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above mentioned is marked throughout its length by a dotted red line from the point B to the point marked C on the map signed in duplicate by the members of the Tribunal at the time of signing their decision. In answer to the third question

A majority of the Tribunal that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the course of the line from the point of commencement to the entrance to Portland Channel is the line marked A B in red on the aforesaid map.

In answer to the fourth question

A majority of the Tribunal that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the point to which the line is to be drawn from the head of the Portland Channel is the point on the 56th parallel of latitude marked D on the aforesaid map and the course which the line should follow is drawn from C to D on the aforesaid map. In answer to the fifth question

A majority of the Tribunal, that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the answer to the above question is in the affirmative

Question five having been answered in the affirmative question six requires no answer.

In answer to the seventh question

A majority of the Tribunal that is to say Lord Alverstone, Mr Root, Mr Lodge and Mr Turner decides that the mountains marked S on the aforesaid map are the mountains referred to as situated parallel to the coast on that part of the coast where such mountains marked S are situated and that between the points marked P (mountain marked S 8,000) on the north and the point marked T (mountain marked S 7,950) in the absence of further survey the evidence is not sufficient to enable the Tribunal to say which are the mountains parallel to the coast within the meaning of the Treaty.

In witness whereof we have signed to above written decision upon the questions submitted to us.

Signed in duplicate this twentieth day of October 1903.






Note: The map above referred to is marked A.


Mr. Hay to Sir Michael Herbert.

Washington, May 27, 1903.

MY DEAR MR. AMBASSADOR: I inclose a copy of advance sheets of Consular Reports No. 1646, May 14 instant, which, on page 6, contains a résumé of the regulations in force in South Africa governing the admission of aliens into the Transvaal and Orange River colonies.

FR 1903- -35

It appears from a dispatch of the 15th ultimo, sent hither by the United States consul-general at Cape Town, that many Americans who wish to go to the colonies named above receive the form of application for a permit at the British consulate in the port of the United States from which they embark. They frequently, however, do not seek and receive the other information which it is necessary for them to know in order not to be greatly inconvenienced themselves, and not to become a burden, to a greater or less extent, to the British authorities in the colonies mentioned. It appears, for instance, that not more than fifty Americans are allowed to enter the colonies in one month; that the permission to enter the colonies often is not granted for a long time, and that certain evidence of citizenship and of the possession of ample means of support, etc., is required. The result of the want of this information is that American citizens are arriving at Cape Town, and, impatient at the delay connected with the issue of their permits, do not wait until the prescribed formalities have been carried out, but enter the colonies without permission, thus violating the law, making themselves liable to punishment, and being a source of annoyance and trouble to the British authorities.

Under the circumstances the Department believes that if you were to have the kindness to instruct His Majesty's consul-general at New York, and perhaps also the consular officers at Philadelphia, New Orleans, Portland, Seattle, and San Francisco, to inform Americans applying at their respective consulates for applications for permission to enter the colonies of the conditions imposed by His Majesty's Government in the matter, and of the delays likely to be caused by neglecting due precautions, the violations of the law and the consequent annoyances to the British officials would be obviated, if not entirely, at least to a very great extent.

I should deem it a great favor if you had the kindness to issue such instructions, should there be no objection, at least to the consul-general at New York City, if not to the consuls at the other ports which I have enumerated.

I am, etc.,



[Extract from Consular Reports No. 1646, May 14, 1903]

Permits for immigrants into the Transvaal.

Consul J. E. Proffit reports from Pretoria, March 30, 1903, that the permit regulations are still in force in the Transvaal and Orange River Colony. He says:

"The report to the effect that these regulations were abolished with the raising of martial law seems to have gained wide credence among immigrants to South Africa. Especially is this true of immigrants from America who, coming to Cape Town and the other South African ports, are met with the information that permits are required for the above-named colonies. Applications for permits are then made through the consular functionary at the port and forwarded to this consulate for transmission to the chief secretary for permits. Consideration of such applications by the said official is often delayed for weeks, and the consequence is that the applicant remains at the port, where living expenses are excessively high, until such time as the permit is either granted or refused. The temptation to come into the country without awaiting the result of the application is often too strong to be resisted, and such action invariably leads to the arrest and trial of the offender, who is generally given the option of departure from the Transvaal or Orange River Colony within twentyfour hours or imprisonment for six months and a fine of £500 ($2,433).

"The number of Americans who may enter the above-named colonies in any given month is limited to fifty.

"Form of application for permit, I am advised, may be obtained at any British consulate, and to insure against delay, should be sent to this consulate, together with some evidence of applicant's citizenship at least two weeks in advance of applicant's departure from America.

"The permit secretary has also of late required that all applications be accompanied by an affidavit to the effect that applicant is possessed of sufficient means to support himself and family in the Transvaal or Orange River Colony.

"The applications for permits must set forth:

"The name, nationality, and full address of the applicant; if a naturalized British subject, the date of naturalization. Whether a residential or temporary permit is required; if temporary, a definite period must be stated. Number of persons and number of children under 16 years of age. Occupation of applicant; also whether he has any guaranty of employment on arrival, and by whom. Applicant must state whether he can support himself and family on arrival. Two well-known references in South Africa must be given and the point of destination stated. It will save inconvenience to passengers if the permit form (which must be completely filled out to receive attention) reaches South Africa a week in advance."

Sir Michael Herbert to Mr. Hay.

BRITISH EMBASSY, Washington, May 30, 1903.

DEAR MR. SECRETARY: On receipt of your personal note of May 27 I requested Sir Percy Sanderson to furnish me with a report regarding the practice at present followed by His Majesty's consulate-general at New York with regard to intending emigrants from the United States to the Transvaal or the Orange River Colony.

I have now received Sir Percy Sanderson's reply, from which I hasten to communicate to you the following extract:

On the 30th of November, 1902, a telegram was received at the consulate-general from His Majesty's secretary of state for foreign affairs, directing that no permits to enter the Transvaal or Orange River Colony should be issued after the 1st of December, and that applicants be informed that permits would only be issued by permit offices in South Africa, and be advised to ascertain before sailing for South Africa, from the permit office at their intended port of landing, whether they can have permits.

On the 11th of December a copy was received of the newspaper notice to which the previous telegram refers, and of which a copy is annexed. This copy was shown, or its contents made known, to all applicants until the arrival of further instructions. It will be observed that the warning is distinct. They are warned that such permits are liable to be refused by the government of the Transvaal and Orange River Colony, and it is suggested that, in order to avoid disappointment and delay, they should ascertain before sailing for South Africa, from the permit office at the port where they propose to land, whether permits will be granted them.

On the 22d of December, 1902, a circular was received from the foreign office, dated December 12, 1902, forwarding copies of a notice issued by the government of the Transvaal to persons intending to visit that colony or the Orange River Colony, of which a copy is also annexed. Copies of this notice are shown to all persons inquiring at this office on the subject; it is true that the advice has been altered so as to read: "Persons about to visit the new colonies are advised, in order to save themselves delay and disappointment, to forward their application for permits at least one week before their departure in order that permits may be ready for them when they land," but it will be observed that at the end of paragraph 20 the following occurs: "In all other cases (other than those prohibited as above) it shall be in the discretion of the governor to grant or refuse any permit."

I also inclose a copy of the press extracts to which Sir Percy Sanderson alludes, and of the regulations which are at present in force. In order as far as possible to avoid inconvenience to intending emi

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