R
1
7900.
PUBLIC RECORD OFFICE
Reference :-
TC.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
15 PUBLIC RECORD OFFICE, LONDON
England, and it appears to us to be clear that by sending the instructions in question Mr. Murray attempted to trade with the enemy. The matter did not rest merely in intention. The instructions were an act done which, if not intercepted, would have directly led to the commission of the offence.
We are not in a position to advise whether Mr. Murray was guilty of any offence by Cape law. The authorities referred to in Mr. Bertram Cox's letter of the 19th February. are too vague and general to throw any light on this question. It may be that trading with the enemy amounts to crimen læser majestatis, and we should observe that Mr. Solomon does not appear to rest his opinion on any distinction between the law of England and the law of the Cape upon this point.
Mr. Solomon's opinion seems to us to be erroneous on two points :
1. his statement that the question whether trading with the enemy is criminal depends on the nature of the true is to be taken as having reference to the law of England, as is apparently the case, we are u:mble to agree with him, for the reasons given
above.
2. We do not understand his statement that there was not an attempt in law to trade, but only, at most, instructions given by Murray to Cowie to trade. These instructions seem to us to constitute an attempt to trade with the enemy as we have above explained. They were obviously instructions to Cowie to ship on account of Murray. But even if it were possible to regard them as mere advice by Murray to Cowie, we think that by English law they would render Murray liable to an indictment for endeavouring to procure the commission of a misdemeanour. It does not seem probable that there is any difference between the law of England and the law of the Cape on the question of what constitutes an attempt, but we must, of course, point out that the question whether Mr. Murray luas or has not committed a criminal offence must be determined by the law of the Cape.
The Right Honourable
Joseph Chamberlain, M,P. &c., &c., &c.
We have, &e..
RICHARD E. WEBSTER. ROBERT B. FINLAY.
No. 21a.
(SOUTH AFRICA.)
LAW OFFICERS TO FOREIGN OFFICE.
Royal Courts of Justice, MY LORD,
February 24, 1900. WE were honoured with your Lordship's commands signified in Mr. Bertie's letter of the 15th instant, stating that he was directed by your Lordship to transmit to us certain papers respecting the duties and obligations of the South African Bauking Companies during the present war.
That we should see from the despatch No. 17 of the 10th ultimo from the High Commissioner for South Africa to the Secretary of State for the Colonies the terms which, with a view to regulating those duties and obligations, Sir. A. Milner proposed on the 10th ultimo to the Managers of the Cape Town branches of the Standard Bank of South Africa, the Bank of Africa, and the African Banking Corporation, and to which it appeared, from his telegram No. 24 of the 15th January, that those gentlemen had already assented.
That Mr. Bertie was to request us to take those terms into our consideration and to favour your Lordship with our views as to whether they were, in the circumstances, right and proper, or whether they should be modified or varied, and, if so, in what direction and to what extent.
That Sir A. Milner had, indeed, already suggested the advisability of suggesting a further clause (Inclosure 3 in Colonial Office letter of the 21st January) prohibiting the payment of such of the notes of the lanks concerned as were issued in the Transvaal, and Mr. Bertie was to inquire whether we were of opinion that that additional condition should be insisted on, and, in that event, what steps we should recommend to be taken with a view to providing as far as possible against ultimate loss falling on British subjects, and other bond fide holders for value without notice, who might have received such notes innocently in payment for goods supplied before the outbreak of war or in the ordinary course of trade.
That your Lordship would at the same time be glad to learn whether we considered it advisable to ask the London banks to co-operate in the above measures, and, if so, in what manner we should suggest they should be approached on the subject.
That Mr. Bertie was also to transmit to us a copy of a letter from the Standard Bank of South Africa respecting their position in the present crisis, and he was to inquire what reply should, in our opinion, be made to it, and what general principles, if any, we considered should be acted on by the South African banks.
That, in conclusion, Mr. Bertie was to draw our attention, as a matter connected with the general question of the relations of these banks with the enemy Republics, to Sir A. Milner's telegram No. 23 of the 15th ultimo, in which he referred to some negotiations between the Bank of Africa at Delagoa Bay and a representative of Messrs. Warburg and Company, of London, for the purchase of bills for 5,000, against shipments of wool, the produce of the enemy's territory, and that he was to ask in what terms we would suggest that Messrs, Warburg and Company should he warned against the unlawfulness of such trading with the enemy, as would apparently be involved were the agreement of their agent at Delagoa Bay with the local branch of the Bank of Africa to be carried into effect.
That Mr. Bertie was to request us to take the papers into our consideration, and to favour your Lordship with our opinion on the various points to which our attention had been invited, and generally with any observations which we might have to offer on the subject under discussion.
We have taken the papers into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report
That the Regulations issued by Sir A. Milner to the banks in South Africa, 15th January, 1900, have not in point of law any binding effect. They only amount to
an intimation of the view taken by the High. Commissioner as to the effect on the business of the banks of the law as to trading with the enemy,
3297-25--3 1960 WE 139 DAS