31889.
PUBLIC RECORD OFFICE
Reference :-
TILL C.O.885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
(Confidential.)
GENTLEMEN,
No. 235B.
(SOUTH AFRICA.)
FOREIGN OFFICE TO LAW OFFICERS.
Foreign Office, October 23, 1899.
I HAVE the honour, by direction of the Marquess of Salisbury, to transmit to you the enclosed papers, which relate to the treatment of arms, ammunition, food- stuffs &c., during the continuance of the state of war which exists between this country on the one side, and the South African Republic and the Orange Free State on the other.
It may be assumed that all other countries, whether they have issued forinal declarations of neutrality or not, are at present in the position of neutrals.
In the case of Portugal, however, the status of absolute neutrality is to a certain extent qualified as follows :—
The Portuguese Province of Mozambique is the only non-British territory adjacent to the Republics, and affords them their only access to the sea except through British territory; and in view of this fact, an Agreement has recently been signed between the British and Portuguese Governments, under which the latter undertakes not to permit the "importation and passage of arns and of munitions of war destined for the Transvaal," and also undertakes "not to proclaim neutrality during the war. The object of the latter undertaking is to prevent British ships of war coming under belligerent disqualifications and restrictions in Portuguese
ports.
The principal instructions issued to the British Colonial and Naval authorities will be found in the inclosed papers. I have the honour to call especial attention to the telegram of the 7th instant (Annex A) to the Naval Commander-in-Chief at the Cape of Good Hope, inclosed in my Minute of the Sth instant (Annex B); to the draft of the 13th instant (Annex C) to the Admiralty; and to the telegram sent in consequence to the Commander-in-Chief, as inclosed in the Admiralty letter of the 14th instant (Annex D). It will be observed that this telegram does not reproduce the penultimate paragraph of the draft of the 13th instant to the Admiralty.
The Colonial Office letter of the 19th instant (Annex E) contains a telegram from the High Commissioner in South Africa on the treatment of munitions of war, of food-stuffs, and of enemy's property on British terrritory; this telegram has already been before you, and the same letter contains the proposed answer, which you have approved.
The circumstances are in one respect abnormal, owing to the fact that neither of the two Republics, between which and this country a state of war unfortunately now exists, possesses any seaboard, and that consequently no goods, whether of a contra- band or other nature, can reach an ulterior hostile destination except through ‘a neutral or a British port, and thence by subsequent overland conveyance through neutral or British territory. It has been suggested that this fact may, having regard to the doctrines of British, as opposed to United States, Prize Courts on the subject of neutral versus hostile destination, and to the views publicly maintained by Her Majesty's Government from time to time, form an important factor in your considera. tion of the questions now submitted to you.
Finally, I am to call attention to the accompanying letter (Annex F) from the Admiralty, containing an account of the seizure of a consignment of gold on the British vessel" Avondale Castle" by Her Majesty's ship Partridge."
Before concurring in the despatch of the telegram to the High Commissioner con- tained in the Colonial Office letter of the 19th instant, Lord Salisbury wishes to have the benefit of your advice on certain general questions relating to the course which should be followed with regard to goods belonging to or destined for the enemy.
I have therefore the honour to request you to take the inclosed consideration, and to favour the Secretary of State with your opinion
papers into your questions.
on the following
• Note.-The correspondence will be found printed in African, No. 605. 4631-25-1/1900 Wt 439 D&8 5