The Secretary of State to the Ambassador in Great Britain (Page)
1280. Your 1752, 9th. Department has to-day instructed all diplomatic and consular officers to discontinue forwarding private commercial messages until further instructions. In future the following form will be used by Department in reply to requests for official transmission of private cables relating to commercial transactions in belligerent countries:
The British Government are unwilling to extend to private commercial messages the same immunity from censorship accorded by them to the official communications of this Government over cable routes passing through British jurisdiction. As the message which you have requested the Department to forward is affected by this regulation, the Department regrets that it is at present unable to comply with your request to forward it officially, and suggests that you transmit it in the ordinary way.
At the same time you are advised that the general subject of facilitating the cable communication over British controlled lines is now under discussion with Great Britain, and it is hoped that some satisfactory adjustment can be reached.
You may say to the Foreign Office that this Government understands that the objection of British Government to transmission of the commercial cables you mention and others of similar character is not based upon suspicion that they are in private code carrying concealed meaning, but that they are supposed to come within the rule established for the guidance of the British censor which is set forth in paragraph 6 of the Foreign Office memorandum of February 1 as follows:
All cables are liable to be stopped which show clear evidence, either by the text of the telegram or by the known facts as to the sender or addressee, that they refer to a transaction, whether in contraband or non-contraband, to which a resident in an enemy country is one of the parties.
The difficulty is that in the application of this rule the censor has stopped many privately sent commercial cables which on the actual facts do not properly come under this rule. This Department has carefully and in good faith applied this rule to the private commercial cables which it has sent. The question in each case is one of fact, and a solution might be found by arranging for an investigation of the facts in doubtful cases. This could be done if the British Government would furnish you promptly with a copy of every cable stopped, and the reasons for stopping it. The objection that the object of censorship would be defeated if the sender was notified applies only to cables having a hidden meaning, and cannot be urged in case of actual commercial transactions even when supposed to be with the enemy.
As part of the arrangement the senders might be required to sign a declaration under oath, if desired, stating bona-fide character of transaction. It is understood that Great Britain recognizes the importance as a matter of policy and good relationship at least of not exercising the right of censorship in a way which would interfere with legitimate American commercial transactions with neutral countries.
Please ascertain from Foreign Office if they consent to publication of their confidential memorandum of February 11 on this subject.