File No. 701.6311/234
The Ambassador in France ( Sharp ) to the Secretary of State
[Received November 28 1.20 p. m.]
1712. Am just in receipt of a note from the Minister for Foreign Affairs in answer to the communication I sent him in conformity with your 1827, November 14, 4 p. m.,2 in which he replies as follows:
As your excellency knows, it is a fundamental principle of international law in times of war that a belligerent has a right to intervene in the voyage of a neutral ship when it violates neutrality by aiding the interest of the enemy’s national defense. When a diplomatic agent is sent by an enemy state [to a] neutral country and when in that neutral country the enemy state endeavors by every means, even felonious and criminal, to incite and to carry on there a hostile propaganda, to organize spying, to purchase supplies, it is manifest that the conveyance of such an agent would favor the interests of the national defense of the enemy more than the transportation of soldiers or contraband merchandise and would be of the greatest assistance to the enemy state. It is perfectly legitimate for an adversary to intervene and oppose such a voyage. Controversies which have heretofore arisen from the arrest at sea of certain persons have for the greater part been inspired either by political consideration of the moment or by conventional stipulations in treaties in force at the time.
Such controversies may not cause the above-mentioned incontrovertible principle to be lost sight of which is the direct deduction from the definition of neutrality itself, that is to say of impartiality. For the said reason and in accord with the British Government, the Government of the Republic, in expressing to the Government of the United States its regrets at being unable to accede to its request, does not think it opportune under the present circumstances to grant to the Austro-Hungarian Ambassador an exemption which is in no way justified by giving him a safe-conduct solicited in his favor by the Austro-Hungarian Government.
Will send copy of note by next pouch.