File No. 841.731/1244
You will observe that he quotes again the confidential notification made
early in the war which states the British case in this matter. You will
observe also that he forbids us to make known to the persons who sent
these telegrams the reasons why they were held up—so many of them at
least as were held up by His Majesty’s Government.
In view of all these facts I confess that I do not see what we can hope
to accomplish by further communications on the subject.
[Subenclosure-Extract]
Memorandum
In August and September last the American Ambassador addressed to the
Secretary of State for Foreign Affairs a series of notes enclosing
copies of
[Page 729]
telegrams
despatched by or addressed to firms in the United States and
requested, by instructions from the State Department, that, in case
it should be found that the messages in question had been suppressed
by the British censors, Sir Edward
Grey would inform his excellency of the reasons why
the telegrams were not permitted to pass.
Sir Edward Grey had on
several previous occasions, at the request of the United States
Government and of other neutral governments, caused an enquiry to be
made with regard to a large number of telegrams, in spite of the
fact that His Majesty’s Government had, in the notification issued
through the International Bureau at Berne at the beginning of the
war, expressly safeguarded themselves, as was their right by treaty,
against giving information with regard to telegrams sent over
British-controlled cables. The notification was in the following
terms:
His Britannic Majesty’s Government find themselves under the
necessity of availing themselves of the power reserved under
Article 8 of the international telegraph convention and
Article 17 of the international radiotelegraph convention to
suspend the transmission of telegrams and radiotelegrams to
and from, or in transit through the United Kingdom, and to
and from, or in transit through all British possessions and
all British protectorates whatsoever, save and except such
telegrams and radiotelegrams as are in the service of His
Majesty’s Government or of the Government of any British
possession or protectorate.
With a view, however, to minimize inconvenience to the
public, His Britannic Majesty’s Government will, until
further notice, and as an act of grace, permit the
transmission of such telegrams and radiotelegrams in plain
language as foreign governments or the public choose to
send, provided that such telegrams and radiotelegrams are
written in English or French, and on the understanding that
they are accepted at the sender’s risk and subject to
censorship by the British authorities: that is, that they
may be stopped, delayed or otherwise dealt with in all
respects at the discretion of those authorities and without
notice to the sender; and that no claims in respect of them,
whether for the reimbursement of the sums paid for
transmission or otherwise, will be considered by His
Majesty’s Government in any circumstances whatever...
In the case of all enquiries previously made it was found either that
the telegrams in question had not come into the hands of the British
censors at all or that they had been passed by them or that, if they
had been stopped, the action of the censors was justified by the
information in their possession with regard to the senders or
addressees.
In these circumstances Sir Edward
Grey felt considerable reluctance in, imposing on the
censors the heavy task of instituting an enquiry in regard to the
telegrams referred to in Mr. Page’s eighteen
notes of August and September last, and he so informed Mr.
Page in an unofficial letter on October 2.
He understands, however, that the State Department are nevertheless
anxious that an enquiry should be made with regard to the present
cases and, being desirous of demonstrating, in this as in other
connections, the anxiety of His Majesty’s Government to study the
interests of bona-fide neutral traders, so
far as is consistent with the exercise of the belligerent rights of
Great Britain and of her allies, Sir
Edward Grey has requested the censorship authorities
to carry out a search with regard to the messages in question.
The enquiries made have so far as they have been completed had the
result stated below.
Sir Edward Grey would,
however, explain that he only communicates these facts for the
confidential information of the State Department, in order to
satisfy them that the action of the censors with regard to telegrams
passing over British-controlled cables is justified by the
information at their disposal; but he is bound to attach importance
to upholding the principle that His Majesty’s Government are not
called upon to give explanations to private individuals, whether of
British or foreign nationality, of the grounds for interference with
telegrams passing over British-controlled cables. He therefore begs
that the State Department will not communicate the details now
furnished to the firms and individuals concerned....
London
,
November 24, 1915.
