Messrs. Norton & Son to Mr. Hay.
Sir: We would put before you that we are the agents in New York of the American and African Steamship Line, which line recently dispatched the Dutch steamer Maria, the British steamer Beatrice, and the British steamer Mashona for South and East African ports and Delagoa Bay, which steamers have been detained and cargoes destined for Delagoa Bay landed at South and East African ports by order of the British Government.
We are very much interested in the statements published in the newspapers yesterday to the effect that Lord Salisbury concedes to our ambassador in London that the seizure and detention of the flour by these vessels was illegal. The New York Sun of January 12 published an article which says that the State Department made the following official statement of a dispatch from Mr. Choate:
A telegram has been received from Ambassador Choate, reporting an interview had by him with the Marquis of Salisbury on the afternoon of the 10th in regard to American shipments of flour and provisions on the detained British steamers Beatrice and Mashona and the Dutch steamer Maria. The British position as to food stuffs and to hostile destination is that they can only be considered contraband of war if supplied for the enemy’s forces, it not being sufficient that they are capable of being so used, but it must be shown that this was their destination at the time of seizure.
This qualification virtually concedes the American contention that the goods were not subject to seizure, and practically disavows the seizure, it not being claimed that there is any evidence of hostile destination.
It is important for us to have an official confirmation of same from the State Department in Washington, and would kindly ask you to let us know—
- (1)
- Whether goods shipped by the British steamship Mashona, with cargo from New York to Delagoa Bay, Portuguese Africa, not intended as supplies for the Boer military forces or agents, or not consigned directly to the Boer military forces or agents, are contraband of war, and if not contraband, whether they would be seized as enemy’s property if addressed to foreign merchants in the Transvaal or the Orange Free State?
- (2)
- Whether on the same state of facts, goods under a neutral flag (such as the Dutch steamship Maria) would be considered as contraband?
Please note that the New York Sun, commenting on the flour seized off Delagoa Bay, considered that this flour, or breadstuffs, would be entitled to immunity from detention and confiscation if intended for the use of noncombatants in the Transvaal (we presume they mean the Orange Free State or the South African Republic), and could rightfully be taken by Great Britain only when there was evidence that it was to be used by the Boer armies.
An early reply solicited.
Yours, very respectfully,