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PUBLIC RECORD OFFICE

Reference :-

C.O. 885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC. COPYRIGHT PHOTOGRAPH-NOT TO

15 PUBLIC RECORD OFFICE, LONDON

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distinct from a single vessel; and also whether the case is affected by the Russian declaration that coal is unconditionally contraband of war.

As much turns upon the exact wording of the British rule, it may be well to give a short account of its origin.

So far as can be traced, the British Rules, as a whole (including that dealing with the supply of coal to belligerents), appear to have originated at a Conference held at the Foreign Office in January 1862, at which certain members of the Cabinet and the Law Officers of the Crown were present. The phrase "to the nearest part of her own country, or to some nearer destination," as originally drafted, was "to the nearest port of their own country, or to some nearer destination." The former phrase has been invariably employed in the Rules issued in recent wars, but on the outbreak of the were, with present hostilities between Russia and Japan the words "named neutral the concurrence of the Lord Chancellor and the Attorney-General, inserted after "nearer," and the phrase therefore now runs, "to the nearest port of her own country, or to some nearer-named neutral destination."

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Lord Lansdowne is, moreover, advised that in the present state of our Statute Law some difficulty in enforcing the prohibition of the supply of coal to belligerent ships in British ports by private firms or individuals, either altogether or within certain prescribed belligerent does not appear limits, might be experienced, since the supply of cont to a

to constitute any offence under the equipment section (section 10), and the definition of equipping" given in the interpretation section (section 30) of "The Foreign Enlist- ment Act, 1870."

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Should you share this opinion, the desirability of strengthening the statute law in this regard would seem to be worthy of serious consideration."

Copies in print of Declarations of Neutrality made by foreign Governments in the present war are also inclosed for convenience of reference. (Packet marked (F).)

Pending your reply to the questions subsequently submitted to you in this letter, no action has been taken by His Majesty's Government with reference to the Russian pronouncement in regard to coal, though a protest has been addressed to His Majesty's Ambassador at St. Petersburg for communication to the Russian Government (Paper (G)) with regard to their declaration, which was also contained in the Imperial Order of the 28th February on the subject of rice and food-stuffs.

It is therefore very important that His Majesty's Government should, with the least possible delay, decide what attitude they should adopt with regard to the Russian declaration as to coal.

I am to request that you will take the various papers herewith into your considera- tion, and will favour his Lordship, at your earliest possible convenience, with your opinion on the following questions :—

be 1. What is the proper construction of the words "so much coal only as may sufficient to carry such vessel to the nearest port of her own country, or to some nearer- named neutral destination"?

Are the words some nearer-nained neutral destination" referable solely to some such nearer neutral destination situate between the British coaling port and the nearest port of the vessel's own country, or must they be construed without any such limitation, and as comprehending every neutral port, in whatever direction, which is in actual mileage nearer to the British coaling port than is the nearest port of the vessel's own country?

2. If the latter interpretation be the correct one, should the language of the Rule be altered so as clearly to apply only to neutral ports between the British coaling port and the nearest port of the vessel's own country?

3. Should any distinction be made in regard to the limited facilities for coaling to be afforded in British ports between a single belligerent public vessel and an aggregation or fleet of such vessels ?

4. Does the fact that the ultimate destination of such vessel or vessels is obviously to Japanese waters, to which at present the theatre of naval warfare is wholly confined, affect the question ?

or less 5. Assuming that vessels of a belligerent fleet-themselves with more empty bunkers at the time, but accompanied, as part of a concerted operation, by a number of coaling tenders fully laden-put into a British port, leaving the tenders in the offing, ought such vessels to be refused the modicum of coal indicated by the Kule? In other words, could they, the facts above mentioned being clearly ascer tained, be said to be in need of coal within the meaning of the Rule?

6. Has the Rule embodying the principle of granting limited hospitality, by way of succour in cases of necessity or distress to the public vessels of a belligerent with

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whom Great Britain is at peace, any application at all where circumstances show that it is being taken advantage of in order to enable one belligerent to conduct hostile operations against another belligerent with whom Great Britain is equally at peace

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7. Does the supply of coal by private individuals to belligerent ships in British waters-if such supply be in excess of the limits prescribed by Rule 3-constitute an offence against the municipal law ("Foreign Enlistment Act, 1870," or otherwise) of this country? If not, is it desirable to strengthen that law in order to bring the case within its provisions?

8. Lord Lansdowne would also be glad to receive any other observations of a general nature which you think would assist His Majesty's Government in dealing with this most important question.

I have, &c.

F. A. CAMPBELL.

List of Papers to accompany reference to Law Officers of June 3, 1904.

(A.) British Proclamation of Nentrality, February 11, 1904.

(B.) Inclosure in Admiralty letter of May, 14, 1904.

(C.) Admiralty letter of May 14, 1901.

(D.) Letter to Admiralty of May 18, 1904.

(E.) Admiralty letter of May 30, 1904.

(F.) Proclamations of Neutrality issued by Foreign States during the present hostilities.

(G.) Despatch to Sir C. Hardinge, No. 41, Treaty, June 1, 1904.

(H.) Packet of printed papers respecting coal (correspondence during present hostilities). (I.) Despatch to Sir M. Durand, June 1, 1901.

(J.) Reports by the Law Officers of the Crown (seven, in print), July to August 1870,

and January 1885. (K.) Naval Prize Manual.

MY LORD,

LAW OFFICERS TO FOREIGN OFFICE.

Royal Courts of Justice, June 6, 1904. WE were honoured with your Lordship's commands, signified to us in Mr. F. A. Campbell's letter of the 3rd instant, with reference to the terms and conditions on' which, during the continuance of the present hostilities between Russia and Japan, coal should be supplied to Russian public vessels visiting British ports,

We have taken the matter into our consideration, and, in answer to the questions submitted to us in Mr. Campbell's letter, have the honour to

Report- That there is no obligation on the part of a neutral to receive into his ports vessels

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forbid their entrance, or impose of war of a belligerent not in actual distress. such conditions as he thinks fit. The same treatment must, of course (apart from any special rights in this respect conferred by treaty), be extended to the vessels of both belligerents.

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The reason for the practice of admitting vessels of war into neutral ports while the troops of belligerents are excluded from neutral territory arises out of the exigencies of life at sea and the hospitality which it is customary to extend to vessels of friendly Powers. This principle does not extend to enabling such vessels to utilize a neutral port directly for the purpose of hostile operations. Indirectly, of course, every supply of provisions or coal to a belligerent vessel may facilitate its taking part in the war, but when the supplies are required directly for the purposes of hostilities, other considera- tions apply. As was stated in the Law Officers' Report of the 22nd December, 1884,* with regard to the instructions to be issued in the case of the war between France and China, the object should be to prevent such supplies as would assist the naval operations."

The Rule on which Great Britain has hitherto proceeded as to the supply of coal to belligerent vessels is embodied in the third of the Rules and Regulations annexed to the Proclamation of Neutrality of the 11th February, 1904, which is set out in Mr. Campbell's letter to us. It is in substantial conformity with all similiar instructions issued since 1862, when the British Rule on this subject was first formulated.

No. 33 in Vol. IV.