Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1912

File No. 812.113/284.

The President to the Acting Secretary of State.

The White House,
Washington, April 1, 1912.

Dear Mr. Wilson: By direction of the President I send you the inclosed copy of a letter from the Attorney General which explains itself. The President concurs in the conclusions of the Attorney General and directs that the aeroplane referred to be not permitted exportation into Mexico.

Sincerely yours,

Charles D. Hilles,
Secretary to the President.

[Inclosure.]

The Attorney General to the President.

Office of the Attorney General,
Washington, D. C., April 1, 1912.

Dear Mr. President: The Secretary of War transmits to me the following telegram:

“Col. Steever reports ‘Mexican consul has requested holding up of French aeroplane about to be exported from El Paso to Mexico for purpose of dropping dynamite and other explosives upon Federals. Have requested collector of customs to prevent exportation. Ask early decision as to whether under circumstances cited aeroplane is not an engine of war and therefore under ban of President’s proclamation.’ Request instructions soon as possible.

Duncan, Commanding.”

In the practical definition of “arms and munitions of war” which was formulated in my opinion to you dated March 25, 1912, and in the letter of advice to the heads of the State, Treasury, and War Departments, no mention was made of aeroplanes, but the list of articles which without notice may be treated as absolutely contraband of war, adopted at the conference of London, includes a number of articles primarily used for military purposes in time of war. An aeroplane sought to be transported into Mexico for the express purpose of being used as an engine of war to carry dynamite in the air in order that it may be dropped upon soldiers of the established Government for their destruction is as clearly within the intendment of the first list of articles absolutely contraband of war, and as clearly a munition of war, as gun mountings, military wagons and their distinctive component parts, which are specifically included in the list adopted at the London conference. But if not, per se, included in the definition “munitions of war,” an aeroplane specifically acquired for the purposes specified (that is, to serve as an engine of destruction of human life), clearly becomes a munition of war and is within the purposes which gave rise to the Congressional joint resolution, and should be brought within the embargo created by your proclamation under that joint resolution.

I have, therefore, the honor to advise you that the Departments of State, Treasury, and War should be advised that the French aeroplane referred to in the telegram of the Secretary of War should not be permitted exportation into Mexico.

Respectfully,

Geo. W. Wickersham,
Attorney General.