File No. 763.72112Sa/116

The Solicitor for the Department of State ( Woolsey) to the Counselor for the Department of State ( Polk)

Dear Mr. Polk: I wish to call your attention to the yellow [telegram] from London, of October 16, and the proposed reply, in respect to routing vessels and examination of cargoes by the belligerents. I am not familiar with all of the developments in the situation, but I am familiar with the institution of the plan which is now being superseded. The present plan is set forth in paragraph 2 of the yellow, and was based upon our correspondence with Great Britain in respect to the diversion and examination of vessels in her ports while we were neutral. Under the old plan she continued to do this, and we took no part in it, on account of our position in the diplomatic correspondence. Under the new plan adopted with some modifications by the War Trade Board, the United States is integrated with the Allies in this matter. If it is adopted by the United States, our contentions while neutral, and the claims of American citizens admitted by us to be good at the time, are, it seems to me, cast aside. [Page 1011] I doubt whether the Government as a matter of policy, or law, ought to or can invalidate such claims as may be good, by action of this kind. This was the view entertained by Mr. Anderson, when he considered the subject. Another objectionable feature is that the new plan proposed to have an examination port in the Panama Canal Zone—a procedure which I understood the Department had opposed consistently, inasmuch as it is clearly an exercise of belligerent rights in the Zone.

The new plan in substance proposes to set up examination ports in the United States, Panama Canal, or its other possessions, to which vessels not calling at the United States in the ordinary course are to be compelled to touch, for purpose of search. At each of these examination ports, the search is to be carried on jointly by the United States and British officers. These authorities are to furnish to the “Allied Blockade Committee, the Enemy Exports Committee, and the Admiralty, the information these bodies require for blockade purposes.” The vessels are, in any case, not to be “cleared without concurrence from London.”

It seems to me this matter is important enough to call to your special attention.

L. H. W[oolsey]