“The Government of the South African Republic proposes that the contested points of the Convention shall be submitted to arbitration, the arbitrator to be appointed by the President of the Swiss Confederation. In making this proposal the Government appears to have misunderstood the difference existing between the Conventions of 1881 and 1884 and an ordinary treaty between two independent powers.”
The conventions had been made up; they did not suit the Government of the South African Republic. Could the British Government say: “They do not suit you. Very well, we will ask the head of a foreign State to appoint an arbitrator by whom they will be considered and annulled in the event of his sympathizing with you.”
In diplomatic terms Mr. Chamberlain explains that the English Government could not carry its condescension so far as to subject to the judgment of a foreigner the result of its policy and the negotiations of its diplomats. On April 16th, 1898, a claim was made by Dr. Leyds for: “A tribunal under international law for the especial purpose of deciding differences of opinion regarding the mode of Government, and the rights and obligations of the South African Republic towards the British Government.” Again Mr. Chamberlain replied, on December 15th, 1898, that the English Government could admit of no intervention of a Foreign power between the Pretoria Government and itself.
During the afternoon of the second day of the Bloemfontein Conference the arbitration question with regard to Swazieland, was raised by Mr. Krueger. He returned to the subject on the third day, as follows:—
“In the event of Swazieland becoming part of my Republic; an agreement being arrived at with reference to the Jameson Raid indemnity; Her Majesty’s Government agreeing to interfere no more with my internal government; and arriving at an acceptable solution of the Franchise Question; the matter of English subjects, who, having no need to become burghers, yet still have reason to complain of illegal actions, might be submitted to arbitration.”
Sir Alfred Milner replied that: “the English Government could not allow interference between itself and the South African Republic, of a foreign power or influence; that it might, however, be possible to consider some other way of nominating an impartial tribunal, and examining certain questions; but that he himself was not authorised to do so.”
In conclusion President Krueger said:—
“Give me Swazieland,
the indemnity for the Jameson Raid, and
arbitration, in exchange
for the Franchise, otherwise, I should
have nothing. These
points would make something worth having.”
Sir Alfred Milner’s reply was that President Krueger had raised the question of arbitration, without mentioning the manner of arbitration; that there were some questions, with regard to which it could not be admitted by the English Government; that there were others on which it might be admitted; that, if proposals were put forward, he would submit them to his Government.