Neutral Rights and Obligations in the Anglo-Boer War

by Robert Granville Campbell

[Footnote 10: For. Rel., 1900, pp. 621-622, Hollis to Reitz, Jan. 31, 1900, and Reitz to Hollis, Feb. 2, 1900.]

With reference to the recall of the American consul and the appointment of Mr. Adelbert Hay, it appears that there had been a certain amount of friction between Mr. McCrum and the English censor at Durban concerning the consular mails. In connection with this incident, and a little unwisely it would seem, Mr. McCrum had reported unofficially that his mail had been tampered with by the censor and had been forwarded to him only after Colonel Stowe, the American consul-general at Cape Town, had secured its release. He asserted: "I had the humiliation, as the representative of the American Government, of sitting in my office in Pretoria and looking upon envelopes bearing the official seal of the American Government, opened and officially sealed with stickers, notifying me that the contents had been read by the censor at Durban." And he continues, "when I accepted my post as consul I knew nothing of any secret alliance between America and Great Britain."[11] These charges brought forth in the House of Representatives a resolution which called upon the President to furnish information as to whether the consul's mail had been opened and read by the British censor and, if so, what steps had been taken in the matter. Information was also asked as to what truth there was in the statement that a secret alliance existed between the "Republic of the United States and the Empire of Great Britain."[12]

[Footnote 11: H.R., Doc. 458, 56 Cong., 1 Sess.]

[Footnote 12: H. Res. 149, 56 Cong., 1 Sess.; also H. Res. 160.]

In response the President reported through the Secretary of State that the Department had been in regular communication by mail and telegraph with Charles E. McCrum, late consul at Pretoria, since his entrance upon the duties of the office. Communications made to him had been answered by him. His despatches forwarded through the consulate at Lorenzo Marques had been regularly received during his incumbency in office. It was pointed out that the only instance of complaint had been in November, when a temporary stoppage of the mails had occurred at Cape Town, against which both Mr. McCrum and the consul at Lorenzo Marques had protested. But arrangements had been then made for the prompt delivery of all the consular mails to the United States consulate at Cape Town by which they were forwarded to the consul at Lorenzo Marques and thence to Pretoria. The delay had continued only a few days and the difficulty had not occurred again. It was pointed out also that this arrangement had been made known to both Mr. McCrum and Mr. Hollis as early as November 16, and that no obstacle had since existed to prevent the unhampered correspondence from Pretoria to Washington. Moreover, the Secretary of State asserted that Mr. McCrum had not officially reported "any instance of violation, by opening or otherwise, of his official mail by the British censor at Durban, or any person or persons whatsoever, there or elsewhere;"[13] he had not so reported since he left Pretoria, although ample opportunity was afforded him to do so by mail or in person when he reported to the Department on his return.

[Footnote 13: H.R., Doc. 458, 56 Cong., 1 Sess.]

In regard to the second charge made by Mr. McCrum it seemed hardly necessary to say that there was no truth in the statement that a secret alliance existed between Great Britain and the United States; that no form of secret alliance was possible under the Constitution since all treaties required the advice and consent of the Senate. Mr. Hay concluded, however, by emphatically assuring the members of Congress that "no secret alliance, convention, arrangement, or understanding exists between the United States and any other nation."[14]

[Footnote 14: H.R., Doc. 458, 56 Cong., 1 Sess.]

Mr. McCrum later appeared before the Committee on Foreign Affairs in the House of Representatives and stated his side of the case. He declared that while at Pretoria he had understood that the British Government was in possession of the United States cable ciphers but he was unable to affirm this from personal knowledge. He based his belief, he said, upon the fact that when on November 6 he had cabled by way of Durban to the Department asking for leave of absence the incident had been reported to have been published in a Durban paper on the following day, although he had cabled in cipher. He was not able to say, however, whether the fact of his desiring leave was actually published on November 7, as he had not seen the paper, but had heard that the fact had been published. He asserted that the first actual evidence of the opening of his mail was in the case of two opened letters reaching him, but he admitted that he had not reported the matter to the Department. When Mr. Hay mentioned the matter to Sir Julian Pauncefote, the British Ambassador in Washington, the English Government replied that it had no knowledge of the incident, and gave the assurance that if it had occurred it had been contrary to instructions. Colonel Stowe later informed Mr. Hay that two letters from the consulate at Cape Town, one for Pretoria, the other for Lorenzo Marques, had been opened by the censor at Durban, but that Sir Alfred Milner, the British High Commissioner, had afterward offered a very satisfactory apology.

In view of these facts the committee of the House, before which Mr. McCrum appeared, made no report, and when Mr. Adelbert Hay reported that he had failed to find on the files of the consulate any evidence of the official mail having been tampered with, the incident was considered closed. Mr. Hay declared that as far as he could ascertain, no interference had occurred in the communication, either telegraphic or postal, between the State Department and the consulate.[15]