to
prevent the treatment of
rice as
contraband of war by (the
French Authorities at
Saigon
t
240
14311
(Ped 15 3034)
during the continuance
q
the
present state
of
was between
Cheria and
Japan.
Jami
Six,
Your most obedient
humble Lervant
Francis Bertie
Earl Granville to M. Waddington.
Foreign Office, April 4, 1885.
M. l'Ambassadeur,
I HAVE the honour to acknowledge the receipt of your Excellency's note of the 10th ultimo, containing further observations concerning the claim of the French Govern- ment to treat as contraband of war cargoes of rice destined for Chinese ports north of Canton,
I beg leave to state, in reply, that Her Majesty's Government do not contest the general correctness of the view taken by the Government of the Republic, to the effect that it is for the Prize Court to decide in the first instance on the legality of the seizure; but any such decision to be binding on neutral Governments must be in accordance with the rules and principles of international law; but Her Majesty's Government feel them- selves bound to reserve their rights by protesting at once against the doctrine that it is for the belligerent to decide what is and what is not contraband of war, regardless of the well-established rights of neutrals.
Since the receipt of your Excellency's note under reply my attention has been directed to M. Ferry's despatch of the 13th March, published at p. 41 of the Parliamentary Papers on the Affairs of China, recently laid before the French Chambers, in which further arguments are adduced in support of the contention of your Government, and it is suggested that some of the shipments of rice destined for China are in the nature of a tribute or subsidy to the Court of Peking, and that under those circumstances, at least, Her Majesty's Government will admit that such shipments are liable to seizure as contraband of war. I think it right to observe, M. l'Ambassadeur, in order to prevent any misapprehension, that the seizure of such shipments under a neutral flag would be inconsistent with the Declaration of Paris, which provides that the neutral flag covers enemy's goods with the exception of contraband of war, and that Her Majesty's Govern. ment adhere in all respects to the views expressed in my note of the 27th February last protesting against rice being treated generally as contraband of war, and that they will not consider themselves bound by the decision of any Prize Court which should uphold a contrary doctrine.
I have, &c. (Signed)
GRANVILLE,