, and by Dr. Theophilus Hahn. (Signed) § THomas Uprneron. Crvi, Commisstoner, Namaqualand, to CotontaL SEcRETARY’S OFFICE. The Rep Preorre of Great NAMAQUALAND. Sir, May 24, 1886. I nave the honour to acknowledge your letter of the 5th instant, covering enclosures, which I herewith return, and requesting my report on the same. I enclose a report. At the same time I would beg to remark that the claims of all native Chiefs, as far as my experience goes, are mostly of recent date, and are generally disputed by their neighbours. ‘Possibly the Secretary for Native Affairs could give you further information upon this subject. Had Mr. Herridge’s information (one of the old traders in Great Namaqua- land) been taken last year by the Commission then sitting, when he accompanied me to Cape Town, he could have given from actual knowledge, the extent of the territories -of the different petty Chiefs in Great Namaqualand who exact from these traders money or goods for permission to trade in their territories. I have, &c. (Signed) J. T. Eusracs, Civil Commissioner. (Extract.) Report upon certain claims made on behalf of Manasse Noxasis, styling himself “Captain of the Red Nation,” to territory eastward of longitude 20° east. Tue people calling themselves by this name (“The Red Nation”) were one of the Hottentot tribe, divided into many clans, which, at the beginning of this century, inhabited the country on both sides of the Garriep or Orange River. They recognised no paramount Chief. Somewhere about 1815 a Bastard Hottentot, named Africaner, assisted by a band of people of his own race, runaway slaves, and others from this Colony, being armed w th firearms, made a successful inroad into Great Namaqualand, killed and robbed, after the fashion of the stronger with the weaker races, and drove the remnants of the “ Red Nation” northwards ; though many of the women inter- married with their conquerors, and some of the men attached themselves to different Chiefs who then established themselves in Great Namaqualand. The last Chief of the “ Red Nation” of any note and influence was N oagsiep, who had established himself at a place called Zwart Modder, near the Oomoep River ; he died some 25 years ago. This Chief trekked from this place to the northward, and having procured firearms and assistance from colonial Bastards, destroyed Beast Damaras Berg Damaras, and Bushmen, and took possession of their country, eventually stationing himself at Hoachanas. This Chief, I am informed on reliable authority, left two brothers and grand- children, one of whom was recognised as captain after Noassiep’s death, but the present Mannassi Nolasib, who was only a cousin of the late Chief, was made captain by the missionary residing at that station, assisted by 13 of the tribe, without the sanction or knowledge of the whole tribe, which numbered then some 650 men besides some 300 Bastards, colonial subjects who left this Colony about 1856. The boundaries of the Chief residing at Hoachanas begins in Fish River and continues up north and west to within 20 miles of Rehoboth ; the south of that river 65 is claimed by Captain Adam Kok of the Groot Dood tribe, tuning from Fish River north through Bitter Flats, some 126 miles to Bushlice, thence east to the Nesop River. The territory lies between Rehoboth on the west, bounded on north and north-east by Damaraland, on the east by Chief Andries Lambert, and the Karakico tribe and Witboois. I cannot find any evidence to substantiate this petty Chiet’s claim to any territory eastward of the Nosop River. Hoachanas, according to my map, is situated between 18° and 19° east longitude. His claim for an extension of 600 German miles beyond east longitude 20° is simply preposterous, and to my knowledge has never been recognised by any native tribe or trader who hunted in those grounds before the “ Red Nation ”’ drove out the Bushmen and Damaras from their present home. The Kalihari Desert has long been the hunting ground of the different tribes of Great Namaqualand, and I suppose will more or less continue to remain so, now it is under the British Protectorate, but to allow any petty Chief to occupy a large extent of this territory, to interfere with traders of all nations who make use of these hunting grounds, and to subject them to the exactions these petty Chiefs are in the habit of making, would, I believe, very properly tend to raise a resistance on the part of traders and natives, and probably a general disturbance in this territory. I notice this so styled “‘ Captain of the Red Nation ” claims this addition of territory because it belonged “to the Bushmen subject to him.” I know of no Bushmen under Native Chiefs, or who have any permanent hunting grounds. (Signed) J. ‘I’. Eusracs, Civil Commissioner and Resident Magistrate, May 24th, 1886. Namaqualand. Sir, Great Namaqualand, July 1886. A Few weeks ago you wrote requesting me to give you as much information as I could concerning the young Chief Manasseh Narrosiep of the Red Nation. At the time I was unable to do so as well as I could wish, and I have had to hunt up many old papers and books. I have been riding about in that country for 34 years. To make the subject plain to you or anyone who wishes for information upon it, I will commence with the north bank of the Orange River. One Joseph Fredericks claims the country on the west side cf Great Namaqualand to the Great Fish River, which empties into the Orange. The east side to that river is claimed by Captain William Christian of the Bondelswarts tribe, up to the Comac or Lion River, which empties into the Great Fish. This is about 62 miles. Joseph Frederic ks’ ground runs up on the west side to where Sheep River joing the Fish River. It then turns 8.W. on the mountain to a small fountain called Kicompes. It then crosses the flat to Gauas, then in the same course to Sand Verroer, then along the belt of Roode Kop down the hill to’Bijzondermeid nearly north, strikes up a hill to the right of water, passes the road that leads to Beersheba along the same range of mountains west to Gaap River, passes that to Kycompies a little south of the water, thence along the same range north-west to Nodop River, up on south side of that river to Break Horn, thence 8.W. along a river to Long Water, passes through the river and over the road which runs from Grootfontein to Gibeon, strikes across a flat to Numchance some 22 miles in a westerly direction through the mountains west to Dabip, thence through sands to the sea. In all some 260 or 270 miles. This is as it was described to me by Captain David Christian in 1856. — . This shows that Joseph Fredericks’ territory lies south of Manasseh Narrosiep’s. I shall proceed further with boundaries, but shall presently have something to say in reference to Joseph Fredericks, and how his forefathers came into that country. Now for Adam Cole, captain of the Groot Dood, an old Namaqua tribe. In early days, under the Chief Hymop, they moved up at the same time that the Red Nation did from the neighbourhood of Houp, Break Back, Back River, and above the Lion River close to the Bondelswarts. They are in possession of a tract of land from Fish River south of “ Vlees,” south to Klein Garris, south over a strong flat to Break Horn. thence along the northern side to Joseph Fredericks territory to Numchance. There it strikes away north some 11 miles above “Slyk through Bloem, Fish River at Pack Riem, through the flats and mountains to Great Fish River, and down the eastern bank of the Fish River to the south side of Manasseh Narrosiep of the Red Nation. . U 50462. I 66 Thus there are two Chiefs south of Manasseh Narrosiep who do not acknowledge him or his power. I shall now come west of Manasseh Narrosiep. His boundary runs from the Fish River north to Bush Lice; on the south-west of his ground is a mission station called Paport. This is now occupied by Bastards. Hermanus Van Wyk is their captain. They have been about 18 years from the Colony; this place has changed hands three times within my knowledge. First old Jan Yonker, a run-away slave from the Cape, with others, took possession of it. After clearing out the Bushmen and Berg Damaras he held it for some five years, and in fact he was master of the whole country. He then drove the Cattle Damaras further north to Wind Hoek, and made his station there. Whether he gave it to old William Swartboy, captain’ of the Topnaars, or not, I cannot say. “I met William Swartboy’s son in Ovampoland, and he told me that Jan Yonker had sold it to his father for a horse and three guns. I havé since been informed that Wiiliam Swartboy’s eldest son parted with it to Hermanus Van Wyk for but little more. : Further west of Paport south of Bels Poort and extending to the sea, the land is.in. possession of the present Chief, Jan Yonker. Further north, on the Buckberg side, . are Berg Damaras. From the west up to Little Vlei are Damaras under the Chiefs Kameroe and Kymeoe, and Swartboy’s people, passing the northern boundary of Captain Manasseh Narrosiep of the Red Nation. Not one of those Chiefs or captains recognises him to have more right or power than : any of themselves; in fact, not so much as many of them. In the first place, Manasseh Norrossiep is a young Chief of only four years’ standing; next, he is not of the blood of old Hoasiep; thirdly, there are two sons of old Hoasiep’s son alive; fourthly, he was made captain by the missionary and 13 of the men on the place without consulting the whole tribe, and according to Namaqua law it is usual, when a captain is shot or dies a natural death, to call the other Chiefs to appoint a successor. * = * I hope I have now satisfied you as to the country on the south, west, and north of Captain Manasseh Narrosiep’s territory and as to his neighbours around him. I will now turn east to the Chief Merincq at Lake Ngami and the Chief Andries Lambert, of the Great Cawas tribe. I will commence with Lambert. You are aware that early in 1885 I travelled among most of the Chiefs. The two or three whom I did not visit in person I wrote to, and sent the letters by special messenger. On this. occasion I visited Lambert. After a meeting of his council I told him I had a copy of the boundaries of the territory of the old Chief Amnal, who came formerly from the Colony, and I should like to hear from him and his councillors if they still remained the same. He replied they were the same. T said, formerly you claimed Little Vlei and the large tract of ground to Tsiep River, say 20 miles in breadth and 44 miles in length. I know that the Damara captain Kimimoe claims this as his down to Breaker End ; some day this ground will cause you and your old men trouble and perhaps bloodshed. My advice to-day to you is to lay no further claim to it. When I first knew you, you were over 700 men, and rich in stock of all kinds; now you are little more than 200, and in poverty. The Chief replied that he would consider the matter with his councillors, and give me an answer the next day. § The next morning I was called to a council, when the captain, the magistrate, and some 30 old men took my view of the matter. Late in the afternoon I gained my point, and it was settled that the boundary should be as follows :— From Beater End eastward to Nosiep River, thence north through flats, down a hill to Kabips tobacco place, thence up through flats about midway between Witte Vlei and Nosiep River, north-east to White Stone Fountain, keeping the stone pits in a line thence to Tsiep River, leaving Gobies 19 miles to the east, and Witte Vlei 20 or 22 miles to the west, thence eastward up the Tsiep River, as near as I can reckon by riding with waggons on hunting trips 160 miles, thence south through along Camelthorn Forest for some 74 miles without water to Tortoise Pits, where a little water is obtained by sucking through a reed in sand, thence south to Elephant Stream or Kloof, a good water between two mountains, or I may say a long velt with a break in the middle a little below the water, say 300 yards, thence up the main road from Great Namaqua- land and Damaraland to Rietfontein, thence to Cauca, thence to Robies, thence down to the lake. By this road their line runs down south-west to Seven Pits, about 19 miles from Elephant Stream or Kloof, it then strikes across flats of sand and a thick forest for some 64 miles to Koesieppan. It then turns west through a forest of camelthorn trees for some 30 miles to Goams, a fountain in a pan ground, thence it rung south through a long flat of sand downs and trees some 80 miles to Armans Piis, where 67 water is found in pits made by Bushmen and naked Damaras, who now live further eastward on the western border of the Kalihari. The Ime then strikes through another flat of some 30 miles to Fat, a fountain, thence nearly west to Vovelstruis Koei, then down a flat to Nosiep River, thence up the western side of Nosiep River, passing Nos-anibies tobacco place. It then continues its course up to where Beaker End River or Valley empties itself into Nosiep. This ends the line of the Chief of the Great Cawas tribe. Now I will begin with Simon Cooper of the Karakies tribe. His place of residence is Narocos in Hoodup River, and his boundary begins where I turned north from Lambert’s, and runs on the west side of that until opposite Kanca, where it meets the Chief Witboy’s ground, then it turns east to Hoodup River, east to Zwartfontein, at Kanicel Vlei turns south-west over flats some 24 miles to a fountain called Chabip, then runs south-east through flats to within 14 miles of Quamboce, then east through Dabip River, east through Hoodup River some 60 miles below Karacas, then strikes away into the western side of the Kalihari Desert. In fact I am of opinion that he lays claim to a large tract of ground on the western side of the Kalihari. If not, his people make use of it in hunting. However, I have never heard that he allows his people to interfere with Bushmen or Bakalihari in that country. His men are some .760 or 800 in number. They are of the old Namaqua race, and excellent shots. Like the others they do not acknowledge Manasseh Norrosiep or the authority which he professes to have in the country. This will show you who Norrosiep is, and how he is surrounded west, north, and east. J think I need not trouble you further with those Chiefs’ boundaries; but I will make some remarks upon other matters of which you may desire information. There are some 350 Bastards who have no captain. They are now to the best of my recollection 32 years from the Colony. They were first under the late Chief Goliah of Beersheba. Then they were under the late old Witboy for some 14 years, when they resided at Kalkfontein. There they had large gardens, and were doing very well. But after old Cupido Witboy punished Hosiep for plundering him and his tribe, a few white traders with most of the Red Nation took refuge in the mountains. Some of them went south to Beersheba, and others into the western side of the Kalihari Desert. The Bastards then moved to Sit-fontein, 18 miles from the present Chief Manasseh Narrosiep’s station. They are all intermarried, and could be called one family. Many of their young men are good hunters and waggon drivers, but I regret to say most are fond of. brandy, and but few are to be trusted out of sight. They still acknowledge Witboy, but will remain where they are as long as it suits their own purpose. The boundary between Manasseh Narrosiep and Witboy runs from a place called Witte Vlei to Zwart Modder, thence to Pance, thence to the Nosiep River. On the east of that river there is a small tract of land, the cccupants of which, I believe, are termed his subjects by Manasseh Narrosiep. I have had long experience there, and I am aware that the Red People go there to hunt ostriches, giraffes, and elands, and fre- quently hunt tne poor naked Damaras that belong to the Kalihari, should they find ostrich feathers, skins, or a few goats in their possession. WhenI wasin that country in February 1885 such took place. I saw seven cattle and 47 sheep and goats and other property that had been takes from the naked Damaras. T must now refer to the Chief Moses Witboy of the Kappatoe tribe, who left the Colony 40 years ago. When I made a list of them in 1881 they were 870 in number. They consist of people from the Colony and a number of Griquas, who migrated from Adara Kok and Waterboers territories, some 30 years ago, some earlier, others later. The late Cupido Witboy was respected by everyone who had anything to do with him; he could read and write well in Dutch, and was a firm friend to an Englishman to the day of his death, at the age of 101 years. His son Moses Witboy, the present Chief, was then appointed with the consent of three other Chiefs and the whole of his tribe, and was sworn in as Chief in my presence in the church by the minister. [I built a good brick house at Khosis in this Chief’s ground, where I resided for many years when not on hunting or trading expeditions, and I am well acquainted with the territory. It lies south south-east of the ground of Manasseh Narrosiep of the Red Natior. ee The boundaries are from Kycompies north-west to Break-Horn, joining Joseph Frederick’s ground. It then runs north through mountains and flats to Klein Garris, thence to Aardbesjes Vlei, thence down under a range of mountains to Fish River. This is his western boundary from Break Horn to Fish River, joining that of the Chief Adam Cole of the Great Dood tribe. The line then runs between two mountains to the top cof a velt, thence some 19 miles to Gariep, a small fountain lying between the two I 2 68 Chiefs, Manasseh Narrosiep on the south-west side and Witboy on the E. It then runs through the flats some 18 miles to the upper end of Witte Vlei, thence to Zwart Modder, thence nearly E., through a long pan ground, inclined to be brack, to Pance, a fountain beside the waggon road which leads to Litfontein, thence to the south of Kalkfontein, thence north to Bril Mag. The line then turns east and runs over sand downs and flats to the Nosiep River, where it meets those of the Chiefs Lambert of the Great Cawas, and Simon Cooper of the Karakeis tribe. Witboy’s line now continues south along the river to near Zartfontein; it then runs south-west through a long flat some 50 miles to Dabip, a fountain; it then runs east along a range of mountains to Gamboce, a strong fountain at the southern end of the Kromme Range, it then turns south, passing through Feel Grass, through Fish River, over the road to Wara Bath at Kamecos, leaves little Brak Cross on the east, turns W. through Lief River to Afterfontein, thence through a flat and over a mountain to Kycomplesis. This shows the Chief Witboy to be on the east side and next door neighbour to Narrosiep. On the north are four Damara Chiefs; on the west Zwartboy of the Topnaars, Jan Yonker and Hermanus Van Wyk; on the south Joseph Fredericks and Adam Cole of the Great Dood tribe; on the east Witboy; at Gibeon station, of the Kappatoes tribe. Jacobus Isaac; at Beersheba, of the Little Cawas tribe, Chipe of Zwart Modder, Carolus of the Velschoen dragers; at Houpe and Break Back, William Christian of the Bondelswarts, and Dirck Filander of the Bastards. From the Colony came formerly Witboy, Jan Yonker, Dirck Filander, Hermanus Van Wyk, Jacobus Isaac, and Adam Lambert. The ground from Elephant Kloof eastward to the western border of the Kalihari is some 40 miles in extent. There is a large fountain called Rietfontein in the Tsiep River. Twenty miles further down south-east is another fountain called Drive Sand, and again south-east is another called Kalkfontein. This I presume will be about the western border of the Kalihari that the English have taken under their control, though the maps give but little information on this point. From Rietfontein north-east through Tsiep to the Okavango River is an extent of ground 500 miles in length and 300 to 350 in breadth to Ovampoland on the west. This large extent of country is still inhabited by its rightful owners, the bushmen, and a poor Damara tribe; neither speak the Damara or Namaqua language, but the Bushman language. These people have not escaped being plundered by Cattle Damaras, namely, the tribe of old Apolles. On one occasion when I was hunting I had to ride a long distance for water. On my arrival at the water I saw two Bushmen, a woman and a female child, lying dead. They had been shot for drinking this water in the night by Apolles Damaras, who were standing under a camelthorn tree by the water. I reported this to Apolles, also to Kamaherero in a letter, but no notice was taken of it. I have frequently found large camps of these people, 60 to 70 huts of a half round shape. From the Tsiep River to the lake is the territory of the head Chief Merimie. The people are mixed Betchuana, are short and thick set, and speak the Namaqua language. I have, &c. J. T. Eustace, Esq., (Signed) J. W. Herripes. C.C. Damaraland, Springbokfontein. I have read this report of Mr. Herridge’s carefully over, and from my knowledge of the country believe the same to be strictly accurate. I know of no one who has had a longer experience of the different native tribes living in Great Namaqualand than the writer. . (Signed) J. T. Eusracs, July 20, 1886. C.C. and R.M., Namaqualand. Farm Welmoed, Lynedoch Station, Sir, July 15, 1886. I necrer very much that want of leisure did not allow me to reply at an earlier date to your inquiries about the territory of the so-called “ Red People” of Great Namaqualand, as contained in your communication No. 9/699/101, dated 17th June 1886. At tho same time, in order to supply you with all information in my possession, I was anxious to go over my diaries of travels where I had made notes concerning the G9 Namaquas and the question of ther geographical distribution. The Namaquas form the most numerous tribal branch of the Hottentot proper or nomadic Hottentot, who call themselves in their own language Khoikhoi, or men of men. They, as far as linguistic and ethnological and historical evidence goes, never migrated from or left their native land. This Namaqualand of olden times had, at the times when the Dutch took possession of the Cape of Good Hope, for boundaries, in the west the Atlantic Ocean, in the south a line drawn from the mouth of the Olifants River on our west coast towards the Kabiskouw Mountains in the Calvinia District, hence on the east a line drawn towards Kenhardt to the north up the drains of the Nosob River (z.e., about longitude 21° E. of Greenwich) to latitude 24°S., and hence in about a straight line to Lake Nugami. (This word Nugami is the Namaqua expression for water, having the Bantu or Kafir prefix n.) This clearly shows that the Juake Bechuana adopted the original Hottentot or Namaqua word Ugami for the lake when they took possession of Lake Nugami and environs. From the Lake Nugami again the boundary to the north is marked by a line formed by latitude 18° 30’ towards the east, until it reached about longitude 17° east of Greenwich and hence to the Lake Nugami. This Great Namaqualand was separated from Little Namaqualand in the south by the Orange River or Garib. } The most important tribe in Little Namaqualand were the Kowesis, who in about 1834 migrated from the Khamiesberg to Griqualand (now the Diamond Fields) and afterwards wandered from there to Great Namaqualand, and form now Kido Witbooi’s people, with the mission station Gheami’s, Great Namaqualand. They have constantly tried to conquer the Red People and to become the rulers of Great Namaqualand. The most important tribes of Great Namaqualand were the— (1.) The Geiukhous, or Red People. (2.) Geinams, or Great Karosses. (3.) The Aunis, or Topnaars. (4.) The ! Khara-gei-Khois. (5.) The !| Khara ! oas. (6.) 110-Geis, or Great Death. (7.) 110-Gei-Geis, or Great Great Death. (8.) 11 Habobes, or Veldschoendrages. 9.) !Gaminus, or Bundlezwarts. . All these tribes are closely related to each other and acknowledge the supreme authority of the “‘ Red People” or Geiukhous, whose Chiefs from times immemorial were at the same time the Paramount Chiefs of Great and Little Namaqualand, and up to 1863 this was acknowledged annually by the various tribes by paying to the Chief of the Geiukhaus, heifers. Through British occupation Little Namaqualand became separated from Great Namaqualand, and for the last 50 years the Bundlezwarts were in treaty with the Colonial Government, and thus gradually extricated themselves from the influence of the Paramount Chief, although the old men now even among the Bundle- zwarts do not deny to the Red People the supremacy. Then in the commencement of this century the Cattle Damaras or Herero, a Bantu or Kafir tribe, conquered the greater part of North Great Namaqualand, coming from the north, and occupied since what is termed now Damaraland proper. These Damaras had in 1823 driven the “ Red People” as far south as latitude 24°, when Gameb, the then Paramount Chief, called in the aid of the famous Jonker Afrikaner Haranaib, a Colonial Hottentot, who had taken up his residence with his- tribe at Blydeverwacht, east of Warmpad in the south-east of the country. Jonker drove the Damaras back and enslaved them, and took possession of North Namaqualand between latitude 21° 23’ and the Atlantic and longitude 18° H. of ao ieee could deny the paramount chieftainship to 11Oasib, the Chief of the Red People; for in 1858 110asib called all the Chiefs of Great N amaqualand together at | Hoaxa! nas, the present head-quarters of the “ Red People.” They all obeyed the call. At this meeting Jonker Afrikaner said to 110asib, “Come, let us first smash up « the Damaras, and afterwards we shall fight it out between ourselves who shall be « the Paramount Chief of Great Namaqualand.” These words can be historically roved, and clearly show who the Paramount Chief was. In the commencement of this century several Orlam or Colonial Hottentots, partly with Bastard blood, crossed the Orange River in search of new ground. Thus, what I3 70 is now Amraals people or Gebahis people in the north-east, settled with Gamus’ per- mission at Gobahis. They are the Canguas of the Cape Records. “a The Amaquas in two branches also crossed with the Rev. Schmeler, of the London Missionary Society, in 1814, the Orange River, and bought from the ‘“ Red People” what is now called the Bethany and Angra Pequena territory for axes, knives, spears, and various iron tools, but they always acknowledge the supremacy of the Red People. When the Hai Cauas or People of Paul Goliat, a branch of the Colonial Cauquas, took possession of what is now the Bersaba territory, long. 17°-18° and lat. 254°-27°, they had to pay 110asib, the Paramount Chief, a young mare, for not having asked his permission, and had to acknowledge his supremacy. In the first Damara war from 1861-1870, in which the late Chas. Anderson played a part, the Orlam or Colonial Hottentots tried to throw off the supremacy of the “Red People.’ They partly defeated the latter, but among the inhabitants of Great Namaqualand the feeling up to this date has not been removed that ihe “Red People” are the leading tribe of the country. The ‘“ Red People” now still occupy the territory between the Atlantic Ocean and lat. 23° and 25° towards the east, to about long. 21° 30”. They live still in large numbers on and along the road to Lake Nugami, and in 1877 from April till June I was hunting in other grounds chiefly between the parallels 223° and 24° and longitude 19°-21° with the permission of the Chief Barnabas. While other traders and hunters were molested and prevented from hunting, the ‘Red People” then as well as the Gobabis people never in one single instance interfered with me or my hunters, when they were told by the guide Barnabas had. sent with me that I had come there with the permission of the Chief of the “ Red Nation.” There were many old and grey men of the “Red People” who told me that they had never seen their Chief yet, but they would have to go and see him if he would send for them. All the Bushmen in that part stood under their sway, and they told me that even the Bushmen near Ghauge and Kobis on the road to Lake Nugamis were their Bushmen. , This is what I have gathered on my travels about the geographical distribution of the Geiukhous or “ Red People” of Great Namaqualand. While all other Namaqua tribes more or less shifted about the country, they never left their grounds. From times immemorial the graves of their Chiefs are at Hatsamas, the old residence kraal east of Rehoboth, on the bank of the Gubagub River. I have, &c. The Honourable the Colonial Secretary, (Signed) THeopaitus Haun. Cape Town. No. 78. The Rieut Hon. Str HERCULES ROBINSON, G.C.M.G., to the Rieur Hon, EDWARD STANHOPE, M.P. (Received September 29, 1886.) Government House, Cape Town, Sir, F September 8, 1886. I nave the honour to acknowledge the receipt of Earl Granville’s Despatch of the 3lst July last,* covering a copy of a correspondence between the firm of Daniel de Pass and Co. and the Colonial Office respecting the claims of that firm on the West Coast of Africa in connexion with the bankruptey of Mr. Spence. I enclose, for your information, a copy of a report by Mr. John Graham, the High Sheriff, and newspaper cuttings, giving reports of the meeting of creditors in the insolvent estate of Mr. John Spence. I gather from Mr. Graham’s report that the claim made by the firm of Daniel do Pass and Co. in their letter of the 27th July last { is contested, and is likely to become the subject of litigation in the Supreme Court of this Colony. I have, &e. (Signed) HERCULES ROBINSON, The Right Hon. Hdward Stanhope, M.P., High Commissioner, &e. &e. &e. * No. 70, t Not printed. t No. 68, 71 Enclosure in No. 78. Minvre or Hien Suerirr. Cape Town, August 31, 1886. Caprarn Sprncn’s insolvent estate is now being liquidated by his trustee. Mr. De Pass has instituted legal proceedings against the Government (as lessor of the islands) and the trustee of Captain Spence’s estate to have it declared that he, Mr. De Pass, is solely entitled to all the interest of the late firm of De Pass, Spence, and Co. to and in a certain lease “ of the Islands Ichaboe and the Guano Islands, to wit, “ Ichaboe, Roast Beef, Albatross, Rock, Halifax, Murray, Possession, Plum Pudding, ““ Pomona, Seal, Long, Penguin Hollamsbird and Highty-four Islands.” Summons has been issued in the Supreme Court, and the action is contested by the Government and the trustee of Captain Spence’s estate. I append an extract from the “ Argus”* which contains the report of the provisional trustees in the estate presented at the second meeting of creditors. A summary of the insolvent’s scheduled assets is also given; the latter include. the interest in the islands. (Signed) Joun J. GRAHAM, The Imperial Secretary. High Sheriff. No. 79. COLONIAL OFFICE to FOREIGN OFFICE. (Extract.) Downing Street, October 8, 1886. Wiru reference to the letter from this Department of 27th. March last,; I am directed by Mr. Secretary Stanhope to transmit to you, to be laid before the Earl of Iddesleigh, a copy of a Despatcht from the High Commissioner for South Africa enclosing reports upon the subject of the extent of the territories of the “ Red People,” with reference to a complaint, received through the German Ambassador in London, from the Chief Manasse Noreseb that a portion of his territories was included in the British Protectorate of Bechuanaland. Mr. Stanhope considers that a communication in the sense suggested by Sir Hercules Robinson in the last paragraph of his Despatch might properly be made to the German Government. No. 80. The AGENT-GENERAL FOR THE CAPE to COLONIAL OFFICE. 7, Albert Mansions, Victoria Street, London, S.W., Str, October 22, 1886. I am instructed to transmit to you, for submission to the Right Honourable the Secretary of State, the accompanying copy of a letter (with enclosure) on the subject of the lamented murder of Mr. W. Jordan, the President of the Bestuur, Upingtonia, which Mr. J. Gordon Sprigg, Treasurer of the Cape Colony, has here received from Mr. John Lees. Iam, &c. (Signed) CHARLES MILLS, The Under Secretary of State Agent-General for the Cape of Good Hope. for the Colonies. Enclosure in No. 80. 9, Cape of Good Hope Bank Chambers, Cape Town, Sir, September 28, 1886. Ir is my painful task to call your attention to a paragraph in the Weekly Mail Edition of the ‘“‘ Cape Times ” of the 29th inst., in which is detailed the circumstances of the murder of Mr. W. W. Jordan, the President of the Bestuur, and purchaser of Upingtonia. * Not printed. 7 No. 55, t No. 77. . I 4 72 The reasons for this deed I feel compelled, on behalf of the family of the murdered man, a mother and sister at Rondebosch, and those connected with him in political life, to investigate, as far as my power extends, and as the Secretary of the Bestuur of Upingtonia is probably now away hunting in the Amboellas, and will not return for some time, the reasons may present themselves to his notice which we at a distance fail to perceive, unless the idea of my correspondent from Walwish Bay, that all white people have been massacred or left the country, is correct. May I ask you to bring to the notice of the Right Honourable the Secretary of State for the Colonies the information now published, and of which there is corroborative evidence. The writers of these letters are people of good repute. I have, &e. -(Signed) JOHN Lire, Hon. J. Gordon Sprigg, Esq., M.L.A., Agent for Upingtonia. &c. &e. &e. From the “ Cape Times,” September 29, 1886. OVAMPOLAND. Murper or Mr. W. Jorpan. A correspondent, writing from Otjimbinque, Damaraland, under date August 24th, reports the death of Mr. William Worthington Jordan in Ovampoland, murdered, it is supposed, by the Chief’s brother. Our correspondent writes :—‘ Since my last letter to you, I have to report with sorrow that we have received serious news from Ovampoland, reporting the sad ‘© death of poor Will Jordan,-who is supposed to have been murdered by Kambonde’s “ brother. What may be the cause of this murder we have not yet heard. What- « ever faults poor Jordan may have had was for the benefit of others, and not for his ‘“* own interest, and we had only hoped that by the weight of his character and by his “ great talents that he would have been spared to render great services to his beloved “ countrymen. Although, Mr. Editor, I have written in strong language against him, “ yet Will Jordan was a man whom I greatly respected and admired, not only for his “ fearless courage, but also for his unassuming manliness. And those who knew him ‘“* best know what great courage he had when everything turned agains him. It is “ only to be hoped that immediate steps will be taken by our Government to aid us, « and exterminate this cowardly, wicked, and treacherous Ovambo race. The blood “ of missionaries, the blood of traders, and the blood of Will Jordan to-day cries out “ in vengeance against these people, the Ovambo tribes, and we petition to you, the “ civilised Powers of Europe—England, Germany, Belgium, France, and Portugal— “ to come over and help us.” “eé Joun B. Cant, Damaraland. A private letter received in Cape Town, and dated Omaruro, the 16th of August, gives the following description of the treacherous murder of Mr. Jordan :— “On the 8th of August a report reached here from Ovampoland, announcing the ‘cowardly murder of Mr. W. Jordan, of Upingtonia colonisation scheme reputation. It appears that Mr. Jordan arrived at Ondanga on the 29th of June, late in the afternoon, and spanned out within 50 yards of the missionary house. That night Mr. Jordan’s waggon was surrounded by a lot of Ovampos, but unknown to Jordan, or to any of his attendants. Early next morning, before sunrise, these Ovampos who guarded the encampment during the night (for fear lest any should escape) presented themselves at the waggon and squatted around the fire. ‘hey mustered about 30 men, and the salesman of the Chief ‘ Kambonde’ was amongst the number and acted as spokesman. This salesman then spoke to Mr. Jordan’s driver (who was sitting by the fire at the time preparing some tea for his master), and informed him that he was sent by the chief with an ox as a present or for sale, not certain which, to Mr. Jordan, and that he wanted to greet him. The driver replied that his master was still asleep, but that he would call him. Whereupon Mr. Jordan was roused, and got out of the waggon greeted all those present, and sat down by the fire, and commenced. lacing his boots. ‘While so engaged the driver handed him a cup of tea, and as Jordan raised himself 73 to take the tea, the Ovampos directly opposite him, at a distance of some three feet, discharged the contents of a double-barrel elephant-gun right into his chest. Mr. Jordan fell, and death was instantaneous. The driver on seeing this ran to the waggon for his gun, whereupon the Ovampos opened fire on this poor fellow, and gave him four bullet wounds, from the effects of which he died some 48 hours after. After this tragical event they spanned in the waggon and took it down to the chief place, where the goods contained in the waggon were distributed among themselves. I forgot to mention that Jordan was stripped quite naked as soon as he fell, and left for some time where he fell. Two or three hours after the Chief ‘ Kambonde’ had been informed that his order to kill Jordan had been duly carried out he dispatched some eight bushmen to the scene of murder in order to bury Jordan. This they did by scratching a hole about a foot deep and by rolling the body over into it, and covering it over with the loose earth. The missionary, Mr. , has kindly built a wall round the spot as a tribute to his memory. It was also the intention of the Ovampos to kill two Boers, names at present unknown, who went there to sell a horse and buy some corn, but owing to the arrival of another trader from Omaruro, the Boers had time to give them the slip. I am told that it was also the intention of the Ovaquamjama to kill Mr. Carel Lean, who happened to be trading amongst that tribe about the same time that Jordan was killed by the Ovampos. Fortunately for Lean he ‘smelled’ a rat and cleared out, thus saving his life by the ‘skin of his teeth.’ The tribe above mentioned (Ovaquamjama) is the same who so cruelly murdered the Roman Catholic missionaries some time ago. I have cautioned Mr. Jordan before now to beware of native treachery, but the poor man foolishly placed too much confidence in his Ovampo neighbours. I know the Ovampos too well, and have seen enough of their treacherous dealings. If it had not been that I was always on my guard I would have suffered the same fate when I made that trip through the Angola country to Benguela. There is little doubt that ‘ Upingtonia ’ will now collapse, and I think the Boers will soon leave either for the Transvaal or for Humpata, in the Portuguese territory. From all this you can see that the trader or hunter in this country, or, in fact, whoever has to earn his bread down here, is exposed to imminent danger both as regards life and property, and especially, at the present time, and if I could I would leave the country rather than expose my life inthis manner. Mr. Jordan has a sister in Cape Town and a couple of brothers in the Colony. I can vouch for the truth of this affair, for 1 have it from a friend of mine, and I can fully rely on his statement.” No. 81. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, October 29, 1886. Wiru reference to previous correspondence, I am directed by the Secretary of State for Foreign Affairs to transmit to you, to be laid before the Secretary of State for the Colonies, a Despatch from Her Majesty’s Ambassador at Berlin relative to the Anglo-German claims in South-west Africa. I am to request that the accompanying Despatch may be returned to this office. ; Iam, &e. The Under Secretary of State, (Signed ) T. V. LISTER. Colonial Office. ; Enclasure in No. 81. My Lorp, Berlin, October 23, 1886. I wave the honour to transmit to your Lordship herewith a copy of a note which, in obedience to the instructions contained in your Lordship’s Despatch of this series of the 9th of August last, I have this day addressed to Count Bismarck informing his Excellency that Her Majesty's Government approve and accept the arrangements embodied in the Protocol drawn up by Mr. Scott and Dr. Krauel for a U 50462. K 74 settlement of certain outstanding British claims in the German Protectorate of South- west Africa, and requesting to be informed of the decision arrived at by the Imperial Government with regard to the arrangements in question. I have, &c. The Earl of Iddesleigh, G.C.B., ' (Signed) E. B. Mater. &e. &e. &e, M. re Secreérarre p Erat, Berlin, October 23, 1886. Her Majesty’s Government have had under their consideration the Protocol sioned by Dr. Krauel and Mr. Scott, containing the joint recommendations of the Imperial and British Commissioners for a settlement of certain outstanding British claims in the Imperial Protectorate of South-west Africa in regard to which the Commissioners at Cape Town failed to arrive at an agreement. I have now the honour to inform your Excellency, by direction of Her Majesty’s Principal Secretary of State for Foreign Affairs, that the arrangements embodied in the Protocol in question are approved and accepted by Her Majesty’s Government. In acquainting your Excellency with this decision, I am directed to add that Her Majesty’s Government would be glad to be informed whether the Imperial Government in like manner approve and accept the arrangement in question. I have, &c. ; His Excellency the Count Bismarck, (Signed) Epwarp B. Mater. © &e. &e. &e. ” No. 82. COLONIAL OFFICE to FOREIGN OFFICKH. Str, Downing Street, October 29, 1886. Wir reference to the letter from this Department of 28th August, and your reply of 7th September,” on the subject of the Settlement of Upingtonia in Ovamboland, Iam directed by Mr. Secretary Stanhope to transmit to you, to be laid before the Earl of Iddesleigh, a copy ofa letter} from the Agent-General for the Cape Colony, with its enclosures, respecting the murder of Mr. W. W. Jordan, President of the Bestuur of Upingtonia. I am to suggest that these papers should be communicated to the German Govern- ment, observing that the locality of the murder lies to the west of longitude 20° East, and thus within the limits in which Her Majesty’s Government have agreed with Germany that they will not seek to exercise political influence. Tam, &c. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. No. 83. COLONIAL OFFICE to the AGENT-GENERAL FOR THE CAPE. Sir, Downing Street, October 29, 1886. I am directed by Mr. Secretary Stanhope to acknowledge the receipt of your letter of 22nd instant, with its enclosures, respecting the murder of Mr. W. Jordan President of the Bestuur of Upingtonia, and in reply [am to acquaint you that a copy of it has been sent to the Foreign Office, with a suggestion that the papers should be communicated to the German Government, as the locality of the murder lies to the west of longitude 20° E., and thus within the limits in which Her Majesty’s Government have agreed with Germany that they will not seek to exercise political influence. I am to take this opportunity of transmitting, for your information, a copy of a letter} which was recently sent to Mr. Charles Warren, I’.R.G.S., in reply to one in which he communicated to Mr. Stanhope certain papers respecting disputes between the late Mr Jordan and the German representatives in Luderitzland. : ; ; Tam, &c. niccnicaa (Signed) JOHN BRAMSTON. * Nos. 74 and 75, Tt Fo. 80. t No. 76, 75 No. 84. DANIEL DE PASS, Hse, to COLONIAL OFFICE. 128, Leadenhall Street, London, November 9, 1886. Havine reported to you the bankruptcy of Mr. John Spence, I have now to advise that the Supreme Court of the Cape has, under section No. 4 of the Cape Insolvent Law, decided that this share does not fall to me as the survivor of De Pass, Spence, & Co. The Government are by this judgment entitled to treat Spence’s share as forfeited. I respectfully submit that this lease, the parties to which gave to Sir P. HE. Wodehouse, the then Governor of the Ichaboe Islands, property in another lease in value some 50,0007. That letters passed between parties, in which the under- standing was come to that we should hold an Imperial lease, and not a Colonial one: that the harbour of Angra Pequina was to be annexed, so that the islands leased. should retain their value, and it was never contemplated the lease should be forfeited or any division of interests by separation or partition of the islands for portions of them to fall to any outside buyer who could disturb the birds and destroy the property. I beg to repeat that no such intention existed on either side. The then Attorney- General at the Cape struck out our clauses which we had provided to secure to each party to the lease their separate interests, and his evidence can be secured here in London to this fact. He refused this, and we had then between ourselves to settle such partitions and provide for one working. de “ihn oa os IT have throughout held the lease direct from the then Governor of a dependency of the Crown. I have never been called on to surrender it or accept a Colonial lease. and in the payment of rent last August I handed to the Cape Government a letter, copy of which I beg to enclose. Taking all these facts into consideration, if the Cape Government come into this property through the action of laws unprovided for, I have to urge that you will bring before the Cape Government the hardship and loss I should suffer should they take measures to sell this share by public auction, and set up a conflicting disturbance on our islands to the ruination of my property. Str, _ Thave, &e. | To the Secretary of State for (Signed) DANIEL DE PASS. the Colonies. Enclosure in No. 84. Sir, Cape Town, July 1886. In forwarding you a cheque for 800/. rent due for the Ichaboe Guano leases, and according to its term, I do not wish you to infer from such payment that I admit that the Government you represent is my landlord. Tt was a distinct understanding when the lease which we still hold under was drawn up by the then Government of the Ichaboe Islands that we should have during its continuance the Imperial Government to deal with us as our landlord. When the Bill for the annexation of the Ichaboe Islands to this Colony was introduced under the adminis- tration of another Governor, Mr. Spence, one of the parties to the lease, interviewed the then Colonial Secretary, Mr. J. C. Molteno, and objected and protested against the transfer of responsibility from the Imperial to the Colonial Government contemplated by the Bill, and certain correspondence passed on the subject. At the time the lease was entered into the then Governor, by virtue of an express stipulation to that effect, and in order to protect and make of permanent value the islands at Angra Pequina, caused the further annexation cf the bay and harbour there ed. | cy ree done at Penguin Island, and by Captain C. OC. Forsyth, H.M.S. “ Valorous,” on the 5th May 1866, the manager of our islands being expressly put on board taht ship to point out the hocalities required. : These stipulations having been completed, the lessees enjoyed the full advantage of an uninterrupted occupation until the German settlement, when the German Chancellor in protecting his German subject Luderitz, whether his claims were tenable or not, proclaimed German sovereignty over a strip of coast land, and acting upon and by virtue of an alleged grant to Luderitz from a certain Chief, which grant. purporied to include the bay and shore of Angra Pequina. . K 2 76 By this proclamation and consequent transference of sovereignty we have lost the benefit of a permanent and undisturbed occupation, and we have already by such German occupation been subjected to a serious loss of guano, notably from Seal and Penguin Islands. The loss will be continuous and of long duration, in fact until such time as the birds now scared away return, re-commence their breeding, rear sufficient of their young, and make the islands named their habitat again ; not until then will these islands give us any return for the rent now paid by us and for the consideration given for the lease. We filed certain claims before the Angra Pequina Angio-German Coramission, but up to this they have not been adjudged or settled. The facts as disclosed before the English Parliament go to show that the Colonial Government had the option during six months of securing the sovereignty of the bay and harbour of Angra Pequina, but for some reasons best known to the Cape Premier he refrained from giving any answer to the British authorities, [who], construing their silence as unfavourable to this annexation, did not seriously oppose the steps the German Government were taking. ; Bearing all these circumstances in mind, I contend that there has been a breach of the conditions made at the time the lease was entered into, and that our landlord, whoever is proved eventually to be, is liable in substantial damages to those interested in the lease, and to which notwithstanding this or any other payment of rent we shall hold him. I have, &ce. To the Treasurer-General of the Cape (Signed) DanieL De Pass. Government, Cape Town. No. 85. The Rignt Hon. EDWARD STANHOPH, M.P., to Lizurenant-Genrrat H. DQ’. TORRENS, C.B. Sir, Downing Street, November 18, 1886. T nave the honour to transmit to you for communication to your Ministers the enclosed copies of correspondence* between Mr. Daniel De Pass and this Department, relative to the forfeiture of the one-third share of the Peuguin Islands lease hitherto enjoyed by Mr. Spence. The contention of Mr. De Pass appears to deserve consideration before the Cape Government proceeds to a sale of Mr. Spence’s one-third interest, even if your Ministers are satisfied that a lease can, under the law of the Cape, be determined and put an end to as to the undivided third share of one co-lessee, while the two remaining undivided third shares of the other co-lessee Gontinue in full force. Apart from any legal question, Mr. De Pass appears to desire that the third share in the lease may not be put up to public auction, as that would be a special injury to him, as likely to introduce a possibly hostile partner on the islands, who would be in a position to ruin his interest. I trust that your Ministers, if satisfied that they have power to sell, may favourably consider this view of the matter, which appears to me not unreasonable. I have, &c. ne (Signed) EDWARD STANHOPE. The Officer Administering the Government. No. 86. COLONIAL OFFICE to DANIEL DE PASS, Esa. Sir, . Downing Street, November 18, 1886. I am directed by Mr. Secretary Stanhope to acknowledge the receipt of your letter of the 9th instant,+ urging what you consider to be the hardship of interpretin the lease of the Penguin Islands by Cape statute law, as has been done by the judgment of the Cape Supreme Court in reference to Mr. Spence’s share. Mr. Stanhope understands your argument to be that as the lease was granted in 1869 by Sir Philip Wodehouse, as Governor of the Penguin Islands, and not ag Governor of the Cape, and some years before the islands were incorporated with the * Nos. 84 and x6. Tt No. 84. 77 Cape Colony, the lease ought to be interpreted according to the law of England, of which the Penguin Islands were then a dependency, and not according to the statute law of the Cape Colony. I am to observe that this would appear to make no difference as far as your interests are concerned, for, if your contention were right, the only effect would be that the third share of Mr. Spence, instead of reverting under the Cape Statute to the Crown as landlord in consequence of the bankruptcy, might be held to have passed under the law of England to his creditors, as represented by his trustee in bankruptey, whose duty it would have been to sell the share to the best advantage. Mr. Stanhope is not aware whether your view as to the non-applicability of the Cape law was argued in court, and he can, of course, express no opinion upon it. He will, however, forward your letter to the Officer Administering the Government of the Cape Colony for the consideration of the Cape Government. Tam, &ec. Daniel De Pass, Esq. (Signed) JOHN BRAMSTON. No. 87. DANIEL DE PASS, Eso., to COLONIAL OFFICE. 128, Leadenhall Street, London, Sir, November 22, 1886. I nave to acknowledge the receipt of your letter of the 18th instant,* which is in reply to one I had the honour to address to you dated the 9th instant.+ While thanking you for the consideration given to the points of my letter, and agreeing as I do with the views of Mr. Secretary Stanhope as to the effect of the Cape statute law and English law with regard to the share of Mr. Spence. The real point I wished to convey was, that it having been decided that Cape statute law and not English law is to be applied to the lease (to which English law only could apply at the time it was granted to me and others, the property being then Imperial, not Colonial, and the lease granted by the Imperial Governor), I am now in possession of a lease the total value of which vanishes on my insolvency, and I am damaged by the operation of the Cape insolvent law. The lease is not the bona fide quid pro quo accepted and intended to be given us on the exchange of properties. For instance, I may state that some years ago I raised the sum of 17,000/. as a loan on these leases, while it would be impossible now to borrow a penny on it. I sought to convey to you the position of injury I have sustained, and regarding the lease as an Imperial one for you to submit to the Cape Government that if I lose the appeal and they do actually become possessed of Mr. Spence’s share, having previously received full consideration for the same, that they should recognise me as the survivor of De Pass, Spence, and Co., and make over to me this third share for, say a moderate increase of rent, the amount of which might be mutually arranged, and provide me with such documents that will protect me from the action of the present Cape insolvent law as regards forfeiture. I have, &e. The Secretary of State (Signed) DANIEL DE PASS, for the Colonies. No. 88. The Riant Hon. EDWARD STANHOPE, M.P., to Lizvrenant-Generat H. D’O. TORRENS, C.B. Downing Street, November 25, 1886. Wir reference to my Despatch of the 18th instant,{ I transmit to you a copy of a further letter§ from Mr. Daniel De Pass relative to the lease of the Penguin Islands; and I have to request that you will communicate this letter to your Ministers for their consideration. Sir, I have, &c. Lieut.-General Torrens. (Signed) EDWARD STANHOPE. * No. 86. f No. 84. t No. 85. § No. 87. K 38 78 No.89. fae COLONIAL OFFICE to DANIEL DE PASS, Esa.” Sip, Downing Street, November 25, 1886. I am directed by Mr. Secretary Stanhope to acknowledge the receipt of your letter of the 22nd instant,* explaining more fully what are your wishes in regard to the share of the Penguin Islands lease lately held by Mr. Spence, and in reply I am to acquaint you that your letter will be communicated to the Officer Administering the Government of the Cape Colony for the consideration of his Ministers. Iam, &c. Daniel De Pass, Esq. (Signed) ROBERT G. W. HERBERT. No. 90. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, November 29, 1886. Wirn reference to your letter of the 29th ultimo,t I am directed by tho Secretary of State for Foreign Affairs to transmit to you, to be laid before the . Secretary of State for the Colonies, copy of a Despatch-‘from Sir E. Malet, Her Majesty’s Ambassador at Berlin, relative to the murder of Mr. Jordan. Tam; &ce. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. Enclosure in No. 90. My Lorp, Berlin, November 17, 1886. Wira reference to your Lordship’s Despatch of the 10th instant, relating to the murder of Mr. W. W. Jordan, President of the Bestuur in Upingtonia, [ have the honour to enclose copy of a note verbale on the subject, which I sent to the German Ministry for Foreign Affairs on the 15th instant. Count Bismarck spoke to me with regard to it yesterday and said that the Imperial Government was still in negotiation with the Portuguese Government respecting the northern limits of the territory over which Germany desired to exert its influence, but until these negotiations were completed the authority of the German Government would not be exerted in the regions concerned, and the tribe of Ovampos appeared_to be within them. ~ I have the honour to return the original enclosures in your Lordship’s Despatch. I have, &ec. : The Harl of eae G.C.B. (Signed) EH. B. Mater. &e. i ae: ed © kG Tue Imperial Government has doubtless been made acquainted with certain claims set up by a settler named Mr. W. Jordan, in territories in South Africa, to which the name of ‘“ Upingtonia.’. hasbeen given, lying between 15 and 20 east longitude, and 18 and 20 south latitude. These claims having been brought to the notice of the Colonial Office, the Secretary of State for the Colonies replied with the approval of the Secretary of State for Foreign Affairs, that it has been agreed between the German and English Governments that the latter will not seek to exercise political influence north of the Orange River or west of the 20th degree of east longitude, and that as the so called settlement of Upingtonia lies beyond these limits the proper course for Mr. Jordan, if he considers himself aggrieved, is [at liberty ?] to make further repre- sentations on the subject to the local German authorities. Since then, news has arrived that Mr. Jordan was murdered at Ondanga on the 20th of June at the instigation of a Ckief named Rambondo, and the circumstances of the case have been laid before the Secretary of State for the Colonies as the murder took place beyond the limits of British interests. * No. 87. + No. 82. 19 Sir E. Malet is instructed to acquaint the Imperial Foreign Office with it, and bs lay before it two newspaper extracts purporting to give an account of what took place. It is requested that the Imperial Foreign Office will be so good as to return these documents when done with. (Signed) E. B. Mazer, No. 91. COLONIAL OFFICE to the AGENT-GENERAL FOR THE CAPE. Sir, Downing Street, December 10, 1886. I am directed by Mr. Secretary Stanhope to transmit to you, with reference to your letter of the 22nd of October,* the accompanying copy of a lettert from the Foreign Office, enclosing one of a Despatch from Her Majesty’s Ambassador at Beri, with regard to the murder of Mr. W. W. Jordan in Ovampoland. A copy of the correspondence has been sent to the High Commissioner for South Africa. Tam, &c. Sir Charles Mills. (Signed) JOHN BRAMSTON. No. 92. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, January 24, 1887. Wiru reference to the Colonial Office letter of the 2nd of August last,t I am directed by the Marquis of Salisbury to transmit to you herewith, for the information of Her Majesty’s Secretary of State for the Colonies, a copy of a note received from Count Hatzfeldt, the German Ambassador at this Court, stating that the Imperial Government agree to the proposals contained in the Protocol, a translation of which is herewith enclosed, and which, on the 15th of July last, was signed by Mr. Scott and Dr. Krauel, the English and German Commissioners, respecting the rights of British subjects in the South-west African territories under German protection. Iam, &c. The Under Secretary of State, (Signed) P. W. CURRIE. Colonial Office Enclosure } in No, 92. (Translation. ) German Embassy, London, My Lorp, November 13, 1886. In a note of the 23rd ultimo the British Ambassador in Berlin informed the Imperial Government that his Government agreed to the proposals contained in the Protocol, the German version of which is herewith enclosed, respecting the rights of British subjects in the South-west African territories under German protection, which Protocol was signed on the 15th of July last by Mr. Scott, the First Secretary of the English Embassy in Berlin, and Dr. Krauel, Privy Councillor of Legation. Sir Edward Malet stated at the same time that the British Government wished to be informed whether tne Imperial Government also agreed to the proposals in question. In reply, I am instructed to express the concurrence of my Government in the pro- posals made in the enclosed Protocol. The Imperial Government 1s prepared to take the necessary steps to communicate the provisions of the Protocol to those interested, and as far as necessary to superintend the execution of those provisions through the Imperial officials in the protected territory. TL have, &c. His Excellency the Earl of Iddesleigh. (Signed) N. Harzrexpr. *® No. 80. Tt No. 90. { No. 71. K 4 80 Enclosure 2 in No. 92. PrRotocot. Tue undersigned Commissioners, baving met and discussed fully those British claims in the territories placed under German protection in South-west Africa, upon which Messrs. Bieber and Shippard, the Commissioners at Cape T'own, had disagreed, agree to submit to their Governments the following recommendations :— 1. Hbony Mines. That if Robert Lewis or his assigns desire to work this mine, he or they be at liberty to do so, and to convey the ore to the coast until the 2Ist of September 1898, without payment to and without hindrance or interference by the Colonial Company. 2. Sandwich Harbour. That Mr. Anders Ohlson (trading as A. Oblson and Co.) and Messrs. Ve Pass, Spence, and Co. respectively, be held to have acquired a full title in perpetuity for themselves and their assigns to the Jands and buildings which they respectively have heretofore occupied in Sandwich Harbour for the purposes of the fishery, together with the right to eacb firm of taking at any time any other sites on the shore of this harbour, and of erecting buildings thereon, should the sand, as has happened before, shift so as to render useless the land which is now, or at any future time may be, occupied by the buildings; it being understood that any site so taken becomes the absolute property of Messrs. De Pass, Spence, and Co. or of Mr. Ohlson, or their respective assigns, as the case requires, and that they have no further claim to the land which they previously occupied ; but that neither firm nor their assigns are entitled to take any site occupied by other persons, nor to take any site the occapation of which would interfere with other persons. That it should be further recognised that the firms of A. Ohlson and De Pass, Spence, and Co. have the right of coast fishery in Sandwich Harbour, and along the coast between Sandwich Harbour and the point 23° 20’ S. Jat., 14° 31’ E. long., with the right of landing on and using for fishery purposes any part of the coast not in the private possession of third parties, subject always to the observance of any laws and regulations which may be issued by the competent authorities. The said firms shall net, however, have any right to hinder other persons from also fishing there, or from establishing themselves in Sand- wich Harbour. 3. Hottentot Bay. | That Messrs. De Pass, Spence, and Co. have in like manner acquired a full title in perpetuity for themselves and their assigns to the guano deposits at Hottentot Bay, and to the land which they now occupy there for carrying on fishery or collecting of guano. 4. Unnamed Islets and Rocks. That Messrs. De Pass, Spence, and Co. and their assigns be free to make use, as they have hitherto done, of these islets and rocks, including Shark Island, without payment until the expiry of their lease, that is to say, until the 30th of June 1895; and if the British Government waive all claim to the sovereignty of these islands and rocks and acknowledge the sovereignty of Germany over them, then that the latter Power should consent to confer no private rights over them to any persons other than the lessees for the time being of the 12 British Islands named in the Letters Patent of the 27th February 1867. Upon this understanding the British Commissioner will recommend his Government to acknowledge forthwith the sovereignty of Germany in these islets and rocks. 5. Mainland Claims. That Messrs. De Pass, Spence, and Co. should be held to have acquired for themselves and their assigns a full title in perpetuity to the Pomona Mine, with two English miles of land round the mine on every side ; and that they should have the right to use the lagoon for their vessels, and to make use of the Jand round the lagoen for all purposes as they have done hitherto, without payment and without hindrance or disturbance by the Colonial Company, and if irreconcilable disputes between the firm and the company should arise as to the proper exercise of these rights on Jand, then that the chief officer of the German Government within the Protectorate shall allot to Messrs. De Pass. Spence, and Co. or their assigns sufficient land for the purposes of their business, conye- niently situated on the shore of the lagoon, and that the land so ailotted shall become 81 the absolute property in perpetuity of the persons to whom the same is allotted, but that such allotting of land shall in no way affect or lessen their right to use the lagoon for their vessels, aa (Signed) Cuares 8. Scorr. Berlin, July 15, 1886. R. Kraven. No. 93. Messrs. DANIEL DE PASS ann Co. to COLONIAL OFFICE. 7 1, Fenchurch Buildings, Fenchurch Street; Sir, London, January 31st, 1887. WE are advised that the German Consul at the Cape has communicated the award of the German and English Governments in the “ Angra Pequina and Coast Claims” to several people. : As we understood we should be made acquainted with the award at the same time a3 the authorities at the Cape, we should be obliged by your informing us whether this is the case, and if so, of the nature of the award. We are, &c. To the Secretary of State (Signed) DANIEL DE PASS anp Co. for the Colonies. No. 94. The Ricur Hon. Sr H. T. HOLLAND, Barr., G.C.M.G., M.P., to the Ricut How. Sir HERCULES ROBINSON, G.C.M.G. Sir, Downing Street, February 3, 1887. Wiru reference to previous correspondence I have the honour to transmit to you a copy of a letter* from the Foreign Office, with its enclosures, from which you will learn the nature of the settlement which has been arrived at respecting the rights of British subjects in the South-west African territories under German protection upon the points on which the Anglo-German Commissioners had differed. I have to request you to communicate the result to the persons concerned. Papers containing fuller particulars as to the negotiations will shortly be laid before Parliament, and copies will be transmitted to you in due course. I have, &c. Sir H. Robinson. (Signed) H. T. HOLLAND. No. 95. COLONIAL OFFICE to Messrs. DE PASS & Co. GENTLEMEN, ° Downing Street, February 3, 1887. In reply to your letter of the 31st ultimot I am directed by Secretary Sir H. Holland to transmit to you a copy of a Protocol{ which was signed at Berlin on 15th July last, and which has now been accepted by Her Majesty’s Government and by the German Government for the settlement of the questions respecting the rights.of British subjects in the South-west African territories under German protection upon which the Anglo-German Commissioners had differed. I am to add that the German Ambassador in communicating the acceptance by his Government of the proposal made in the accompanying Protocol intimated that the Imperial (German) Government is prepared to take the necessary steps to communicate the provisions of the Protocol as far as necessary under the superintendence of the Imperial officials in the protected territory. Iam, &c. Messrs. D. de Pass and Co. (Signed) JOHN BRAMSTON. # No. 92. t No. 93. t Enclosure 2 in No. 92. U 50462. L 82 No. 96. Messrs. DANIEL DE PASS ann Co. to COLONIAL OFFICE 1, Fenchurch Buildings, Fenchurch. Street, Sir, London, February 11, 1887. We have perused the copy of Protocol signed at Berlin on 15th July 1886, and do not consider that the agreement entered into between the German and British Governments in reference to our claims is drawn in accordance with the justice which we, as tenants of the Imperial Government, bave a right to expect, and we will endeavour in due course to put this plainly before you. No mention is made of our claims to the mainland under a grant from David Christian, so we shall be obliged if you will inform us of the result of the Commissioners’ investi- gations of cur title thereto. We should also be obliged if you would inform us what documents or title deeds we shall receive in reference to the Protocol to enable us to sell or transfer the properties therein mentioned should we at any time wish to do so. We are, &c. To the Secretary of State for the (Signed ) DANIEL DE PASS ann Co. Colonies, Downing Street. No. 97. COLUNIAL OFFICE to Messrs. DANIEL DE PASS anp Co. GENTLEMEN, Downing Street, February 23, 1887. TI am directed by Secretary Sir Henry Holland to acknowledge your letter of the 11th instant,* inquiring as to the result of the investigations into the title to the land on the mainland which tormed the subject of the deeds granted by David Christian in 1863 and 1864. In reply I am to acquaint you that it was found quite impossible to induce the German Government to admit the present validity of the documents of 1863-64, except in so far as the second of them conferred a lease of Rapoenberg for 40 years, and the best com- promise that was possible was made for the English claimants by obtaining a recognition of a title in perpetuity to the Pomona mine, and the other advantages specified in the Protocol. I am to add that further papers on the subject will shortly be presented to Parliament and that a copy of them wili be sent to you. Sir Henry Holland will communicate with the Secretary of State for Foreign Affairs, as to your desire that some documents of title should be given by the German Govern- ment to the English claimants benefited by the Protocol. lam, &e. Messrs. Daniel De Pass and Co. (Signed) R. H. MEADE. No. 98. COLONIAL OFFICE to FOREIGN OFFICE. Sir, Downing Street, February 23, 1887. Wiru reference to previous correspondence on the subject of the claims of certain British subjects in the German Protectorate on the South-west Coast of Africa, I am directed by Secretary Sir Henry Holland to transmit to you, to be laid before the Marquis of Salisbury, the enclosed copies of correspondence + between Messrs. Daniel De Pass and Company and this Department. Lord Salisbury will perceive that Messrs. Daniel De Pass are Co. and anxious to learn what documents of title they may expect to receive from the German Government * No. 96. Tt Nos. 96 and 97. 83 in respect of so much of their claims as is admitted by the Protocol; and I am to suggest that an inquiry should be addressed to the German Government on the subject. It will be borne in mind that Mr. Spence, who was a partner with Mr. De Pass at the time the claims of the firm of De Pass, Spence, and Co. arose, has since become a bankrupt. Iam, &c. The Under Secretary of State, (Signed) R. H. MEADE. Foreign Office. No. 99. FOREIGN OFFICE to COLONIAL OFFICE. Sir, Foreign Office, March 3, 1887. Wiru reference to your letter of the 23rd ultimo,* relative to the Anglo-German claims on the South-west Coast of Africa, and enclosing correspondence with Messrs. Daniel De Pass and Co., I am directed by the Marquis of Salisbury to acquaint you, for the information of Her Majesty’s Secretary of State for the Colonies, that Sir Edward Malet has been requested to bring the matter to the notice of the German Government with a view to a settlement of these gentlemen’s claims. Tam, &c. The Under Secretary of State, (Signed) T. V. LISTER. Colonial Office. No. 100. Messrs. DANIEL DE PASS anp CO. to COLONIAL OFFICE. 1, Fenchurch Buildings, Fenchurch Street, London, Sir, March 22, 1887. We beg to enclose copy of a letter addressed by our firm at the Cape to the German Consul there. The circumstance therein mentioned bears out the evidence given by our Captain Petersen before the Angra Pequena Commission at the Cape, in support of our charge that Mr. Luderitz’s people frightened the birds on the Guano Islands and did us serious damage. ; ; Mr. Luderitz then stated that no vexatious damage was done to frighten the guano birds. ; ; "Ae we are informed that this is the third man who has been maimed by this gun, and as he has been taken in the act, we wish to point out to you that under the ostensible excuse of saluting, blasting, &c., the friendly process of damaging us is still being carried or This supports our claim for the loss of guano on the islands, and we should be obliged if you would intimate to the German Government that it is desirable that these practices iscontinued. Peewee We are, &c. (Signed) DANIEL DE PASS ann CO. To the Secretary of State for the Colonies, Downing Street. Enclosure in No. 100, Cape Town, F ebruary 25, 1887. We have to report that our vessel, the “ Seabird,” arrived from Angra Pequena terday.. The Captain was moved by the condition of a German subject, an employé oF FALE, iBuderic; torbeine the man up to this for medical aid. Sir, * No. 98. 84 This man met with a fearful accident, having four of his fingers blown off, besides other injuries to his body, while in the act of discharging a cannon ostensibly it is stated to salute. From the very earliest occupation of the shores of Angra Pequena by the Messrs. Luderitz’s people we had reason to complain of disturbance by explosions, blasting of rocks, and firing of light and heavy guns. We represented through the Government that our guano islands were being injured, and we were informed that this unnecessary firing of heavy guns would be discontinued. We made certain claims through the Anglo-German Commission for the loss of guano, and our evidence as to disturbance was ignored. The man Bedeker now brought up is a living witness of the truth of our statement, and we hope you will give orders to Mr. Luderitz’s representative at Angra Pequena to deliver up this piece of artillery, the firing of which is heard at Ichaboe. I have, &c. Dr. Bieber, (Signed) Danret De Pass anp Co. Consul-General for Germany. . No. 101. COLONIAL OFFICE to Messrs. DANIEL DE PASS ann COMPANY. GENTLEMEN, Downing Street, April 2, 1887. I am directed by Secretary Sir H. Holland to acknowledge the receipt of your letter of the 22rd March,* relating to the unnecessary firing at Angra Pequena, and I am to inform you in reply that Sir H. Holland has laid the matter before the Marquis of Salisbury. Tam, &c. Messrs. D. De Pass & Co. (Signed) JOHN BRAMSTON. No. 102. COLONIAL OFFICE to FOREIGN OFFICE. Srp, Downing Street, April 2, 1887. Wiru reference to the previous correspondence relating to Angra Pequena, | am directed by Secretary Sir H. Holland to transmit to you, to be laid before the Marquis of Salisbury, a copy of a letter* from Messrs. D. De Pass & Co., enclosing a letter addressed by their firm at Capetown to the German Consul-General. It will be observed that renewed complaint is made of the practice of firing guns by the representatives of Messrs. Liideritz & Co., with the effect of frightening away the birds from the guano islands. The fact of an accident having happened in connexion with the discharge of a heavy piece of ordnance for saluting purposes lends support to the statement of Messrs. De Pass & Co. that unnecessary firing takes place. Sir H. Holland weuld suggest, for Lord Salisbury’s consideration, whether it would not be possible to represent the matter to the German Government, with a view to Messrs, Luderitz & Co. being informed that it is undesirable that salutes should be fired, or the ordnance discharged on any other excuse. Tam, &e. The Under Secretary of State, (Signed) JOHN BRAMSTON. Foreign Office. . "a #* No. 100, . LONDON: Printed by Exyru and Sporriswoopy, Printers to the Queen’s most Excellent Majesty. For Her Majesty’s Stationery Office. feu COLON YY. FURTHER CORRESPONDENC. CLAIMS OF BRITISH SUBJECTS IN THE GERMAN PROTECTORATE © ae : SOUTH-WEST COAST OF AFRICA. (In continuation of G—4262 and 4268 of December 1884.) | A Map will be found at page 61. | Presented to both Wouses of Parliament bp Gommand of Her ajesto, ae 1887. LONDON: PRINTED FOR HER MAJESTY’S STATIONERY OFFICE, BY EYRE AND SPOTTISWOODE, PRINTERS TO THE QUEEN’S MOST PEC ELUENE MAJESTY. And to be riepbaedl either directly or dcagiene hae a eolellet from aa EYRE anp Ce ce Bast HARDING STREET, mee ee EC, and side 2, ABINGDON STREET, WESTMINSTER, 8.W.; Ng ADAM ann a BLACK, 6, Norru Brings, Ganache or HODGES, FIGGIS, & Co., 104, Grarroy Streer, Dusuan, “1887. 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