CO129-219 Foreign Office 1884 — Page 318

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Government of the blockade of the ports of Formosa by the French naval forces in China.

Your Excellency informs me that in establishing that blockade the Government of the Republic has no intention of asserting belligerent rights as against neutrals such as the right of visit and capture on the high seas, but only to maintain an effective blockade to be enforced either by driving away or by capturing vessels which should attempt to violate it. Your Excellency adds that such blockades may be established without war; that they have been resorted to both by Great Britain and France in similar circumstances, and that their validity recognized by the Tribunals of both countries.

I regret to have to inform you, M. l'Ambassadeur, that Her Majesty's Govern- ment are unable to concur in the views expressed in your Excellency's letter on this subject.

They do not think that it is expedient or necessary to discuss the circumstances and conditions under which what is termed a pacific blockade might be established consistently with the principles of the law of nations. But they cannot admit that the blockade of the ports of Formosa, which has been notified to neutral Powers, can be considered in the light of a pacific blockade. Actual hostilities have already taken place between France and China on a large scale, and of a character which is quite inconsistent with a state of peace.

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Moreover, the contention of the French Government that a pacific blockade confers on the blockading Power the right to capture and condemn the ships of third nations for breach of such a blockade, is opposed to the opinions of the most eminent statesmen and jurists of France, and to the decisions of its Tribunals, and it is in conflict with well-established principles of international law.

Her Majesty's Government consider that the hostilities which have taken place, followed by a formal notice of blockade, constitute a state of war between France and China, and they are prepared to recognize the blockade of the ports of Formosa as a belligerent blockade, carrying with it the usual belligerent rights as against neutrals.

Nevertheless, for the reasons explained in my note to your Excellency of the 31st ultimo, and considering the present circumstances and the limits imposed by the French Government on their operations in China, Her Majesty's Governinent will not aggravate the situation by issuing a formal Proclamation of Neutrality, and enforcing all the strict rights of neutrals, so long as the hostilities are confined to particular localities, and both France and China refrain from exercising against neutrals the belligerent right of visit and capture on the high seas.

Her Majesty's Government desire to impress on the French Government in the clearest manner that they cannot admit the right of visit or capture of British ships unless it be founded on the law of nations applicable to a state of war.

I have, &c. (Signed) GRANVILLE.

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