CHAPTER XV.
THE SUZERAINTY OF ENGLAND AND THE SOUTH AFRICAN REPUBLIC.[21] 1 .-- _Who raised the Question of Suzerainty ?_ Nine persons out of ten, when speaking of the Transvaal question, say: "Why did Chamberlain, at the last moment, raise the question of suzerainty?
When everything had been settled, that question ruined all." The more thoughtful men base their opinion on an article in _Le Temps_ of September 15th, in which occurs this hypothetical paragraph:-- "Moreover it is possible, that, in the dim recesses of his brain, the Colonial Minister treasures, as a supreme hope and shadowy idea, the half-formed design of profiting by the discussion he is raising in order to excite fresh disputes, such as the complex question of suzerainty." This insiduous and disloyal conjecture has been reproduced and utilised; the absolutely unfounded insinuation of _Le Temps_, has been turned into an accusation against Mr.Chamberlain.
Some people who fancy they can gauge the motives of statesmen better than their neighbours, add: "If he raised the question of suzerainty, it was because he wanted to bring about a war." Facts prove, however, that the suzerainty question was not raised by England, but by the Government at Pretoria.
The argument against England's suzerainty over the Transvaal is well known; the preamble to the 1881 Convention, in which the word occurs was not reproduced in the Convention of 1884.
But it is also known, that, in the letter to Lord Derby of November 14th, 1883, the delegates from the Pretoria Government demanded restrictions of "the right of suzerainty reserved to Her Majesty by Articles 2 and 18 of the Convention of 1881," and claimed, that "the relation of dependence _publici juris_ in which their country now finds itself placed with regard to the British Crown shall be replaced by that of two contracting parties." In his despatch of November 29th, Lord Derby replied, that their "pretension to enter into treaty as between two contracting powers was neither in form nor substance acceptable by Her Majesty's Government." The Preamble of the Convention of 1884 speaks of the representations of the delegates of the Pretoria Government, "which Her Majesty has been pleased to take into consideration." Not daring to efface with a stroke of his pen the suzerainty question, Dr.Kuyper attempts a metaphorical distinction:-- "The suzerainty question solves itself.

Suzerainty may be an "organic or mechanical relation"; if mechanical, it is arranged by contract." When Dr.Kuyper declares England's suzerainty to be of the mechanical order, he admits that the Transvaal did not hold towards England the position of an absolutely independent State.
Having been obliged to recognise the right of _veto_, which Article 4 confers upon England regarding the external relations of the Transvaal, he contradicts himself when he invokes the principle of the equality "of States among themselves." Taking refuge in a kind of prescription, he says: "Never, before 1898, had England breathed a word regarding suzerainty throughout all her interminable correspondence." On March 6th, 1897, however, Mr.Chamberlain addressed a despatch to the South African Republic, in which he complains of several failures to observe the Convention of 1884.

The following facts are cited by him: (1) Conclusion of a treaty of extradition with Holland, signed at the Hague, November 14th, 1895; of an act with Portugal, signed at Lisbon, November 3rd, 1893; of a convention with Switzerland, signed September 30th, 1896--none of these treaties had been submitted to the English Government, in violation of Article 4 of the Convention of 1884; (2) Laws concerning the emigration of foreigners, the expulsion of foreigners, the Press, all in contravention of Article 14 of the 1884 Convention.
Mr.Van Boeschoten, Secretary of State to the Transvaal at that time, proposed arbitration, the arbitrator to be chosen by the President of the Swiss Confederation.
Replying on October 16th, 1897, Mr.Chamberlain said that in making this proposal the Pretoria Government "appears to have misunderstood the distinction existing between two independent powers." There we see a distinct assertion of suzerainty, the question which, according to Dr.Kuyper, was first raised in 1898.
"By the Pretoria Convention of 1881, Her Majesty, as Sovereign of the Transvaal, granted to the inhabitants of this territory complete self-government subject to the suzerainty of Her Majesty; and according to the London Convention of 1884, Her Majesty, while maintaining the preamble to the preceding instrument declared that certain other Articles would be substituted for Articles contained in the Convention of 1881.

The Articles of the Convention of 1881 have been accepted by the Volksraad of the Transvaal State and those of the Convention of 1884 by the Volksraad of the South African Republic.
"According to these Conventions Her Majesty's position towards the South African Republic is that of a suzerain, who has granted to the people of this Republic self-government under certain conditions; and it would be incompatible with this situation to submit to arbitration the meaning of the conditions under which she has granted self-government to the Republic." Mr.Chamberlain concluded by saying that he could not admit the intervention of any Foreign power between the English Government and that of the South African Republic, and that, therefore, he could not submit the violations of the Convention of 1884 to the consideration of such a power.
On April 11th, 1898, the new State Secretary, Mr.Reitz, returned to the question in a long despatch described by Dr.Kuyper as "crushing" (_foudroyante_), and which proves, at least, that the Suzerainty Question had been raised before 1898, since it endeavours to refute Mr.
Chamberlain's despatches of March 6th, and October 16th, 1897.
To this Mr.Chamberlain replies, December 15th, 1898:-- "The preamble to the Convention of 1881 remains the basis of the relations between Her Majesty and the inhabitants of the South African Republic.

To these inhabitants Her Majesty guarantees internal independence, to Herself she reserves the Suzerainty.