HC Deb 08 August 1904 vol 139 cc1371-3
MR. GIBSON BOWLES

I beg to ask the First Lord of the Treasury whether, as stated in the Russian Official Messenger of Tuesday, 2nd August, the British merchant steamer "Malacca," forcibly seized in the Red Sea by the Russian armed vessel "St. Petersburg" and by her forcibly taken to Algiers, there had bulk broken and part of her cargo examined, by agreement. between His Majesty's Government and the Russian Government; if so, can he state on what grounds His Majesty's Government made such an agreement; and why they agreed to any examination at all of the cargo unauthorised by any competent Prize Court.

THE PRIME MINISTER AND FIRST LORD OF THE TREASURY (Mr. A. J. BALFOUR,) Manchester, E.

My hon. friend has put down Questions in considerable detail with regard to the "Malacca." Perhaps he will now allow me to give the view the Government entertain upon this incident. If he wishes to press me further, I shall be very ready to do my best to satisfy him. The House must remember that the objection we took to the seizure of the "Malacca" was due entirely to the fact that we thought that ships issuing out of the Black Sea under the commercial flag were not competent to turn themselves into cruisers in the circumstances of the "Smolensk" and the "Petersburg." We remonstrated, therefore, very strongly with the Russian Government, and they on their part showed a desire to meet us. The important thing to remember is that it was entirely a new case. It was the first time since the Treaty of Paris and the Treaty of London, on which our objection was based, that any such incident had occurred. If the Russian Government was right in its contention, the captors of the "Malacca" would have had the right to take her to a Russian port and try her before a Prize Court. If we were right, there was no justification for having taken the ship at all. The object we had in view was to prevent this new incident from developing into one which would cause a great condition of strain between the two countries—a condition of strain that might easily, in my opinion, have developed further. The actual arrangement arrived at was, as regards the "Malacca," in the nature of a compromise. The Russian Government gave up the idea of taking her to a Russian port, and they gave up the idea of having an examination of her cargo, and they gave up the idea of trying her before a Prize Court. They agreed that she was to be taken to a neutral port, and after a purely formal examination should be then and there released. It was also arranged that these two ships belonging to the Volunteer Fleet were no longer to act as cruisers. The whole substance of our contention was, therefore, I think, granted, and I confess I have not the smallest feeling of regret that we did our best to meet the Russian Government, who on their side showed no impracticable spirit in the matter. If my hon. friend wants further details, I shall be ready to give them, but I think, in substance, I have answered all the Questions he put to me.

MR. GIBSON BOWLES

I am obliged to my right hon. friend for his Answer, which, I may be permitted to say, I regard with much satisfaction, except that there may be made against us the assertion that we have admitted the right of capture by admitting the right of examination.

MR. A. J. BALFOUR

Oh, no; that is not so.

MR. GIBSON BOWLES

Then I am perfectly satisfied. Will the right hon. Gentleman answer my next Question—whether the British Consul at Algiers officially certified that the military stores on board the British merchant steamer "Malacca" were the property of the British Government, and that the rest of her cargo was not contraband of war; if so, whence did he derive the knowledge which enabled him to make such a declaration; whether the Russian captors of the "Malacca" seized and had detained the ship's register manifest, and other papers; if so, what steps were being taken to procure their restitution; and could he now, consistently with the public interest, state what stage the negotiations or other proceedings with regard to this matter had now reached.

MR. A. J. BALFOUR

The British Consul at Algiers did officially certify that the military stores were the property of the British Government, but all he did about the rest of the cargo was to give a general assurance of its innocence, and that was founded upon a study here at the Foreign Office of the ship's manifest. No official information has been received as regards the fourth point my hon. friend asks me about. that relating to the ship's register, manifest, and other papers.

MR. GIBSON BOWLES

Do I understand that no information is possession of the Government with reference to the alleged seizure and detention of the ship's papers.

MR. A. J. BALFOUR

No, we have no information on that score, and I feel pretty confident that the P. and O. Company would have told us if any such event had occurred.