Impossible it is in sound theory that a conqueror can be liable in strict law for the torts of the State which he has displaced, for the torts were the torts of the Government, and not of the territory or the property of that Govern ment. In reality the principles so frequently laid down by the writers as rules of international law are merely rules of moral conduct, which they consider the rulers of the conquering State should adopt. As such, their formulation is most useful, but their application must necessarily be confined within the limits of what is just and reasonable, and a principle which would render a conqueror liable in damages for all the unliquidated claims based on incompleted contracts or wrongful acts of the State he is driven. to subjugate would neither be just nor reasonable, and would entail consequences which would be fruitful of mischief in the ages to come. It is only necessary to consider the results of any such theory to see how pernicious it would be if it were adopted as a rule of international law. It would enable a small and backward State to withstand all pressure from a better governed and more progressive neighbour, and to render itself secure from intervention and absorption, by perpetuating anarchy and misrule within its borders, and by a profligate expenditure which would keep it in a perennial condition of bankruptcy. The more the internal conditions cried aloud for intervention for the sake of the native and foreign inhabitants of that country, or for the protection of its own nationals who were resident there, the more would the Government of the more powerful neighbour be held back by the contemplation of the burden which such absorption would entail. Such a principle, if adopted as a rule of international law, would therefore set a premium on misgovernment. How unreasonable such a doctrine would be may be judged from the fact that it would be necessary to hold the conqueror responsible for every failure of duty on the part of the extinct State, however remote in time, and would also entail upon him the liability to pay all the expenses of the war incurred by his opponent. For the reasons given in the foregoing pages His Majesty's Government submit that there is no rule of international law imposing liability for the wrongful acts of the Government of the extinct State upon a State which conquers and annexes the territory of another. Such a theory is supported by no precedents, and would be contrary to sound principle and mischievous in its effect. They therefore ask that Brown's claim against Great Britain, founded as it is on an alleged wrongful act of the Government of the extinct South African Republic, should be dismissed without further consideration. Annexes. CONTENTS. 1. Sardinian Annexation Decrees 2. Papers relating to Annexations by Prussia, 1860 3. Prussian Patent for taking possession of the Duchies of Holstein and Schleswig, Jan. 12, 1867 .. 4. Statement by the Librarian and Keeper of the Archives in the Page 5 Papers relating to the Annexation of the Transvaal, 1847 6. Papers relating to the Annexation of Upper Burmah 6A. Correspondence relating to the claim of Signor Fea, 1886 7. Judgment of the Court of King's Bench in England in the case of West Rand Gold Mining Company v. The Queen 8. Judgment of the Italian Court of Cassation in the case of 9. Judgment of the Italian Court of Cassation in the case of the 10. Extract from "Theory of State Succession." A. B. Keith. 1907 182 -ANNEX 1. Sardinian Annexation Decrees, 1860. (Reprinted from State Papers Vol. 57, pp. 1029, 1039, 1040, 1041.) DECREE of the King of Sardinia, constituting the Provinces of Emilia (Bologna, Ferrara, Forli, Massa and Carrara, Modena, Parma, Placentia, Ravenna, and Reggio), a part of the Kingdom of Sardinia.-Turin, March 18, 1860. (Translation.) VICTOR EMANUEL II, King of Sardinia, of Cyprus, and of Jerusalem, &c., Duke of Savoy and of Genoa, &c., Prince of Piedmont, &c. Considering the result of the universal suffrage of the Emilian provinces, proving their unanimous desire to be united to our State; Having consulted our Ministers, we now decree : ART. I. The provinces of Emilia shall make an integral part of the State from the day of the date of the present Decree. II. The present Decree shall be presented to Parliament to be converted into law. Our Ministers are charged with the execution of the present Decree, which, furnished with the seal of State, shall be inserted in the collection of Government Acts, and be published in the provinces of Tuscany. Given at Turin, March 18, 1860. C. CAVOUR. T. MAMIANI. VICTOR EMANUEL. G. B. CASSINIS. F. S. VEGEZZI. S. JACINI. DECREE of the King of Sardinia, uniting Tuscany to the Kingdom of Sardinia.-Turin, March 22, 1860. (Translation.) Victor Emanuel II., King of Sardinia, of Cyprus and of Jerusalem, &c., Duke of Savoy and of Genoa, &c., Prince of Piedmont, &c. Considering the result of the universal voting of the provinces of Tuscany, by which it is shown that the general wish of the population there is to be united to our State; Having heard our Council of Ministers, we have decreed and do decree : ART. I. The provinces of Tuscany shall form an integral part of the State from the day of the date of the present Decree. II. The present Decree shall be presented to Parliament to be converted into law. Our Ministers are charged with the execution of the present Decree, which, furnished with the seal of State, shall be inserted in the collection of Government Acts, and be published in the provinces of Tuscany. Given at Turin, March 22, 1860. C. CAVOUR. M. FANTI. T. MAMIANI. VICTOR EMANUEL. G. B. CASSINIS. F. S. VEGEZZI. DECREE of the King of Sardinia, uniting the Neapolitan Provinces to the Italian State.-Naples, December 17, 1860. (Translation.) Victor Emanuel II, King of Sardinia, of Cyprus, and of Jerusalem, &c., Duke of Savoy, and of Genoa, &c., Prince of Piedmont, &c. Whereas the "Plebiscito" submitted to universal suffrage in the Neapolitan provinces convoked in the Comitia on the 21st of October last; Whereas the declaration of presentation and acknowledgment of such "Plebiscito" ensued in Naples the 8th of November last; Whereas the law of the 3rd instant, by which the Government of the King is authorized to accept and establish by Royal Decrees the annexation to the State of those Provinces of Central and Southern Italy in which is manifest, by universal suffrage direct, the will to become an integral part of our Constitutional Monarchy; Upon hearing the counsel of the Ministers,' We have decreed and do decree: ART. I. That the Neapolitan provinces shall form an integral part of the Italian State, from the date of the present Decree. II. Article LXXXII of the Statute, whereby it is |