PUBLIC
RECORD OFFICE
C.O.
Reference :-
• 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
1180/96.
(GENERAL.)
GENTLEMEN,
B
No. 77B.
FOREIGN OFFICE to LAW OFFICERS.
Foreign Office, February 8, 1895.
I HAVE the honour to transmit to you, by direction of the Earl of Kimberley, the accompanying notices of questions in the House of Commons (Papers A and B) iu regard to the existing state of affairs between France and Madagascar..
It is unnecessary for the present purpose to consider the causes which have led to the present misunderstanding between the two countries. It will, however, be seen from the accompanying Papers (C, D, and E) that shots have been exchanged between the French and the Hovas, that the Hova forte at Tamatave and Majunga have been bombarded by French war-ships, and that those places are now occupied by French troops.
It should perhaps be mentioned that the Protectorate of France over the Island of Madagascar was recognized by Great Britain on the 5th August 1890 (see Paper F). It is not, however, thought that this fact can, from any point of view, materially affect the legal aspect of the questions which are now submitted to you, or the bearing of the provisions of the Foreign Eulistment Act upon them, since it is not open to question that in the case of an insurrectionary or civil war within the limits of a foreign friendly State the provisions of the enactment apply to both Parties so soon as the insurgents have been accorded belligerent rights or recognition.
In the present case, moreover, Madagascar, though under the Protectorate of Franco, is not an integral part of the territories of the French Republic, and the definition of a foreign State," which is contained in section 30 of the Act, would appear clearly to apply to it.
66
**
On the 3rd instant Her Majesty's Ambassador at Paris forwarded to Lord Kimberley an extract from the discussion in the Chamber of Deputies respecting a concession made to an English
Journal Officiel "
containing an account of a shipping firm for a transport of a portion of the war material destined for the campaign in Madagascar (Paper G). Information respecting the concession in question will be found in the statement made by the French Minister of War in answer to the inter- pellation addressed to him by M. Breton (Inclosure in Paper G).
As regards the question of the transport of war material, I am attention to a Report by the then Law Officers, dated the 14th October 1870* (Paper H), with reference to a contention of the then German Ambassador that to call your international law requires a neutral to prevent the exportation of contraband of war. The Law Officers stated that "no such general rule is laid down by any writer of authority on international law, but the contrary is asserted by all those to whom reference is usually made."
It will be seen, however, that one of the questions to be asked in the House of Commons (Paper B) relates not only to the transport in British vessels of materials of war, but to that of French troops, on this latter point I am to refer you to a Report by the Law Officers dated the 7th "for the purpose of fighting the Malagasies," and December 1877† (Paper I), as to the bearing of the Foreign Enlistment Act in the case of British ships hired by a foreign State for the conveyance of troops dispatched to suppress a rebellion. The Law Officers were of opinion that the granting of the
use of a ship to convey troops is clearly an accepting of an engagement (see section 4 of The Foreign Enlistment Act, 1870') in the military or naval service (see section 30. of the same Act for the meaning of these words).”
A similar question arose in December 1593, when Her Majesty's Minister at Rio də Janeiro asked for instructions as to whether the embarkation in British vessels of Brazilian Government troops to attack the insurgents should be permitted (Paper J). Mr. Wyndham was then "authorised to give warning that any British vesscle carrying troops will do so at their own risk, and will not be protected against the consequences" (Paper K). A warning to this effect was duly issued (Paper L).
I am to request that you will take the inclosed papers into your immediate consideration, and that you will favour Lord Kimberley with your opinion on the following points :—
• No.
† No.
D 90536.-5.
25.-1/96.