42
seems highly desirable that the proper way of treating such vessels as the “ Aberlour " and "Tapton," whose masters have owned to have supplied cargoes of coal to the Russian fleet, should be made as clear as possible to Colonial Governments, I am to suggest that this Department might be furnished with a more precise Memorandum on the question, which might be communicated to the same Governors as those to whom letter of the 25th November* last was sent.
I am, &c.
your
FRED. GRAHAM.
43
3. I am also to observe that no reply has yet been received to the letters from this Office of the 24th of December and the 24th instant relating to the coaling of the French steamer "Esperance."
3393.
No. 78.
NATAL.
I am, &c.
C. P. LUCAS.
PUBLIC RECORD OFFICE
Reference :-
CO. 885 /
6
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
1536.
No. 76.
MR. CAMPBELL (FOREIGN OFFICE) TO MR. BERTRAM COX.
(Private.) DEAR COX,
Foreign Office, January 31, 1905.
IN Colonial Office letter of 24th January,† about the treatment of the French steamer "Espérance" at Durban, it is proposed, if Lord Lansdowne concurs, to approve Sir H. E. McCallum's action in the matter.
In your letter of 24th December‡ you forwarded a telegram from the Governor reporting the action he had taken. On this we thought it unnecessary to raise any question. But there is all the difference between not disapproving and approving action in a case like this,
In our view the "Espérance" was either a merchant-vessel pure and simple or she was a merchant-vessel in attendance on the Russian fleet and proceeding to the theatre of war.
In the first case she could have had all the coal and provisions she asked for ; in the second none at all.
The Governor compromised, and adopted a middle course (possibly a good many of us in practice would have done the same). This was not logical, and Foreign Office therefore hesitate to concur in proposed approval.
I was to explain this privately, and possibly, if you see no objection, you might explain it privately in your turn to Sir H. McCallum.
3259.
SIR,
No. 77.
Yours very truly,
F. A. CAMPBELL.
COLONIAL OFFICE TO FOREIGN OFFICE.
[Answered by No. 79.]
Downing Street, January 31, 1905. WITH reference to recent correspondence on the subject of the supply of coal and provisions at Durban to vessels suspected to be in attendance upon the Russian fleet, I am directed by Mr. Secretary Lyttelton to transmit to you, for the consideration of the Marquess of Lansdowne, paraphrase of a further telegram§ from the Governor of Natal respecting the proceedings of these vessels. I am to observe, with reference to your letter of 17th instant, that the fact that the steamers which Sir H. McCallum reported in his telegram of 16th instant had been given coal sufficient to take them to Batavia are still lying in Durban Roads affords ground for believing that they have been throughout in attendance on the Russian fleet, and the account now given by the master of the proceedings of the "Tapton" may possibly be held to bring that vessel within the Foreign Enlistment Act.
2. It would seem advisable that, if the instructions sent to the Governor of Natal by the telegram of the 26th instant,** of which a paraphrase was enclosed in the letter from this Office of yesterday's datett are to be modified in any way, a communication should be sent to him by telegraph at the earliest possible moment.
GOVERNOR SIR H. E. McCALLUM. TO MR. LYTTELTON. (Received 15 P.M., February 1, 1905.)
(Paraphrase.)
TELEGRAM.
[Copy to Foreign Office, February 1, 1905, L. F.]
I HAVE received from masters of the vessels mentioned in my telegram of the 22nd ultimo,t written assurances that they will proceed either to Falmouth or to some other port in the United Kingdom. Bunker coal is now being taken by them.
3518.
SIR,
No. 79.
FOREIGN OFFICE TO COLONIAL OFFICE.
(Received February 3, 1905.)
[Answered by No. 92.]
Foreign Office, February 2, 1905.
I AM directed by the Marquess of Lansdowne to acknowledge the receipt of your letters of the 30th and 31st ultimot enclosing paraphrases of further telegraphic correspondence with the Governor of Natal respecting the proceedings of certain vessels suspected to be in attendance upon the Russian fleet.
I am, in reply, to state, for Mr. Secretary Lyttelton's information, that, in his Lordship's opinion, the instructions already sent to Sir H. McCallum as regards the "Tapton" and "Aberlour" are adequate. As already explained in my létter of 17th January,§ coal should not be refused in such cases unless there is good ground for believing, from the previous proceedings of the vessel, that she is in attendance upon, and practically under the orders of, the belligerent fleet, and that the coal for which application is made is intended to enable her to continue such operations. the Governor to be satisfied that there is a clear case against the vessel in this respect, Supposing while it would be his duty to refuse all coal and supplies to enable her to rejoin the belligerent fleet, or to proceed to a port from which she might continue to act as a tender to that fleet, it does not follow that coal should be refused to enable her to return to the United Kingdom or to her port of origin. In the case in point the fact of the master of the "Tapton" having written articles in the local
papers describing how he coaled the Russian squadron does not per se throw light upon the future destination of the vessels--which may, as stated, be Falmouth-although it does afford additional evidence on which proceedings under the "Foreign Enlistment Act, 1870," may eventually be taken against them on their arrival in this country.
With regard to the case of the "Esperance," a semi-official communication has already been addressed to your Department.
I am,
&c.
F. A. CAMPBELL.
43171: not printed; and No. 65. # No. 61.
† No. 64.
‡ Nos. 75 and 77
No 76.
• No. 28 A.
↑ No. 65.
§ No. 74.
I No. 61.
48171: not printed. It transmitted a copy of No. 47. ¶ No. 58.
** No. 70.
†† No. 75.
[1185]
G 2
1536.
44
No. 80.
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