CO885-(13-15) — Page 654

28678.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report-

That the Crown can by Order in Council legislate for both the purposes specified, (a) and (b).

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

The Right Honourable Joseph Chamberlain, M.P.,

&e..

&c.,

&c.

SIR,

No. 234A.

(SOUTH AFRICA.)

COLONIAL OFFICE to FOREIGN OFFICE.

Downing Street, October 21, 1899. WITH reference to my letter of this day's date, respecting the mode of dealing with 28678. questions which arise in connection with the hostilities in South Africa, I am directed by Mr. Secretary Chamberlain to transmit to you, for the consideration of the Marquess of Salisbury, the accompanying telegram from the High Commissioner for South Africa, 28678. respecting the treatment of fool-stuffs destined for the enemy's country, together with an opinion on the subject obtained from the Law Officers yesterday evening.

Pending Lord Salisbury's decision on the question, Mr. Chamberlain has addressed 28678. the accompanying telegram to Sir Alfred Milner in reply.

With regard to the latter part of Sir A. Milner's message, I am to enclose a state- ment from which it appears that the latest instructions issued by the Admiralty on the subject of the search of vessels are not consistent with those issued by this Department on the 13th instant to the Governors of the Cape and Natal, a copy of which is enclosed, A 21812. copy of those instructions was sent to the Admiralty the same evening, but by an over- sight they were not at the same time communicated to the Foreign Office.

(Memorandum.)

Enclosure 1,

I am, &c.,

FRED. GRAHAM.

{

on 27595.

On the 11th instant we telegraphed to Cape and Natal to search all British ships the high seas or in British waters for contraband of war, or any goods whatever being the property of the enemy's Government. No foreign ships to be searched.

On the 13th we telegraphel that no ships whatever were to be searched, and that 27812. enemy's goods were only to be seize I on land. The Admiralty were requested to give similar instructions to the Naval Authorities.

On the same day, however (13th), the Foreign Office (in ignorance of the decision 28211. arrived at that morning) wrote to the Admiralty suggesting that the Admiral should be informed that "if goods in the nature of contraband of war are carried in a neutral vessel, and there are reasonable grounds for the belief that their real destination is the enemy or the agent of an enemy in a neutral port, the searching vessel would be justified in bringing the ship carrying these goods into port for adjudication."

This the Admiralty did on the 14th, and as this is the latest instruction from the 28026. Admiralty, of course the Admiral has instructions inconsistent with those to our Governors.

If, as I apprehend, the decision not to search is the final one, the Admiralty should revise their instructions at once.

October 20.

F. G.

1

Enclosure 2.

Provisions can only be stopped if there is reasonable ground for believing that they

are directly destined for the supply of the enemy's forces.

Provisions cannot forcibly be taken out of a neutral ship; the vessel must be detained and taken into a prize court for condemnation.

To seize neutral vessels on the ground that they are carrying provisions will raise in the most acute form the questions which we understood it was considered most desirable

to avoid.

October 20, 1899.

4532-25-1 1900 Wt 439 D&S

5

R. E. W.

R. B. F.

PUBLIC

RECORD OFFICE

Reference :-

TELEC.O.885

14 PUBLIC RECORD OFFICE, LONDON

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