CO885-(13-15) — Page 558

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LONDON:

PRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY DARLING & SON, LTD.. 1-3. GREAT ST. THOMAS APOSTLE. E.C.

1898.

*

SIR.

No. 176.

(JAMAICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, June 15, 1898. We were honoured with your commands signified in Mr. Bertram Cox's letter of the 13th instant, stating that he was directed by you to transmit to us a copy of a telegram received from the Governor of Jamaica referring to the question of the use of the telegraph cables and telegraph lines in that Colony by the American Admiral for the purpose of communication with the United States Government. That it was understood from this telegram that the American Admiral had certainly in two instances, if not in more, delivered at Port Antonio, on the north coast of Jamaica, cypher messages directed to the United States Government, and that such messages after delivery for transmission by a United States despatch boat or ship of war, had been transmitted in the ordinary course over the land line from Port Antonio to. Kingston, which was owned by the Government of Jamaica, and thence by cable to its destination.

That there was reason to suppose that the American Admiral might Lave adopted, or would be likely to adopt, this method of communication for the purpose of sending news and receiving instructions from his Government.

That Mr. Bertram Cox was to request us to take this matter into our consideration and to advise you whether, if this should prove to be the case, Her Majesty's Government. would be justified in addressing a remonstrance to the United States Government, or in refusing to allow the messages to be so transmitted, and whether in the event of complaint. by the Spanish Government, Her Majesty's Government would be able to justify permission being accorded to the United States Admiral to use the telegraph lines in the manner described.

In obedience to your commands we have taken the matter into our consideration, and have the honour to

Report—

That we assume from Mr. Cox's letter of the 13th June that a practice either exists, or is contemplated on the part of the American Admiral at Santiago, of using the land line from Port Antonio to Kingston, Jamaica, and the cable from Kingston to the United States, to communicate in cypher with the United States Government. In our opinion, this practice would involve a breach of neutrality, and Her Majesty's Government would not, in the event of complaint by the Spanish Government, be able to justify permission being accorded for such habitual use of the telegraph lines for the purpose of warlike operations.

It is difficult or impossible to lay down any precise rule in such matters, as to which there is no authority, but on the best judgment we can form, this case falls on the wrong side of the line.

The Right Honourable J. Chamberlain, M.P.,

&c.,

17(0)7-21-6,98

&c.,

&c.

Wt. 2161- D&S 5

We have. &c.,

RICHARD E. WEBSTER.

ROBERT B. FINLAY.

1

PUBLIC RECORD OFFICE

Reference :-

mmimmim C.O. 885

14 PUBLIC RECORD OFFICE, LONDON

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