a
(c.) Finally, Sir Thomas Sanderson was to ask us for any observations of general nature which might occur to us in connection with the questions and papers referred to u18.
We have taken the papers into our consideration, and, in obedience to your Lordship's commands, have the honour to
3
DRAFT of PROCLAMATION mentioned in the above REPORT.
That-
Report-
<
1. We are of opinion that the carriage by British ships of goods consigned to any person in either of the Republics, or to any agent of such Republics, or of any subjects thereof, in a neutral port, is illegal, as amounting to trade with the enemy. Questions of great difficulty might arise in connection with cases in which the goods are consigned to a neutral port to a neutral consignee unless it can be shown that the use of the neutral's name as consignee is fictitious, and that the goods are in fact consigned to the enemy, or enemy's citizens or subjects.
It is largely a question of policy whether the carriage of goods intended to reach the enemy by British ships should be prevented, and we are not in possession of information as to the nature and particulars of the trade of this sort which it is suggested is being carried on to enable us to express an opinion.
Upon the materials before us, we should think it desirable that British subjects should be informed of the unlawfulness of any such enterprise. All trade with the enemy after the outbreak of war is unlawful unless licensed by the Crown. But the Crown may think it expedient either expressly to license trade of a particular kind, or tacitly to permit it. If it be decided not to allow such carrying trade, we think that the notification should be in some such terms as we have added upon the Proclamation of the High Commissioner, herewith initialled by us. A notification in such terms does not prejulge the case which might arise of the carriage of goods in a British ship to neutral buyers at Lourenço Marques on the ground that they would be resold to the enemy. We are disposed to think that this might be treated as a trading with the enemy if. in substance, the Portuguese buyer, though apparently buying and selling on his own account, was notoriously merely a means of transmitting such goods to the But the point is not concluded by authority.
enemy.
2. We think that the intimation should be by Royal Proclamation. We have inserted in the Proclamation of the High Commissioner herewith, initialled by us, such alterations as we think necessary to form the basis of such Proclamation.
3. We have nothing to add by way of general observations to what we have said in the answer to the preceding questions.
We have, &c.
PROCLAMATION:
BY HIS EXCELLENCY SIR ALFRED MILNER,
Knight-Grand Cross-of-the-Most-Distinguished Order of Saint-Michael and Saint George, Knight Commander-of-the Most Honourable-Order of the Bath, Governor and Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope-in South Africa, and of the Territories and Dependencies thereof, und Her Majesty's High Commissioner, &e.,-&e.
Whereas a state of war exists between Her Majesty's Government and the Government of the South African Republic, and also between Her Majesty's Govern- ment and the Government of the Orange Free State;
And whereas it is therefore expedient and necessary to warn all Her Majesty's subjects, and other persons in the Colony, of their duties and obligations towards Her Majesty the Queen, her Crown and Government :
Now, therefore, by virtue of the authority committed to-me-as Governor-of this-Colony, I do hereby exhort-all-persons whomsoever-to-observe their duty and loyalty towards-Her Majesty the Queen-and-Her Majesty's Government, and to abstain from all treasonable or seditions nets or worde-agninet-Her Majesty, her Crown-and-Government,-and-from-all-nets or words which may tend--to exeite disaffection or disloyalty towards Her Majesty, her Crown and Government, or disturb-in-any-manner the-peace-and-goed-order-of-this-Colony, or any part thereof and I-do further we do hereby warn all Her Majesty's our subjects not to enlist or engage them- selves in the military service of the Government of either of the said Republics, or in any way to aid, abet, or assist either of the said Republics in the prosecution of hostilities, and not to carry on any trade with, or supply any goods, wares, or merchandize to either of the said Republics, or any subject thereof in the said Republies; or to any person resident therein, or to supply any goods, wares, or merchandise to any person for transmission to either of the 'said Republics, or to any person resident therein, and not to carry any goods, wares, or merchandise destined for either of the said Republics, or for any person resident
therein.
And we do hereby further warn all persons that whoever, in contravention of the law, shall commit any of the aforesaid acts, will duly prosecuted and will be liable, on conviction, to such punishment penalty as the law provides.
GOD SAVE THE QUEEN !
Given-under-my hand and the public seal of the Colony of the Cape of Good Hope, this 12th day of Petcher, Isuu,
H
The Marquess of Salisbury, K.G.
RICHARD E. WEBSTER. ROBERT B. FINLAY.
I
(Signed)
A-MILNER,-Governot
B-command-of-hir Excelleney the Governor in Council,
(Signed) No. 2771aUH ̧
W.-P. SCHREINER,
R. E. W. R. B. F
PUBLIC
RECORD OFFICE
Reference :-
C.O.885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO