In accordance with that conclusion I have drafted an instruction to
Ambassador Page, which is enclosed. It is an uncompromising presentation
and “shows its teeth”. Probably you will think it too strong, or rather
too strongly expressed. In view, however, of the note to Germany a note
to Great Britain ought not to be in more friendly or conciliatory
language, if it is to give an expression of impartiality to the German
Government which will affect in any way their reply.
I am in favor of sending some note similar to the one enclosed as the
British treatment of our vessels and cargoes to neutral countries is in
flagrant violation of law and contrary to Sir Edward Grey’s
assurances.
The opportune time to send a communication of this sort seems to me to be
the present, as it will evince our impartial purpose to protect American
rights on the high seas, whoever is the aggressor. We have just
complaints against both. We have already been too complacent with Great
Britain in the enforcement of the Order in Council. For two months they
have been violating the rights of neutrals.
[Enclosure]
Draft Note to the Ambassador in Great Britain
(Page) Regarding the
Order in Council of March 11, 1915
You are instructed to address a note to His Britannic Majesty’s
Principal Secretary of State for Foreign Affairs in the following
sense:
The Government of the United States in its note73 relative to the British Order in Council
of March 11, 1915,74 expressed
the expectation that the orders issued to His Majesty’s naval forces
charged with the duty of enforcing the Order in Council would be of
such a nature as not “to impose restrictions upon neutral trade more
burdensome than those which have been regarded as inevitable when
the ports of a belligerent are actually blockaded by the ships of
its enemy.”
Relying upon this expectation, which was amply warranted by the
assurances contained in Your Excellency’s note of March 15th75
transmitting the Order in Council, the Government of the United
States has observed with increasing surprise and disappointment the
method of enforcement of the Order in Council by the British
authorities. Realizing that the institution of a policy of
commercial non-intercourse with an enemy presented difficulties of
exceptional character in view of the conditions prevailing in the
present war the Government of the United States patiently awaited
the adaptation of the actual practice under the provisions of the
Order in Council to the continued exercise of rights of commerce
between neutral nations.
[Page 298]
Two months have now passed since the British authorities entered upon
the enforcement of the Order in Council. The time has been ample for
the British Government to put into practice the considerate policy
toward neutral trade, which was assured in Your Excellency’s note.
Yet, in spite of these assurances, neutral rights are disregarded
and the long-sanctioned rules of international law governing the
freedom of the seas to neutrals are repeatedly violated. There has
been no apparent abatement of the rigorous methods adopted at the
outset by the British naval authorities.
American and other neutral vessels plying between neutral ports and
laden with cargoes destined to neutral consignees have been stopped
on the high seas and taken into British ports. American vessels and
cargoes have been held without the cause of detention being made
known to the Government of the United States. In some instances the
cargoes have been preempted and, though compensation has been
promised, the owners have been brought to the verge of financial
ruin through failure of the British Government to recompense them
promptly for the goods thus preempted. Furthermore, no reparation
has been offered for irregular or undue detentions of vessels and
cargoes which were subsequently released.
The unprecedented procedure of arresting neutral vessels and neutral
cargoes on the high seas though in trade between neutral ports, of
unduly detaining them in British ports without disclosing the prima facie cause, of refusing to permit them
in many instances to proceed to their destination, and of
practically requisitioning cargoes consigned to neutrals, has caused
a situation, which the Government of the United States can no longer
view with patience or in silence.
Not only is grievous wrong being done to the American citizens
interested in the vessels and cargoes, which have been detained
without authority of the law or the usage of nations, but the menace
of the British practice is forcing American citizens to incur
unknown hazards in the special privileges which they are entitled to
enjoy, and is threatening to disorganize if not to destroy regular
traffic between the United States and the neutral countries of
Europe, to which they should have full liberty to resort in trade
and navigation.
The Government of His Britannic Majesty should realize that the
practices of the British naval authorities in their enforcement of
the Order in Council of March 11th has destroyed the expectation and
hope of the Government of the United States, which were based on the
assurances of Your Excellency in the note of March 15th; that the
conditions of trade between the United States and other neutral
nations as a consequence of these practices have become intolerable
and can no longer be endured without complaint; and that a
continuance of these practices so subversive of neutral rights and
so destructive
[Page 299]
of their
enjoyment will invite measures by the Government of the United
States, which will restore to American citizens the freedom of the
high seas and protect them in the exercise of their just rights.
The Government of the United States sincerely hopes that His
Majesty’s Government, realizing the gravity of the situation and
appreciating the duty which this Government owes to itself and to
its citizens, will so modify the present practices of its naval
authorities that it will not become necessary for the Government of
the United States to make further representations or to take any
step to protect American citizens in their commerce with neutral
nations.
The Government of the United States, while making this appeal to His
Majesty’s Government in all friendliness and with a full
appreciation of the apparent purposes of their policy, desires it to
be distinctly understood that the rights of American citizens on the
high seas must be respected and that this Government will not fail
to adopt measures necessary to insure that respect and to prevent
any impairment of those rights which have been universally
recognized by the principles of international law and the usages of
maritime nations.
