SAIIA SOUTH AFRICAN DIPLOMATS ABROAD.pdf

A convention is not as clear an indication of self-administration
as is a treaty, but it is a signpost of progress. It is worth
while drawing attention to the preamble of yet another convention
entered into by the Cape Colony, enjoying self-government
but not dominion status, and the independent Republic of the
Orange Free State. It was signed by Governor Sir Hercules
Robinson and President F. W. Reitz respectively, on April 5, 1889.
"His Excellency the Governor of the Cape of Good Hope
and His Honour the President of the Orange Free State,
on behalf of their respective governments .... have agreed
upon the following articles. ..."
On that occasion both sides were represented by the nominal
heads of the countries concerned and not by diplomatic represen'
tatives. There was already a precedent, however, for the con'
elusion of treaties between self-governing colonies of the British
Empire and foreign powers. This was the so-called "Fisheries
Treaty" entered into by Canada (represented, it is true, by Britain)
and the United_States, regulating the" fishing operations in neigh'
bouring territorial and other waters. An international dispute
had caused the mutual seizure of ships after which a settlement
was arrived at and a treaty signed in Washington on February
15, 1888. Contrary to all ideas then prevalent it was ratified
by the Canadian Parliament on May 2nd. of same year, and
received the Royal assent a fortnight later. (Unfortunately the
United States Senate refused to approve it.)
The precedent was carried further rive years later when
Canada concluded a reciprocity treaty with France, although
still using the machinery of the British Foreign Office. In 1896
there was a further treaty with the United States to settle disputes
about the Behring Straits.
The importance of these developments were not lost on
observant students of the constitutional development of the
British Commonwealth.
Quite apart from the Boer Republics the Cape entered the
Held of diplomacy through another channel. Probably for the
first time on record the British Government consulted a colony
on a diplomatic question. It arose from the activities of Adolf
Luderit: and other German subjects on the desolate coast of
Damaraland, We are still suffering from the effects of the sequel
to-day, eloquent evidence if any is needed, of the way the sins
of the fathers (and grandfathers) are visited upon their descendants.
The defeat of the South African proposal for the incorporation
of South-West Africa put before the Assembly
of the United Nations in 1946, was the aftermath of a correspondence
between the Cape Government and Downing Street more
than sixty years earlier. In 1880 the British authorities announced :
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