File No. 763.72111/4141
The Ambassador in Spain ( Willard ) to the Secretary of State
[Received October 16, 9.50 a. m.]
283. Referring to the Department’s telegram of October 10, 8 [1] p. m.1 Following memorandum received from Spanish Minister for Foreign Affairs:
The Spanish Government, which under date of November 23, 1914, issued a decree adopting provisionally and during the war the application of the thirteenth convention of The Hague, 1907, concerning the rights and duties of neutral powers in naval warfare, when at the time of the visit of the German war submarine U–35 to Cartagena it received a note from the British Ambassador stating the point of view of the London Cabinet which was opposed to the admittance of belligerent submarines in neutral ports or waters, replied under date of July 5, 1915, on the contrary opinion, in conformity with which the above-mentioned German submarine had been treated as any other war vessel. Later, on account of certain arguments expressed by some of the Allied forces, the attitude of Sweden ratified in its decree of the above-mentioned month of July, and later the memorandum received from England, France, and other Allied powers, induced His Majesty’s Government to again examine the matter in which it has not yet come to a decision and is still examining various solutions among which it has given attention to that contained in the following proposed Royal decree:
Article 1. No submarine of belligerent nationality can enter Spanish ports without due previous permission requested through diplomatic channels stating name and description of submarine, number of crew, and object of visit. Exception will be made if the war submarine is obliged to put into port on account of injury or bad weather. In such case commanding officer must permit visit of port authorities, as provided by following article, stating in writing name and description of submarine, number of crew, and object of visit.
Article 2. War submarine of belligerent nationality which enters Spanish ports included in cases referred to in previous article must refrain from communication with shore or any ship in port until visit and permission of port authorities, who before such permission must verify after inspection exactness of declaration referred to in previous article.
Article 3. Length of stay of submarines of belligerent nationality in Spanish ports will be determined by port authorities, not exceeding 24 hours. Upon entry into port on account of injury or bad weather port authorities will decide time of departure when reason for entering port no longer exists.
Article 4. All persons are forbidden leaving Spanish ports by submarine of belligerent nationality.
Article 5. Submarines of belligerent nationality may not receive in Spanish ports any material necessary to engines.
Article 6. Submarines of belligerent nationality must display national flag during stay in Spanish ports or territorial waters.
Article 7. Before leaving Spanish ports submarines of belligerent nationality must be inspected by port authorities to ascertain whether terms of this decree have been complied with as well as those of the Hague convention, October 18, 1907, which continue in force during the war in a subsidiary provisional character.
Article 8. War submarines which do not comply with this decree will be interned with their crews until the end of the war. When a submarine evades or escapes internment, all war submarines of that country are prohibited from entering Spanish ports during the war.
Article 9. The President of the Council and the Ministers of State, War, Marine, Treasury, and Interior are charged with carrying out this decree.
The Government of His Majesty would be greatly interested in learning the opinion which the Cabinet of Washington holds of the proposed Royal decree, and will be then disposed to enter with the said Cabinet on an exchange of views in order to arrive, if it is possible, at an understanding which will permit the two neutral powers to definitely adopt a similar or like point of view in such an important question.
Minister of Foreign Affairs states that no measures have been taken up to the present time concerning, merchant submarines. He has cabled Spanish Ambassador, Washington, that memorandum above cited has been handed me for transmission to the Department.