Mr. Adee to Mr. Choate.

No. 735.]

Sir: On November 1, 1900, you were instructed to present informally a petition for the release of William Smith, an American citizen held as a prisoner of war at St. Helena, and you replied in your No. [Page 476] 434, of the 24th of that month, that you had reliably ascertained that such a petition would not be entertained, and that similar requests in behalf of prisoners of war of other nationalities had been refused.

In your No. 473, of January 7 last, you reported that Edward C. Janse, who had been taken prisoner, had been released on parole. In that case, however, the correspondence does not show that Mr. Janse had been taken with arms in hand or that he had violated in any way his duties as a neutral.

In your Nos. 504, 592, and 610, of February 9, June 15, and July 3, respectively, you report in each case that the British Government is unable to release the American citizens, prisoners of war, named in the dispatches, because it would not be in accordance with the practice followed by His Majesty’s war office, under which prisoners are only released if “they are suffering from serious or dangerous illness.”

Upon this question I now inclose a copy of a dispatch from the consul at Colombo, from which it appears that three prisoners of war held at Ragama Camp, Ceylon, were recently released on parole and allowed to return to Germany. If it prove true that prisoners of war of other nationalities are being released, you may sound the Government of His Majesty as to the reopening of the cases of the American citizens whose release has heretofore been refused. It may be that the persons named in Mr. Morey’s dispatch were released on account of sickness, although the letter to him, inclosed with his dispatch, says that the men were well.

The consul will be instructed to forward to you directly any proof he may be able to obtain regarding the circumstances of the liberation of the German prisoners.

I am, etc.,

Alvey A. Adee,
Acting Secretary.
[Inclosure.]

Mr. Morey to the Department of State.

Sir: I inclose herewith a copy of a letter received from Messrs. Harry McGaw Wood, F. M. Hearn, John P. Doherty, and John Riley, prisoners of war, interned at the Boer prisoners’ camp Ragama, propounding three inquiries respecting the propriety of their continued detention in Ceylon as prisoners of war, and stating that three prisoners captured in South Africa under similar conditions as themselves have lately been liberated and allowed to return to Germany.

I am, etc.,

W. Morey, Consul.
[Subinclosure.]

Harry McGaw Wood et al. to Mr. Morey.

Sir: Whereas the British commander in chief in South Africa has made public proclamation and announcement of the annexation of the territories of the Orange Free State and South African Republic to the British Crown, and the same are daily referred to in the British official reports and in the British press as Crown colonies;

And whereas in the official parole, written and signed by the camp commandant in charge of Ragama camp, reference is made to “the late Government of the Orange River Colony;

[Page 477]

And whereas three prisoners of war, namely, C. Lavino, Wynburg, and R. Wilkie, who have taken an active part, under arms, in this war, and who, at the time of their release were in good health, have been allowed to return to Germany, either on parole or under no obligations;

We therefore beg that you will communicate with the home Government and advise us:

1.
Whether the foreign governments recognize the extinction of the Governments of the Orange Free State and the South African Republic; and
2.
Whether, if these governments have ceased to exist and their territories have been annexed to the British Crown, we can still be properly detained as prisoners of war; and
3.
Whether, considering that we are properly so detained, we should not be allowed the same privilege of parole as has been granted to the three prisoners of war mentioned above.

Similar addresses are being forwarded by this mail to the various consuls in Colombo. You will greatly oblige by notifying us of your receipt of this.

Very truly,

  • Harry McGaw Wood.
  • F. M. Hearn.
  • John P. Doherty.
  • John Riley.