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5386.

SIR,

54

No. 102.

NATAL

GOVERNOR SIR H. E. McCALLUM TO MR. LYTTELTON.

(Secret. No. 1.)

(Received February 18, 1905.)

[See No. 120.]

King's House, Durban, Natal, January 27, 1905. I HAVE the honour to inform you that on the 22nd January, my Private Secretary received a telegram from the Port Captain, copy enclosed, reporting that the British steamers "Aberlour" and "Tapton" had delivered cargoes of South Wales coal to the Russian fleet at Madagascar, and had now arrived at Durban and demanded bunker coal to enable them to proceed to Falmouth, England. He asked for instructions whether these vessels were to be supplied with the coal they required.

2. From examining the Proclamation issued by His Majesty the King on the 11th February, 1904, dealing with the statute of the 33rd and 34th year of the reign of Queen Victoria, entituled "An Act to Regulate the conduct of Her Majesty's Subjects during the existence of Hostilities between Foreign States with which Her Majesty is at Peace," it appeared to me that under sub-sections 3 and 4 of the 2nd Clause, under the heading of "Illegal Shipbuilding and Illegal Expeditions," that these British vessels bad infringed the spirit of the said Proclamation, and had therefore rendered themselves liable to the penalties mentioned therein. Coal has been declared by the Russian Government to be absolute contraband of war, and might therefore be regarded as equipment" in the same manner as ammunition. For a battle-ship can no more be propelled through the waters without coal than a shell can through the air without explosives. It also appeared to me that, in acting as colliers to the Russian fleet, these ships could be interpreted, under sub-section 4, as being temporarily in the naval service of that State. I therefore communicated the facts to you in my telegram of the 22nd January, and asked for the views of His Majesty's Government.

the

"

3. On the 23rd January, the Port Captain received a letter from the Captain of Tapton" protesting against the detention. I caused him to be informed that nothing could be done until I received your instructions. On the 25th January, I again telegraphed to you, stating that the Master of the "Tapton" had become uneasy as to the situation, and had applied to me for permission to leave the harbour and take in bunker coal at Delagoa Bay. I informed you that both steamers were on time charter, and that they had German supercargoes on board. On the 26th instant, I received your reply, stating that His Majesty's Government were of opinion that sufficient bunker coal could be supplied to take them to their destination if I was satisfied that such destination was England. I have therefore caused both captains to give me written assurances to this effect, and they are now taking in the coal required by them.

4. I take this opportunity of reporting to you that the steamers "Ras Dara," "William Storrs," and "St. Ninian," concerning which I asked for instructions on the 16th January,§ are still lying in the roadstead at Durban, with their bunkers full, waiting for orders-a sure indication, to my mind, that their ultimate destination is to depend upon the movements of the Russian Baltic fleet now off the coast of Madagascar.

I have, &c.

HENRY MCCALLUM.

55

delivered the same to Russian fleet; he is now on a voyage to Falmouth, England. British steamer "Tapton" also arrived this afternoon for 250 tons bunker coal. Master declares he shipped a cargo of coals at Port Talbot and delivered the same to Russian fleet; he is also bound for Falmouth, England. Please instruct me whether these vessels may be supplied with the coal they require.

5397.

No. 103.

HONG KONG.

GOVERNOR SIR M. NATHAN TO MR. LYTTELTON. (Received February 18, 1905.)

(Paraphrase.)

TELEGRAM.

arrived

[Copy to Foreign Office, February 23, 1905, L. F.] STEAMER" Woodford," referred to in your telegram of 26th December, here this morning. She clears to-day for Sasebo with coal. No evidence of her acting under orders of Russian fleet, and nothing suspicious in her proceedings here.

5628.

No. 104.

NATAL.

GOVERNOR SIR H. E. McCALLUM to MR. LYTTELTON. (Received 6:21 P.M., February 20, 1905.)

(Paraphrase.)

TELEGRAM.

THERE are still three colliers here awaiting orders. See last paragraph of my telegram of 30th January.†

3919.

SIR,

No. 105.

MR. LYTTELTON TO THE GOVERNORS.‡ (Circular. Confidential.)

IN continuation of my Circular despatch of the 23rd ultimo§ respecting the

Downing Street, February 20, 1905. application of the rules relative to the supply of coal and other stores to ships of a belligerent fleet, or to vessels accompanying them, I have the honour to transmit, for the information of your Government

extracts from a further letter from the Foreign

your information

"

Office respecting the treatment at Durban of certain vessels admitted to have been in attendance upon the Russian fleet.

I have, &c.

ALFRED LYTTELTON.

Enclosure in No. 102.

PORT CAPTAIN to PRIVATE SECRETARY TO GOVERNOR, Natal, Durban.

TELEGRAM.

(January 22, 1905.) ·

BRITISH steamer "Aberlour," from Tamatave, arrived this afternoon for 100 tons bunker coal. Master declares that he shipped a cargo of coals at Barry, and

‡ No. 70.

• No. 64.

† No. 67.

No. 58.

• No. 52.

† No. 74.

The Governors of Natal, Cape, St. Helena, Gold Coast, Lagos, Sierra Leone, Gambia, Southern Nigeria, Malta, Gibraltar, Cyprus, Mauritius, Seychelles, Ceylon, Straits Settlements, Hong sug, Weihaiwei, Commonwealth of Australia, New Zealand, Fiji, and Labuan.

§ No. 64 A.

|| First paragraph, and part of the 2nd paragraph (from “As already explained" to the end) of No. 79.