Office of the Historian

File No. 763.72112/120

The Ambassador in France (Herrick) to the Secretary of State

American Embassy,
Paris, September 3, 1914.
[Received September 4, 8:30 a.m.]

[Telegram]

The French Government will observe the provisions of the. Declaration of London with following reservation:

Article 1. The declaration signed in London on February 26, 1909, concerning the legislation of naval war shall be applied during the war subject to the following additions and modifications:

(1)
The lists of absolute and conditional contraband notified by publication in the Journal officiel of August 11, 1914, are substituted for those contained in Articles 22 and 24 of the declaration. Notices published in the Journal officiel shall eventually make known any new additions or modifications to said lists.
(2)
Any neutral ship which may have succeeded in carrying contraband to the enemy by means of false papers may be seized under this accusation if met with before completing its return journey.
(3)
The purpose within the meaning of Article 33 of the declaration may be inferred from any sufficient proof, and (besides the assumption contained in Article 34) shall be considered as existing if the merchandise is consigned to or in the name of an agent of the enemy or to or in the name of any dealer or of any other person acting under the control of the authorities of the enemy.
(4)
The existence of a blockade shall be deemed known (a) for all ships starting from or touching at an enemy’s port within a sufficient delay after notification of blockade to the local authorities to have allowed the enemy’s government to make known the existence of the blockade (b) for all ships which may have left or touched at a French or ally’s port after publication of declaration of blockade.
(5)

Notwithstanding the provisions of Article 35 of the declaration the conditional contraband, if it is proved that its destination comes within the meaning of Article 33, is liable to capture, whatever may be the port of destination of the ship and the port where the cargo is to be unloaded.

Only change made in Journal officiel of August 11, 1914, is transfer of balloons, flying machines, etc., from conditional contraband list to absolute contraband list. Article 22 still, then, contains 12 subdivisions, 12 referring to balloons and flying machines, and Article 24, 13 subdivisions, subdivision 8 being eliminated and becoming subdivision 12 of absolute contraband.

Herrick