GRANDE-BRETAGNE, PORTUGAL, TRANSVAAL
Traité d'amitié et de commerce conclu à Lisbonne, le 11 décembre 1875, entre le Portugal et la République Sudafricaine ; suivi d'un Protocole en date du même jour, d'un Procès - verbal signé à Lisbonne, le 7 octobre 1882, pour la ratification du Traité par la Grande-Bretagne comme puissance suzeraine du Transvaal , ainsi que de plusieurs
notes *).
Pari. Paper 13410] 4882.
Traité.
Uis Majestj the Ring of Portugal and of the Algarves, and the QoverDment of the South Âfrican Bepublic, being animai ed with the désire of drawing doser, improving, and consolidating the rleations of amity and friendsbip between tbeir repsective States, bave determined to conclude a new Treaty for thia purpose, and bave appointed their Plenipotentiaries, namelj :
His Majesty the King of Portugal and of the Algarves, Senhor Joao de Andrade Coryo , his Councillor, a Peer of the Realm , Minister and Secretary of state for Foreign Affairs, Professor of the Polytechnic School of Lisbon, Lieutenant-Colonel of Engineers, Grand Gross of the ancient, most noble, and illustrions Order of St. James, of scientific, literary, and artistic merit, Enight Commander of the Order of Christ, Knight of the Military Order of Aviz, Grand Cross (ordinary) of the order of the Rose of Brazil, Grand Cross of the Impérial Order of Leopold of Austria, of Saints Mauritius and Lazarus of Italy, of the Royal Order of Charles III of Spain, of the Order of the Polar Star of Sweden, and Officer of Public Instruction in France; and the Government of the South African Republic, Mr Thomas Francis Burgers, Président of that Republic;
Who, after haviug communicated to each other their respective full powers, which wero fouud in due and proper form, bave agreed upon and concluded the following Articles: —
Art. I. Between His Majesty the King of Portugal and his subject^ on one side, and the Government of the South African Republic and its respective citizens on the other, there shall be perpétuai friendsbip, as well as a full and mutual liberty of commerce between their respective terri tories.
Art. II. The subjucts and citizens of either of the High Contracting Parties in the territory of the other shall be at liberty to enter any rivera»
*) Noos reproduisons tons ces documents en langue anglaise. Les originaux sont conçus: le Traité et le Protocole du même jour en portugais et en hollandais; le Procès-verbal en anglais et portugais; les notes en anglais ou portugais.
ports or places wherever foreign trade is already or may hereafter be allowed, to settle or to réside there, to hire, pnrchase, and build any houses or warehouses, to acqnire and possess any kind of immovable property, to exercise any trade, to larry on business both by wholesale or by retail, and to effect the conveyanee of merchandize and spede, siibject, however, to the laws and régulations in force in eitber of the respective territories or dominions.
They shall hâve n free and easy access to the Courts of Justice, in order to claim and défend their rights in ail the Courts of the différent Instances established by law, for which purpose they shall be at liberty to etnploy lawyers, solicitors, and agents of any kind, and, in fine, they shall enjoy in regard to this the same rights and advantages which may bave been already or may hereafter be accorded to natives.
They shall be at liberty to dispose , according to their wishes, by donation, sale, ezchange, will, or in any other manner, of any property they fnay possess in the respective territories, and withdraw their capital in full from the coiintry. The subjects of either of the two States whb may be hcirs to property situated within the territory of the other shall likewise be at liberty to inherit the said property without any hindrance, even ab irUestato, and the said heirs or Icgatees shall not hâve to pay any other or higher dnties of succession than those paid in similar cases by the natives.
They shall bo allowed to exercise tbeir religion freely, to meet together to celebrate publicly their worship according to the proper rites thereof, to establish cemeteries, and to bury their dead with the usual cérémonies , obeying , however , in every case the laws and régulations in force in sucb country.
They shall be exempt from ail forced loans and ft'om any extraordinary taxes that are not gênerai and established by law, as well as ft'om military service eitber at sea or on land.
They shall enjoy the same protection as the natives as far as regards their persons, familiea, property, and domicile.
Art. III. The products of the soil and of the industry of the Portuguese possessions at Mozambique shall not be liable to the payment of any import or transit duties in the territory of the South African Bepublic, and, vice versâ^ the products of the soil and of the industry of the Republic shall be exempt from ail import and transit duties in the Portuguese possessions of Mozambique.
Art. IV. His Majesty the King of Portugal and of the Algarves beiug desirous of contributing towards the development and prosperity of the South African Republic, and of facilitating as much as possible the exportation of its products, consents that the said Bepublie should be placed on the same footing as the Province of Mozambique, and should enjoy the same advantages and facilities with respect both to importation and exportation through the ports of this province.
Art. V. The transit of the products of the soil and of the industry of the South African Republic throngh the Portuguese territory of the
732 Grande "Bretagne^ Portugal^ TransvtBal.
Proyince of Mozambique, as well as the transit through the same territoiy of merchandize of anj origin or nationality imported through the Baj of Lorenzo Marques, and bound to the above-named Bepnblic, ahall be entirely exempt from anj duties whatsoever.
Art. VI. His Majestj the King of Portugal reserves ihe right of prohibiting the importation of arms and munitions of war, and of anbjecting the transit thereof to spécial régulations, but he binds himself to allow the firee importation and transit of arms and military stores intended for the South Aftican Bepublic, and applied for bj the Goyemment of that Bepublic, upon the guarantees necessarj to remove ail doubt as to their destination being given.
Art. VU. The products of the soil and of the industry of Sonth AMca exported through the Bay of Lorenzo Marques shall be exempt from ail export duty, but they shall be- subject, like the products of Portoguese origio, to any quay, lighthouse, or other port dues that may be customary there.
Art. VIII. Merchandize of any origin or nationality imported through the Bay of Lorenzo Marques for the South Âfrican Bepublic may be sabjected to an import duty of 3 per cent. Should the revenue derived from thifi duty, however, be insufiQcient to insure the payment of the intereit and rédemption of the capital that may be required for subsidizing a line of railway from the Bay of Lorenzo Marques to the frontier of the Sonth African Bepublic and for effecting other improvements advantageous for the trade of the two countries, Uis Majesty the King of Portugal shall hâve the option of raising the duty in question from 3 to 6 per cent.
As soon, however, as the said capital shall bave been redeemed, the import duty on merchandize for the South African Bepublic shall be redaced to 1*5 per cent.
Art. IX. The under-mentioned merchandize shall be exempt from ail import duties: —
Live animais of any kind.
Hides.
Flour from wheat, maize, barley, rye, and oats.
Seeds.
Fresh fruits.
Puise of any kind.
Minerai coal and coke.
Ice.
Guano and other kinds of manure.
Bitumen.
Lime.
Stones for building, comprising slates for roofing.
Tiles and bricks of any kind.
ToolSy implements, machines, and utensils for tradesmen and for art, agricultural and mining purposes.
Books, stitched and bound, and printed works in any langoage.
Music and musical instruments.
Printing presses and type.
Commerce. 733
Geographical charts and maps.
Articles of aiiy kind for maseums.
Spécimens for scientific collections, and also collections of any works of art not intended for trade.
Foreign gold or silver coins.
Portuguese silver or copper coins from Portoguese ports. Vessels in anj state or for anj purpose. Steam-vessels.
Art. X. It shall be lawful to re- export from the dépôts in the Lorenzo Marques Custombouse any raercbandize imported thereto. The said mercbandize sball be exempt from any re-exportation duty, and shall only be liable to the payment of the warehoase charges and fées and of the port dues.
Art. XI. The ad valorem duties shall be reckoned with référence to the value of the mercbandize in its original market, and shall be regulated as follows: —
The importer or exporter on entering the goods at the Custom-honse that are to be cleared shall sign a déclaration stating the description and value of the same to whatever amount he may deem expédient. Tbis déclaration must specify ail the data required for the imposition of the duty.
Should the Custom- bouse think that the value thus stated is insufficient it shall bave the right to retain the goods on paying the importer or exporter within the term of fifbeen days from the date of the déclaration the said value as stated, with an additional rate of 10 per cent.
Should the Custom-honse, however, think it inexpedient to bave recourse to préemption, a valuation of the mercbandize shall be made by experts, one of whom sball be named by the déclarer and the other by the Director of the Custom - bouse ; and, in the event of an equality of votes on either side, a third expert shall be named by the Custom-house Director, and be shall bave a casting vote, witbout further appeal on either side.
Should the examination made by the experts prove that the value of the mercbandize does not exceed 10 per cent, over and above that declared by the importer or exporter, the duty sball be levied upon the amount stated in the déclaration.
Should tbe value exceed 10 per cent, over and above the déclaration, the Custom-house shall bave tbe option of exercising tbe right of pre-emption, or else of levying tbe duty upon tbe value fixed by the experts. Tbis duty shall be increased by 50 per cent, as a fine, in case the valuation made by the experts should exceed 15 per cent, over and above the value declared.
The cost of the examination by experts sball be paid by the déclarer should the value fixed by their award exceed 10 per cent, over and above tbe value declared ; in the contrary case it shall be paid by the Custom-house.
Art. Xn. The products of the soil and of the industry of Portugal and of its transmarine possessions shall be admitted into the South African Bepublie, and, nice verêâ, tbe products of tb^ soil and of the industry of the SoaÛi African Republic shall be admitted into Portugal and its trans-
734 Grande-Bretagne^ Portugal^ Transvaal.
marine possessions under the same conditions as the same products of the most favored nation.
Art. XIII. Vessels sailing nnder the flag of the South African Republic shall enjoy the samo treatment in every respect as Portuguese vessels, and shall not be subject to any other or higher duties than the lalter, both in the ports of the Province of Mozambique and in those ol the other Colonies or of the continent of Portugal and the adjacent islands.
It is, however, understood that this stipulation does not apply to the long and short coasting trade while the same is resei^ed to the national flag.
Art. XIV. Every réduction of duty, every favour, and every privilège granted by eitber of the Contracting Parties to the commerce, to the products of the soil, or of the industry, or to the flag of any third Power in ^ny part of its dominions, shall be immediately and nnconditionally extended to the other. Neither of the Contracting Parties shall impose npon the subjects, the commerce, or the navigation of the other any prohibitions, restrictions, or duties that are not also imposed upon other nations.
The right is, however, reserved in favour of Portugal of granting to Brazil only spécial advantages which cannot be claimed by the Government of the South African Republic in virtue of its right to the most-favourednation treatment.
The same right is reserved in favonr of the South African Government with respect to the Free State of Orange.
Art. XV. Should any Company or undertaking be formed for the conveyance of merchandize along the ordinary roads between the port of Lorenzo Marques and that Republic, His Majesty the King of Portugal will make unto it a gratuitous concession of the land belonging to the State that it may require for building places of shelter or warehouses, and will direct the authorities of the Province of Mozambique to make use of their lawful authority and influence over the natives, in order to facilitate as far as possible the success of this undertaking.
Art. XVI. Each of the Contracting Parties shall hâve the right of appointing Consuls - General , Consuls, Vice -Consuls, and Consular Agents to any ports, cities, and places in the territory of the other, but they respectively reserve the right of excepting any place whenever it may be thought expédient. This réservation shall not, however, be applied to eitber of the Contracting Parties unless it is equally applied to other nations.
The said functionaries shall be immediately admitted and recognized on présentation of their letters of appointment, in accordance with the rules and forraalities prescribed in the respective conntries.
The necessary Exequatur for the free discharge of their functions shall be accorded to them gratis, and on présentation of the said Exequatur the chief authority of their place of résidence shall immediately adopt the proper steps in order to enable them to discharge the duties of their office, and to enjoy ail the exemptions, prérogatives, immunities, honours, and privilèges to which they are entitled.
Art. XVII. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of either of the Contracting Parties shall enjoy in the territory of
Commerce. 735
the other tbe privilèges which are generaly accorded to tbeir office, sueh as exemption from giving lodging to the railitary forces, and from every kind of direct, taxes , both personal as well as tbose levied upon housebold goods, or snmptuary, ordinary, or extraordinary, excepting tbose, however, who may be snbjects of tbe country wbere tbey réside, or tbose carrying on business or trade , inasraucb as in tbis case tbey sball be subject to the same taxes, charges, or imposts which are paid by private individuals on account of tbeir nationality or of their bnsiness or trade.
It is understood that the taxes to which any of the above Agents may be subject on account of the real property which tbey may own in tbe territory wbere tbey réside are not included in that exemption.
The respective Gonsuls-General , Consuls , Vice-Consuls , and Consulat Agents shall , moreover , enjoy personal immunity , sueh facts excepted as the législation of either country may qualify and punish as crimes, as any other immunities and privilèges that may be accorded to tbe Consular functiotiaries of the most favoured nation.
Art. XVIII. The Consular archives shall be inviolable, and the local fluthorities shall not, under any pretext, or in any case, examine or seia^ any documents appertaining thereto.
Sueh documents must always be kept quite separate from any books or papers relating to the business or trade which may be carried on by tbe respective Consuls, Vice-Consuls, or Consular Agents.
Art. XIX. Tbe Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the two countries may address tbemselves to the authorities of the place wbere tbey réside, and in tbe absence of a Diplomatie Agent of their nation, if necessary, tbey may appeal to the Suprême Oovernment of the State within whose territory tbey exercise tbeir functions, in order to complain of any infraction that may be committed by the authorities or functionaries of that State of the Treaties or Conventions in force between the two countries, or of any abuse committed against their countrymen, and tbey shall bave tbe rigbt to make use of any efforts tbey may deem necessary in order to obtain a prompt redress.
Art. XX. Should a subject of either of the High Contracting Parties die within tbe territory of the other, in case bis beirs should be absent, tbe respective Consular functionaries shall bave the rigbt to recover, administer, and liquidate the inheritance and remit the proceeds to the party lawfully entitled to reçoive them.
Art. XXI. The stipulations of this Treaty shall be substituted for tbose of the Treaty conclnded on the 29th July, 1869, between Portugal and the South Afrdcan Republic, except as far as regards the définition of the respective boundaries, which shall continue to be regulated in accordance with the stipulations of the said Treaty of the 29th Joly, 1869.
Art. XXn. This Treaty shall be in force during twenty years, reckoning from the date of the exchange of the ratifications thereof. Should either of the Contracting Parties fail to notify twelve months before the expiration of that term its intention of causing the effects of the said Treaty to cease, it shall continue to be binding nntil the expiration of
736 Grande-Bretagne^ Portugal ^ Tranwaal.
the term of one jear, reckoning from the date when either of the two High Contracting Parties shall hâve notified its intentiou of terminating it.
Art. XXIII. The présent Treatj shall be ratified in accordance with the formalities adopted in either of the two countries, and afber the exchange of ratifications it shall corne into force within the period which maj be fixed upon by mu tuai agreement.
In witness whereof the Pleuipotentiaries hâve signed the same and affîzed thereto the seals of tbeir arms.
Done in Lisbon the Ilth December, 1875.
Joào de Andrade Corvo. Thomas Burgers,
Président of tbe State of the South Africau Republic.
Protocole.
The Undersigned, inspired bj the earnest wish which animâtes tbeir respective Governments of facilitating the commercial relations between the Province of Mozambique and the South African Bepublic, and of promoting the development of the public wealth of the two countries, bave thought it expédient to déclare, on the occasion of the signature of the Treaty of the 1 1 th of this month, what follows : —
The Government of His Majesty the Ring of Portugal consente to aid tbe construction of a railway from the Port of Lorenzo Marques, or from a point on the right bank of the river of that name where there may be permanent navigation, and which will be definitely fixed with référence to the proper teehnical and administrative reports, as far as the frontier of the South African Republic, by according to the nndertaking or Company which may be formed for this purpose, and which may ofifer suffîcient guarantee that it is capable of efi'ecting the construction in question —
1. A subvention which may be equal to one-half the cost of the Works, in accordance with the estimate to be made in view of the plan, and subject to the teehnical conditions which may be definitively stipulated, which estimate and plan must be approved of beforehand by Bis Majesty*s Oovernment.
2. The land belonging to the State which may be required for the construction and working of the said railway.
3. Free importation during fifteen years of any fixed and circulating mat^als for the construction and working of the said railway.
4. The right of préférence, in an equality of circumstances , for the construction of any branch lines of railway.
5. The exclusive right of working of the said railway and of the electric telegraph pertaining to it during ninety-nine jeara, at the expiration of which they will revert to the State without any compensation. His Majesty^s Government, however, reserves unto itself the right of rédemption and the option of using it at such period and in such a manner as may be stipnlated in the contract.
Commerce. 737
The Government of His Majesty tbe King of Portugal also consents to allow the importation, free of datj, of ail the fixed and circulating materials for the construction and working of the continuation of the said Une of railwaj in the territory of the South African Bepublic.
The Goyernment of the South African Republic on its part déclares —
1. That it binds itself to continue the line of railwaj from the Por* tnguese frontier as far as a centre of production and consumption which will insure the traffic of the line and the development of international trade.
2. That it will place at the disposai of the undertaking and Company which may be formed for the purpose ail the surveys and plans that shall hâve been made on account of the same Government.
3. That in case it should deem it expédient to accord the construction of the respective line of railway to the same undertaking or Company to which the construction of the Portuguese part may hâve been accorded, the Government of the South African Republic will grant the said under* taking or Company every facility, and ospecially —
(1.) The gratuitous concession of the land reqnisite for the purpose.
(2.) A guarantee of 5 per cent, on the capital employed, or else a subvention analogous to that promised by tbe Government of His Majesty the King of Portugal.
(3.) It likewise binds itself to use its best endeavours to induce the natives of the Republic to work in the construction of the said railway, and to adopt every means in their power for the speedy termination of the Works.
In fine, the Undersigned déclare that, in case the same Company should obtain the concession of the two parts of the said line of railway, and whereas the Company must be subject to the laws of each of the countries within their respective territory, the Governement of His Majesty the King of Portugal and the Government of the South African Republic shall adopt, by mutual agreement, the means which they may deem most expédient and effectuai in order that the Company may carry ont its engagements, and in order to insure, from every point of view, the success of a work from which so many advantages must accrue to both countries.
In witness whereof the Undersigned hâve signed their names^Jierein, and hâve affixed thereto the seals of their arms.
Done in Lisbon the llth December, 1875.
Joào dé Andrade Corvo, Thamoê Burgers,
Président of the State of the South African Republic.
Procès-ve rbal.
The Undersigned met together at the Department of Foreign Aflfairs of Portugal for the purpose of proceeding to the exchange of the ratifications by Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, as Suzerain of the Transvaal State , and by His Majesty the King of Portugal and of the Algarves , of the Treaty and Protocol cou-
738 Grande- Bref agne^ Portugal, TransvaaL
cluded and signed between Portugal and the South African Republic, now the Transvaal State, on the llth December, 1875.
The two Plenipotentiarien, after having shown to each other their respective fall powers, authorizing them to carry ont the act in question, with the déclarations contained in the notes dated the 26th and SIst of last May, which they mutually commimicated to each other, and which are annexed to ihis Protocol, read over the original instruments of the said ratifications, and having found them correct and in due and proper form, the exchange of the same was effected.
In witness whereof the Undersigned hâve drawn up this Protocol, and hâve affixed thereto their respective seals.
Done in duplicate at Lisbon on the 7th day of October, 1882.
Walier Baring, A, de Serpa PimerUo,
Earl Granville to Sir C. Wyke.
Sir, Foreign Office, May /2, iS82,
I hâve communicated to Her Majesty's Secretary of State for the Colonies Mr. Saurin^s despatch of the 21st January last, inclosing a copy and translation of a note addressed to him by M. Serpa on the same day, referring to the unratified Treaty between the Portuguese Oovernment and the Transvaal of the llth December, 1875. and at the same time exprèssing the readiness of Portugal to forward the construction of the railway from Lourenço Marques to the frontier, in conformity with the stipulations of that Treaty. M. Serpa in his note requests Ihat Her Majesty*s Government should accordingly comraunicate the views therein contained to the Government of the Transvaal, through the British Résident in that State, and that Her Majesty*s Légation at Lisbon should be fumished with the necessary powers of ratification on the part of the Transvaal Government.
With référence to Article III of the Treaty , the Earl of Kimberley observes that it reciprocally exempts from duties the products of the Transvaal and the Portuguese possessions in Mozambique, and as, under Article XXV of the Convention of the 3rd August, 1881*), British produce imported into the Transvaal is entitled to the treatment of the most favoured nation, it would follow that British produce would be entitled to the same privilège of exemption as the produce of Mozambique. Her Majesty's Government, however, hâve no intention of claiming the benefit of that stipulation, and they consider that it should be retained in the Treaty, looking to the difQculty of collecting duties on the extended land frontiers of the Portuguese possessions and the Transvaal.
Articles XVI to XX, relating to Consuls, appears to contain nothing which conflicts with the Convention of the 3rd August, 1881 , so £Eir as concerns Portuguese Consuls in the Transvaal, except that Article XIX assigns certain quasi-diplomatie duties to the Consuls ; but as Her Majesty's Consular Officers will act on behalf of the Transvaal State abroad, the
•) V. N. R. G. 2« Série, VIII. 210.
Commerce. 7H9
stipulation relating to the appointaient of Consuls by the South African Bepublic, now the Transvaal State, can no longer hâve anj application.
The exequatur to Portuguese or to any other foreign Consuls in the Transvaal will, of course, be granted by Uer Majesty's Government.
As regards tbe stipulation in the Protocol attached to the Treaty, by which the Government of the South African Bepublic boand itself to continue the line of railway from the Portuguese frontier, I hâve to observe that a portion of the line of railway , afber quitting the Portuguese territory, would pass through Swaziland, the independence of which is recognized by the Convention of the 3rd August, 1881, as it had previouslybeen by Her Majesty^s Government during the British occupation of the Transvaal.
It will be proper that you shoold point this ont to the Portuguese Government, giving them at the same time the assurance that, in case of steps being taken to construct the railway, Her Majesty's Government will use their influence to facilitate such agreeraenls with the Swazis as may be requisite to enable the line to be continued through Swaziland to the frontier of the Transvaal State.
I hâve now to instmet you to deliver a copy of this despatch to the Portuguese Minister for Foreign Affairs, and to inform his Excellency that you are authorized by Her Majesty's Government to exchange the ratifications of the Treaty under the conditions above explained, which might be recorded by an exchange of notes, to be referred to in a Protocol annexed to the Treaty.
If this course should be concurred in by his Excellency, you will transmit to me a copy of the proposed notes and Protocol referring thereto for the approval of Her Majesty's Government.
I am, &c OranvtUe.
Sir Wyke to Senhor Serpa.
M. le Ministre, Britiêh Légation, Lisbori, May 26, 1882.
With référence to your Ëscellency*s note to Mr. Saorin of the 21 si January last, I bave now the honour, in compliance with instructions received from Ëarl Granville, to deliver to you a copy of a despatch addressed to me by his Lordship, dated the 12th instant, embodying the views of Her Majesty*8 Government with respect to the unratified Treaty between the Portuguese Government and the Transvaal, ofthe llthDecember 1875.
I beg leave to oall your Ëxcellency*s attention to the référence made in the abovementioned despatch to Article III of the said Treaty, exempting from duties the products of the Transvaal and of the Portuguese possessions in Mozambique, and to the provision of Article XXV of the Convention of the 3rd August, 1881, as well as to Articles XVI to XX in the Treaty of the llth December, 1875, respecting the jurisdiction and duties of Portuguese Consuls in the Transvaal.
Another point in this deepatch to which I should advert, is the sti-
740 Grande-Bretagne^ Portugal^ Traïueaal.
pnlation in the Protocol attached to the last-named Treaty for the eontiniiation of the railway from tho Portngnese frontier to the Transvaal, passiDg through Swaziland, the independence of which was reeognizad by the Convention of the 3rd Angust, 1881, as it had already been by Her Majesty's Government doring the British occupation of the TransvaaL Yonr Ezcellency will observe , by the statement contained in Lord Oranville^s deapatch, that Her Majesty's Gk)vemment will be willing to use their in* flaence to facilitate such agreement with the Swazis as may be requisite to enable the Une of railway to be continued through Swaziland to the frontier of the Transvaal State.
In conclusion, I hâve the honour to infonn your Excellency that I am anthorized by Her Majesty's Government, as you will peroeive from Lord Granville*s despatch, to exchange the ratifications of the Treaty in question (1875) under the conditions set forth in that deepatch, which conditions might be recorded by an ezchange of notes, to be referred to in a Protocol annexed to the said Treaty.
If your Excellency should concur in the course thns proposed, I wonld request you to be se good as to favour me with your reply, as well as with a draft copy of the Protocol, embodying the conditions referred to in the notes thus ezcbanged, for my own considération of the matter and sabseqaent transmission to Her M^esty^s Government for their approval.
I avail, &c.
C, L. Wyke,
Senhor Serpa to Sir C. Wyke.
Your Excellency, Lisbon, May 5/, 1882,
His Majesty's Government hâve taken into due considération the note which your Excellency did me the honour to address to me on the 26th instant, as well as the despatch addressed to your Excellency by Earl Grauville, with référence to the ezchange of the ratifications of the Treafy between Portugal and she Transvaal of the llth December, 1875, and of which a copy was forwarded to me by your Ezcellency.
I am informed by your Ezcellency that you are authorized to proœed to the exchange of the ratifications of that Treaty under the conditions and with the déclarations contained in that despatch, namely: —
1. That inasmnch as Article III of the Treaty provides for the mntuai ezemptîon from import duties on the products of the Transraal and of the Portugaese Possessions in Mozambique, and inasmuoh as ^itish products are entitled , in virtue of Article XXV of the ConTention of the drd August, 1881, to enjoy the treatment aocorded to the prodocts of the ittost fiiYoured nation, they are also entitled to eigoy the ezemption attpnlated in faveur of the products of Mozambique. That, neverthéleas, Her Britannic Majesty's Government do not intend to daim the benefit of the stipulation in question, and they oonsider that it ought to be retained in
Commerce. 74 1
tbe Treaty in view of the difficulty of collecting cnstoms daiies along the eztensive land frontier which séparâtes the Transvaal from the Portnguese possessions.
2. That Articles XVI to XX of the Treaty of the llth December, 1875, which relate to Consular Agents, do not contain any provisions that are oontradictorj to the Convention of tbe 3rd Angast, 1881, as fiur as regards the Portnguese Consalar Agents, with the exception of Article XIX, which confère almost diplomatie functions upon the Consuls; but as Her Britannic Majesty's Consalar Agents will represent the Transvaal in foreigp coontries, the stipulations conceming the appointaient of Consuls on the part of the South African Repnblic is not applicable, and the exeqaatur to the Portuguese Consular Agents, or to those of anj other foreign nation, will of course be accorded bj Her Britannic Majesty's Qovernment.
3. That by the Convention of the 3rd August, 1881, the îndependenee of Swaziland was recognized, through which territory the line of rail* way mnst run which the Transvaal bound itself to construct from the Portnguese frontier to some centre in the interior, in accordance with the stipulations set forth in the Protocol annexed to the eaid Treaty; but that, in the event of steps being taken for carrying into effect the oonstruction of that line of railway, Her Britannic Maje8ty*s Government will use their influence in order to get tbe Swazis to accède to any agreements which may be rendered necessary for the purpose of the said line of railway erossing the territory of Swaziland.
His M^jesty's Government, on their part, hâve no objection that thèse déclarations should be embodied in the notes exchanged between ihe two Oovemments, and to which référence is to be made in the Protocol which will remain annexed to the Treaty of the llth December, 1875.
His Majesty's Government fully agrée with the Gk>vemment of Her Britannic Majesty as to the expediency of retaining the stipulation set forth in Article III of the Treaty, which exempts from the payment of import duties in the territory of the South African Republic, the produets of tbe soil or of the industry of the Portuguese possessions in MozambiquOi and vicê vênâ the products of tbe soil or of the industry of that Bepablio in the said possessions.
His Majesty*s Government abstain, as in duty bound, from expressing an opinion with respect to the interprétation or application of the clause of the most-favoured-nation treatment stipulated in the Convention of the 3rd August, 1881, between Great Britain and the South African Bepublic; His Majesty*s Government are, however, glad to see that, whatsoever objections might perchance be entertained by the Government of the Transvaal in retaining the stipulation laid down in Article III of the Treaty ^of 1875, with the obligation of extending to the products of other nations the benefit accorded to the products of the Portuguese possessions in Mozambique, those objections will be entirely removed by the solemn déclaration made by Her Britannic Majesty's Government that they do not intend to daim the benefit of that stipulation, His Migesty*s Government|
742 Grande-Bretagne^ Voriuyal^ Tratisvaal.
when they consented to exempt from tbe paymeut of ail import duties on the landÂrontier of the Province of Mozambique the products of the 8oil and of the industry of the Transvaal , did so in view of the spécial circumstances to wbich Eari Granville alludes, and tbey do not, on their part y consider themselves bound to accord in the maritime Custom-houses a similar exemption in favour of tbe products of any nations to which they may bave guaranteed a most-favoured- nation treatment.
The Soath African Republic having accepted the suzerainty of, and oontrol by, Her Britannic Majesty as regards tbe external relations of that Bepublic, His Most Faitbful Majosty cannot but acknowledge that the Articles of the Treaty of the 11 th December, 1875, which relate to Consular Agents, will bave to be modified in the sensé mentioned in Elarl Granville*s despatch.
His Majesty*s Government are thankful for and accept the offer made to them by Her Britannic Majesty*8 Government of interposing their influence in order to facilitate tbe construction of the line of railway irom Lorenço Marques across the terri tory of Swaziland. His Majesty's Government were already reckoning upon the valuable co-operation of Her Britannic Maje8ty*s Government for the carrying ont of a work which must e£fectually tend to the civilization of Southern Africa ; and if the new snrveys and inquiry, which it is expédient should still be made, were to prove that the best route for the line to follow lies across Swaziland, and that this country, under tbe influence of Great Britain, is able to give the indispensably requisite facilities and guarantees as regards safety for the construction of the line and for the traf&c thereon, His Majesty*8 Government will not fail to solicit in due time the intercession of Her Britannic Majesty's Government with a view to coming to the requisite agreements with that country.
The conditions under which the eichange of the ratifications of the Treaty of the llth December, 1875, is to be effected having thus been explained , I flatter myself with the belief that Her Britannic Majesty^s Government will agrée to proceed to the act in question, and to the sig* nature, at tbe same time, of a Protocol in accordance with the draft which I hâve the honour to transmit herewith to your Ëxcellency, and which is to be anuexed to the Treaty.
I avail, &c., A, de Serpa.
Eipagne^ Monaco. 743
