27777.
SIR,
(Confidential.)
No. 230A.
(SOUTH AFRICA.)
ADMIRALTY TO COLONIAL OFFICE,
(Received October 12, 1899.)
Admiralty, October 11, 1899.
AM commanded by my Lords Commissioners of the Admiralty to transmit to you, for the information of the Secretary of State for the Colonies, copy of two letters to the Solicitor of the Treasury directing him to prepare a case, for the consideration of the Law Officers of the Crown, as to the power of Great Britain to stop the passage of warlike stores into the Transvaal, together with a copy of his reply enclosing the Law Officers' opinion.
Enclosure 1.
I am, &c.,
EVAN MACGREGOR,
PUBLIC RECORD OFFICE
C.O. 8
Reference :-
ら
SOLICITOR,
THE point has arisen as to the power of Great Britain to stop the passage of war. like stores into the Transvaal, in the event of war with that State.
It is assumed that no action can be taken in this direction until a state of war exists.
I am desired to instruct you to prepare a case, for the consideration of the Law Officers of the Crown, embodying the following points on which their opinion is requested:
1. In the event of a merchant vessel belonging to a neutral State being suspected of carrying contraband of war belonging to the opposing belligerent, is it competent for Her Majesty's ships to visit and search her on the high seas, and, if the suspicion of belligerent destination can be verified by the search, to capture her, and take or send her into a British port for adjudication before a Prize Court ?
2. Is the above also applicable to the case of a merchant vessel belonging to a
neutral State suspected of carrying contraband of war belonging to a neutral ?
3. If the answer to the above be in the affirmative, would the competency to capture
fail if the contraband were found, to be consigned to, a neutral port, although the ultimate destination were undoubtedly belligerent?
In the event of the answers to all of the above questions being favourable, it is proposed to instruct the Commander-in-Chief on the Cape of Good Hope Station by telegraph that, so soon as a state of war exists, he is to visit, search, and capture on the high seas, all merchant vessels, including neutrals, carrying contraband of war, and send them to a British port for adjudication before a Prize Court, the necessity for capture being dependent on whether the contraband be consigned to a belligerent destination, including contraband consigned to Lourenço Marques, if its final destina- tion be the Transvaal.
By command of their Lordships,
Admiralty, October 3, 1899,
EVAN MACGREGOR.
Enclosure 2.
885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
SOLICITOR,
Is reference to my communication of the 3rd instant on the subject of the power of Her Majesty's ships, when a state of war exists, to visit, search, and capture on the high seas all ships, including neutrals, suspected of carrying contraband of war, I am to acquaint you that a telegram (No. 87) has been received from the Commander-in-Chief on the Cape Station requesting instructions as to his power over British and neutral ships at Delagoa Bay, if war with the Transvaal and Free State
occurs.
4269-23-1199 W↑ 439 D&S