necessity, of our legation in that city, and told him I would send him a note to the same effect later in the day. I then asked him, in accordance with your instruction, if the British Government would authorize their consuls in Spanish territory to take charge of American consular archives if the occasion should arise. He thought there would be no objection to this course, but said he would let me know during the day. PASSAGE OF UNITED STATES REVENUE CUTTERS FROM THE GREAT LAKES TO THE ATLANTIC. No. 965.] Mr. Sherman to Sir Julian Pauncefote. DEPARTMENT OF STATE, Washington, April 5, 1898. EXCELLENCY: I have the honor to state that the Treasury Department contemplates sending four revenue cutters from the Great Lakes to the Atlantic coast. Two of the vessels are to be armed revenue cutters. The other two are vessels under construction, and the builders will not deliver them to the United States until they reach the sea. I have therefore the honor respectfully to request that you will kindly obtain from the Canadian government by telegraph permission for these vessels to go through the canals that are under the control of the Dominion of Canada. I have, etc., JOHN SHERMAN. Sir Julian Pauncefote to Mr. Sherman. BRITISH EMBASSY. Washington, April 7, 1898. SIR: I have the honor to inform you that I at once communicated to the Governor-General of Canada the request, contained in your note No. 965 of the 5th instant, for permission for the passage of four revenue cutters from the Great Lakes to the Atlantic through the canals under the control of the Dominion of Canada. I am now in receipt of a telegram from His Excellency informing me that the desired permission is granted and that instructions will be issued accordingly to the canal and customs officials. With the highest consideration, etc., No. 972.] JULIAN PAUNCEFOTE. Mr. Sherman to Sir Julian Pauncefote. DEPARTMENT OF STATE, Washington, April 9, 1898. EXCELLENCY: Referring to the request contained in the Department's communication of the 5th instant, I have the honor to acknowledge the receipt of your note of the 7th instant, stating that the government of the Dominion of Canada has granted permission for the passage of four revenue cutters from the Great Lakes to the Atlantic through the canals under the control of the Canadian authorities, and that instructions to that effect will be issued to the canal and customs officers. I beg you to do me the favor to convey to His Excellency the Governor-General of Canada the cordial thanks of the Government of the United States for his prompt, friendly, and courteous action in regard to the matter. I have, etc., JOHN SHERMAN. Sir Julian Pauncefote to the Secretary of State. PRO MEMORIA.] BRITISH EMBASSY, Washington, April 27, 1898. In a note dated the 5th instant the United States Government requested the undersigned to obtain permission by telegraph from the Canadian government for four vessels to proceed from the Great Lakes to the Atlantic coast through the canals that are under the control of the Dominion of Canada. The permission was immediately granted, and the vessels, two of which are armed revenue cutters, are now in Lake Ontario, awaiting the opening of navigation. Since then war has been declared between the United States and Spain, and the usual proclamation of neutrality has been issued by the Queen. After careful consideration, Her Majesty's Government are of opinion that permission given before the outbreak of war for the four United States vessels to pass through the canals should not now be withdrawn, provided that the United States Government are willing to give an assurance that the vessels in question will proceed straight to a United States port without engaging in any hostile operation. Her Majesty's Government are further of the opinion that the vessels should not be furnished with more coal and stores than are necessary to take them to New York or some other United States port within easy reach. In communicating the above to the United States Government, the undersigned has the honor to express the hope that the assurance desired by Her Majesty's Government will at once be given, in order that the facilities granted before the outbreak of war in respect of the four vessels above mentioned may still be extended without any breach of neutrality. JULIAN PAUNCEFOTE. No. 991.] Mr. Adee to Sir Julian Pauncefote. DEPARTMENT OF STATE, Washington, April 27, 1898. EXCELLENCY: Referring to your pro memoria of to-day, with reference to the passage of four revenue cutters, two of which are armed, from the Great Lakes to the Atlantic coast, through channels that are under the control of the Dominion of Canada, I have the honor to inform you that instructions will be sent to the commanders of the vessels in question to proceed directly to a United States port without engaging in any hostile operation, and without taking more coal and stores than are necessary to enable them to make New York or some other United States port within easy reach. It is, of course, understood that the prohibition of engaging in any hostile operation would not preclude resistance to a hostile attack. I have, etc., ALVEY A. ADEE, No. 999.] Mr. Moore to Sir Julian Pauncefote. DEPARTMENT OF STATE, Washington, May 4, 1898. EXCELLENCY: Referring to your pro memoria of April 27 last. stating that the permission previously obtained for the passage of four revenue cutters through Canadian canals would not be withdrawn, provided this Government shall instruct the vessels to proceed direct to a United States port without engaging in any hostile operations, and shall take on only such coal and stores as will enable them to reach such port, I have the honor to inform you that the Department has received a letter from the Secretary of the Treasury stating that orders have been issued to the commanding officers of the revenue cutters Gresham and Calumet, which vessels are en route to the Atlantic coast, to carry out your requirements. The Secretary of the Treasury adds that when the other two vessels shall receive orders to proceed to the Atlantic coast like instructions will be issued to their commanding officers. I have, etc., J. B. MOORE, "PRIVATEERING;" “NEUTRAL SHIPS AND CARGOES;" AND TREATY (1795) WITH SPAIN. Mr. Hay to Mr. Sherman. No. 358.] AMERICAN EMBASSY, London, April 18, 1898. SIR: There is a good deal of discussion here, both in public and in private, in relation to the effect upon the rights and interests of neutrals at sea of hostilities between the United States and Spain. I sent you on the 16th of April, in my dispatch No. 356, a letter addressed to the Times by Sir George Baden-Powell, a prominent representative of the shipping interests of England in the House of Commons, in which he proposed, in the event of either belligerent employing privateers, to treat such vessels as pirates. This proposition has been met, as was natural to expect, by earnest protests on every hand. I inclose herewith two letters taken from the Times of this morning, one written by Prof. T. E. Holland and the other by Sir Sherston Baker, both gentlemen of much authority on international law. In the first of these letters the proposal of Sir George Baden-Powell is characterized as "an inadmissible atrocity," and in the second as “an uncivilized act, subversive of one of the clearest and best defined rules of international law." I also inclose a leading article from the Times referring to these letters and intimating that the action of the belligerents may be influenced by a timely assertion by the neutral powers of the rights enjoyed by them since 1856. I may add that I received yesterday a visit from a member of Parliament, who is greatly interested in matters of maritime law, who most earnestly expressed the hope that the United States would not, in the present juncture, adhere to the treaty of Paris and thus tie their hands permanently from the employment of privateers, a step which he thought was a great mistake on the part of Great Britain in 1856. We might of course, for sufficient reasons, waive our right to fit out privateers, and our equally undoubted rights of visitation and search without entering into any engagement which should make such waiver binding against us in the future. I have, etc., Mr. Sherman to Mr. Hay. [Telegram.] JOHN HAY. DEPARTMENT OF STATE, Washington, April 23, 1898. In the event of hostilities between United States and Spain, the policy of this Government will be not to resort to privateering, but to adhere to the following recognized rules of international law: First, the neutral flag covers enemy's goods, with the exception of contraband of war; second, neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag; and, third, blockades in order to be binding must be effective." Mr. Moore to Mr. Hay. SHERMAN. No. 592.] DEPARTMENT OF STATE, SIR: I append on the overleaf copy of the Department's telegram of the 26th instant, and of your reply of the 27th, regarding the Spanish proclamation defining rules of neutral ships and cargoes. Respectfully, yours, Mr. Adee to Mr. Hay. [Telegram.] DEPARTMENT OF STATE, Washington, April 26, 1898. Ascertain if British foreign office has official cognizance of Spanish proclamation defining rules of neutral ships and cargoes, and if so whether it corresponds with the newspaper versions. Mr. Moore to Mr Hay. [Telegram.] DEPARTMENT OF STATE, Washington, April 30, 1898. Spanish proclamation of April 24 as published here declares annulled all treaty stipulations between the United States and Spain. Some of those stipulations expressly apply to a state of war. We shall be glad to learn from British representative, Madrid, what is intended. No. 612.] MOORE, Acting. Mr. Day to Mr. Hay. DEPARTMENT OF STATE, SIR: I append on the overleaf translation of your cipher telegram of the 7th, and of my reply of the Sth instant, regarding the treaty of 1795 between the United States and Spain. Spanish Government have informed British ambassador, Madrid, that the whole of the treaty of seventeen ninety-five is abrogated, but if the Government of the United States will propose through British embassy an agreement embodying conditions of article 13, Spanish Government will accept; agreement must be limited to merchants. HAY. [Inclosure No. 2.] Mr. Day to Mr. Hay. [Telegram.] DEPARTMENT OF STATE, Department does not consider treaty provisions expressly applicable to war between contracting parties as abrogated by war, and therefore can not propose or make new agreement embodying the conditions of article 13, treaty 1795. So inform British ambassador, Madrid. DAY. |