Mr. Hay to Mr. Choate.
Washington , October 16, 1900 .
Sir: The Department is advised by the United States consul at Colombo, Ceylon, that a number of prisoners captured by the British troops in South Africa have been deported to an encampment at Diyatalawa, in that island, among them 22 men claiming American citizenship. As the consul was denied access to these men, I am without confirmation of their alleged American status, but the report is so circumstantial that it is due to ascertain the facts, if possible, and I have therefore to instruct you to ask an early inquiry into the truth of the statement.
If it be confirmed, the Government of the United States could not view without concern the risk of life and health involved in sending any unacclimated American citizens, taken under the circumstances described, to so notoriously insalubrious a place as the island of Ceylon. The principles of public law which exclude all rigor or severity in the treatment of prisoners of war beyond what may be needful to their safety imply their nonsubjcction to avoidable danger from any cause. These admitted principles have found conventional expression in treaties, as in article 24 of the treaties of 1785 and 1799 between the United States and Prussia, and the enlightened practice therein specified to be followed with respect to the custody of prisoners of war is believed to represent the general view of modern nations, as it certainly does the sentiment of humanity and the law of nature on which it claims to rest.
If it prove that citizens of the United States, captured while temporarily serving in the armies of the South African Republic and the Orange Free State, have in fact been transported to distant and noxious places, you will represent the expectation of this Government that they be at once removed to some more healthful station, if indeed the situation at this time shall not permit their discharge, freely or on parole. The number of these Americans who have taken temporary service under another flag is represented to be small.
I am, etc.,