File No. 300.115/1070
The Secretary of State to the Ambassador in Great Britain (Page)
Washington, November 10, 1914.
[Telegram]
511. Your telegrams November 21 and 3.2 In connection with cases of detention of cargoes of copper on Kroonland and other vessels, bring following to attention of British Government and impress upon them the importance to American commerce of immediately releasing cargoes so detained. The Department desires to point out that copper was listed as conditional contraband up to October 29, nearly two weeks after some of the vessels detained had sailed, and that British Government contend that the real destination of the cargoes is German territory generally. This Government cannot admit that such cargoes of copper are legally subject to seizure and confiscation in the absence of evidence showing them to be destined for the armed forces or government of a belligerent country. Even if copper should be regarded as absolute contraband, the propriety of which is not admitted, Department is of the opinion that the evidence on board the vessels should make out a prima facie case showing that it is destined to German territory, and that the detention of vessels pending ascertainment of destination of cargoes from sources outside of ship’s papers is not justifiable under existing rules of international law. If the copper is held on the ground that it was shipped under bills of lading drawn to order of shippers, which is a usual practice of the trade, Department deems it necessary to state that it cannot acquiesce in the detention of the copper on this ground, as such practice would be in its opinion contrary to existing rules of international law. To hold that conditional contraband is subject to detention and prize proceedings when so consigned appears to destroy the distinction under international law between conditional and absolute contraband. The Government of the United States is obliged to repeat its request that the cargoes of copper now detained on these grounds be released immediately and allowed to proceed to their destinations, and to reserve the right to hold the Government of His Britannic Majesty responsible for any damages which may result to American citizens from the interference of British authorities with such cargoes and with American vessels carrying them.