Mr. Choate to Mr. Hay.

No. 244.]

Sir: I have the honor to report that after sending to Lord Salisbury my note of January 29, based upon your cipher cable of the 27th, I had an interview with him, in which it appeared that he intended no departure from his rule as to contraband of January 10 and was ready to treat the flour referred to by the high commissioner as [Page 580] detained at East London exactly in the same way as the Mashona cargo was treated, viz, to be delivered to the rightful owners on proof of property, and that he did not intend (as I wrote you in my dispatch No. 241) to say that it was being held as the property of the Transvaal Government. And now, as the bag is just closing, without a chance to add more, I have received his promised written reply to my note1 (copy inclosed).

I have, etc.,

Joseph H. Choate.

I have just had time to read the note, and there is undoubtedly some confusion between the Mashona and Maria in the last paragraph but one.

[Inclosure.]

Lord Salisbury to Mr. Choate.

Your Excellency: I have had the honor to receive your note of the 29th ultimo respecting the merchandise removed from the British ship Beatrice at East London.

I think that there is a misunderstanding as to the details of this case which I can best remove by answering somewhat fully the second paragraph of your excellency’s note.

You observe in that paragraph that, according to my communication of the 26th ultimo, the Beatrice carried large quantities of goods, principally flour, destined for the South African Republic; that the cargo was so stowed that these goods could not be landed without discharging at the same time goods intended for Portuguese East Africa, and that goods destined for consumption in this last-mentioned territory were allowed to be removed. Your excellency thereupon suggests that the flour destined for the South African Republic is still detained.

A British vessel can not lawfully carry merchandise destined for the enemy’s territory, and when the Beatrice came within British jurisdiction she was required to land all such merchandise.

This part of the cargo was therefore put ashore, together with such other portions of the cargo as had to be removed in order to reach it.

So far as is known in this department none but British lines of steamers run from the ports of Cape Colony to Delagoa Bay, and this circumstance would account for the flour mentioned by your excellency being still at East London. Such portions of the cargo as were destined for Portuguese territory could be carried on, and, as it appears, were carried on, to that territory, and doubtless by steamers belonging to the several British lines serving the South African ports.

I trust that the explanations which I have offered on the second paragraph of your excellency’s note make it unnecessary for me to say more in regard to the subsequent paragraphs than that the flour did not, so far as is shown by the information in this department, come within the definition of contraband, and that it was not detained as contraband.

I have no doubt that the flour and any other merchandise not contraband of war from the Beatrice would be handed over to any person who showed that he was entitled to receive it.

I think that the flour to which your excellency refers in the final paragraph of your note as having been detained because it was enemy’s property must be that marked “Z. A. R.” which formed part of the cargo of the Mashona.

I trust that I have now made clear to your excellency how the case of the cargo of the Beatrice stands; but if there are still any points which appear obscure I shall be pleased to do my best to throw light upon them, as it is the wish of Her Majesty’s Government to put the Government of the United States in possession of the fullest possible information respecting these several shipping cases, and, as far as possible, to meet their wishes in regard to them.

I have, etc.,

Salisbury.
  1. Inclosure: Lord Salisbury to Mr. Choate, February, 1900 (received February 2, 1900).