File No. 300.115/63
The Secretary of State to the Ambassador in Great Britain ( Page )
Washington , August 28, 1914.
[Telegram]
Referring to Department’s August 23, 6 p.m., no reply has been received from you, though matter of urgent importance. If you have not presented matter to British Government as instructed, or if you have not received a favorable statement from British Foreign Office, you will present to Foreign Office note in the sense of the following:
Immense number of shipments by and to Americans and American concerns, on ships of the several countries now at war, were afloat prior to any declaration of war or outbreak of hostilities. Some of these originated in the territory of neutrals and were destined to American citizens and American ports; others originated in this country and were from citizens of the United States to the territories and citizens of other neutrals; some were shipments from citizens and ports of the United States to the territories of the countries now at war and others were from the territories of the present belligerents to citizens and ports of the United States. These shipments were made in time of peace, in due course of commerce, and had no relation to the war which has arisen since the vessels carrying this cargo sailed. Under principles of international law and justice and enlightened usage of nations, neutral cargo aboard such Vessels cannot be confiscated, and is under no circumstances rightfully subject to adjudication and condemnation as prize. Shipments by and to the nationals of a neutral, made before war, are not in the category of shipments made by neutrals in the vessels of a belligerent after war has been declared or hostilities have begun. As such shipments are not confiscable, they should be released without the formality of a claim by the neutral owner and without proof required in ordinary cases of prize, provided it is established that they were at sea at the outbreak of war.
In addition, communication between this country and the many ports at which a great number of captured vessels are held has been interrupted and prevented by the war, and it would hardly be possible in many cases for American owners to present claims or [Page 310] proof before the expiration of the usual monition, if such procedure is followed. The documents in many cases are marooned, and in some cases the American owner is unable at the present moment to ascertain the precise status of the documents, or whether drafts with bills of lading and documents have been honored. In fine, for the reasons above stated and for other reasons equally cogent, the United States cannot recognize as legal the condemnation or confiscation of cargo in the situation stated, even though the usual prize proceedings should be followed. The injustice to innocent interests would be manifest.
Much of this commerce was between this country and the United Kingdom, supposedly to the mutual advantage of both countries and their people. The Government of the United States, though informed that the British Government contemplates sending such cargo to prize courts for procedure, is slow to believe that the British Government has in mind to attempt to subject the enormous amount of American commerce involved to confiscation as prize of war. The Government of the United States earnestly hopes that the British Government will take such action as will facilitate the release to American owners of all cargo aboard vessels afloat at the outbreak of war, time and opportunity commensurate with existing conditions being given to them to establish their rights to their goods.