File No. 763.72112Sa/55b
The Secretary of State to the Ambassador in Great Britain ( Page )
885. Please refer to Sheldon’s 1227, Embassy’s 1090, August 14, 3 p.m., and previous cables on the subject of German safe conducts. The importance of this subject is such that the Department desires you, after having consulted with Sheldon, to take up the matter officially with the Foreign Office and to present the views of the Department herein set forth. Assuming that it is impossible to secure British adherence to United States proposal for a joint and simultaneous declaration on German safe conducts to the neutral nations concerned, Department agrees to the delivery by the four Associated Governments to the Swedish Government alone of a somewhat similar declaration, the contents of such declaration to be communicated to the ministers in the other neutral European countries for their information and to enable them informally to acquaint the government to which they are accredited with the attitude of the Associated Governments as expressed to the Swedish Government. Department is not, however, willing to accept the precise text of the proposed note to the Swedish Government set out in Sheldon’s 1227. Department’s objection to this proposed statement is that it is too [Page 1100] narrow in that it rests objection to safe conduct simply on supposed violation of our agreement with Swedish Government. If Associated Governments are officially to take cognizance of German safe conducts, Department feels it to be most important that this Government reserve their rights in a broad manner such as proposed in War Trade Board’s 926, Department’s 403, of July 25. Otherwise there is danger that Associated Governments will be put in the position of acquiescing in enemy control exercised through safe conducts, except where such control happens to involve the violation of an agreement with the neutral. Department points out that there are certain neutrals with whom we have no agreement which might be interfered with by safe-conduct conditions and where, nevertheless, this Government may desire to oppose German control through safe conduct. Also in the case of Sweden there are respects in which safe conduct is seriously objectionable and where it may not result in the contravention of the agreement or at least not of article 14 thereof. An instance of this is the case of Swedish vessels refusing to carry cargo from United States to Uruguay, which instance has already been reported to Sheldon. Accordingly, Department is not willing to accept the form of statement proposed in Sheldon’s 1227, unless there is added thereto a general sentence somewhat as follows:
The Associated Governments further observe that enemy control through such a device as a so-called safe conduct or otherwise may operate to deprive vessels accepting the same of their neutral character, and the Associated Governments accordingly reserve the right to deal with any vessel which has subjected itself to enemy control, as the circumstances in each case may warrant.
Please cable at once the views of the Foreign Office on this subject, and, if British are in accord with Department’s position, Department will issue appropriate instructions to ministers in accordance with foregoing.