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 emigrants
[Page 548] I have also forwarded a
copy of these documents to His Majesty’s consular officers at
Philadelphia, New Orleans, Portland, Oreg., Seattle, and San Francisco
in compliance with the suggestion in your communication of the 27th
instant, and have called their special attention to the fact that the
granting of a permit is discretionary with the governor of the
colony.
I am, etc.,
[Inclosure 1.]
Notice to press.
After the 1st of December next no permits to proceed to the Transvaal
or Orange River Colony will be issued in the United Kingdom or by
His Majesty’s consular officers abroad or elsewhere than at the
South African ports.
Persons wishing to proceed to the Transvaal or Orange River Colony
should therefore apply for the necessary permits to enable them to
do so to the Transvaal and Orange River Colony permit office at the
port at which they propose to land.
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 to them.
Under the peace preservation ordinances now in force in the Transvaal
and Orange River Colony persons who enter those colonies without
permits may be ordered to leave, and if such order is not obeyed
within a given time they will be liable to fine and
imprisonment.
[Inclosure 2.]
Notice to persons intending to visit the
Transvaal or Orange River Colony.
It is notified for information that permits to enter the Transvaal or
Orange River Colony are still required, except by persons exempted
in the terms of the ordinance quoted below. Such permits are issued
at all coast ports in British South Africa, at Bulawayo, and at
Lourenço Marquez.
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
the permits may be ready for them when they land.
Applications should, in the case of British subjects, be addressed to
the permit secretary at the intended port of disembarkation.
Foreigners should make application through their consular
representatives.
Persons proceeding via Delogoa Bay should address their applications
to His Britannic Majesty’s consul-general, Lourenco Marquez.
Application forms are obtainable at the colonial office, London, at
the principal South African shipping offices in London and
Southampton, at the Bank of Africa, and Standard Bank of South
Africa in London, and on board the principal South African-bound
steamers.
The following extract from the peace preservation ordinance,
Transvaal, is published for information. The terms of the peace
preservation ordinance, Orange River Colony, sections 19 to 23, are
mutatis mutandis identical:
- “19. After the date of this ordinance no person shall
enter this colony without a permit granted under the terms
of this ordinance, unless—
- “(a) He was resident and
within this colony or the Orange River Colony on the
31st of May, 1902, and has not since that date been
expelled from or ordered to leave this colony or the
Orange River Colony.
- “(b) He has since the 31st
of May, 1902, and before the date of this ordinance,
received a permit or other formal authorization to
enter this colony from some duly constituted
authority.
- “(c) He is a person coming
within the provisions of article 2 of the terms of
surrender, signed at Pretoria on the 31st of May,
1902, and published in the Gazette Extraordinary,
dated the 3d of June, 1902.
- “(d) He is employed in His
Majesty’s navy or military service or in the civil
service or in any police force of this colony or the
Orange River Colony.
- “20. Permits to enter the colony under this ordinance
shall be granted by such persons as may be authorized to do
so by the governor, and shall be in such form as the
governor may direct.
- “No such permit shall be granted to any person who, having
been a burgher of the South African Republic or the Orange
Free State, has not taken the oath of allegiance to His
Majesty, or made some declaration of equivalent import in
form approved by the governor. In all other cases it shall
be in the discretion of the governor to grant or refuse any
permit.
- “21. It shall be lawful for the colonial secretary, if he
has reason to believe that any person is residing or
sojourning in this colony having entered it without proper
authority, to give notice thereof to any resident
magistrate, and such magistrate shall thereupon summons such
person to appear before him, and if such person fails to
satisfy the magistrate that he has obtained a permit under
this ordinance, or is exempt under the provisions of section
19 from obtaining such permit, the magistrate shall make a
written order directing such person to leave the colony
within seven days, unless, before the expiration of that
time, he has received permission in writing from the
colonial secretary to remain in the colony. Such permission
shall have the same effect as a permit granted under this
ordinance.
- “22.
(1) If any person in whose case such order has
been made is found within the colony after the
expiration of seven days after service of such order
without having obtained permission from the colonial
secretary aforesaid, he may be arrested and brought
before a magistrate, and shall, upon conviction, be
imprisoned for a period not less than one month and not
more than six months, and with or without a fine not
exceeding £500, and in default of payment to a further
term not exceeding six months.
“(2) If any person imprisoned under the terms of the
preceding subsection shall remain in the colony for a
period of more than seven days after the expiration of
his term of imprisonment, or any subsequent term of
imprisonment inflicted under this section, without
obtaining permission in writing from the colonial
secretary to remain in the colony he may be arrested and
brought before a magistrate, and shall, on conviction,
be imprisoned, with or without hard labor, for a period
of not less than six months and not more than twelve
months, and with or without a fine not exceeding £500,
and in default of payment to a further term of
imprisonment not exceeding six months.
- “23. Any person entering this colony on a permit not
issued to him by proper authority or obtained by him by any
fraudulent means shall be liable to imprisonment, with or
without hard labor, for a period not exceeding two years, or
to a fine not exceeding £500, or to both such imprisonment
and fine.”
