File No. 300.115/10362
The Acting Secretary of State to the Ambassador in Great Britain (Page)
3967. Your 5036, October 18, 12 noon.1 Department unable to understand why only shipment made on Trafalgar by Rudolph, Hach and Company released, since same firm has 1,796 hogsheads, and Suhling and Company 993 hogsheads shipped under similar conditions and now detained at Copenhagen under British control because of guarantees of non-exportation given by consignees on demand of British consular authorities and to which assurances reported in your 4661,2 August 5, 3 p. m. and 4755,2 August 22, 6 p. m., are clearly applicable. You will repeat unofficially that Department is constrained to express its surprise and disappointment that its various communications respecting the release without restrictions of all tobacco shipped under these assurances have apparently not received the consideration to which the nature of such assurances entitles them. The subsequent amendment to these assurances whereby the term “bought and paid for” as interpreted to mean purchased abroad was made to apply cannot be recognized as releasing the British Goverment from compliance with its first assurances which upon receipt were promptly communicated to tobacco shippers who then in good faith shipped their tobacco abroad. Department is now greatly embarrassed by bitter complaint which [Page 519] these shippers are making. Some firms interested have all available capital invested and are threatened with ruin. Situation in detail has been discussed with Sir Richard Crawford who has already cabled laying the justice of Department’s contentions before Foreign Office. Situation intensely irritating among tobacco merchants who claim that they relied upon the assurances mentioned, only to be met with present technical spirit in which matter is being treated. Department trusts that you have not failed to present its various communications on subject most earnestly to Foreign Office.