15
40035.
SIR,
No. 23.
COLONIAL OFFICE TO FOREIGN OFFICE.
[Answered by No. 24 B.]
Downing Street, November 25, 1904. I AM directed by Mr. Secretary Lyttelton to transmit to you, to be laid before the Marquess of Lansdowne, the accompanying paraphrase of a telegram which has been received from the Governor of Ceylon, inquiring whether provisions should be refused to the Baltic Fleet or to any Russian men-of-war which may call at Colombo.
Mr. Lyttelton would be glad of an immediate intimation as to the answer which should, in Lord Lansdowne's opinion, be returned to Sir Henry Blake's telegram.
I am, &c.
40196
S.
No. 23 A.
H. BERTRAM COX.
1039. S.
No. 24.
CAPE COLONY.
ACTING GOVERNOR BROOKE TO MR. LYTTELTON.
(Paraphrase.)
(Received 11:27 A.M., November 26, 1904.)
TELEGRAM.
[Answered by No. 29.]
WITH reference to your telegram respecting mobilizing on approach of Russian Squadron, all arrangements have been made to immediately occupy selected positions in case of emergency, and for securing coasts extra garrisons have been provided by regular troops. In view, however, of the arrival of the remains of the late Mr. Krüger, on political grounds Ministers feel strongly against Colonial forces being mobilized even for twenty-four hours, as no good could result unless mobilization extended until it was certain that the Russian ships had passed, and that might take days to learn. Governor concurs with Ministers and wants a definite ruling as to (1) should the Russian Fleet seek permission to enter Table Bay or other port; (2) should they desire to land leave parties; (3) should they require supplies of fresh water.
FOREIGN OFFICE TO COLONIAL OFFICE.
(Received November 26, 1904.)
PUBLIC RECORD OFFICE
C.O
Reference :---
885/
(Confidential.)
SIR,
Foreign Office, November 25, 1904. I HAVE laid before the Marquess of Lansdowne your letter of the 21st instant,† enclosing a copy of a telegramt from the Governor of Natal, in which he raises the question whether coal should be supplied, at Durban, to German colliers which are practically attached to the Russian Squadron," and which would convey the coal, so supplied, to the Russian men-of-war somewhere outside the territorial waters of the Colony.
2. Lord Lansdowne is of opinion that should the Governor of Natal be satisfied that the colliers are attached to the Russian Squadron, that is to say, in attendance upon it, and taking instructions from persons in the Naval Service of the Russian Government, he should give directions that no such collier should be allowed to take in coal at Durban. If any attempt is made to disobey this order, coaling should be prevented, if necessary by force. Lord Lansdowne considers that this course would be preferable to a prosecution. Of course any persons who consider themselves aggrieved by the enforcement of such a prohibition might possibly take proceedings by way of action. As regards the German owner or captain, the fact that the prohibition and its enforcement constituted an act of State, by the authority of the Governor, would of itself be a complete answer to any such proceedings. As against any British subjects, coal merchants or others, it would be necessary to rely upon the provisions of "The Foreign Enlistment Act, 1870," section 8 (3) and (4) and section 30, which defines "naval service" and "equipping."
3. His Majesty's Government have announced that the Baltic Flect on its way to the theatre of war in the East cannot be allowed to coal in British ports. It is obviously inconsistent with this decision that a Russian man-of-war, which cannot itself enter to coal, should be permitted to send in a vessel which is in attendance on the fleet to fetch the coal from the port to be put on board the fleet outside the territorial waters.
Mr. Secretary Lyttelton may think it desirable to send to the Governor of the Cape and also to the Governors of other British Colonies on the route to the theatre of war similar instructions to those which he dispatches to the Governor of Natal.
I have, &c.
F. A. CAMPBELL.
40196 S.
No. 24 A.
MR. LYTTELTON TO THE GOVERNORS AND HIGH COMMISSIONERS.†
(Sent November 26, 1904.)
(Paraphrase.)
TELEGRAM.
[See No. 73,]
any
RESPECTING the question of supplying coal to German colliers or those of other nationality which may be attending upon the Russian squadron from the Baltic, if you can satisfy yourself that such colliers are attached to the squadron, that is to say, are attending on it and receiving instructions from persons in the Russian Government's naval service, you should direct that no such collier shall be allowed to take in coal, and in the event of any attempt to disobey this order the coaling should be prevented by force if necessary. Any persons considering them- selves aggrieved by the enforcement of this prohibition might take proceedings by way of action. As regards the foreign owner or captain, German or otherwise, there would be a complete answer to any such proceeding in the fact that the prohibition and its enforcement constituted an act of Stato by the Governor's authority; and as against any British subjects-coal merchants or others-it would be necessary to rely upon the provisions of section 8 (3) and (4) and section 30 of "The Foreign Enlist- ment Act, 1870."
• No. 20.
+ I., the Gambia, Sierra Leone, Gold Coast, Lagoa, Southern Nigeria, St. Helens, Mauritius, Seychelles, Ceylon, Straits Settlements, Labuan, Hong Kong, Weihaiwei, Cape, and Natal.
• No. 19.
↑ Not printed.
↑ No. 18.
9 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO