724.3415/3784: Telegram
The Secretary of State to the Consul at Geneva ( Gilbert )
54. Your No. 129, June 2, 6 p.m. The full text of the President’s Proclamation has been sent to Berne for transmission to the Secretary General. The essential portion reads as follows: “…It shall be unlawful to sell …. any arms or munitions of war in any place in the United States to the countries now engaged in that armed conflict, or to any person, company or association acting in the interest of either country …”
The phrase “arms or munitions of war” is not defined. The definition would be a matter for determination by the courts in decisions in cases arising under the Proclamation. In this connection, the following opinion of Attorney General Wickersham of March 25, 1912, is of interest:
“In my opinion the phrase ‘arms and munitions of war’, as used in the said Joint Resolution and the President’s proclamation should be interpreted as referring to those articles which are primarily and ordinarily used for military purposes in time of war, such as weapons of every species used for the destruction of life, and projectiles, cartridges, ammunition of all sorts, and other supplies used or useful in connection therewith, including parts used for the repair or manufacture of such arms, and raw material employed in the manufacture of such ammunition; also dynamite, nitroglycerine or other explosive substances; also gun mountings, limber boxes, limbers, military wagons, field forges and their component parts, comprising equipment of a distinctly military character, articles of camp equipment and their distinctive parts, and implements manufactured exclusively [Page 257] for the manufacture of implements of war, or for the manufacture or repair of arms or war material.
Foodstuffs, ordinary clothing and ordinary articles of peaceful commerce are not included in the prohibition.”82
You will note that transit and export are not covered by the Proclamation. In view of the geographical position of the United States, the prohibition of transit would appear to be of no practical importance if embargoes are established by other producing countries. Export was not prohibited in order that there might be no violation of Article 6 of the Treaty of 1858 with Bolivia83 and Article 4 of the Treaty of 1859 with Paraguay.84 In practice the prohibition of sale appears to have put an end to exports to either country, except in a few cases in which title had passed before the issuance of the proclamation.