File No. 763.72111R24/30
The British Ambassador ( Spring Rice ) to the Secretary of State
Sir: I have the honour by direction of Mr. Secretary Balfour, His Majesty’s Principal Secretary of State for Foreign Affairs, to have recourse to your accustomed courtesy in order to bring the following facts to the knowledge of the competent authority of the United States Government.
On July 8, 1915, an indictment was found in the District Court of the United States for the Northern District of California against two British subjects alleging a violation of section 10 of the criminal code relative to enlisting for foreign service.
It will doubtless be within your recollection that the question at issue was the interpretation of the clause in the Neutrality Act as to “hiring and retaining” (section 2 of act of April 20, 1818). It appeared to be the view of the United States authorities that the clause while permitting the collection and despatch to Europe of subjects and citizens of governments which had compulsory military service forbade similar action on the part of British subjects in this country.
As soon as I was informed that the matter had been taken up judicially I applied for a ruling to your Department and was informed that the matter being sub judice the Department must await a regular legal decision. In order to obtain such a decision it was agreed that the facts in the case should be submitted to the court without reserve and by consent. I informed you in my note of July 28, 1915, that I had caused British subjects to be informed that all steps taken with a view to assisting British trained men to return to England must cease pending an authoritative decision. I also informed you that my Government, according to its invariable rule, proposed to take no further action till the judicial remedy is exhausted.2
[Page 536]I venture to bring these facts again to your courteous attention in order that it may not escape your notice that from the date above mentioned—July 28, 1915—till the present moment, this matter has remained undecided. It is unnecessary for me to point out that the fact that no decision has been taken, and no change made in the neutrality laws, has had the practical result of debarring British subjects from the right exercised by other nationals, of assisting other British subjects to return to England for service.
In the opinion of Mr. Secretary Balfour the time has now come when it is his duty to invite your attention to the fact that the delay in rendering the legal decision is such as to give a reasonable ground for diplomatic representation and I am accordingly instructed, with all respect, to submit the question, by this official channel, to the consideration of the United States Government.
I have [etc.]