Milner to arrange a fresh conference with Mr. Krüger. On September 2nd
the Pretoria Government asks whether the British Government will receive
burghers of the Free State as members of the arbitration tribunal? which
are the subjects it will be competent to settle? and which will be
reserved?

Sir Alfred Milner's views on this subject are stated in a lengthy
despatch to the Government, dated September 8th. The points which Sir
Alfred Milner considered should be excluded from arbitration as being
likely to re-open discussion are the following: (1) The position of the
British Indians; (2) the position of other British coloured subjects;
(3) the right of all British subjects to be treated as favourably as
those of any other country; "a right which has never been formally
admitted by the South African Republic."

Here the Arbitration Question may be said to have dropped, Sir A.
Milner's telegram of September 8th being followed by the ultimatum of
October 9th.

Hence this question was not a new one at the time of the Bloemfontein
Conference. It had been raised by the Government of Pretoria as a means
by which its "inherent rights as a Sovereign State" should be
acknowledged, a pretension which could not be admitted by the British
Government.

As we have seen, however, arbitration was not absolutely refused by Mr.
Chamberlain; he imposed two conditions; the Conventions of 1881 and 1884
were not to be questioned, foreigners were not to be chosen as
arbitrators; the points referred to arbitration should be clearly
specified.