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PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 679.
(NEW SOUTH WALES.)
LAW OFFICERS to FOREIGN OFFICE.
Temple, December 17, 1870. MY LORD,
WE are honoured with your commands, signified in Mr. Hammond's letter of the 15th instant, stating that he was directed by your Lordship to enclose to us an accompanying letter from the Colonial Office, enclosing copies of two Despatches from the Governor of New South Wales on the subject of the supply of coals and contra- band of war to belligerent vessels, and to request that we would take those papers into our consideration, and favour your Lordship, at our earliest convenience, with our opinion as to the instructions which should be addressed to the Governor of New South Wales, both on the question of the supply of coal and generally in regard to contraband of war.
In obedience to your Lordship's commands we have taken the papers into our con- sideration, and have the bonour to
Report
That we are not aware of any better instructions that can be given to the Colonial Governors, as to the manner in which belligerent ships of war should be dealt with, than those contained in your Lordship's Circular Letter of the 19th July last, supplemented by Lord Kimberley's Circular of the 7th October.
We may observe that an erroneous idea seems to have become current at Sydney, possibly in consequence of the assertion of the Consul of the North German Con- federation in his letter of the 6th September 1870, that coal is, in all circumstances, contraband of war.
We think it advisable that Lord Belmore should be informed that coal is to be regarded as an article ancipitis usus, which may become contraband of war where it is destined to be used for purposes directly belligerent.
This question, however, is immaterial, if the opinion which we have often expressed be correct, that according to international law there is no duty on a neutral state to prevent the exportation by merchant vessels of contraband of war to belligerents. The prevention of this trade lies with the belligerent injured by it, whose courts adjudicate on captures, and determine what articles are, and what articles are not, under given circumstances contraband of war, a question which cannot be determined beforehand by the neutral country from which they are exported. It follows that we think the view taken by the Colonial Attorney General erroneous, and that we regard the introduction of the Colonial Bill (which we do not understand to have yet passed) as somewhat untoward.
The Earl Granville, K.G.
We have, &c. (Signed)
R. P. COLLIER. J. D. COLERIDGE. TRAVERS TWISS.
U 16278.-195. 25. -5/86.