CO885-(13-15) — Page 717

838.

No. 3.

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MY LORD,

(SOUTH AFRICA.)

LAW OFFICERS TO FOREIGN OFFICE.

(Received in Foreign Office Letter of January 6, 1900.) WE were honoured with your Lordship's commands signified in Mr. Bertie's letter

Royal Courts of Justice, January 1900. of the 28th December, 1899, stating that he was directed by your Lordship to consult us in regard to the possible treatment of cyanide of potassium as contraband of war in the peculiar circumstances now existing in connection with the hostilities with the South African Republic.

That cyanide of potassium was not included in the list of articles contraband of war which was given in paragraph 62 of the "Manual of Naval Prize Law," which was prepared by Professor T. E. Holland, and issued by authority of the Lords Commissioners of the Admiralty in 1888,

That, so far as was known in the Foreign Office, cyanide of potassium was not employed either directly or indirectly in the manufacture of explosives. That it was largely used, however, under recently patented processes, in the extraction of gold from the matrix. That the Government of the South African Republic had taken over the working of the gold mines in its territory, and required cyanide of potassium for extracting gold, which would probably be utilized, when obtained, for the purpose of purchasing warlike stores.

That Mr. Bertie was therefore to request that we would favour your Lordship with our opinion whether in these very peculiar and special circumstances cyanide of potassium could properly be treated as contraband of war.

That your Lordship would be glad. at the same time, to be favoured with any general observations which we might have to offer on the subject.

In obedience to your Lordship's commands, we have the honour to

Report--

That, in our opinion, the point raised is one of great difficulty, and we think it extremely doubtful whether contraband of war. Subject, however, to the conditions subsequently stated, we think a Prize Court would hold cyanide of potassium to be that in the very special circumstances of this case it may be so treated. Money intended for the purposes of war may be treated as contraband. gold for the purposes of the war, and is imported by the Government of the enemy for use The cyanide is used to produce in this way.

It is stated that the gold so produced will be utilized for the purpose of purchasing warlike stores. the cyanide may be put in the same category as money.

On principle it seems to us, under these circumstances, that

We may

add that, in the case of cyanide, or other substances ancipitis usûs, Her Majesty's Government, instead of forfeiting them, should offer to take them over at a fair price, as is often done.

We should point out that it would, of course, be necessary to establish by reasonable inference that the particular consignment of cyanide is imported with the view to the gold obtained by it being used for warlike purposes-it is not enough that it is capable of being

so used.

We think that, with reference to this and other articles ancipitis usus which it is proposed to treat as contraband, a Proclanmation would be desirable in which all articles of contraband, absolutely or conditionally, should be specified, and a statement made of the fact that those of the latter class will be regarded as contraband only if intended to be used for warlike purposes, and will be subject to pre-emption.

It is only in very strong cases, if at all, that confiscation of the vessel should be pressed for, in the case of these latter articles.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

8015-25-2/1900 Wt 189 D&S B

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PUBLIC RECORD OFFICE

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C.O.

Reference :-

885

15 PUBLIC RECORD OFFICE, LONDON

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