File No. 763.72112/2404

The Ambassador in Great Britain (Page) to the Secretary of State

No. 3317

Sir: With reference to my despatch No. 1409 of May 17, 1915,1 enclosing lists of articles which the British Government would be prepared to accept as coming within the description contained in Article 29 (I) of the Declaration of London, and therefore exempt from treatment as contraband of war on the ground that they serve exclusively to aid the sick and wounded, I have the honor to enclose herewith a copy of a note, dated the 22d instant, from the Foreign Office, withdrawing those lists and setting forth the reasons which have led the British Government to take this step.

I have [etc.]

Walter Hines Page
[Enclosure]

The British Secretary of State for Foreign Affairs (Grey) to the American Ambassador (Page)

No. 48657/X

Your Excellency: On May 11 last, I had the honour to address to your excellency, as well as to the Spanish Ambassador, a note enclosing lists of articles which His Majesty’s Government would be prepared to accept as coming within the description contained in Article 29 (I) of the Declaration of London and therefore exempt from treatment as contraband of war on the ground that they serve exclusively to aid the sick and wounded. I had the honour, however, to make this statement conditional upon a general agreement amongst the belligerent powers.

Nine months have now passed, and up to the present, His Majesty’s Government have received no definite indication of the views of the German, Austrian, or Turkish Government on the subject of these lists. Meanwhile, the vague situation thus created has given rise to some confusion, especially in regard to the shipment of medical stores to Germany by the American Red Cross who, in pursuance of the work of relieving suffering which they have carried on with such signal energy and success since the beginning of the war, are anxious to make use of every opportunity left to them by the course of belligerent operations [Page 946] for sending the largest possible quantity of supplies to those nations who are most urgently in need of them.

On the other hand, the Allied Governments who have identified themselves with the policy of putting the greatest possible amount of pressure upon Germany by the restriction of her supplies, cannot admit that they are under any obligation to allow the passage into enemy territory of supplies which have been excluded in every case where a blockade of enemy territory has been established in the past. His Majesty’s Government are not, indeed, forgetful of the moral claim established in such matters by the development of international thought since the conclusion of the Geneva convention, but they do not feel that this claim, absolutely valid as governing the action of opposing armies in the field, can apply in any but a very limited degree to the general supply of articles necessary to the health of a nation in arms, even though such articles may have no other use than this.

His Majesty’s Government have therefore decided to clarify the situation by definitely withdrawing the lists enclosed in my note under reference which do not appear to have contributed in any way towards a general agreement on this very difficult question.

I have [etc.]

For the Secretary of State:
Maurice de Bunsen