Jltnnfc 27183. 2491 The London Gazette. $ubltsf>el> bp 8utfjorttp. TUESDAY, APRIL 17, 1900. [Id substitution for the Order in Council that appeared in the London Gazette of 9th March, 1900.] ^ T the Court at Windsor, the 3rd day of March, 1900. PRESENT, The QUEEN's Most Excellent Majesty. Lord Chancellor. Lord President. Lord James of Hereford. HEREAS by the Extradition Acts, 1870 to 1895, it was amongst other things enacted W that, where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State ; and that Her Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the partAngloBoerWar.com of Her Majesty’s dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient. And whereas a Treaty was concluded on the sixteenth day of October, one thousand eight hundred and ninety-nine, between Her Majesty and the Captains Regent of the Most Serene Republic of San Marino for the mutual extradition of fugitive criminals, which Treaty'is in the terms following:— H er Majesty the Queen of the United Kingdom Sua Maesth la Regina del Regno TJnito della of Great Britain and Ireland, Empress of India, Gran Brettagna e d’lrlanda Imperatrico delle and the Most Serene Republic of San Marino, Indie, e la Serenissima Repubblica di San Marino, having judged it expedient, with a view to the avendo giudicato conveniente per la migliore better administration of justice and to the pre­ amministrazioDe della giustizia e per prevenire i vention of crime within their respective territories, reati nei rispettivi loro territori, che gli individui that persons charged with or convicted of the accusati o condannati per i reati qui appresso crimes hereinafter enumerated, and being fugi­ enumerati, e che cerchino sottrarsi alia giusiizia, tives from justice, should, under certain circum­ sieno, in certi casi, reciprocamente consegnati, le stances, be reciprocally delivered up, the said dette Alte Parti Contraenti hanno nominato come High Contracting Parties have named as their loro Plenipotenziari per conchiudere un Truttato Plenipotentiaries to conclude a Treaty for this a questo scopo, cio6:— purpose, that is to say:— Her Majesty the Queen of the United Kingdom Sua Maesth la Regina del Regno Unito della of Great Britain and Ireland, Empress of India, Gran Brettagna e d’lrlanda, Imperatrico delle his Excellency Philip Henry Wodehouse, Baron Indie, sua Eccellenza Philip Henry Wodehouse, Currio of Hawley, a Member of Her Most Barone Currie di Hawley, Merabro del’ Onore- Honourable Privy Council, Knight Graud Cross volissimo Consiglio Privato di Sua Maestil, Gran of Her Most Honourable Order of the Bath, Her Croce del’ Onorevolissimo Ordine del Bacno, Ambassador Extraordinary and Plenipotentiary Ambasciatore Straordinario e Plenipotenziario to His Majesty the King of Italy ; presso Sua Maesth il Re d’ltalia; And the Most Serene Republic of San Marino, E la Serenissima Repubblica di San Marino, his Excellency Cavaliere Paolo Onorato Vigliani, sua Eccellenza il Cavaliere Paolo Onorato Patrician of San Marino, Grand Cross and Grand Vigliani, Patrizio di San Marino, Gran Croce Cordon of the Order of Saint Maurice and Saint decorato del Gran Cordone degli Ordiui dei Lazarus, and of the Crown of Italy, Knight SS. Maurizio e Lazzaro, e della Corona d’ltalia, Grand Cross of the Most Distinguished Order of Gran Croce del Distintissimo Ordine di San St. Michael and St. George, &c., &c., Minister of Michele e San Giorgio, Ministro di Stato, Pre- State, ex-President of the Court of Cassation, sidente emerito di Corte di Cassazione, Sjoatoro - Senator of the Kingdom of Italy ; del Regno d’ltalia, &c., &c.; Who, having communicated to each other their I quali, dopo. essersi comunicati i rispettivi loro respective full powers, found in good and due pieni poteri, trovati in buona e debits forma, THE LONDON GAZETTE, APEIL 17, 1900. 2497 War Office, April 17, 1900. Charles Warren to support and reinforce them, rp ilE following Despatch, with its enclosures, I am of opinion that Lieut.-Colonel Thorney- . has been received from Field-Marshal Lord croft’s assumption of responsibility and authority Roberts, Y.C., G.C.B., &c., Commauding-in-Chief, was wholly inexcusable. During the night the South Africa:— enemy's fire, if it did cot cease altogether, could not, have been formidable, and, though To the Secretary of State for War. lamp signalling was not possible at the time, Army Head-quarters, South Africa, owing to the supply of oil having failed, Camp, Dekiel Drift, Biet River, it would not have taken more than two or My Lord, 13th February, 1900. three hours at most for Lieut.-Colonel Thorney- I HAVE the honour to submit, for your croft to communicate by messenger with Major- •Lordship’s information, despatches from General General Coke or Sir Chailes Warren, and to Sir Bedvers Buller, describing the advance across receive a reply. Major-General Coke appears the Tugela Biver on the 17th and 18th January, to have left Spion Kop, at 9.30 p.m., for the pur­ 1900, and the capture and evacuation of the pose of consulting with Sir Charles Warren, and Spfon Kop position on the 23rd and 24th January, up to that hour the idea of a withdrawal had as well as certain minor operations between the not been entertained. Yet almost immediately 19th and 24th January on the right or eastern after Major-General Coke’s departure Lieut.- line of advance. Colonel Thomeycroft issued an order, without 2. The plan of operations is not very clearly reference to superior authority, which upset the .described in the despatches themselves, but it whole plan of operations, and rendered un­ may be gathered from-them. and the accompany­ availing the sacrifices which had already been ing documents; themselves' that the original in­ made to carry it into effect. tention was to cross the Tugela at or near On the other hand, it is only right to state Trichardfs Drift, and .thence by., following the that Lieut.-Colonel Thomeycroft appears to have road past “ Fair View” and “ Acton Homes,” to behaved in a very gallant manner throughout gain the open plain north of Spion Kop, the Boer the day, and it was doubtless due, in a great positionj in front of Potgieter’s- Drift being too measnre, to his exertions and example that the strong to be taken by direct attack. • The whole troops continued to hold the summit of the hill force, less* one brigade, was placed under -the until directed to retire. orders of Sir Charles Warren, who, the day 4. The conduct of Captain Phillips, Brigade- after he had ..crossed the Tugela, seems to have Major of.the 10th Brigade, on the occasion in consulted his General, and principal Staff, Officers, question, is deserving of high commendation. and to- have come to the conclusion that the He did his best to .rectify (he mistake which flanking movement which Sir Redvers Buller was being made, but it was too late. Signalling had mentioned in his secret instructions was communication was, npt .re-established until impracticable on account of the insufficiency of 2.30 a.m. on .the 25th January, and by that time supplies. He accordingly decided to advance the Naval guns could, not . have, reached the by the more direct road leading north-east and summit of the hill before daybreak.Major- branching off from a point east of “ ThreeAngloBoerWar.com Tree General Coke did not return,-apd Lieut.-Colonel Hill.” The selection of tins road necessitated the Thomeycroft had gone away. Moreover, most capture and retention of Spion Kop, but whether of the troops had begun to leave the hill, and the it would have been equally necessary to occupy working parties, with the half company of Royal Spion Kop, had the line of advance indicated by Engineers, had also withdrawn. Sir Redvers Buller been followed, is not stated in the correspondence. As Sir Charles Warren 5. It is to be regretted that Sir Charles considered it impossible to make the wide hank­ Warren did not himself visit Spion Kop during ing movement which was recommended, if not the. afternoon or evening, knowing as he did actually prescribed, in his secret instructions, he that the state of affairs there was very critical, should at once have acquainted Sir Redvers and that the loss of the position would involve Buller with the course of action which lie pro­ the failure of the operations. He was, con­ ceed to adopt. There is nothing to show sequently,. obliged to summon Major-General whether he did so or not, but it seems only fair Coke to his head-quarters in the evening in to Sir Charles Warren to point out that Sir order that he might ascertain how matters were Redvers Buller appears throughout to have been going on, and the command on Spion Kop thus aware of what was happening. On several devolved on Lieut.-Colonel Thomeycroft; but occasions he was present during the operations. Major-General Coke was not aware of this. He repeatedly gave advice to his subordinate ■About midday, under instructions from Sir Red­ ■ Commander, and on the day after the withdrawal vers Buller, Sir Charles Warren had directed from Spion Kop he resumed the chief command. Lieut.-Colonel Thomeycroft to assume command 3. As regards the withdrawal of the troops on the summit of the hill, with the temporary 'from the Spmn Kop position, which, though rank of Brigadier-General, but this order was not ' occupied, almost without opposition in the early communicated to Major-General Coke, who,until morning of the 24th January, had to be held he left the position at 9.30 p.m, was under the throughout the day under an extremely heavy impression that the command had devolved on fire, and the retention of which had become Colonel Hill, as senior officer, after Colonel essential to the relief of Ladysmith, I regret that Crofton had been wounded.