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885

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14 PUBLIC RECORD OFFICE, LONDON

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cannot be assumed that the parts of Africa in which Colonel Lugard's forces are at present operating have been so dealt with by and under the authority of the Crown in such a manner as to place them in the same position as those parts of Africa which were the subject of investigation in the case of Regina v. Jameson.

I am requested to ask you to take these matters into your consideration and advise Mr. Chamberlain-

(1) Whether the forces commanded by Colonel Lugard are in military occupation of a foreign country.

(2) Whether the men serving under Colonel Lugard and (b) the civilians accompanying his forces are subject to military law.

The Law Officers of the Crown.

I am, &c.,

H. BERTRAM COX.

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

June 8, 1898.

1. We are of opinion that the forces commanded by Colonel Lugard are in military occupation of a foreign country.

2. Both the men serving under Colonel Lugard and the civilians accompanying his forces are subject to military law.

RICHARD E. WEBSTER.

ROBERT B. FINLAY.

13146.

SIR,

No. 175.

(BARBADOS.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, 10th June, 1898. WE were honoured with your commands signified in Mr. H. Bertrain Cox's letter of the 31st ultimo, stating that, with reference to recent conferences between ourselves and Mr. Cox upon the subject of the censorship of telegrams temporarily put in force- by the Governor of Barbados, he was directed by you to transmit to us copies of three despatches (with enclosures) which had been received from Sir James Hay, Sir J. Hay containing full details of what occurred on the occasion in question.

to-C.O.,

5 May 1898.

That it appeared that the action of the Governor was based on a

telegram from the No. 77, Colonial Office, sent on the 27th of April last, in reply to a telegram from him, on Sir J. Hay the 25th April, asking whether a belligerent man-of-war in the Port of Bridgetown, to C.O., or a Consul, could send a telegram without any control. That the reply to that No. 7, inquiry-which was drafted on our verbal instructions-was to the following effect 5 May 1898.

Telegraph should be controlled so as to prevent despatches from belligerent man-of-war.

Sir J. Hay to C.0, "Consul is entitled to use telegraph and can be interfered with only if there be case of No, 79, "abuse for purposes of war."

5 May 1898.

That a belligerent man-of-war named the "Alphonso XIII." soon afterwards arrived at Bridgetown, a Spanish vessel carrying 10 guns and 547 soldiers. That she entered the port at 5.45 a.m., on the 2nd of May, and left again at 3.0 p.m., taking neither coals nor provisions of any description.

That the Governor, to whom the Secretary of State's instructions had been com- municated, as soon as he was apprised of her arrival, decided, upon the advice of the Attorney-General, to put in force a portion of section 15 of the West India and Panama Telegraph Company's Act (No. 27 of 1890), in order to effectually supervise the despatch and delivery of any telegrams which might tend to a breach of neutrality. That an order was accordingly issued to the clerk in charge of the telegraph office providing for such supervision. That the censorship was imposed at 9.30 a.m., on the 2nd of May, and withdrawn at 3.0 p.m., on the 3rd, twenty-four hours after the had left the port.

Alphonso XIII"

That during that period the only telegram actually handed in and stopped was a message in cypher from the United States Consul to the State Department at Washington. That that telegram was stopped by the officer placed in charge of the telegraph office, and was handed to the Governor, who thereupon caused a communication to be addressed to the Consul expressing his regret that he was unable to forward the telegram. That the Governor, who had observed that the word "Alphonso" occurred in it in clear," was at a subsequent interview (the events of which were very fully detailed in his despatch, No. 79, of May 5th) apprised by the Consul of the purport of the message, which was stated by the United States Consul to be to the following effect:-"Spanish troopship Alphonso XIII. here with troops." That the result of the interview was that the telegram in question was not sent, but that later in the day the Governor gave permission to the Consul to send an open telegram to the State Department at Washington as follows:-"Governor, under instructions from Home Government, controls cable office : will not permit messages sent Department relative to movements, American or Spanish."

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That in the course of the same day the Colonial Secretary was informed by the Spanish Consul that he was desirous of despatching two telegrams, one

to the Minister at Madrid, and one to the friends of the Commander of the "Alphonso XIII" That the Consul volunteered to show those telegrams in rough, and in the Spanish language, to the Colonial Secretary, who informed him that if handed in they would be submitted to the Governor, and that it would depend on his decision whether they would be allowed to be forwarded or not. That subsequently, however, the Consul informed the Colonial Secretary by telephone that he did not desire to send any telegram.

That the telegram which was prohibited at Barbados was sent by post to Saint Vincent, and was thence forwarded by telegraph to the State Department, the Governor of the Windward Islands having not asked for, or received, any instructions similar to those given to the Governor at Barbados. That the Administrator at

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Reference :-

885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

No. 175.

(BARBADOS.)

7 OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

10th June, 1898. with your commands signified in Mr. H. Bertram Cox's letter of hat, with reference to recent conferences between ourselves bject of the censorship of telegrams temporarily put in force dos, he was directed by you to transmit to us copies of closures) which had been received from Sir James Hay, Sir J. Hay hat occurred on the occasion in question.

to C.O.,

the action of the Governor was based on a telegram from the No. 77, ie 27th of April last, in reply to a telegram from him, on sir J. Hay 5 May 1898. ether a belligerent man-of-war in the Port of Bridgetown, to C.O., a telegram without control. That the reply to that

any 1 on our verbal instructions-was to the following effect :- rolled so as to prevent despatches from belligerent man-of-war. elegraph and can be interfered with only if there be case of

-of-war named the "Alphonso XIII." soon afterwards arrived vessel carrying 10 guns and 517 soldiers. That she entered the 2nd of May, and left again at 3.0 p.m., taking neither description.

o whom the Secretary of State's instructions had been com- as apprised of her arrival, decided, upon the advice of the force a portion of section 15 of the West India and Panama No. 27 of 1890), in order to effectually supervise the despatch ms which might tend to a breach of neutrality. That an 1 to the clerk in charge of the telegraph office providing for censorship was imposed at 9.30 a.m., on the 2nd of May, on the 3rd, twenty-four hours after the "Alphonso XIII"

d the only telegram actually handed in and stopped was a United States Consul to the State Department at Washington. oped by the officer placed in charge of the telegraph office, and

, who thereupon caused a communication to be addressed to gret that he was unable to forward the telegram. That the

I that the word "Alphonso" occurred in it "in clear," was at events of which were very fully detailed in his despatch, d by the Consul of the purport of the message, which was Consul to be to the following effect :-" Spanish troopship

th troops." That the result of the interview was that the t sent, but that later in the day the Governor gave permission open telegram to the State Department at Washington as r instructions from Home Government, controls cable office: s sent Department relative to movements, American or

the same day the Colonial Secretary was informed by the vas desirous of despatching two telegrams, one to the e to the friends of the Commander of the "Alphonso XIII." ed to show those telegrams in rough, and in the Spanish ecretary, who informed him that if handed in they would be and that it would depend on his decision whether they warded or not. That subsequently, however, the Consul retary by telephone that he did not desire to send

any

ich was prohibited at Barbados was sent by post to Saint forwarded by telegraph to the State Department, the Islands having not asked for, or received, any instructions the Governor at Barbados. That the Administrator at

No. 7,

5 May 1898. Sir J. Hay to C.O.

No, 79, 5

May 1898.