with instructions given by the "Sûreté générale" to make the necessary arrangements to prevent the escape of Savarkar. Whereas, having regard to what has been stated, it is manifest that the case is not one of recourse to fraud or force in order to obtain possession of a person who had taken refuge in foreign territory, and that there was not, in the circumstances of the arrest and delivery of Savarkar to the British authorities and of his removal to India, anything in the nature of a violation of the sovereignty of France, and that all those who took part in the matter certainly acted in good faith and had no thought of doing anything unlawful. 99 Whereas, in the circumstances cited above, the conduct of the brigadier not having been disclaimed by his chiefs before the morning of the 9th July, that is to say, before the " Morea' left Marseilles, the British police might naturally have believed that the brigadier had acted in accordance with his instructions, or that his conduct had been approved. Whereas, while admitting that an irregularity was committed by the arrest of Savarkar, and by his being handed over to the British police, there is no rule of international law imposing, in circumstances such as those which have been set out above, any obligation on the Power which has in its custody a prisoner, to restore him because of a mistake committed by the foreign agent who delivered him up to that Power. For these reasons: The Arbitral Tribunal decides that the Government of His Britannic Majesty is not required to restore the said Vinayak Damodar Savarkar to the Government of the French Republic. Done at The Hague, at the Permanent Court of Arbitration, the 24th February, 1911. The President: A. BEERNAERT. MICHIELS VAN VERDUYNEN. AWARD of Don Joaquin Fernandez Prida, Arbitrator in the matter of the Southern Boundary of the Territory of Walfisch Bay.-Madrid, May 23, 1911.* (Translation.) DON JOAQUIN FERNANDEZ PRIDA, Senator of the Kingdom of Spain and Professor of International Law at the University of Madrid, performing the functions of Arbitrator conferred on him by His Majesty the King of Spain in pursuance of the * Parliamentary Paper, "Africa, No. 1 (1911)." Cd. 5857. Declaration of the 30th January, 1909,* signed at Berlin by the Representatives of Great Britain and Germany, to settle the question pending between those Powers on the subject of the southern frontier of the British territory of Walfisch Bay, has given in the said capacity, after having examined the facts and arguments adduced by the two parties, the following Award: I. Whereas on the 12th March, 1878,† the Captain of the ship Industry, belonging to the British squadron, took possession, in the name of Her Majesty the Queen of Great Britain and Ireland, of the port and station of Walfisch Bay and of certain adjacent territory, announcing by the necessary Proclamation that the annexed district was bounded as follows:: "On the south by a line from a point on the coast 15 miles south of Pelican Point to Scheppman's Dorp; on the east by a line from Scheppman's Dorp to Rooibank, including the plateau, and thence to 10 miles inland from the mouth of the Swakop River; on the north by the last 10 miles of the course of the Swakop River"; II. Whereas the said annexation and Proclamation were preceded by various preparatory documents emanating from the Cape Government, the Colonial Office at London, and other British authorities, amongst which documents a special series was constituted by those intended to fix the extent and boundaries of the territory which was to be annexed, together with the harbour of Walfisch Bay, the following being especially noteworthy in that series :: (1.) The communication of the 23rd January, 1878, addressed by Lord Carnarvon to Governor Sir H. Bartle Frere, which states that "the British flag should be hoisted in Walfisch Bay, but that, at least for the present, no jurisdiction was to be exercised beyond the shores of the bay itself"; (2.) The telegram of the 23rd February, 1878, addressed by the Governor from King William's Town to Captain Mills, the Colonial Secretary, stating with regard to Walfisch Bay that it would be preferable that the naval officer should, on the hoisting of the flag, proclaim sovereignty only over the station and the bay itself and a radius of 10 or 12 miles or so, according as it might appear necessary after consultation with Palgrave, it being added to these instructions that, although the author of the telegram proposed to ask for the increase of the territory annexed, it was understood that "for the present the annexation should be confined to the precise limits indicated by the Minister"; (3.) The communication of the 26th February, 1878, addressed by the Colonial Secretary of Cape Colony to the Senior Naval Officer at Simon's Bay, instructing him to direct the Captain of Her Majesty's ship Industry to proceed to Walfisch Bay and hoist the British flag and take possession of the port, + Vol. LXIX, page 1177. * Vol. CII, page 91. station, and adjacent territory to a distance in the interior which he should determine in consultation with Mr. Palgrave if he were on the spot; and (4.) The supplementary instructions addressed on the 28th February, 1878, by Captain J. Child Purvis to the Captain of the ship Industry, Richard C. Dyer, in which, among other things, he is told to consult with Mr. Palgrave "as to the exact amount of territory to be annexed"; III. Whereas on the date of the Proclamation of Annexation, Commander Dyer, in conformity with instructions received, drew up a short memorandum addressed to Commodore F. W. Sullivan, with the intention of explaining the circumstances of the annexation, and in which he states among other things: That, owing to the absence of Mr. Palgrave, he judged it necessary to decide for himself the extent of the territory to be annexed, "being guided generally by the telegram from Sir Bartle Frere, dated the 23rd February, and by the requirements of the Bay"; that he fixed the boundaries of the said territory in accordance with the information and advice of Mr. Ryden, representative of Ericsson and Co., of Capetown, and of other white people residing in the Colony; that " as there was no fresh water nor pasture in Walfisch Bay," he considered it indispensable that there should be included in the annexation, if possible, a place containing both these things, and that "with this object he made a journey in a bullock-waggon to Rooibank, taking with him two officers as companions to view the plateau"; that "this place is considered with some differences of opinion as from 13 to 18 miles to the east of Walfisch Bay, but that it is nine hours by wagon," and "is an oasis thickly covered with grass and scrub and well watered, and the nearest point available to supply the Bay with water and good pasture"; that "as there are no fixed points on the immediate coast, it was decided that the plateau of Rooibank and Scheppmansdorf to the south-east should be included in a line drawn from 15 miles south of Pelican Point to 10 miles inland from the mouth of the Swakop," and that the natives especially invited to be present at the annexation ceremonies and modestly entertained in honour of the solemnity were apparently very pleased and satisfied with the annexation, which was explained to them by means of an interpreter ; IV. Whereas on the 1st May. 1878, Commodore F. W. Sullivan sent to Sir B. Frere a copy of the memorandum mentioned in the preceding recital, accompanied by a communication in which he states that "the boundaries fixed by Commander Dyer appear reasonable"; V. Whereas, by Letters Patent dated at Westminster the 14th December, 1878, Her Britannic Majesty ratified and confirmed the aforesaid Proclamation of the 12th March of the same year, and authorized the Governor of the Colony of the Cape of Good Hope, with the assent of the Legislature, to declare by a new Proclamation that from the date fixed in it "the harbour, station, and territory of Walfisch Bay," as demarcated by Commander Dyer, should be annexed to the said Colony; VI. Whereas on the 25th July, 1884,* the Legislature of the Cape of Good Hope consented to the annexation to that Colony of the harbour or station of Walfisch Bay and of the surrounding territory, in virtue of which the Governor, Sir Hercules G. R. Robinson, proclaimed, on the 7th August of the same year, the incorporation in Cape Colony and subjection to the laws in force there of the territory of Walfisch Bay, and confirmed the demarcation of the same contained in former documents, and established there in addition a Court constituted by a resident magistrate; VII. Whereas on the date of the 7th August aforementioned the zone on the West African Coast comprised between the mouth of the Orange River and the 26th parallel south latitude was placed under German protection; and, soon after, the adjacent coast comprised between the 26th parallel and Cape Frio, with the exception of the British territory of Walfisch Bay; VIII. Whereas in the month of March 1885 a Commission was appointed, entitled "the Mixed Claims Commission of Angra Pequeña and the West Coast," formed by Dr. Bieber as German representative and Judge Shippard as British representative, and the said Commission, after conducting an enquiry on oath, alluded to above, relative to the limits of Walfisch Bay, signed on the 14th August of the said year 1885 a letter addressed to the High Commissioner, Sir H. Robinson, in which, with the object of correcting errors and deficiencies noticed in the determination of the boundaries, the following is stated: "The limits of the territory of Walfisch Bay, laid down in Commander Dyer's Proclamation, and in the Letters Patent of 1878, in the Annexation Act of 1884, and in the Proclamation of the 7th August of the same year, should be corrected as follows: "Scheppmansdorf' should be designated as 'Scheppmansdorf' or 'Rooibank,' and what has been called the Rooibank' should be Rooikop.' The Admiralty charts should also be corrected to agree with this. The eastern boundary, marked on Dr. Theophilus Hahn's map, published in 1879, and copied in Juta's map of 1885, is incorrect"; IX. Whereas the Governor and High Commissioner, Sir H. Robinson, addressed a communication to Colonel Stanley, dated the 24th September, 1885, on the subject of the statement of the Mixed Commission quoted above, taking into account the mistakes pointed out in the text of the Proclamation of the 12th March, 1878, and the official documents reproducing it, observing, besides, that the mistake arose from Commander Dyer calling the hill near the centre of the eastern frontier "Rooibank," when its name is really "Rooikop," adding that * Vol. LXXV, page 408. The Act was assented to on July 22 and promulgated on July 25, 1884. + Vol. LXXV, page 407. Rooibank and Scheppmansdorf are two names for the same place, which is a township situated on both banks of the River Kuisip, remarking that there is no difference of opinion between the German and British Commissioners with regard to the real boundary of the territory of Walfisch Bay on the eastern side, but that this boundary has been incorrectly described in the various documents defining it, asking him further whether he considered himself to possess the necessary powers to publish a new Proclamation correcting the mistake alluded to; and stating finally that "nevertheless it might be convenient, before publishing a new Proclamation or Letters Patent, to await the conclusion of the survey of the boundaries of the territory of Walfisch Bay which the Colonial Government was carrying out at that moment, as it would be desirable that the boundaries of the plateau between Scheppmansdorf and Rooikop included in the territory should be defined with precision"; X. Whereas the British Government, in agreement with the final observation contained in the communication quoted in the preceding recital, postponed the publication of new Letters. Patent setting forth a complete and exact description of the territory of Walfisch Bay until the conclusion of the labours of examination and survey which the surveyor (Mr. Wrey) was then carrying out on the spot by the orders of the Cape Government, the results of which labours with regard to the fixing of the boundaries could, according to a letter addressed by the Colonial Office to the Foreign Office on the 22nd October, 1885, be communicated to the German Government before the publication of the Letters Patent referred to; XI. Whereas Mr. Wrey, after the termination of the work of inspection and survey which the Cape Government ordered him to undertake, drew up a report, dated the 14th January, 1886, accompanied by a map on which he marks out the territory of Walfisch Bay by means of thirteen pillars designated by as many letters in alphabetical order in the following manner :— Pillar A, situated at Pelican Point; Pillar B, 15 geographical miles to the south of the former, near the coast; Pillar C, behind the mission station at Rooibank; Pillars D, E, and F, between the preceding pillar and Ururas, marking a line which separates the sand-hills from the left, or south, bank of the River Kuisip; Pillar G, on the opposite side of the same river, coinciding with the extremity of the land asked for by by Messrs. Wilmer and Evensen in Ururas; Pillar H, on the top of Rooikop, in the desert of Nariep; Pillar J, on the top of the black rock called Nuberoff, situated on the south bank of the River Swakop, at a distance of 10 miles approximately from its mouth; Pillars K, L, and M, following the general direction of the course of the Swakop towards the sea; and Pillar N, in Walfisch Bay, in front of the Resident's house; |