The Acting Secretary of State to the Ambassador in Great Britain (Page)
Washington, October 16, 1914, 1 p.m.
[Telegram]
323. This telegram will be followed by another in reply to your telegram No. 806, October 9,1 stating the objections of this Government to the proposed order in council, which the Department’s unnumbered instruction of September 262 will make clear.
The desire of this Government is to obtain from the British Government the issuance of an order in council adopting the declaration without any amendment whatsoever and to obtain from France and Russia like decrees, which they will undoubtedly issue if Great Britain sets the example. Such an adoption by the allied Governments will put in force the acceptance of the Declaration of London by Germany and Austria which will thus become for all the belligerent powers the code of naval warfare during the present conflict. This is the aim of the United States.
It cannot be accomplished if the declaration is changed in any way as Germany and Austria would not give their consent to a change.
In the frequent informal and confidential conversations which have taken place here and in the admirable frankness with which Sir Edward Grey has stated the reasons for the action which Great Britain has deemed it necessary to take in regard to the declaration, this Government feels that it fully understands and appreciates the British position, and is not disposed to place obstacles in the way of the accomplishment of the purposes which the British representatives have so frankly stated.
[Page 250]The confidence thus reported in this Government makes it appreciate more than ever the staunch friendship of Great Britain for the United States, which it hopes always to deserve.
This Government would not feel warranted in offering any suggestion to the British Government as to a course which would meet the wishes of this Government and at the same time accomplish the ends which Great Britain seeks, but you might in the strictest confidence intimate to Sir Edward Grey the following plan, at the same time stating very explicitly that it is your personal suggestion and not one for which your Government is responsible.
Let the British Government issue an order in council accepting the Declaration of London without change or addition, and repealing all previous conflicting orders in council.
Let this order in council be followed by a proclamation adding articles to the lists of absolute and conditional contraband by virtue of the authority conferred by Articles 23 and 25 of the declaration.
Let the proclamation be followed by another order in council, of which the United States need not be previously advised, declaring that, when one of His Majesty’s Principal Secretaries of State is convinced that a port or the territory of a neutral country is being used as a base for the transit of supplies for an enemy government a proclamation shall issue declaring that such port or territory has acquired enemy character in so far as trade in contraband is concerned and that vessels trading therewith shall be thereafter subject to the rules of the declaration governing trade to enemy’s territory.
It is true that the latter order in council would be based on a new principle. The excuse would be that the Declaration of London failing to provide for such an exceptional condition as exists, a belligerent has a right to give a reasonable interpretation to the rules of the declaration so that they will not leave him helpless to prevent an enemy from obtaining supplies for his military forces although the belligerent may possess the power and would have the right to do so if the port or territory was occupied by the enemy.
When the last-mentioned order in council is issued, I am convinced that a full explanation of its nature and necessity would meet with liberal consideration by this Government and not be the subject of serious objection.
I repeat that any suggestion, which you may make to Sir Edward Grey, must be done in an entirely personal way and with the distinct understanding that this Government is in no way responsible for what you may say.