R
40564
PUBLIC RECORD OFFICE
C.O. 8
Reference :-
885
7
No. 237.
GENERAL.
LAW OFFICERS to FOREIGN OFFICE.
[Supply of coal by British vessels to the Russian fleet: whether proceedings should be taken against the "Roddam."]
Royal Courts of Justice,
November 25, 1904.
MY LORD,
We were honoured by Your Lordship's commands, signified to us by Mr. Villiers in his letter of the 14th instant, stating that he was directed by Your Lord- ship to enclose, for our consideration, a letter from His Majesty's Customs, forward- ing copies of papers relating to the clearance of the British vessel "Roddam," and to request that we would favour Your Lordship with our opinion whether, on the facts disclosed in the letter from the Board of Customs, there was sufficient evidence showing that the "Roddam" was instructed to wait upon the Russian fleet and to supply coal as required to justify or require the institution by His Majesty's Government of proceedings under the provisions of the "Foreign Enlistment Act, 1870."
We were further honoured by Mr. Campbell's note of the 19th instant, enclosing two letters which had been received from the Boards of Trade and Customs respec- tively, relating to the shipment of coal suspected of being intended for the Russian fleet.
We were further honoured by Mr. Campbell's note of the 23rd instant, trans- mitting, for our information, a despatch from His Majesty's Consul at Dakar, reporting the arrival at that port of colliers stated to be in attendance on the Russian fleet, and requesting that Your Lordship might be favoured with our opinion upon the whole question of the supply of coal by British colliers to the Russian fleet.
We have taken the matter into our consideration, and, in obedience to Your Lordship's commands, have the honour to
Report-
That in our opinion, upon the facts disclosed in the letter from the Board of Customs and the fact that the "Roddam" did attend upon the Russian fleet at Vigo, there is some evidence to support a prosecution under the Foreign Enlistment Act, 1870. The case is, however, far from clear. There is no obligation upon His Majesty's Government to institute such a proceeding, and whether His Majesty's Government should do so is a question of policy. An abortive prosecution would be very unfortunate, and its institution against a British firm might lead to great pressure upon His Majesty's Government to detain German vessels loading in British ports presumably for the same purpose. If a strong and clear case presented itself, it might be proper to prosecute, in vindication of our neutrality and in justice to those British shipowners who have refused such lucrative but unlawful employment.
We cannot advise a prosecution in this case.
We have, &c.,
The Marquess of Lansdowne, K.G.,
&c.,
&c.,
&c.
23
Wt 416 12,04 D & S
19944
R. B. FINLAY. EDWARD CARSON.
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO