CO885-(2-3) — Page 565

PUBLIC RECORD OFFICE

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Reference

C.O.885

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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IV.

As the objections to the policy of the Colonial Office did not originate with the Foreign Office, no pains have been taken to demonstrate that the Foreign Office has been a party to this policy; but the fact has sufficiently appeared, and in two instances, namely, in the case of long-Kong in 1863 and Lagos in 1871, the Foreign Office directly intervened to procure action on the part of the Colonial Governments concerned.

It should be borne in mind that a British Colony is often no more than a town, a peninsula or an islet, which geographically, socially and commercially, forms a portion of a large surrounding alien territory. On the one hand, the interests of the British possession are bound up with the peace and prosperity of that territory. On the other, its position, embedded therein, or closely adjacent thereto, is such that individual Colonists could, if left unchecked, inflict on their neighbours, under cover of a traffic in arms, an amount of annoyance and injury which would probably appear outrageous to ourselves, as it would certainly be inimical to the true interests of British trade and the Colonists at large. Where we have possessed ourselves of the seaport of a country, it cannot be for our interest to devastate the country whence is drawn the produce which fills the shipping of our port. In such a case the trade in arms is antagonistic and ruinous to all other trade, and might properly be checked in the general interest. The first objects should be the peace and prosperity of the British Possession in question. It is paying an extravagant deference to theory if legitimate trade is ruined, in order that the trade in arms may be free.

It may be observed that it was not the general practice for this Department to direct the Colonial Governments to use their power to prevent the supply of the munitions of war to civilized combatants. The action of the Maltese Government in hindering the supply of powder to Sicilian insurgents appears to have been taken on its own responsibility, and not in concert with the Imperial Government. There was an obvious departure from the general practice in the case of the Canadian Proclamation of 22nd November, 1864, which though not authorized, was acquiesced in by Her Majesty's Governntent. But it was issued at the close of the war. The object appears to have been to prevent a breach of neutrality, that is, the fitting out of an armament, as distinguished from the mere trafficking in arms. The Vermont raid had recently taken place.

There are several cases on the border between what is clearly indefensible and what has been hitherto deemed proper. 1. There is the Straits' Proclamation in regard to Acheen. 2. The British Honduras, Jamaica, and Trinidad Proclama- tions, occasioned by the civil hostilities in the neighbouring Spanish communities. 3. There is the further case where a servile race rises against a European race. Probably in the latter case the policy of abstention would not be approved by public opinion. In regard to a case of this kind which occurred five years ago in the Island of Martinique, and which was the occasion of Lord Kimberley's Circular despatch of the 1st of December, 1870, Sir flenry Taylor wrote, the following Minute:-

"It is to be hoped the affair is over and that no instructions are needed. But in case of a Negro Insurrection in a foreign Colony, I should doubt the expediency of adhering to the principle of leaving the export of arms free. There is a local Law in Jamaica, which goes beyond the Foreign Enlistment Act in some particulars, und unless some inconvenience were to be anticipated by the Foreign Office in their controversies at home. I should see no objection to a Local Ordinance in St. Lucia prohibiting the export of arms and ammunition to Martinique or elsewhere.

"Negro Insurrections are catching, and the interests and safety of our own Colonies are to be regarded.

"H. T.

" November 2, 1879,"

We are bound by Treaty to maintain the prohibition at Mauritius, as against exportations to Madagascar. Such a case as that of Acheen is peculiar, and perhaps may not recur. Assuming that Her Majesty's Government will retain a discretionary power to check the trade when savages are at war among themselves, the main question for decision would appear to be whether the Colonial Office has acted rightly in treating the internal disturbances in the Spanish communities of America on the footing of wars amongst savages. The geographical position and

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social circumstances of Trinidad affords special reasons for action on the part of the Trinidad Government when there is insurrection in Venezuela; but the reasons for action on the part of Jamaica and British Honduras when their nearest neighbours are disturbed do not sc overwhelmingly strong. But when the Colonial Office, in 1869, offered to withdraw the Jamaica Proclamation (the same which called forth the Law Officers' letter of the 7th of January, 1874), the Foreign Office, by a letter of the 26th October, 1869, in effect declined to agree, because the act would be regarded by the Spanish Government as an unfriendly act.

Downing Street,

February 23, 1875.

PRINTED AT THE FOREIGN GFVICE AT 1. Harrison—17,3/75,

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