CO885-(16-18) — Page 13

5122

No. 196.

(NIGERIA.)

FOREIGN OFFICE to LAW OFFICERS.

[Enemy ships on Niger: Conventional rights and rights under international law.]

GENTLEMEN,

Foreign Office, August 4, 1915. I HAVE the honour, by direction of Secretary Sir E. Grey, to enclose for your consideration copy of a note (Paper A) from the United States Ambassador in London covering a copy of a letter from a Mr. Brünger, a German subject, and a note from the German Government complaining of certain acts of the Government of Nigeria, which constitute, it is alleged, an infringement of articles 30 and 33 of the Berlin Act of the 26th February, 1885, guaranteeing the free navigation of the Niger by ships of all nations and the protection of merchants of all nationalities in the Protectorate in time of war as in time of peace. The obligations imposed on His Majesty's Government towards the German Empire by these articles were confirmed by article 6 of the Anglo-German Convention of the 15th November, 1893, respecting boundaries in Africa. Copies of these two instruments are enclosed (Papers B and C).

The treatment actually accorded to German subjects and merchant ships in the Protectorate after the outbreak of war is described in a telegram of the 15th August, 1914, from the deputy of the Governor-General of Nigeria to the Secretary of State for the Colonies and in a despatch of the 14th May last from the Governor-General, copies of which are enclosed (Papers D and E). A copy of the instructions from the Secretary of State for the Colonies, to which the Governor-General states that he conformed in the case of the German steamship Diana," forms enclosure F

in this letter.

Copies of the correspondence which has passed between the Colonial Office and this Department on the subject are also enclosed.* It will be observed that Sir E. Grey feels some doubt, which the Secretary of State for the Colonies, however, does not share, as to whether the action of the local authorities can be entirely justified in view of the terms of the conventional provisions relating to the matter.

In these circumstances Sir E. Grey would be glad if you would take the enclosed papers into your consideration and would favour him with your opinion whether the action taken by the authorities in the Protectorate as described in enclosures D and E involve any breach of international law as contained in the Berlin Act or otherwise, and as to the terms of the reply which should, in your opinion. be addressed to the United States Ambassador.

He would also be glad to be favoured with any observations on the subject of a general nature which you may be good enough to offer on the matter.

List of Papers.

I have, &c..

W. LANGLEY.

(A.) United States Embassy to Foreign Office, March 10, 1915.

(B.) General Act of the Conference of Berlin, February 26, 1885.

(C) Agreement between Great Britain and Germany respecting boundaries in

Africa, November 15, 1893.

(D.) Deputy of the Governor-General of Nigeria to the Colonial Office, Telegram,

August 15, 1934.

(E.) Governor-General of Nigeria to the Colonial Office, May 14, 1915.

(F.) Colonial Office Circular Telegram, August 7, 1914.

(*) Papers registered under Nos. 38087/14, 29026/15, 47843/15, and 69034/15.

(7948-2.) Wt, 20-1020. 2. 5-16. D & 8. G. 2.

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