Papers Relating to the Foreign Relations of the United States, 1914, Supplement, The World War

File No. 763.72112/111

The Ambassador in Great Britain (Page) to the Secretary of State

American Embassy,
London, undated.
[Received August 26, 1914, 9:15 p.m.]

[Telegram]

483. My 461 and yours of August 24.¹ Following text of Foreign Office note regarding Declaration of London, together with explanation and order in council, telegraphed as instructed.

Foreign Office,
[ London ], August 22, 1914.

On the 7th instant you were so good as to address to me a note inquiring, pursuant to instructions from the Secretary of State at Washington, whether His Majesty’s Government [were] willing to agree that the laws of naval warfare, as laid down by the Declaration of London, 1909, should be applicable to naval warfare during the present European conflict, provided that the governments with whom Great Britain is at war, or with whom her relations are not normal, also agree to such application.

Your excellency added that it was [the] belief of your Government that the acceptance of these laws by the belligerents would prevent the possibility of grave misunderstandings [as] to the relations between belligerents and neutrals.

I have the honor to inform your excellency that His Majesty’s Government, who attach great importance to the views expressed in your excellency’s note and are animated by a keen desire to consult so far as possible the interests of neutral countries, have given this matter [their] most careful consideration and [I] have pleasure in stating that they have decided to adopt generally the rules of the declaration in question, subject to certain modifications and additions which they judge indispensable to the efficient conduct of their naval operations. A detailed explanation of these additions and modifications is contained in the inclosed memorandum.

The necessary steps to carry the above decision into effect have now been taken by the issue of an order in council, of which I have the honor to inclose copies herein for your excellency’s information and for transmission to your Government.

I may add that His Majesty’s Government in deciding to adhere to the rules of the Declaration of London, subject only to the aforesaid modifications and additions, have not waited to learn the intentions of the enemy governments, but have been actuated by a desire to terminate at the earliest moment the condition of uncertainty which has been prejudicing the interests of neutral trade.

I have [etc.]

E. A. Crowe

[Memorandum]

1. The lists of contraband already published, by His Majesty are substituted for those contained in Articles 22 and 24 of the Declaration of Loudon. Lists similar to those published by His Majesty have [already] been issued [by] the French Government.

2. His Majesty’s Government do not feel able to accept in its entirety the rule laid down in Article 38 of the declaration. It has been the practice of the British Navy to treat as liable to capture a vessel which carried contraband of war with false papers if she was encountered [while] on the return voyage, and to this exception His Majesty’s Government feel it necessary to adhere.

3. The peculiar conditions in the present war due to the fact that neutral ports such as Rotterdam are the chief means of access to a large part of Germany and that exceptional measures have been taken in the enemy country for the control by the Government of the entire supply of foodstuffs have convinced His Majesty’s Government that modifications are required in the applications of Articles 34 and 35 of the declaration. These modifications are contained in paragraphs 3 and 5 of the accompanying order in council.

4. Article 15 of the declaration contains a provision as to presumptive knowledge of the blockade in certain cases if the vessel has sailed from a neutral port. No mention is made of British or allied enemy ports. These omissions are supplied by Article 4 of the order in council.

5. The order in council also provides for the acceptance of the very valuable commentary on the declaration which was embodied in the general report prepared by Monsieur Renault.

Following is text of order in council:

At the Court at Buckingham Palace, the 20th day of August, 1914. Present, The King’s Most Excellent Majesty in Council.

Whereas during the present hostilities the naval forces of His Majesty will cooperate with the French and Russian naval forces; and

Whereas it is desirable that the naval operations of the Allied forces so far as they affect neutral ships and commerce should be conducted on similar principles; and

Whereas the Governments of France and Russia have informed His Majesty’s Government that during then present hostilities it is their intention to act in accordance with the provisions of the convention known as the Declaration of London, signed on the 26th day of February, 1909, so far as may be practicable;

Now, therefore, His Majesty, by and with the advice of his Privy Council, is pleased to order, and it is hereby ordered, that during the present hostilities the convention known as the Declaration of London shall, subject to the following additions and modifications, be adopted and put in force by His Majesty’s Government as if the same had been ratified by His Majesty.

The additions and modifications are as follows:

(1) The lists of absolute and conditional contraband contained in the proclamation dated August 4, 1914, shall be substituted for the lists contained in Articles 22 and 24 of the said declaration.

(2) A neutral vessel which succeeded in carrying contraband to the enemy with false papers may be detained for having carried such contraband if she is encountered before she has completed her return [voyage].

(3) The destination referred to in Article 33 may be inferred from any sufficient evidence, and (in addition to [the] presumption laid down in Article 34) shall be presumed to exist if the goods are consigned to or for an agent of the enemy state or to or for a merchant or other person under the control of the authorities of the enemy state.

(4) The existence of a blockade shall be presumed to be known—

(a) To all ships which sailed from or touched at an enemy [port] a sufficient time after the notification of the blockade to the local authorities to have enabled the enemy government to make known the existence of, the blockade;

(b) To all ships which sailed from or touched at a British or Allied port after the publication of the declaration of blockade.

(5) Notwithstanding the provisions of Article 35 of the said declaration, conditional contraband, if shown to have the destination referred to in Article 33, is liable to capture, to whatever port the vessel is bound and at whatever port the cargo is to be discharged.

(6) The general report of the drafting committee on the said declaration presented to the naval conference and adopted by the conference at the eleventh plenary meeting on February 25, 1909, shall be considered by all prize courts as an authoritative statement of the meaning and intention of the said declaration, and such courts shall construe and interpret the provisions of the said declaration by the light of the commentary given therein.

And the Lords Commissioners of His Majesty’s Treasury, the Lords Commissioners of the Admiralty, and each of His Majesty’s Principal Secretaries of State, the President of the Probate, Divorce, and Admiralty Division of the High Court of Justice, all other judges of His Majesty’s Prize Courts, and all governors, officers, and authorities whom it may concern are to give the necessary directions herein as to them may respectively appertain.

Almeric Fitzroy
American Ambassador

1. Neither printed.