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 [Printed and distributed May 27. 1915.] 
 
 DEPARTMENT OF STATE. 
 
 DIPLOMATIC CORRESPONDENCE WITH 
 
 BELLIGERENT GOVERNMENTS 
 
 RELATING TO NEUTRAL RIGHTS 
 
 AND COMMERCE. 
 
 WASMINOTON : GOVERNMENT PWIKTING OFFICE : IStS 
 
 e * » »^ * * • 
 
 63908
 
 
 LIST OF PAPERS. 
 PART I. 
 
 Declaration of London. 
 
 
 ■^ 
 
 No. 
 
 
 
 420 
 
 27 
 
 From anil to wliom. 
 
 Date. 
 
 1914. 
 
 The Secretary of State to Amljas-sador | Auj. 6 
 Page (telegram). 
 
 The Secretary of State to Ainbassador Auk. <i 
 
 Marye (telegram). 
 The Sciretary of State to Arabasfsador Aug. G 
 
 Sliarj) (telegraai). 
 The Secretary of State to .Vmliaswador Auk. <> 
 
 Gerard (telegram). 
 The Secretary of State to Amba.'fsador Aug. (^ 
 
 Penfiold (telegram). 
 The Secretary of State to Minister Aug. G 
 
 Wliitlock (telegram). 
 Ambas-siulor I'eufield to the Secrc- Aug. l:{ 
 
 tary of State (telegram). 
 
 Charge Wil.sou to the Secretarj- of Aug. 20 
 State (telegram). 
 
 Ambassador Gerard to the Secretary Aug. 22 
 of State (telegram). 
 
 Ambassador Page to the Secretary of Aug. 27 
 State. 
 
 Charg^ Wilson to the Secretarj' of Aug. 2' 
 State (telegram). 
 
 Ambassador Herrick to the Secretary Sept. 3 
 
 of State. 
 Tlie Acting Secretary of State to Oct. 2 
 
 Ambassador Page (telegram). 
 
 The Actuig Secretary of State to Oct. 24 
 Aml>a«.sador (lerard (telegram). 
 
 The Acting Secretary of State to Oct. 24 
 
 Ambassador Marye (telegram). 
 The Acting Secretary of State to Oct. 24 
 
 Amba.ssador Sharp (telegram). 
 The Acting Secretary of State to Oct. 24 
 
 Amba.*iador Penfield (telegram). 
 The Acting Secretary of State to Oct. 24 
 
 Minister Whitlock. 
 
 Subject. 
 
 Page. 
 
 A.scerlain if iiritish Government is willing to ob8er\-e 
 provisions of Declaration of London ■aa applied to 
 naval warfare. 
 
 Same, mutatis mutandis, asaliovo 
 
 Do. 
 
 Do. 
 
 Do 
 
 Says Austro-IIungarian Government agrees to observe 
 provisions of Declaration of London provided enemy 
 agrees. 
 
 Says Russian Government awaits decision of Briti.ih 
 Government regarding observation of provisions of 
 Declaration of London. 
 
 Saya German (iovernment will observe provisions of 
 Declaration of London if other belligeranta will do 
 .same. 
 
 Transmits note from foreign office definiiig attitude of 
 British Government as to Declaration of London, 
 and copies of memorandum and Order in ( 'ouncil. 
 
 Says Ru.ssian Goverimient accepts provisions of 
 Declaration of London as adopted by England an<l 
 I'Vance. 
 
 Says French Government agi'ees to observe provision.s 
 of Declaration of London with certain reservations. 
 
 Inform Brit isli Government that suggestion regarding 
 Declaration of London is withdrawn, and that 
 United States rcserve.s its rights under existing 
 rules of international law and the treaties of the 
 United States, irrespective of the provisions of the 
 Declaration of London. 
 
 Inform German Go\ernment that suggestion relative 
 to Declaration of London is withdrawn, as some 
 l)elligerents refuse to agree witho\it modification.-^. 
 
 Same, mutatis mutandis, as above 
 
 Do 
 
 Do 
 
 Do 
 
 PART II. 
 Papers Relating to Articles Listed as Contraband of War. 
 
 BRITISH ((i.\TK.\l'..\Nl>. 
 
 \o. 
 
 From and to wliom. 
 
 Date. 
 
 Subject. 
 
 Page. 
 
 
 Ambassador Page to the Secretary of 
 State (telesiram). 
 
 1914. 
 Aug. h 
 
 Transmit.-i ](roclamation of Briti.^h Government speci- 
 fviuK articles to l)e treated as <ontral>and of war. 
 
 11 
 
 
 Ambassador Page to the Secretary of 
 
 Sept. ;iO 
 
 Transmits proclamation of British Government speci- 
 
 12 
 
 
 State (telegram). 
 
 
 fying certain additional articles to be treated as 
 contraband. 
 
 
 049 
 
 .\mbaiisador Page to the Secretary of 
 
 State. 
 
 Nov. :? 
 
 Transmit.s ])roclamation of the British Government 
 contiiining a rexised list of ab.-solute and conditionul 
 contraliand. 
 
 12 
 
 
 Consul General Skinner to the Secre- 
 
 Nov. 17 
 
 Sa\-s Briti.-:h Government considers ''cottonseed 
 
 14 
 
 
 tary of State (telegram'). 
 
 
 cake" as conditional contraband. 
 
 
 
 ("onsul (leneral Skinner to the Secre- 
 
 Nov. 2.5 
 
 SavsBriti.sh ( iovernment considers toluene an<l toluol 
 
 14 
 
 
 tary of State (telegram). 
 
 
 iis contraband. 
 
 
 
 Consul General Skinner to the Secre- 
 
 Dp.'. 24 
 
 Transmits i)roclamation of British Government con- 
 
 14 
 
 
 taiy of State (telegram i. 
 
 
 taining radically amende"! loiitraband li-st. 
 
 
 (1)
 
 LIST OK PAPERS. 
 BRITISH CONTRABAND— < Untimiea. 
 
 No. 
 
 From and to whom. 
 
 Date. 
 
 Subject. 
 
 Page. 
 
 
 
 1915. 
 
 
 
 
 Consul General Skinner to the Secr«- 
 
 Jan. 16 
 
 Says French Goycmmetit adopts absolute and coii- 
 ttilional lontraband lists identical with Biitish 
 
 16 
 
 
 t?rv of State (tele<iTamV 
 
 
 
 
 
 
 Government. 
 
 
 
 Amba.-<sador Page to the Secretan' of 
 
 Jan. 22 
 
 Gives interi)retation of British Government of the 
 
 l(^ 
 
 
 State (telegram). 
 
 
 terms "copi)er" and "lubricants" in cnntraband 
 list. 
 Gives views of British Government regarding cot- 
 
 
 
 Consul General Skinner to the Secre- 
 
 Mar. 9 
 
 16 
 
 
 tarv of State (telegram). 
 
 
 ton contracts. 
 
 
 
 The lJrili.<li Ambassador to the Secre- 
 
 Mar. 10 
 
 Transmit.^ list enumerating certain oils which British 
 
 16 
 
 
 tary of State. 
 
 
 (iovemmcnt will treat as conditional contraband. 
 
 
 1061 
 
 Ambi<.«ador Page to the Secretary of 
 
 State. 
 
 Mar. 16 
 
 Transmits prodamatioiiof BritLshGovemmentmaking 
 additions to list of articles of contraband. 
 
 17 
 
 
 The Brit ish Ambassador to the Secre- 
 
 Mar. 23 
 
 Savs he will gi^•e Department definite information re- 
 
 m. 
 
 
 tary of State. 
 
 
 garding "castor oil, "' etc., as soon as received. 
 
 
 
 The British Ambassador to the Secre- 
 
 Apr. 10 
 
 Transmits list of "lubricants " which the British Gov- 
 
 18- 
 
 
 tary of State. 
 
 
 ernment now consider absolute contraband. 
 
 
 FREXrn CONTRAHAXr). 
 
 322 
 
 Ambassador Herrick to the Secretary 
 
 of State (telegram). 
 Ambassador Herrick to the Secretary 
 
 of State (telegram). 
 Amba.ssador Herrick to the Secretary- 
 
 of State. 
 
 (,'onsul General Thackara to the Sec- 
 retary of State (telegram). 
 
 Ambas.sador Sharj) to the Secretarj- 
 of State (telegram). 
 
 Amba.ssador Sharp to the Secretary 
 of State. 
 
 1914 
 Sept 
 
 3 
 
 Oct. 
 
 20 
 
 Nov. 
 
 13 
 
 1915. 
 Jan. 4 
 
 Jan. 
 
 5 
 
 Mar. 
 
 16 
 
 Tniusmits I'rench lists of absolute and conditional con- 
 traband as |)ubli.shed in the Journal Ofiiciel. 
 
 Traa-^mils li.-t of articles which the French Govern- 
 ment has added to its conditional contraband list. 
 
 Transmits co|)y of rejjort of President of France and 
 decree relative to absolute and conditional contra- 
 band r)f wai\ 
 
 Inclo.^es copy of decree of French Government mak- 
 ing additions to contraband list. 
 
 Says he i.s informed that British and I'rench lists of 
 contraband correspond absolutely. 
 
 Transmits notice relative to addition-; and modifica- 
 tions in the French contraband list.'-. 
 
 RUSSIAN COXTRjVBAXD. 
 
 I 
 
 Chaigo Wilson 
 State. 
 
 lu the Secretar\' of 
 
 1914. 
 Feb. 26 
 
 Tninsmils cdiit of Rus.-iaii doviTiimciu rcg-arding con- 
 traband of war. .Says mo<lifications will bodeoreed 
 later in order to make Russian and British laws 
 agree. 
 
 GERiUN CONTRABAND. 
 
 19 
 19 
 20 
 
 21 
 22 
 23 
 
 
 Ambassador Gerard to the Secretary 
 
 1914. 
 Sept. 4 
 
 Transmits declaration of German Government rela- 
 
 27 
 
 
 of State (telegram). 
 
 
 tive to contraband. 
 
 
 1801 
 
 The German Charg^ to the Secretar\- 
 of Slate. 
 
 Oct. 22 
 
 Says German Government will treat copper and lead 
 as conditional contraband. 
 
 27 
 
 
 Ambassador Gerard to the Secretar\- 
 
 Nov. 19 
 
 Savs German Government will treat lumber, rough 
 
 28 
 
 
 of Slate (telegram). 
 
 
 or unworked, etc., as conditional contraband. 
 
 
 
 Ambassador Gerard to the Secretar\- 
 
 Nov. 23 
 
 Transmits additional articles which German Govern- 
 
 28 
 
 
 of State (telegram). 
 
 
 ment will treat as conditional contraband. 
 
 
 280 
 
 Ambassador Gerard to the Secretar\- 
 of State. 
 
 Nov. 23 
 
 Tran.sniits notes from foreign office containing notice 
 of additions to original German contraband lists. 
 
 28 
 
 307 
 
 Amba3.-<ador Gerard to the Secretary 
 of Slate. 
 
 Dec. 3 
 
 Transmits note from foreign office stating that Ger- 
 man Government will treat quebracho wood as con- 
 ditional contraband. 
 
 29 
 
 312 
 
 Amba-ssador Gerard to the Secretary 
 of State. 
 
 Dec. 8 
 
 Transmits proclamation of German Government 
 making additions to conditional contraband list. 
 
 29 
 
 340 
 
 Ambassador Gerard to the Secretary 
 
 Dec. 15 
 
 Savs German Government will treat aluminum and 
 
 29 
 
 
 of State. 
 
 1915. 
 Apr. 26 
 
 nickel as conditional contraband. 
 
 
 896 
 
 Ambassador Gerard to the Secretary 
 
 Transmits notice of German Government relative to 
 
 30 
 
 
 of State. 
 
 
 amendments to contraband lists. 
 
 
 AUSTRO-HU NGARIA N CONTRABAND . 
 
 299 
 
 Ambassador Penfield 
 tary of State. 
 
 to the Secre- 
 
 Ambassador Penfield to the Secre- 
 tary of Slate ( telegram I. 
 
 Ambassador Penfield to the Secre- 
 tary of Stat«. 
 
 I 
 
 1914. 
 Sept. 7 
 
 1915. 
 Jan. 15 
 
 Jan. 18 
 
 Says articles enumerated in 22 and 24. Declaration of 
 London, will be treated as contraband of war by 
 Austro-Hiingarian Government. 
 
 Transmits list of articles to be treated as conditional 
 contraband by Austro-Himgarian Government. 
 
 Transmits notice from foreign office containing articles 
 added to the Austro-Himgarian conditional contra- 
 band li.sts. 
 
 32 
 32
 
 LIST OF PAPERS. 
 TURKISH COXTRABAND. 
 
 No. 
 
 From and to whom. 
 
 Date. 
 
 Subject. 
 
 Page. 
 
 
 
 1914. 
 
 
 
 154 
 
 Amba.s.sad()i' MoifiPiithau to tlie Sec- 
 retary 01 State. 
 
 Dec. 18 
 
 Transmits list of articles which will be treated a.s ab- 
 solute or conditional contraband by the Turkish 
 Government. 
 
 33 
 
 
 Ambassador Morgenthaii to the Sec- 
 
 Dec. 22 
 
 Transmits additions to Turkish absolute and condi- 
 
 34 
 
 
 retary of State (telegram). 
 
 
 tional contraband lists. 
 
 
 Kil 
 
 Ambassador Moiyeuthau to the Sec- 
 retary of State. 
 
 Dec. 24 
 1915. 
 
 Tran.smits additional li.n of conditional contraband 
 articles. 
 
 34 
 
 170 
 
 Araba.ssador Moi-geulhau to the Sec- 
 retary of State. 
 
 Jan. 5 
 
 Transmits note from foreign office stating that the 
 words "potassium <om|X)und8" in previous list are 
 replaced by the words "muriate of potassium." 
 
 35 
 
 
 
 
 
 243 
 
 Ambassador Mortrenthau to the Sec- 
 retary of Stale. 
 
 Mar. 12 
 
 Transmits copy of list from I,a Turquie giving articles 
 to be treated as contraband of war by Turkish Gov- 
 erament. 
 
 35 
 
 PART III. 
 Corresp>ondence Relating to Restraints on Commerce. 
 
 525 
 
 1674 
 1169 
 
 1717 
 
 1233 
 
 1795 
 1798 
 
 The Secretary of State to Ambassa- 
 dor Page (telegram). 
 
 The British Secretary of State for For- 
 eign Affaii-s to Ambassador Page. 
 
 The British Secretary of State for For- 
 eign Affairs to Ambassador Page. 
 
 Amba-ssador (ieranl to the Secretary 
 
 of State. 
 
 The Secretary of State to Amliassa- 
 dor Gerard ('telegram). 
 
 The Secretar.N' of State to Ambassa- 
 dor Page (telegram). 
 
 The German Minister for Foreign 
 Affairs to Ambassador Gerard. 
 
 Ambassador Page to the Secretary of 
 State. 
 
 The Secretary of State to Ambassa- 
 dor Page (telegram). 
 
 The Secretary of State to Ambassa- 
 dor Gerard (telegram). 
 
 Ambassador Gerard to the Secretary 
 of Slate. 
 
 The Britisli Ambassador to the Sec- 
 retary of State. 
 
 The Secretary ot" State to Ambassador 
 Paue (telegraml. 
 
 Amlia-ssador Sharp to the Secretary 
 of State (telegram). 
 
 Ambassador Page to the Secretary of 
 
 State (telegram). 
 Ambas-sailor Page to the Secretar)' of 
 
 State (telegrami. 
 
 1914. 
 Dec. 26 
 
 1915. 
 Jan. 7 
 
 Feb. 10 
 
 Feb. (i 
 
 Feb. 10 
 Fel>. 10 
 
 Feb. 10 
 
 P'eb. 19 
 Feb. 20 
 
 Feb. 20 
 Mar. 1 
 
 Mar. 1 
 Mar. 5 
 
 Mar. 14 
 
 Mar. 15 
 
 Mar. 15 
 
 Transmits statement to be communicated to Sec- 
 retary of State for Foreign Affairs protesting 
 against seizures and detentions of American car- 
 goes. 
 
 Explains reasons for seizures and detentions of Amer- 
 ican cargoes. Says British Government is ready 
 to enter into an arrangement by which mistakes 
 can be avoided. 
 
 Transmits full reply of British Government to De- 
 partment's Dec. 28 protesting against seizures and 
 detentions of American cargoes destined for 
 European ports. 
 
 Transmits copy of proclamation of German Admiralty 
 of Feb. 4, 1915. declaring waters around Great 
 Britain and Ireland as within the seat of war. 
 Copy of memorial on subject. 
 
 Transmits note for communication to German Gov- 
 ernment protesting against proclamation of Ger- 
 man Admiralty of Feb. 4, ]!)15. 
 
 Instructed to point out to Tirili.sh Government the 
 serious consequences wliich may result if the use of 
 neutral flags on ]!ritish merchant vessels in order 
 to avoid capture i.s authorized. 
 
 German Government says measures respecting theater 
 of war in waters surrounding Great Britain neces- 
 sary becau.se of England's method of conducting 
 maritime war. 
 
 Transmits reply of British Government relative to 
 proclamation of German Admiralty and use of neu- 
 tral flags on British merchant ships. 
 
 Transmits note for communication to the Foreign 
 Office regarding war-zone declaration by Germany 
 and use of neutral flags by British Government, 
 and suggests certain agreement to be entered into 
 by belligerents. 
 
 Same as above 
 
 Transmits reply of tierman Government fc) American 
 identic note of Feb. 20. 1915, to Great Britain and 
 Germany. 
 
 Refers to war-zone declaration of German Govern- 
 ment. Says British Government will be forced to 
 take measures to pre>'ent commodities of any 
 kind from reaching or lea^-ing Germany. 
 
 Transmits statement for communication to foreign 
 office pointing out difficulty of determining action 
 regarding retaliatory measures against German 
 commerce. 
 
 Transmits reply of French Government to American 
 identic note of Mar. 15. 1915, to British and French 
 Governments. 
 
 Transmits reply of British Government to American 
 identic note of Feb. 20, 1915. 
 
 Transmits reply of British Government to American 
 note of Mar. 5, and te.\t of British Order in Coun- 
 cil setting forth measures of retaliation against Ger- 
 many. 
 
 39 
 
 l^ 
 
 41 
 
 44 
 
 54 
 
 55 i_ 
 
 59 ^ 
 
 59 
 60 
 
 63 
 
 64/^ 
 65 '-^
 
 LIST OF PAPERS. 
 
 Correspondence Relating to Restraints on Commerce — Contimied. 
 
 No. 
 
 From and to whom. 
 
 Date. 
 
 Subject. 
 
 Page. 
 
 
 
 1915. 
 
 
 
 407 
 
 Ambassailor Slwrp to llie Secretary 
 of State. 
 
 .Mar. 
 
 30 
 
 Trannnut,>i text of decree relative to trcatmenl of mer- 
 cliaiKlise l)elons;ing to Germijns coining from or 
 shipped to Germanv. 
 
 (17 
 
 1343 
 
 The Soeretiiry ot Slate to Amba-ssixlor 
 Pase (lelejrram). 
 
 Jfar. 
 
 30 
 
 Transmits note for communication to British Govern- 
 ment explainiiis; L'nited States attitude rejjardinir 
 proi)oscd retaliatory measures against German com- 
 merce and British Oiiler in Council. 
 
 cn 
 
 
 Consul General Skinner to the Seire- 
 
 Apr. 
 
 1 
 
 Transmits c(i])y of Brili^li Order in Council 
 
 72 
 
 
 tarv of .State. 
 
 
 
 
 
 2341a 
 
 The German Ambassador to the Soo- 
 retary of State. 
 
 Apr. 
 
 4 
 
 Transmits menioranduni reu'anlin.i; the matter of 
 German-.Vmerican trade and the (juestion of deliv- 
 ery of arms. 
 
 73 
 
 1379 
 
 The Secretary of State to the ( ierniaii 
 Aml)ass4»(lor. 
 
 A].r. 
 
 21 
 
 Gives i.iews of United States regarding trade be- 
 tween the United State.'? and Germany and expor- 
 tation of arms. 
 
 74 
 
 1G64 
 
 The Secretary of State to Ambassulor 
 Gerard. 
 
 May 
 
 13 
 
 Transmits note for communication to the German 
 Government protesting against -violation by the 
 German authorities ol .\merican rights on the high 
 seas which culminated in the torpedoing and sinl;- 
 ing of the Lusitania. 
 
 75 
 
 PART IV. 
 
 Foodstuffs Cargo of the American Ship Wilhelmina in British Prize Court. 
 
 No. 
 
 I'rom and to whom. 
 
 Date. 
 
 Subject. 
 
 Page. 
 
 
 
 1915. 
 
 
 
 1134 
 
 The Secretary of State to Amlias-sador 
 Page (telegram). 
 
 Feb. 15 
 
 Instructed t<i liring to the attention of the Biitish Gov- 
 ernment certain points in <onnectii>n with the cargo 
 of tlie Wilhelmina which would make her seizure 
 unjustilialile. 
 
 SI 
 
 1G72 
 
 Ambassador Ps^e to the Secretary ot 
 
 State (telegram). 
 
 Pel). 19 
 
 Transmits re])h- of British Go\ernment to Depart- 
 ment s protest regarding the seizure of the Wilhel- 
 mina. 
 
 S2 
 
 1903 
 
 .\ml)assador Page to the Secretarv of 
 State. 
 
 Apr. ,S 
 
 Reports British terms of settlement in Wilhelmina 
 case and says attorneys strongly recommend ac- 
 ceptance. 
 
 S3 
 
 PART V. 
 Destruction of American Merchantman WiHiam P. Frye by German Cruiser Prinz Eitel Friedrich. 
 
 No. 
 
 I'rom and to whom. 
 
 Date. 
 
 Subject. 
 
 Page. 
 
 
 
 1915. 
 
 
 
 144(1 
 
 The Secretary of State to .Vmbassador 
 Geraril (telegram). 
 
 Mar. 31 
 
 Instructed to i)resent claim of owners and captain for 
 destruction of .\merican sldp William P. Prye by 
 the German cruiser Prinz Fitel Friediich. 
 
 .S7 
 
 1984 
 
 Ambassador Gerard to the Secretary 
 of State (telegram). 
 
 .\pr. 5 
 
 Tran-smits reply of German (ioxernmcnt regarding 
 claim for sinking of the William P. Frye by the 
 Prinz Eitel Friediich. 
 
 87 
 
 1583 
 
 The Secretary of State to Amba.ssador 
 Gerard. 
 
 Apr. 28 
 
 Inform German Go\'ernment that United States 
 tluiiks \\'ilLiam P. Frye claim should lie settled by 
 diplomatic negotiations and not be .submitted to a 
 pnze cotn-t as suggested. 
 
 Sf4
 
 PART I. 
 
 DECLARATION OF LONEX)N.
 
 DECLARATION OF LONDON. 
 
 File No. 763.72112/48a. 
 
 The Secretary of State to Ambassador W. II. Page} 
 
 [Telegram — Paraphrase. ] 
 
 Depaktment of State, 
 Washington, August 6, 1914, 1 p- in. 
 Mr. feryan instructs Mr. Pago to inquire whether the Britisli Government is willing to 
 agree that the laws of naval warfare as laid down })y the Declaration of London of 1909 shall 
 be applicable to naval warfare during the present conflict m Europe provided that the Govern- 
 ments with whom Great Britain is or may be at war also agree to such application. Mr. Bryan 
 further mstructs Mr. Page to state that the Government of the JJnited States believes that an. 
 acceptance of these laws by the belligerents would prevent grave misunderstandings wliich may 
 arise as to the relations between neutral powers and the belligerents. Mr. Bryan adds that it is 
 earnestly hoped that this inquiry may receive favorable consideration. 
 
 File No. 763.72112/81. 
 
 Ambassador Penfield to the Secretary of State. 
 [Telegram.] 
 
 American Embassy, 
 Vienna, August 13, 1914, 8 p. m. 
 Your August 6th. Austria-Hungarian Government have instructed their forces to observe 
 stipulations of Declaration of London as applied to naval as well as land warfare during 
 present conflict conditional on like observance on part of the enemy. 
 
 Penfield. 
 
 File No. 763.72112/102. 
 
 Charge Wilson to the Secretary of State. 
 
 [Telegram — Paraphrase.] 
 
 American Embassy, 
 St. Petersburg, August 20, 1914, 2 p. m. 
 Mi\ Wilson refers to Department's August 19, 4 p. m., and reports that the Russian Gov- 
 ernment is still awaiting the decision of the British Government, as Russia will tai<e similar 
 action. Mr. Wilson adds that the Foreign Office does not expect that Great Britain wLU decide 
 to observe the Declaration of London. 
 
 File No. 763.72112/108. 
 
 Ambassador Gerard to the Secretary of State. 
 
 [Telegram — Paraphrase.] 
 
 Ajierican Embassy, 
 Berlin, August 22, 1914, 12 midnight. 
 Mr. Gerard refers to Department's August 19, 4 p. m., and says his August 20, 1 a. m., 
 by way of Copenhagen, states that the German Government will apply the Declaration of 
 London, provided its provisions are not disregarded by other belligerents. 
 
 ' (Same muUit is mutandis to: The American Embassies at St. Petersburg, Paris, Berlin, and V'ieima, and the American Legation at Brussels. ) 
 
 (5) 
 97666°— 15— 2
 
 6 DECLARATIOX OF LONDON. 
 
 File No. 763.72112/126. 
 
 Ambassador W. H. Page to the Secretary of State. 
 
 No. 420.] American Embassy, 
 
 London, Au(/nst 27, 1914. 
 Sir: I have the honor to transmit herewith inclosed a copy of the note from the Foreign 
 OCTice I telegraphed you on the 26th instant (No. 483) defining the attitude of the British 
 Govornmont with regard to the so-called Declaration of London, 1909, together with a copy 
 of a memorandum which accompanied the note, and a copy of the King's order in council of 
 the 20th instant relating to this matter. 
 
 There will also be found attached a copy of a circular note I have just received from the 
 Foreign Office relating to the same onler in council and to the rules governing the proceedings 
 in the British prize courts. Another copy of the King's order in council of the 20th instant, 
 which accompanied the circular note, is inclosed heremth, and there will be found as well, in 
 the pouch which accompanies this dispatch, six copies of the Prize Court Rules. 
 I have, etc., 
 
 Walter Hines Page. 
 
 [Inclosure 1.] 
 
 The MiniMcrfor Foreign Affairs to Ambassador W. H. Page. 
 No. 37230/14. Foreign Office, 
 
 London. August 22, 191-i. 
 
 Your Excellency: On the 7th instant you were 80 good as to address to me a note inrjuiring, pursuant to instruc- 
 tions from the Secretarj- of State at Washington, whether His Majesty's Goveriunent were willing to agree that the 
 laws of naval warfare, as laid down by the Declaration of London, 1909. should l>o applicable to naval warfare during 
 the present European conflict, provided that the Governments with whom tiroat Britain is at war, or with whom her 
 relations are not normal, also agree to such application. 
 
 Your Excellency added that it was the belief of your Government that the acceptance of these laws by the bellig- 
 erents would prevent the possibility of grave misunderstandings as to the relations between belligerents and neutrals. 
 
 I have the honor to inform Your Excellency that Ilis Majesty's Government, who attach great importance to the 
 views expressed in Your Excellency's note and are animated by a keen desire to consult so far as possible the interests 
 of neutral countries, have given this matter their most careful consideration and have pleasure in stating that they 
 have decided to adopt generally the rules of the declaration in question, subject to certain modifications and additions 
 which they judge indispensable to the efficient conduct of their naval operations. A detailed explanation of these 
 additions and modifications is contained in the inclosed memorandum. 
 
 The necessary stejis to carry the above decision into effect have now been taken by the issue of an order in council, 
 of which I have the honor to inclose copies herein for Your Excellency's information and for transmission to your 
 Government. 
 
 I may add that His Majesty's Government, in deciding to adhere to the rules of the Declaration of London, subject 
 only to the aforesaid modifications and additions, have not waited to learn the intentions of the enemy Governments, 
 but have been actuated by a desire to terminate at the earliest moment the condition of uncertainty which has been 
 prejudicing the interests of neutral trade. 
 I have, etc., 
 
 E. A. Crowe. 
 
 [Enclosure 2.J 
 MEMORANDUM. 
 
 1. The lists of contraband already published by Hie Majesty are substituted for those contained in Articles 22 
 and 24 of the Declaration of London. Lists similar to those published by His Majesty have been issued by the French 
 Government. 
 
 2. His Majesty's Government do not feel able to accept in its entirety the rule laid down in Article 38 of the 
 Declaration. It has been the practice of the British Navy to treat as liable to capture a vessel which carried contra- 
 band of war with false papers if she was encountered on the return voyage, and to this exception His Majesty's Gov- 
 ernment feel it necossarj- to adhere. 
 
 3. The peculiar conditions in the present war due to the fact that neutral ports such as Rotterdam are the chiei 
 means of access to a large part of Germany and that exceptional measures have been taken in the enemy country for 
 the control by the Government of the entire supply cf foodstuffs have convinced Ilis Majesty's Government that 
 modifications are required in the applications of Articles 34 and 35 of the Declaration. These modifications are con- 
 tained in paragraphs 3 and 5 of the accompanj-ing Order in Council. 
 
 4. Article 15 of the Declaration contains a provision as to presumptive knowledge of the blockade in certain cases 
 if the vessel has sailed from a neutral port. No mention is made of British or allied enemy ports. These omissions 
 are supplied by Article 4 of the Order in Council. 
 
 5. The Order in Council also provides for the acceptance of the very valuable commentary on the Declaration 
 which was embodied in the General Report prepared by Monsieur Renault.
 
 DECLARATIOX OF LONDON. 7 
 
 [Inclosure 3.| 
 OBDER IX COUNCIL.' 
 
 Directing the Adoption and Enforcement Biiring the Present Hostilities of the Convention Known as the 
 Declaration of London, Subject to Additions and Modifications. 
 
 1914. No. 1260. 
 
 At the court at Buckingham Palace, the 20th day of AugUBt, 1914. Present, The King's Most Excellent 
 
 Majesty in Council. 
 
 Whereas during the present hostilities the naval forces of Hb Majesty will cooperate with the French and 
 
 Russian naval forces; and 
 WTiereas it is desirable that the naval operations of the allied forces so far as they affect neutral ships and 
 
 commerce should be conducted on similar principles; and 
 Whereas the Governments of France and Russia have informed His Majesty's Government that during the 
 
 present hostilities it is their intention to act in accordance with the provisions of the convention known 
 
 as the Declaration of London, signed on the 26th day of February, 1909, so far as may be practicable. 
 
 Now, therefore, His Majesty, by and with the advice of his Privy CouncU, is pleased to order, and it is 
 hereby ordered, that during the present hostilities the convention known as the Declaration of London shall, 
 subject to the following additions and modifications, be adopted and put in force by His Majesty's Government 
 as if the same had been ratified by His Majesty: 
 
 The additions and modifications are as follows: 
 
 (1) The lists of absolute and conditional contraband contained in the proclamation dated August 4, 1914, 
 shall be substituted for tbe lists contained in articles 22 and 24 of the said declaration. 
 
 (2) A neutral vessel which succeeded in carrying contraband to the enemy with false papers may be 
 detained for ha\ing carried such contraband if she is encountered before she has completed her return voyage. 
 
 (3) The destination referred to in Article 33 may be inferred from any sufficient evidence, and (in 
 addition to the presumption laid down in Article 34) shall be presumed to exist if the goods are consigned 
 to or for an agent of the enemy State or to or for a merchant or other person under the control of the 
 authorities of the enemy State. 
 
 (4) The existence of a blockade shall be presumed to be known — 
 
 (a) To all ships which sailed from or touched at an enemy port a sufficient time after the notification 
 of the blockade to the local authorities to have enabled the enemy Government to make known the exist- 
 ence of the blockade; 
 
 (6) To all ships which sailed from or touched at a British or allied port after the publication of the 
 declaration of blockade. 
 
 (5) Notwithstanding the provisions of Article 3-5 of the said Declaration, conditional contraband, if 
 shown to have the destination referred to in Article 32. is liable to captiu-e, to whatever port the vessel is 
 bound and at whatever port the cargo is to be discharged. 
 
 (6) The General Report of the Draftuig Committee on the said Declaration presented to the Naval Con- 
 ference and adopted by the conference at the eleventh plenary meeting on February 25, 1909, shall be 
 considered by all Prize Courts as an authoritative statement of the meaning and intention of the said 
 Declaration, and such courts shall construe and interpret the provisions of the said Declaration by the Ught 
 of the commentary- given therein. 
 
 And the Lords Commissioners of His Majesty's Treasury, the Lords Commissioners of the Admiralty, 
 and each of His JIajesty's Principal Secretaries of State, the President of the Probate, Divorce, and 
 Admiralty Division of^ the High Court of Justice, all other judges of His Majesty's Prize Courts, and all gov- 
 ernors, officers, and authorities whom it may concern are to give the necessarj' directions herein as to them 
 may respectively appertain, 
 
 Almeric Fitzrot. 
 
 File No. 763.72112/112. 
 
 Charge TFiZson to the Secretary of State. 
 
 [Telegram.] 
 
 American Embassy, 
 St. Pftersburg, August 27, 1914. 
 Russian Goremment accepts Declaration uf London vriih. exact modifications adopted by 
 England and France. 
 
 Wilson. 
 
 File No. 763.72112/120. 
 
 Ambassador HerricJc to the Secretary of State. 
 
 [Telegram.] 
 
 AiiERiCAN Embassy, 
 Paris, September 3, 1914. 
 The Frencli Government will observe the provisions of the Declaration of London with 
 following reservation: Article 1. The Declaration signed in London on February 26. 1909, 
 concerning the legislation of naval war shall be apphed during the war subject to the following 
 additions and modifications: 
 
 » The above was repealed by the Order in Council of Oct. 29, 19». See Part II, p. 13.
 
 g DECLABATIOX OF LONDON. 
 
 One. The lists of absolute and conditional contraband notified by publication in the 
 Journal OfRciel of August 11, 1914, are substituted for those contained in Articles 22 and 24 of 
 the Declaration. Notices published in the Journal OfRciel shall eventually make known any 
 new additions or modifications to said lists. 
 
 Two. Any neutral ship which may have succeeded in carrying contraband to the enemy 
 by means of false papers may be seized under this accusation if met with before completing; 
 its return journey. 
 
 Three. The purpose within the meaning of Article 33 of the Declaration may be inferred 
 from any sufficient proof, and (besides the assumption contained in Article 34) shall be con- 
 sidered as existing if the merchandise is consigned to or in the name of an agent of the enemy 
 or to or in the name of any dealer or of any other person acting under the control of the authori- 
 ties of the enemy. 
 
 Four. The existence of a blockade shall be deemed known (a) for all ships starting from 
 or touching at an enemy's port within a sufficient delay after notification of blockade to the local 
 authorities to have allowed the enemy's government to make kno\\Ti the existence of the 
 blockade; (b) for all ships which may have left or touched at a French or ally's port after 
 publication of declaration of blockade. 
 
 Five. Notwithstanding the provisions of article 35 of the declaration the conditional 
 contraband, if it is proved that its destination comes within the meaning of article 33, is liable 
 to capture, whatever may be the port of destination of the ship and the port where the cargo 
 is to be unloaded. 
 
 Only change made in Journal Officiel of August 11, 1914, is transfer of balloons, flying 
 machines, etc., from conditional contraband list to absolute contraband list. Article 22 still, 
 then, contains 12 subdivisions, 12 referring to balloons and flying machines, and article 24, 
 13 subdivisions, subdivision 8 being eliminated and becoming subdivision 12 of absolute 
 contraband. 
 
 Herrick. 
 
 The Acting Secretary of State to Ambassador W. H. Page. 
 
 [Telegram.] 
 373.] Department of State, 
 
 Washington, October 22, 1914. 4 P- w. 
 
 Your No. 864, October 19, Declaration of London. 
 
 Inasmuch as the British Government consider that the conditions of the present European 
 conflict make it impossible for them to accept without modification the Declaration of London, 
 you are requested to inform His Majesty's Government that in the circumstances the Govern- 
 ment of the United States feels obfiged to withdraw its suggestion that the Declaration of 
 London be adopted as a temporary code of naval warfare to be observed by belligerents and 
 neutrals during the present war; that therefore this Government will insist that the rights 
 and duties of the United States and its citizens in the present war be defined by the existing 
 rules of international law and the treaties of the United States irrespective of the provisions 
 of the Declaration of London; and that this Government reserves to itself the right to enter 
 a protest or demand in each case in which those rights and duties so defined are violated or 
 their free- exercise interfered with by the authorities of His Britannic Majesty's Government. 
 
 Lansing. 
 
 File No. 763.72112/226a. 
 
 The Acting Secretary of State to Ambassador Gerard. '^ 
 
 [Telegram — Paraphrase. ] 
 
 Department of State, 
 Washington, October 24, 1914. 5 p. m. 
 Referring to Department's August 6, 1 p. m., and Embassy's October 22, relative to the 
 Declaration of London, Mr. Lansing instructs Mr. Gerard to infonn the German Government 
 that the suggestion of the department to belligerents as to the adoption of declaration for sake 
 of uniformity as to a temporary code of naval warfare diu-ing the present conffict has been with- 
 drawn because some of the belligerents are unwilling to accept the declaration without modi- 
 fications and that this Government will therefore insist that the rights and duties of the Gov- 
 ernment and citizens of the United States in the present war be defined by existing rules of 
 international law and the treaties of the United States without regard to the provisions of the 
 declaration and that the Government of the United States reserves to itself the right to enter 
 a protest or demand in every case in which the rights and duties so defined are violated or 
 their free exercise interfered with by the authorities of the beUigerent governments. 
 
 ' (Same to the embassies at St. Petersburg, Vienna, and Paris, and the legation at Brussels.)
 
 PART II. 
 
 PAPERS RELATING TO ARTICLES LISTED AS CONTRABAND OF WAR.
 
 CONTRABAND OF WAR. 
 
 BRITISH CONTRABAND. 
 
 File No. 763.72112/26. 
 
 Ambassador Page to the Secretary of State. 
 
 [Telegram — Paraphrase . ] 
 
 American Embassy, 
 
 London, August 5, 191 J^. 
 Mr. Page reports that he has received from the Foreign Office list of articles which the 
 British Government have declared to he absokite contraband and conditional contraband, 
 respectively, during the present war: 
 
 PROCL.\M.\TIOX. 
 
 Aiigiwt 4, 1914. No. 1250. 
 
 Specifying the articles to be treated as contraband of -war. 
 
 GEORGE R. I. 
 
 Whereas a state of war exists between us on the one hand and the German Empire on the other: 
 And whereas it is necessary to specify the articles which it is our intention to treat as contraband o£ war: 
 Now, therefore, we do hereby declare, by and with the advice of our Pri\-y Council, that during the continuance 
 of the war or until we do give further public notice the artirlfs enumerated in Schedule I hereto will be treated as 
 absolute contraband, and the articles enumerated in Schedule II hereto will be treated as conditional contraband; 
 
 SCHEDULE I. 
 
 The following articles will be treated as absolute contraband: 
 
 1. Arms of all kinds, including arms for sporting purposes, and their distinctive component parts. 
 
 2. Projectiles, charges, and cartridges of all kinds, and their distinctive component parts. 
 
 3. Powder and explosives specially prepared for use in war. 
 
 4. Gun mountings, limber boxes, limbers, military wagons, field forges, and their distinctive component parts. 
 
 5. Clothing and equipment of a distinctively military character. 
 
 6. All kinds of harness of a distinctively military character. 
 
 7. Saddle, draft, and pack animals suitable for use in war. 
 
 8. Articles of camp equipment and their distinctive component parts. 
 
 9. Armor plates. 
 
 10. Warships, including boats, and their distinctive component parts of such a nature that they can only be used 
 on a vessel of war. 
 
 11. Aeroplanes, air.-^hips, balloons, and air craft of all kinds, and their component parts, together with accessories 
 and articles recognizable as intended for use in connection with balloons and air craft. 
 
 12. Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufac- 
 ture or repair of arms, or war material for use on land and sea. 
 
 SCHEDULE II. 
 
 The following articles will be treated as conditional contraband: 
 
 1. Foodstuffs. 
 
 2. Forage and grain suitable for feeding animals. 
 
 3. Clothing, fabrics for clothing, and boots and shoes, suitable for use in war. 
 
 4. Gold and silver in coin or bullion; paper money. 
 
 5. Vehicles of all kinds available for use in war and their component parts. 
 
 G. Vessels, craft, and boats of all kinds; floating docks, parts of docks, and their component parts. 
 
 7. Railway material, both fixed and rolling stock, and materials for telegraphs, wireless telegraphs, and telephones. 
 
 8. Fuel; lubricants. 
 
 9. Powder and explosives not specially prepared for use in war. 
 
 10. Barbed wire, and implements for fixing and cutting the same. 
 
 11. Horseshoes and shoeing materials. 
 
 12. Harness and saddlery. 
 
 13. Field glasses, telescopes, chronometers, and all kinds of nautical instruments. 
 
 Given at our court at Buckingham Palace, this fourth day of August, in the year of our Lord one thousand nine 
 hundred and fourteen, etc., etc. 
 
 11
 
 12 CONTKABAXD OF WAR. 
 
 File No. 763.72112/138 
 
 Ambassador W. E. Page to the Secretary of State. 
 [Telegram.] 
 
 American Embassy, 
 
 London, September 30, 19H. 
 Following proclamation regarding contraband of war has been received from the Foreign 
 
 Office. 
 
 Page. 
 
 PKOCLAMATION. 
 
 September 21, 1914. No. 1410. 
 Specifying certain additional articles which are to be treated as contraband of war. 
 
 Geohoe R. I. 
 
 AMiereaa on the 4th day of August last, we did is.sue our loyal proclamation specifying the articles which it was 
 our intention to treat .is contraband of war diuing the war between us and the German Emperor. 
 
 And whereas on the 12th day of Augutst last we did by our royal proclamation of that date extend our proclamation 
 afore-mentioned to the war between us and the Emperor of Austria, King of Hungary. 
 
 And whereas by an order in council of the 20th day of August, 1914, it was ordered that during the 
 present hostilities the convention kno^Ti as the Declaration of London should, subject to certain additions and modi- 
 fications therein specified, be adopted and put in force as if the same had been ratified by us. 
 
 And whereas it is desirable to add to the ILst of articles tu be treated as contraband of war during the present war. 
 
 And whereas it is expedient to introduce certain further modifications in the Declaration of London as adopted 
 and put into force. 
 
 Now, therefore, we do hereby declare, by and with the advice of our privy council, that during the continuance 
 of the war, or until we do give further public notice, the articles enumerated in the schedule hereto will, notwithstand- 
 ing anything contained in Article 28 of the Declaration of Loudon, be treated as conditional contraband. 
 
 Schedule. 
 
 Copper, unwrought. Magnetic iron ore. 
 
 Lead, pig, sheet, or pipe. Rubber. 
 
 Glycerine. Hides and skins, raw or rough tanned (but not including 
 
 Ferrochrome. dressed leather). 
 
 Haematite iron ore. 
 
 Given at our court at Buckingham Palace, this twenty-first day of September, in the year of our Lord one thousand 
 nine hundred and fourteen, etc., etc. 
 
 File No. 763.72112/3S5. 
 
 Ambassador IV. 11. Page to the Secretary of State. 
 
 No. 549.] American Embassy 
 
 London, November S, 1914- 
 
 Sir: I have the honor to transmit herewith a copy of a proclamation containing a revised 
 
 list of articles which the British Government have decided to declare absolute or conditional 
 
 contraband, respectively, during the present war, as well as a copy of an Order in Coimcil 
 
 defining the attitude of His Majesty's Government toward the Declaration of London during 
 
 the present hostihties and the rules which have been decided to be adopted in modification of 
 
 the declaration. 
 
 I have, etc., 
 
 Walter Hines Page. 
 
 PROCL.\.M.\TION'. 
 
 October 29, 1914. No. 1613. 
 Revising the List of Contraband of War. 
 
 George R. I. 
 
 \Mierea3, on the fourth day of August, 1914, We did i.^sue Our Royal Proclamation specif\'ing the articles which 
 it was Our intention to treat as contraband of war during the war between Us and the German Emperor: and 
 
 Whereas, on the twelfth day of August, 1914, We did by Our Royal Proclamation of that date extend Our Procla- 
 mation aforementioned to the w.ar between Us and the Emperor of Austria, King of Hungarj-; and
 
 COXTRABAXD OF WAR. 13 
 
 ■Whereas on the twenty-first day of September, 1914, We did I'V Our Royal Proclamation of that date majic certain 
 additions to the list of articles to be treated as contraband of war; and 
 
 Whereas it is exped'unt to consolidate the said lists and to make certain additions thereto: 
 
 Now. ther-jfore. We do hereby declare, by and with the advice of Our Privy (ounci!, that the U^ta of contraband 
 contained in the schedules to Our Royal Proclamations of the fourth day of August and the twenty-first day of Sep- 
 tember aforementioned are hereby withdrawn, and that in Ueu thereof during the continuance of the war or until 
 A\'e do give further [lublic notice the articles enimierated in Schedule I. hereto \nll be treated as absolute contraband, 
 and the articles enumerated in Schedule II. hereto will be treat<Kl conditional contraband. 
 
 SCHEDULE I. 
 
 1 . Arms of all kinds, including arms for sporting purposes, and lluir distinctive coniponent parts. 
 
 2. Projectiles, charges, and cartridges of all kinds, and their distinctive component parts. 
 ;i. Powder and explosives specially prepared for Ui^e in war. 
 
 4. Sulphuric acid. 
 
 0. Gun mountings, limber boxes, limbers, military wagons, field forges and th.-ir distinctive component parts. 
 fi. Range-finders and their distinctive componi'nt parts. 
 
 7. Clothing and equipment of a distinctively military character. 
 
 8. Saddle, draft, and pack j-nimals suitable for usr- in war. 
 
 9. .\11 kinds of harness of a distinctively military character. 
 
 10. Articles of camp equipment and their distinctive component parts. 
 
 1 1. Armour plates. 
 
 12. Haematite iron ore and h&.-matite pig iron. 
 
 13. Iron pyrites. 
 
 14. Xickel ore and nickel. 
 
 15. Ferrochrome and chrome ore. 
 
 16. Copper, unwrought. 
 
 17. liCad, pig, sheet, or pipe. 
 
 18. Aluminium, 
 in. Ferro-silica. 
 
 20. Barbed wire, and implements for fixing and cutting the same. 
 
 21. Warships, including boats and th<'ir distincti\e component parts of such a nature that they can only be used 
 on a vessel of war. 
 
 22. Aeroplanes, airships, balloon.s, and aircraft of all kinds, and their component part", together -tt-ith accessories 
 and articles recognizable as intended for use in connection with balloons and aircraft. 
 
 23. Motor vehicles of all kinds and their component parts. 
 
 24. Motor tires; rubber. 
 
 25. Mineral oils and motor spirit, except lubricating oils. 
 
 2G. Implements an<l apparatus designed exclusively for the manufacture of munitions of war, for the manufacture 
 or repair of arms, or war mat.'ri;-! for use on land and sea. 
 
 SCHEMULE II. 
 
 1. Foodstuffs. 
 
 2. Forage and feedings stuff for animals. 
 
 3. Clothing, fabrics for clothing, and boots and shoes suitable for use in war. 
 
 4. Gold and silver in coin or bullion; paper money. 
 
 5. Vehicles of all kinds, other than motor vehicles, available for use in war, and their component parts, 
 li. Vessels, craft, and boats of all kincL^; floating docks, parts of dixks, and their component part.--. 
 
 7. Railway materials, both fixed and rolling stock, and materials for telegraphs, wireless telegraphs, and 
 telephones. 
 
 8. Fuel, other than mineral oils. Lubricants. 
 
 !>. Powder and explosives not specially prepared for use in war. 
 
 10. Sulphur. 
 
 11. Glycerine. 
 
 12. Horseshoes and shoeing materials. 
 
 13. Harness and saddlory. 
 
 14. Hides of all kinds, drj-orwet; pig.-^kins, raw or dressed; leather, undres.sed or dressed, suitable for saddlery, 
 harness, or miliUuy boots. 
 
 15. Field gla.sses, telescopes, chronometers, and all kinds of nautical instrument"--. 
 
 Given at our court at Buckingham Palace, this twenty-ninth day of October, in the year of our Lord one thousand 
 nine hundred and fourteen, etc., etc. 
 
 ORDER IN- COUNCIL. 
 
 October 29, 1914. Xo. 1014. 
 
 Whereas by an Order in Council dated the 20th day of August, 1914, His Maje.sty was pleased to declare ihat 
 during the present hostilities the Convention known as the Declaration of London should, subject to certain additions 
 and modifications therein specified, bo adopted and put in force by His Jfajesty's Government; and 
 
 Whereas the said atldirions and modifications were rendered necessary by the special conditions of the present 
 war; and 
 
 97666°— 15 3
 
 14 COXTRABAXD OF WAR. 
 
 ^^'herea8 it is desirable and possible now to reenact the said Order in Council w ith amendment*" in order to mini- 
 mize, so far as possible, the interfercneo with innocent neutral trade occasioned by the war: 
 
 Now, therefore. His Majesty, by and w ith the advice of His Privy Coimcil. is pleased to order, and it is hereby 
 ordered, as follows: 
 
 1 . Dining the present hostilities the pro\-isions of the Convention known as the Declaration of London shall, subject 
 to the exclusion of the lists of contraband and noncontraband, and to the modifications hereinafter set out. be adopted 
 and put in force by His Majesty's Government. 
 
 The modifications are as follows: 
 (i) A neutral vessel, with papers indicating; a neutral destination, which, notwithstanding the destination shown 
 
 on the papers, proceeds to an enemy port, shall be liable to capture and condemnation if she is encountered 
 
 before the end of her next voyage, 
 (ii) The destination referred to in Article H:i of the said Declaration shall (in addition to the presumptions laid 
 
 dow n in Article 'M) be presume<l to exist if the goods are con'^igned to or for an agent of the enemy State. 
 (iii) Notwith.slanding the provisions of Article 35 of the said Declaration, conditional contraband shall be liable 
 
 to capture on board a I'essel bound for a neutral port if the goods are consigned "to order." or if the sliip's 
 
 jiapers do not .show w ho is the consignee of the goods, or if they sho^\ a consignee of the goods in territory 
 
 belonging to or occupied by the enemy. 
 (iv) In the cases covered by the preceding ]iaragi'aph (iiil it shall lie upon the owners of the goods tn prove that 
 
 their destination was innocent. 
 
 2. Where it is shown to tlie .satisfaction of one of His Majesty's Prim ipal Secretaries of State that the enemy Govern- 
 ment is draw ing supplies for its armed forces from or through a neutral countPi'. he may direct that in respect of ships 
 l>ound for a port in that country. Article 35 of llie said Declaration shall not apply. Such direction shall be notified 
 in the ''London Gazette" and shall operate until ihe s;ime is withdrawn. So long as such direction is in force, a vessel 
 which is carrying conditional contrahand to a port in that countrj' shall not be immune from capture. 
 
 3. The Order in Council of the 20th August. Ifll4, directing the adoption and enforcement during the present 
 hostilities of the Convention known as the Declaration of London, subject to the additions and modifications therein 
 specified, is hereby repealed. 
 
 4. Tins Order may be cited as "the Declaration of London Order in Council. Xo. 2. 1914." 
 
 And the Lords Commissioners of His Majesty's Treasury, the Lords Commissioners of the Admiralty, and each of 
 His Majesty's Principal Secretaries of State, the President of the Probate. Divorce, and Admiralty Division of the 
 High Court of Ju.stice. all other .Judges of His Majesty's Prize Co\uts. and all Governors. Officers, and Authorities whom 
 it may concern, are to give the necessary diiections herein as to them may respectively appertain. 
 
 Al.MERIC FiTZROY. 
 
 File No. 763.72112/395. 
 
 Consul General Shinncr to the Secretan/ of State. 
 
 [Telegram— Kxtract.] 
 
 AmERICAX CONSl'LATE GeXERAL, 
 
 London, Nen^emher 17, 1914 — ^ P- W- 
 Foreign Office states: "Cottonseed cako, being feeding stuff for cattle, i.s conditional con- 
 traband and will he treated in strict accordance with order in council, article 1, subarticle 3." 
 
 Skinner. 
 
 File No. 703.72112/418. 
 
 Consul General SMnner to the Secretary of State. 
 
 [Telegram.] 
 
 American Consulate General, 
 
 London, A'ovemher 25, 1914. 
 British authorities inform me to-day in their view toluene and toluol are contrahand. 
 
 Skinner. 
 
 File No. 763.72112/521. 
 
 Consul General Shinrter to the Secretan/ of State. 
 
 [Telegram — Parai)hrase.] 
 
 American Consulate General, 
 
 London, Deecmher 24, 1914- 
 Mr. Skinner states that radically amended contraband list is promulgated by proclamation 
 of December 23, 1914, as follows:
 
 COXTRABAXD OF WAR. 15 
 
 PHOCLAMATION. 
 
 Dficember 23, 1914. 
 
 Revising the List of Axticles to be Treated as Contraband of War. 
 
 George, R. I. 
 
 ^Vherea8 on the 4th day of .Vugust, 1914, we di<l issue our royal pro'lamalion spe> ii'yiiig the articles which it 
 was our intention to treat as contraband of war during tlie war between us and the German Emperor; and 
 
 ^\'herea8 on the 12th day of August. 1914, we did by our royal jjrodamation of that date extend our proclamation 
 aforementioned to the war between us and the Emperor of Austria. King of Hungary; and 
 
 \MiPrea8 on tlie 21st day of September, 1914, we did by our royal proclamation of that date make certain additions 
 to the list of artirles to be treated as contraband of war; and 
 
 Whereas on the 29th day of October. 1914. we did by our royal proclamation of that date withdraw the 8ai<l lisfa 
 of contraband and substitute therefor the lists contained in the schedules to the said proclamation; and 
 
 \Mierea8 it is expedient to make certain alterations in and additions to the said lists: 
 
 Now. therefore, we do hereby declare, by and with the ad\dce of our Privy Council, that the lists of contraband 
 contained in the schedules to our royal proclamation of the twenty-ninth day of October aforementioned are hereby 
 withdrawn, and that in lieu thereof during the continuance of the war or until we do give further public notice the 
 articles enumerated in Schedule 1 hereto will bo treated as absolute contraband, and the articles enumerated in 
 Schedule II hereto will be treated as conditional contraband. 
 
 ."CHEDULK I. 
 
 1. Arms of all kinds, including arms for 8])orling purposes, anil their ili.stinctive component part.a. 
 
 2. Projectiles, charges, and cartridges of all kinds and their distinctive component parts. 
 
 3. Powder and explosives specially prepared for use in war. 
 
 4. Ingredients of explosives, viz, nitric acid, sulphuric acid, glycerine, acetone, calcium acetate and all other 
 metallic acetates, suljihur, potassium nitrate, the fractions of the distillation products of coal tar between benzol and 
 crcsol, inclusive, aniline, methylaniline, dimethylaniline, ammonium perchlorate. .-iodium perchlorate, sodium 
 chlorate, barium chlorate, ammonium nitrate, cyanamide, potassium chlorate, calcium nitrate, mercury. 
 
 5. Resinous products, camjjhor, and turpentine (oil and spirit]. 
 
 6. Gun mountings, limber boxes, limbers, military witgons. field forges, and their distinctive lomponent parts. 
 
 7. Range-finders and their distinctive component parts. 
 
 8. Clothing and equipment of a distinctively militarj' character. 
 
 9. Saddle, draught, and pack animals suitable for use in war. 
 
 10. All kinds of harness of a distinctively military character. 
 
 11. Articles of camp equipment and their distinctive component parts. 
 
 12. Armour plates. 
 
 13. Ferro alloys, including ferro-tungsten, ferro-molybdenum, ferro-inanganesc, forro-vanadium, ferro-chrome. 
 
 14. The following metals: Tungsten, molybdenum, vanadium, nickel selenium, cobalt. Iiaematite pig-iron, 
 manganese. 
 
 15. The following ores: Wolframite, 6<heelite, molybdenite, manganese ore, nickel ore, chrome ore, haematite 
 iron ore, zinc ore, lead ore, bauxite. 
 
 16. Aluminium, alumina, and salts of aluminium. 
 
 17. Antimony, together with the sulphides and oxides of antimony. 
 
 18. Copper, unwTought and part wrought, and copper wire. 
 
 19. Load, pig. sheet, or pipe. 
 
 20. Barbed wire, and implements lor fixing and cutting the same. 
 
 21. Warships, including boats and their distinctive component part.s of surh a nature that they can only be u.sed 
 on a vessel of war. 
 
 22. Submarine sound signaling apparatus. 
 
 23. Aeroplanes, airships, balloons, and aircraft of all kinds, and their component parts, together with accessories 
 and articles recognizable as intended for use in connection with balloons and aircraft. 
 
 24. Motor vehicles of all kinds and their component parts. 
 
 25. Tires for motor vehicles and for cycles, together with articles or materials especially adapted for us<! in the 
 manufacture or repair of tires. 
 
 26. Rubber (including raw, waste, and reclaimed mbber) and gooils nxade wholly of rubber. 
 
 27. Iron pyrites. 
 
 28. Mineral oils and motor spirit, except lubricating oils. 
 
 29. Implements and apparatus designed exclusively for the manufacliiro of munitions of war. fur the manufacture 
 or repair of arms, or war material lor use on land and sea. 
 
 SCHEDULE II. 
 
 1. Foodstuffs. 
 
 2. Forage and feeding stuffs for animals. 
 
 3. Clothing, fabrics for clotliing, and boots and shoes suitable for use in war. 
 
 4. Gold and silver in coin or bullion; paper money. 
 
 5. Vehicles of all kinds, other than motor vehicles, available for use in war, and their component parts. 
 
 6. Vessels, craft, and boats of all kinds; floating docks, parts of dock.'', and their component parts. 
 
 7. Railway materials, both fixed and rolling stock, and materials fur telegraph.-', wireless telegraphs, and 
 telephones.
 
 16 CONTRABAND (IF WAK. 
 
 8. Fuel, other than mineral nih. Luhrii;int.-'. 
 
 9. Powder and cxI)l^l^'iv<'^ not siH-cially prepared for use in war. 
 
 10. Ilorseshixvs and shoeincr materials. 
 
 11. Harness and saddlery. 
 
 12. Hide.s of all kinds, dry di' wet; pi},'jskins, raw or dre-s-sed; leather, nndrea^cd or dressed, .suitable for 
 eaddlery, harness, or military boot,-. 
 
 13. Field glasses, telescopes, ehrononicters. and all kinds of nautical iiistrunients. 
 
 Given at our court at Buckingham Palace, this Twenty-third day of December, iu the year of our l.oril 
 one thousand nine hundred and fourteen, etc.. etc. 
 
 File No. 7G3.72112/618. 
 
 Consul General ISkinncr to the Secretanj of State. 
 [Teleirram.] 
 
 Amkric'ax Consulate General, 
 
 London, January 16, 1915. 
 Official announcement made l)y British Government that France adopts lists of absolute 
 and conditional contraband identical with latest British list. 
 
 Skinner. 
 
 File No. 7G3.72112/642. 
 
 Ambassador 11'. //. Page to the Secretary of State. 
 [Telegram.] 
 
 American Embassy, 
 
 London, January 22, 1915. 
 British Government now informs me that the heading "Copper unwrought" was intended 
 to include all copper in such form as to render it usable for manufacturing purposes. Tliis 
 description being vague, the former heading will be changed in new lists to read "Copper 
 unwrought and part wrought and copper wire." This is intended to include copper sheets, 
 circles, slabs, bars, pipes, ingots, scrap, rods, plates, solid drawTi, tubes, etc., and all grades 
 of copper wire. The word copper is deemed to include alloys in which copper is tlie main 
 ingredient. 
 
 Page. 
 
 File No. 703.72112/823. 
 
 Consul General Skinner to the Secretary of State. 
 [Telegram.] 
 
 American Consulate General, 
 
 London, March 9, 1915. 
 British Government announces that: "All cotton for which contracts of sale and freight 
 engagements had already been made before March 2, to be allowed free or bought at contract 
 price if stopped provided the ship sails not later than March 3 1 ; similar treatment to be ac- 
 corded to all cotton insured before March 2, provided the cotton is put on board not later than 
 March 16. X)l sliipmeuts of cotton claiming the above protection to be declared before sailing 
 and documents produced to and certificates obtained from consular officers or other authority 
 
 fixed b}' the Government." 
 
 Skinner. 
 
 File No. 7()3. 7211 2/835. 
 
 The British Ambassador to the Secretary of State. 
 
 British Embassy, 
 
 Washington, March 10, 1915. 
 The British Aml)assador presents liis compliments to the Secretary of State, and has the 
 honor to transmit herewith twenty copies of a hst enumerating certain oils and substances 
 included under the heading "Lubricants" in the British list of articles to be treated as con- 
 ditional contraband. 
 
 Cecil Spring Kice.
 
 CONTBABAXD OF WAB. 17 
 
 [Inclosure] 
 
 OILS AMI SUBSTANCES LN'CLUDEK IXUER THE HEADIN'<; LUBRICANTS IX THK IlKITISH LIST OK AHTICLE8 TO BE TREATED 
 
 AS CONDITIONAL CONTRABAND. 
 
 I. Priniipal oils \iso(l as liiliricants: 
 
 TalldW oil. 
 
 Lard oil. 
 
 Neat'i^-foot oil (iiiduiliiii; .slipop's foot oil, liorse'.-i fool oil, and fatly liono oili. 
 
 Olive oil. 
 
 Rape oil (including Colza oil. I'a^-isson oil, or Ulark Sea rape oil, ami Jaml>a oil). 
 
 Castor oil . 
 
 Particularly for fim- inechanisms — 
 
 Ilazolnut oil. 
 
 Ben oil. 
 
 Porpoise oil i iiichidiiii,; liofly oil ami jaw oil). 
 
 Dolphin oil c.r blackli.sh oil (including Ijody oil and jaw oili. 
 
 Sperm oil. 
 
 Arctic sjK'rm oil. 
 Whale oil. 
 Kosin oil. 
 
 II. Solid lubri<-ants: 
 
 1. Graphite (in<ludini,' natural graphite, artificial graphite, Atcheson'3 graphite, colloidal graphite, defloccu- 
 
 lated graphite. "Oildag," "Aquadag," or "Waterdag"). 
 
 2. Mineral jellies. 
 
 3. Tallow (includini; mutton-tallow, beef-tallow and goat-and-buck-tallow 1. 
 
 4. All unctuous bodies wliich do not flow (or flow extremely slowly) at ordinarj- temperatures containing: 
 
 a. Tallow mixed with any other oil, fat, or mineral jelly. 
 
 b. Any oil, fat, or mineral jelly containing aluminum soap, lead soap, lime soap, or rosin soap. 
 
 c. Commercial forms of lead soap, lime soap, and aluminium soap. 
 
 d. Any oil, fat, or mineral jelly containing water and an alkali, or containing potash or soda soap (but 
 
 not including '.superfatted soaps ' of various kinds 1. 
 
 5. Rosin greases or rosin soaps. 
 
 Aluminium soaj) in oleaginous solution is also known as "oil-pulp," "tliickener," "gelatin," and "\'iscom." 
 
 rile Xo. 763.72112/9-19. 
 
 Ambassador W. II. Pege io the Secretary of State. 
 
 No. 1061.] American- Embassy, 
 
 London, March 10, 1015. 
 Sir : In accordance with the instructions of the department, and conlirmjug my cablegram 
 No. 1780 of the 13tli instant, I have the honor to transmit liorowith copies, in duplicate, of a 
 proclamation adding to the list of articles to he treated as contraband of war. (hited March 
 11, 1915. 
 
 I have, etc., 
 
 Walter Hines Page. 
 
 PROCLAMATION . 
 
 March 11, 191o. 
 Adding to the List of Articles to be Treated as Contraband of War. 
 
 George R, I. 
 
 Whereas on the twenty-third day of December, 1914, we did issue our royal proclamation specifj-ing the articles 
 "which it was our intention to treat as contraband during the continuance of hostilities or until we did give further 
 public notice, and 
 
 Whereas it is expedient to make certain additions to the lists contained in the said proclamation: 
 
 Now, therefore, we do hereby declare, by and with the advice of our i>ri\y council, that during the continuance 
 of the war or until we do give further pubUc notice the following articles will bo treated as absolute contraband in 
 addition to those set out in our royal proclamation aforementioned: 
 
 Raw wool, wool tops and noils and woolen and worsted yarns. 
 
 Tin, chloride of tin, tin ore. 
 
 Castor oil. 
 
 Paradin wax. 
 
 Copper iodide. 
 
 Lubricants. 
 
 Hides of cattle, buffaloe:;, and horses; skins of calves, pijs, sheep, goats, and de»^r; leather, undressed or dressed, 
 suitable for saddlerj-, harno.s,-:, military boots, or military clothing. 
 
 Ammonia and its salts whether simple or compound; ammonia liquor, urea, aniline, and their com]X)unds.
 
 18 CONTRABAND OF WAR. 
 
 And we do hereby declare Ihat tlio following aitkles will lie treated xo <-ouditional contraband in addi- 
 tion to those set out in our royal proclamation aforementioned: 
 
 Tanning substances of all kinds (including extracts for u.-^e in tanning). 
 
 And we do hereby further declare that the terms "foodstuffs" and "feeding stnll's for animals'' m the list 
 of conditional contraband contained in our royal proclamation aforementioned shall be deemed to include oleagi- 
 nous seeds, nuts and kernels; animal and vegetable oils and fats (other than linseed oil) suitable for use in the 
 manufacture of margarine; and cakes and meals made from oleaginous seeds, mils and kernels. 
 
 Given at our court at Ruckingham Palace, this eleventh day of March, in llie year of our Lord one thousand 
 nine hundred and fifteen, ett'., etc. 
 
 File No. 763.72112/925. 
 
 Tlif ]lr')t'is!i Aiiiliaxsdddf to thf Stcrdari/ of f^ fair. 
 
 BiuTi.sH Embassy, 
 W(isJii)}(jtov, March 2fi, 1915. 
 
 ^fv De.^r Mr. Secretary: I l)og to uoknowledgc the receipt of yo\iv informal letter of 
 March 20th in wliicli yon are good enough to submit certain observations on th(^ British contra- 
 band Ust. 
 
 I have not in my possession any further information than that wliicli I Iiave communicated 
 to 3'ou, but I expect before long to receive a uniform printed list as revised up to date and I 
 shall take pleasure in sending you a copy so soon as it arrives. 
 
 In the list sent to 3'ou on March 10 which reached me by post tlic term "castor oil" was 
 mentioned under the heading of "Principal oils used as lubricants," which were at that time 
 treated as conditional contraband. According to the telegram, of which a copy was sent to 
 3-011 on March 13, "lubricants" were transferred to the list of absolute contraband and castor oil 
 was mentioned separatelj-. Apart from tliis and in the absence of information to the contrary 
 I understand that the memorandum interpreting the term "lubricants" formerly listed as con- 
 ditional contraband is to be considered as still interpreting this term as listed under absolute 
 contraband. 
 
 The materials enumerated in Articles 11 and 12 of the conditional contraband list appear, 
 as you suggest, to have been transferred to the absolute list, but I am unable at the present 
 moment to state definitely that this is so. 
 
 I am taking steps to obtain a clear ruling on these points. 
 
 I am, etc., Cecil Sprixo Rice. 
 
 File Xo. 763.72112/100:^. 
 
 The British Ainhassador to the Secretan/ of Stutr. 
 
 British Embassy, 
 
 WdsJiingfoii, April 10, 1915. 
 
 My Dear Mr. Secretary*: With further reference to your letter of the 20th of March I am 
 informed that tho mterprctation of lubricants now absolute contraband is as follows: 
 
 Mineral. Including mineral oils, jellies or greases of all kinds, pure or compounded; 
 graphite, natural or artificial; 
 
 Vegetable. Including vegetable lubricating oils and fats of all kinds, and resm greases, 
 and their mixtures; 
 
 Animal. Including all anmial oils and fats for use as lubricants, and their mixtures; 
 
 Fish. Including whale oil (train, blubber, sperm), seal or sliark oil, and fish oil generally; 
 
 Mixtures or compoimds of any of the foregoing. 
 
 It will be observed that the above definition covers all the articles mentioned in the earlier 
 list of lubricants sent to your Department on March 10 and that it is even more comprehensive 
 inasmuch as it includes mixtures and compounds of these articles. 
 
 The whole of the "hides" heading (Article 12) in tho conditional list of December 23, 
 1914, may be regarded as transferred to the list of absolute contraband. Harness and saddlery 
 (Article 11) remain conditional contraband unless it falls witliin .Vrticle 10 of the absolute list 
 of December 23. 
 
 I am, etc. 
 
 Cecii. Sprim; Rick.
 
 COXTEABAXD OF WAR. 19 
 
 FRENCH CONTRABAND. 
 
 File .\'(). 70:',. 72112/120. 
 
 Ambassador Herrick to the Secretani of Staff. 
 
 [Telejiram — Extract . | 
 
 American- Embassy, 
 
 Panti, September 3, 1914. 
 The lists of absolute und conditional contraband notified In- publication in the Journal 
 Officiel of 11th August, 11114, are substituted for those contained in artich-s 22 and 24 of the 
 declaration. Notices ])ubli.shed in the Journal Officiel shall eventually make known any new 
 additions or modifications to said lists. • 
 
 Hekrick. 
 
 J()UHX.\I, OFFICIEL. 
 
 Aufni-^tll, 1014. 
 
 The Government of the Republic advises those wliom it may concern that, pending hostilities, it will regard as 
 •contraband, the follo-wino; articles, viz: 
 
 ABSOHTTE CONTBABANU. 
 
 (1) Arms of ever)- kind, including hunting pieces and detached component i)arts thereof. 
 
 (2) Projectiles, cannon cartridges, and cartridges of every kind and detached component jiarts thereof. 
 
 (3) Powders and explosi\es especially adapted for use in war. 
 
 (4) Gun caniages, ammunition wagons, forecarriage.*, vans, field forges, and detached component parts thereof. ; 
 
 (5) Distinctive articles of military dotliing and equipment. 
 (G) All kinds of distinctively inilitarj- harness. 
 
 (7) Sa(.ldle, draught, and ])ack animals capable of being used in war. 
 
 (8) Camping material and detached distinctive parts thereof. 
 (9j Armor jjlate. 
 
 (10) Warships and war craft and detached parts thereof, distinctively recognizable as fit for use on warships only. 
 
 (11) Implements and machinery exclusively intended for the manufacture of war munitions, for the manufacture 
 and repair of arms and of military material, for use on land or sea. 
 
 (12) Aerostats and aeronautic appliances, detached constituent parts thereof, as well as accessories, articles and 
 materials specifically adapted to aerostation or aWation. 
 
 CONDITIONAL CONTRAB.\ND. 
 
 (1) Victuals. 
 
 (2) Fod<lor and grain, suitable as animal footl. 
 
 (3) Clotliing and material therefor, footwear suitable for military use. 
 
 (4) Gold and silver coin and bullion; paper representing money. 
 
 (5) Veliicles of every sort, adapted to war uses, also detached parts thereof. 
 
 (G) Ships, boats, and small craft of every kind, floating docks, parts of dry docks, as well as detached i>arts thereof. 
 
 (7) Railway material, stationary or roUing stock; telegraph, wireless, and telephone material. 
 
 (8) Fuel, lubricants. 
 
 (9) Powders and exjdosives not especially designed for warfare. 
 
 (10) Barbed wire, as well as the tools suitable for stringing or cutting it. 
 (U) Horseshoes and farriery material. 
 
 (12) narnes,sing and saddlery articles. 
 
 (13) Field glasses, telescope.*, chronometers, and the various nautical instruments. 
 
 File No. 7G3.72ir2/19G. 
 
 Ambassador Ihrncl- to the Secretari/ of State. 
 [Telegram.] 
 
 American Embassy, 
 
 Paris, October 20, 1914- 
 French Government has added following articles to list of conditional contraband of war: 
 1, iron and steel, as well as the oxides, sulphides, and carbonates of iron; 2, copper; 3, lead: 
 4, nickel; 5, chrome iron; 6, glycerhie; 7, hides; S, pneumatic and solid tires for automobiles, 
 as well as the materials used in their manufactiu-e. 
 
 Herrick.
 
 20 CONTRABAND OF WAR. 
 
 File No. 7()3.721 12/422. 
 
 Ambassador Ihrrick to the Secretary of State. 
 
 [Extract.] 
 
 No. 757.] Amekicax E.mba.s.sy, 
 
 Paris, November IS, 191 J,. 
 
 Sir: I have tlio lioiior to iiiflos(^ Itorcwith in copy and translation the decree of November 
 6, iyi4, modifying and amplifying the decree of August 25, 1914, relating to absolute and 
 conditional contral)an(l of war. This decree was telegraphed to the (h-partment in my No. 
 263 of the 9th instant with certain unimportant omissions. 
 
 I have, etc., Myron T. Herrick. 
 
 • [Inclosiirc — TransLuion.) 
 
 The President of the French Repuhlic, acting on the report of the president of the council, of (he minister 
 for foreign affairs, and of the niiiusters of war, navy, and colonies, in view of the decree of August 20, 101-1, 
 
 Decrees: 
 
 Art. 1. The declaration signed in London the 20 Kebruiiry, 1909, concerning the law nf naval warfare, .-.hall 
 be applied during the present war, subject to the following additions and amendments: 
 
 1. 
 
 The following articles shall be con.sidered as absolute CdUtraiiand: 
 
 1. Arms of all kinds, including arms for sporting purposes, and their distinctive component iiarts. 
 
 2. Projectiles, charges, and cartridges of all kinds and their ilistinctivo component ]iarlS. 
 
 3. Powder and explosives specially prepared for u.se in war. 
 •1. Sulphuric a<'id. 
 
 5. Gun mountings, linilicr boxes, limbers, military wagons, (ield forges, and their distincli-\-e con)])onent 
 parts, 
 
 <). Telemeters and their distinctive com])onent parts. 
 
 7. Clothing and equipment of all kinds of a distinctively military character. 
 
 8. Saddle, draft, and pack animals suitable for use in war. 
 
 9. All kinds of harness of a diKtincti^•ely military character. 
 
 10. .Articles of camp equipment and their distinctive component part.s. 
 U. Armor plate. 
 
 12. Hematite iron ore au<l pig iron. 
 
 13. Iron p_\Tites. 
 
 14. Nickel ore and nickel. 
 
 15. Chrome iron. 
 
 16. Raw copper. 
 
 17. Lead in ingots, sheets, or piping. 
 
 18. Aluminum. 
 
 19. Ferrosilicate. 
 
 20. P)arbe<l wire and instruments used for fixing an<l cutting the same. 
 
 21. Warships, including boats and their distinctive component jiarts of such a nature that tlicy can only be used 
 on a vessel of war. 
 
 22. Aeroplanes, aerostats, oalloons, and airships of all kinds and their distinctive com]>()n<'nt ]xirts, also 
 accessories, articles, and supplies of such a nature that they can only be used for air na\iaatiiin nr a\iatioii. 
 
 23. Automobiles of all kinds and their component parts. 
 
 24. Pneumatic tires, rubber. 
 
 25. Mineral and motor oils, exclusive of lubricating oils. 
 
 2(j. Implements and apparatus designed e.xclusively for the manufacture of nnmitiuns uf war, frir llii; 
 manufacture or rejjair of arms or war material for use cm laud or sea. 
 
 II. 
 
 The following articles shall be con.sidered as conditional contraband: 
 
 1. Foodstuffs. 
 
 2. Forage and giain suitable for leading animals. 
 
 3. Clothing, fabrics for clothing and bfiots and shoes suitable for use in war, 
 •1. Gold and silver in coin or bullion: pa]ier money. 
 
 5. ^'ehicle^ of all kinds other than automobiles and suitable for use in war, and their component ])arts. 
 G. Vessels, craft, and boats of all kinds; floating docks and their parts. 
 
 7. Railway material, both fixed and n.lling stock, and material for telegraphs, wireles.-i telcgra])hs, and 
 telephones. 
 
 8. Fuel, other tlian mineral oil; hdiricants. 
 
 9. Powder and explosives not specially prepared for uso in war. 
 
 10. Sulphur. 
 
 11. Glycerin. 
 
 12. Horseshoes and shoeing materials.
 
 COXTRABAXD OF WAR. 21 
 
 13. Harness and saJdlery. 
 
 14. Hides of all kinds, dried or fresh, pigskin raw or manufactnred, loathor inanulartiirml or not suitable for 
 making saddles, harness, and l)oota for military use. 
 
 15. Field glasses, telescopes, chronometers and all kinds of nautical instruments. 
 
 III. 
 
 A neutral vessel whose ship's papers indicate a neutral destination and which in spite of her neutral destina- 
 tion enters an enemy's port, becomes liable to capture and confiscation if she is encoiintere<l before having complete'l 
 
 )ier subsequent voyage. 
 
 IV. 
 
 The destination referred to in .\rticlo .33 of the Declaration of London apart from the j>reBiimptions covered by 
 article 34 is presumed to exist if the merchandise is consigned to or for an agent in tlie enemy country. 
 
 Notwithstanding the provisions of Article 3.5 of the Declaration of London, conditional contraband is liable to 
 capture if found on l)oard a ship bound for a neutral port, when the merchandise is consigned to order or when 
 the ship's papers do not specify a consignee in the territory belonging to or occupied by the enemy. In the 
 aliove-mentioned case it is incumbent u|)on the owners of the merchandise to pro^•e that the defitination 
 waa innocent. 
 
 VI. 
 
 When it shall be proved to the Government of the Republic that an enemy's Government derives from a 
 neutral country, or by transit through a neutral country, provisions for its arme<l forces, necessary measures shall 
 Ix; taken to the end that article 35 of the Declaration of London shall not apply to ships bound for such 
 neutral country. Such measure shall 1)0 published in the Journal Officiel and .-sliall remain in force until rc8cin<led; 
 during which period ships transporting conrlitional contraband to a port of said neutral country Bhall not be exempt 
 from capture. 
 
 .\rt. 2. Notices shall lie published from time to time in the .Journal Officiel rojardiiig any new additions or 
 amendments to the list of articles of contraband specified in the present decree. 
 .\rt. 3. Decree of -August 25, 1914, is cancelled. 
 
 .\rt. 4. The Ministers for Foreign .\ffairs, Marine, and Colonies are dircdcd to carry out the i>resent decree, in 
 :*) far as their respective departments an^ concerned. 
 BoHi>E.\u.x. November 6. lf)li. 
 
 (Signcl; K. Poixcark. 
 
 Tlie Presiilent cif the ('aliinet; 
 
 (Signe<l) Kkxe Viviam. 
 
 The Minister for I'orei'^'u Affairs: 
 
 (..Signed; Deix^assk. 
 
 Till- Minister of War: 
 
 (Signefl) A. Miilerand. 
 
 Tlie Minister of Marine jier interim: 
 
 (Signed) Rexk Viviaxi. 
 
 Tlie Minister of Colonies: 
 
 (Signed) Gastox Doi:merolk. 
 
 Kile No, 763,72112/570. 
 
 Consul General Thackara to tlie Secretary of State. 
 
 [Telegram — Paraphrase , ] 
 
 American" Consulate General, 
 
 Paris, January J^, 191'). 
 Mr. Thackara stales that by lU-cri-o of .laimarv 2, l!)l.5, addition.^ are made to coiitra- 
 haiid list. 
 
 ('rraiislatiori.] 
 
 .Tounial (lllici 1, .laiiiiary 3. 1<I15. PaL'e 23. 
 
 Ministry of Foreign ASairs — Announcement Relative to War Contraband. 
 
 Conformably with the iiro\H8ion8 of article 2 of the <Iecree of November 0. 1914, relative to the application during 
 the course of the present war of tlie rules of international nuiritime law, notice is given that the war contraband li.«ts 
 e-tablished by the said decree of November (J. 1914. are superseded by the following lists: 
 97666°— 15 4
 
 22 COXTRABAXD Of WAR. 
 
 I. ABSOLUTE CONTRABAND. 
 
 1. Weapons of every kind, including liunting and sporting arms, as well as detached distinctive parts tliereof ; 
 
 2. ProjccfUes, gun cartridges (charges) and cartridges of every sort and their detached recognizable parts; 
 
 3. Powders and explosives especially designed for war; 
 
 4. The raw materials of explosives, viz: nitric acid, sulphuric acid, glycerine, acetone, acetate of calcium and all 
 other metallic acetates, sulphur, nitrate of potassium, and products of the distillation of tar, from benzol to cresol 
 inclusive, aniline, methylaniline, dimethylanilirie, perchlorate of ammonium, perchlorate of sodium, chloiate of 
 sodium, cUorate of barium, nitrate of ammonium, cyanamide, chlorate of potaaaium, nitrate of calcium, mercurj'. 
 
 5. Resinous products, camphor and thercbeutlune (oil and essence). 
 
 6. Gun carriages, ammunition wagons, \'ans, field forges and their detached distinctive parts. 
 
 7. Telemeters and their detached distinctive parts. 
 
 8. Distinctive articles of military clotliing and equipment of evorj' kind. 
 
 9. Saddle, draft, and pack animals suitable for use in war. 
 
 10. All kinds of militan.' harness of a distinctively military'' character. 
 
 11. Articles of camp equipment and detached component parts thereof. 
 
 12. Armor plate. 
 
 13. Iron alloys, including ferrotungsten, ferromolybdeuum, ferromanganese, ferrovanadium, ferrochrome. 
 
 14. The following metals: Tungsten, molybdenum, vanadium, nickel, selenium, cobalt, hematite, pig iron, 
 manganese. 
 
 15. The following ores: Wolframite, scheelite, molybdenite, ores of manganese, nickel, hematite (iron) zinc, 
 lead, bauxite. 
 
 16. Aluminum, alumina and alumina salts. 
 
 17. Antimony, also the .^ilphites and oxides of antimony. 
 
 18. Unwrought or partly wrought copper, and copper wire. 
 
 19. Lead in ingots, slieet, or pipe. 
 
 20. Barbed wire and tools used for stringing or cutting same. 
 
 21. Warships, including small boats and their detached component parts, specifically adapted for use on war 
 vessels only. 
 
 22. Submarine phonic signaling appliances. 
 
 23. All kinds of aeroplanes, aerostats, balloons and airalujjs, their detached parts, as well as accessories, articles 
 and materials recognizable as intended lor use in aerostation or aviation. 
 
 24. All kinds of automobiles, and detached parts thereof. 
 
 2.5. Air pumps and bandages for automobiles and bicycles as well as the articles and materials especially adapted 
 for use in their manufacture or repair. 
 
 26. Rubber (inclusive of crude, scrap, and remanufacturedj as well as articles wholly composed of rubber. 
 
 27. Iron pyrites. 
 
 28. Mineral oils and motor essences. 
 
 29. Implementsandapparatusexchisivelyintendedfor the manufacture of war munitions, the manufacture or 
 repair of arms or of war material for use on land or sea. 
 
 II. CONDITIONAL CONTRABAND. 
 
 1. Victuals. 
 
 2. Fodder and any material fit as animal feed. 
 
 3. Wearing apparel, fabrics for clothing, footwear suitable for militarj' use. 
 
 4. Gold and siher, coined or in ingots, paper representing money. 
 
 5. Vehicles of everj' kind, other than automobiles and available for use in war as ".fell as detached parts thereof. 
 
 6. Vessels, boats and small craft of ever}' sort, floating docks, parts of drj'-docks, as well as detached parts thereof. 
 
 7. Railway material — both fixed and rolling-stock — and telegraph, wireless, and telephone material. 
 
 8. Fuel, other than mineral oils; also lubricants. 
 
 9. Powders and explosives not especially prepared for use in war. 
 
 10. Horsealioes and farrier>' materials. 
 
 11. Harness and saddler.'. 
 
 12. All kinds of skins, dried or raw, pigskins, dressed or undressed; liides, prepared or unprepared; suitable for 
 the manufacture of saddles, harness, or boots for military use. 
 
 13. Field glasses, telescopes, chronometers, and divers nautical instruments. 
 
 File No. 763.72112/579. 
 
 Ambassador Sharp to the Secretary of State. 
 
 [Telegram.] 
 
 American Embassy, 
 
 Paris, January 5, 1915. 
 British Embassy informs mc that British and French hsts of contraband now correspond 
 absolutely. 
 
 Sharp.
 
 CONTKABAXD OF WAR. 23 
 
 File Xo. 763.72112/954. 
 
 Ambassador SJiarp to the Secretary of State. 
 
 No. 322.] American Embassy, 
 
 Paris, March 16, 1915. 
 Sir: I have the honor to transmit herewith a copy and translation of the notification of 
 March 12, by which a number of articles were added to tlie list of contraband of war or trans- 
 ferred from the conditional to the absolute class. 
 
 The substance of this notification was telegraphed ou March 12, 191.5. 
 I have, etc., 
 
 W.M. G. Sharp. 
 
 [Inclosure— Translation .) 
 
 Notification Relative to Contraband of War. 
 
 In accordance with the provisions of article 2 of the decree of Xovembtir 0, 1914 notice is jijiven that the following 
 adtlitions and modifications are applied to the lists of articles of contraband of war published in the Journal Officiel 
 of 2-3 Januarj', 1915: 
 
 I. ABSOLUTE CONTRABAND. 
 
 The following articles are added to the list of absolute contraband or henceforth classed as such: 
 
 30. Raw wool, wool combed or carded, yams of wool combed or carded, wool waste. 
 
 31. Tin chloride of tin and tin ore. 
 
 32. Castor oil. 
 
 33. Parafiine wax. 
 
 34. Iodic copper. 
 
 35. Lubricating substances formerly classed in paragraph 8 of the list of conditional contraband. 
 
 36. The hides of cattle, buffaloes, and horses, hides of calves, pigs, .^heep, goats, and deer, leather manufactured 
 or not suitable for making saddles, harness, boots, or clothes for military use (formerly in paragraph 12 of the list of 
 conditional contraband, which is omitted and replaced by 13). 
 
 37. Ammonia and its salts, simple or compound, li(iuid ammonia, urea, aniline, and their compounds. 
 
 11. CONDITIONAL CONTRABAND. 
 
 Are added : 
 
 13. Tanning materials of all kinds (inclnding extracts used for tanning). 
 
 It is also specified that the terms foodstuffs and forage and grain suitable for feeding animals used in articles 1 
 and 2 of the list of conditional contraband include oleaginous seeds, ntits and almonds, animal and vegetable oila 
 ;ind greases used in the manufacture of margarine (excepting linseed oil); also cakes and meals made from oleaginous 
 seeds, nuts, and almonds. 
 
 RUSSIAN CONTRABAND. 
 
 Kile Xo. 763.72112/902. 
 
 Charge Wilson to the Secretary of State. 
 
 Xo. 70.] American Embassy, 
 
 Petrograd, February 26, 1915. 
 Sir: Referring to the department's circular telegraphic instruction. No. 20, repeated from 
 London, I have the honor to inclose herewith five copies of the Russian prize laws, together 
 ^\^th the recent modifications thereof. The foreign office states that further slight modifica- 
 tions will shortly be decreed in order to make the Russian law conform in all respects to the 
 English law. 
 
 I have, etc. 
 
 Charles .S. Wil.sox. 
 
 [Inclosure 1— Translation.) 
 Order for the,\.^vy- .wd for the Marine Department. 
 
 No. ;W. Petrograd, September 9, 1914- 
 
 I hereby proclaim, for enforcement in the na^'y and in the marine department, the imperial edict published in 
 the Collection of Laws and Measures of the Government (1914, Xo. 249, p. 2:!52) and addressed to the Governing Senate 
 ou September 1 last, together with the rules on naval warfare worked out by the London Maritime Conference of 
 1908-9.
 
 24 CONTKABAXD OF WAi;. 
 
 In this conneclioii, in view of liie importance of an exact application of the said niles to practice, I prescribe fur 
 guidance the appended explanatory note regarding the bringing of the existing regulations on naval prizes into harmon\- 
 with said rides. 
 
 (Signed) Adjiitant General Gmoorovich, 
 
 Minister of Marine. 
 
 I.Mri:liIAI. DECREE. 
 
 Applying the rules of naval warfare as worked out by the London Conference of 1908-9, with some 
 changes and additions and an explanatory note regarding the bringing of the regulations on naval 
 prizes into harmony with the rules on naval warfare. Petrograd, 1914. 
 
 Imperial Edict to the Governing Senate. 
 
 Having found it nece.s.sary, in con.^crnicnce of an agreement reached with the allied French and British Govern- 
 ments, to apply, a.s a temporary measure, the rules on the law of maritime war as prepared by the London Maritime 
 Conference of 1908-9, with some changes and additions, and having approved the conclusion of the Cotincil of Ministers 
 on this subject, I order: 
 
 That, dtu-ing the present war, there be applied in this connection the rules on naval warfare worked out by the 
 London Maritime Conference of 1908-9, with the following changes and additions: 
 
 Article 1. 
 
 The following shall be considered as absolute contraband: 
 
 1. All kinds of weapons, including hunting weai)ons, as well as their component parts. 
 
 2. Projectiles and cartridges of all kinds, and component parts thereof. 
 
 3. Powder and explosives specially used in war. 
 
 4. Gun carriages, caissons, limbers, vans, field kitchens, and component parts lliereof. 
 
 5. Articles specially coiuiected with military uniforming and equipment. 
 
 6. Specially military harness of all kinds. 
 
 7. Riding, draft, and pack animals capable of serving for war. 
 
 8. Articles of camp equipage and component parts. 
 
 9. Armor. 
 
 10. War vessels and boats and component parts thereof, not capable, by their nature, of being utilized otherwise 
 than on a war ship. 
 
 11. Instruments and apparatus exclusively designed for the preparation of war stores, for the manufacture and 
 repair of weapons and articles of military equipment, land or naval. 
 
 12. Airships and apparatus for aerial navigation, component ]iarts thereof, as well as appurtenances, articles, and 
 materials particularly designed for aerial navigation or flight. 
 
 The following shall be considered as conditional contraband: 
 
 1. Food suppUes. 
 
 2. Fodder and grasses fit for feeding animals. 
 
 3. Clothing and fabrics for clothing, as well as footwear suited for military needs. 
 
 4. Gold and silver in coin and bullion; paper money. 
 
 5. Vehicles of all kinds, capable of serving for war, as well as component parts thereof. 
 
 6. .Ships, ves.sels, and boats of all kinds, floating docks, parts of docks, as well as component parts thereof. 
 
 7. Railroad equipment, stationary and rolling stock, and telegraph, wireless telegraph, and telephone materials. 
 
 8. Fuel; lubricants. 
 
 9. Powder and explosives not exclusively used in war. 
 
 10. Barbed wire, as well as instniments ser\'ing to fasten and cut it. 
 
 11. Horseshoes and blacksmith equipment. 
 
 12. Harness and saddlery. 
 
 13. Field glasses, telescopes, chronometers, and \ ariou.'^ uaN-igation instruments. 
 
 Article 2. 
 
 A neutral vessel wluch has succeeded in conveying contraband to the enemy with false papers may be seized 
 tor the conveyance of such contraband if encountered before completing its return voyage. 
 
 Article 3. 
 
 The destination mentioned in article 33 of the rules on naval warfare as elaborated by the London Maritime Con- 
 ereuce may be proven by any sufficient evidence, and shall be presumed to exist not only in the case contemplated 
 in ai'ticle 34, but also if the goods are consigned to an agent of the hostile nation or for him, or to a trader or other 
 person serving the authorities of the hostile nation, or for such trader or person. 
 
 Article 4. 
 
 The existence of a blockade .shall be presumed to be known: 
 
 (a) To all vesfiels which have left a hostile port or have entered such a port during such a period following the 
 notification of the local authorities of the blockade as may appear sufficient in order that the hostile government may 
 make it known. 
 
 (6) To all vessels which have left a Russian or allied j^irt or have entered such a port after the publication of the 
 declaration of the blockade.
 
 CONTRABAND OF WAR. 25 
 
 Article 5. 
 
 In modification of the provisions of article 35 of the rules of the London Maritime Conference, conditional con- 
 iraljand shall be liable to seizure, provided the destination mentioned in article 33 is proven, no matter what port 
 the vessel may be bound for and no matter what port the cargo is intended to be discharged in. 
 The Governing Senate shall not fail to take the proper measures for the enforcement hereof. 
 Original signed in Kin Majesty's own handwriting. 
 
 Nicholas. 
 Ts.\RSKOYE Syelo, September l. 1914. 
 Countersigned: 
 
 State Secretarj' Goremtkix, 
 
 President of the Council of Ministers. 
 
 (Inclosure 2— Translation.] 
 ORDER FOR THE NAVY AND FOR THE MARINE DEPARTMENT. 
 
 No. 435.] Petrograd, December 19, 1914. 
 
 I herel)y proclaim for enforcement in the navy and in the marine department the imperial edict published in 
 the Collection of Laws and Meastires of the Government (1914, No. 347, p. 3310) and addressed to the Governing Senate 
 on December 8, superseding articles 1-5 of the similar edict of September 1 of this year (Collection of Laws No. 249. 
 p 2352) on the application of the niles of naval warfare as worked out at the London Maritime Conference of 1908-1909. 
 .Vt the same lime I prescribe henceforth for guidance the "Explanatory note" appended to my order No. 304 of 
 September 9, as well as the supplement thereto appearing hereinafter. 
 
 (Signed) Adjutant General Grioorovich, 
 
 Minister of Marine. 
 imperial decree. 
 
 Imperial edict to the Governing Senate. 
 
 Having found it necessary, in consequence of the agreement with the allied French and British Governments, 
 to amend and supplement articles 1-5 of our edict addressed to the Governing Senate on September 1 of this year 
 u'ltllection of Laws, p. 2352). and applying the rules of naval warfare as elal)orated at the London Naval Conference 
 <if 1907-1909, and having approved the conclusion of the council of minisiers on this subject, we command: 
 
 That articles 1-5 of the said edict be superseded by the following: 
 
 Article 1. 
 
 The following shall l)o considered as absolute contraband: 
 
 1. AH kinds of weapons, including hunting and sporting, as well as component parts thereof. 
 
 2. Projectiles and cartridges of all kinds and their component parts. 
 
 3. Powder and explosives especially used in war. 
 
 4. Sulphuric acid. 
 
 5. Gun carriages, caissons, limbers, vans, field kitchens, and component parts. 
 
 6. Range finders and component parts thereof. 
 
 7. All kinds of articles of militarj- uniforming and equipment . 
 
 8. Riding, pack, and draft animals capable of use in war. 
 
 9. Military horse equipment of all kinds. 
 
 10. Articles of camp eqtiipage and comjjoncnt parts. 
 
 11. Armor. 
 
 12. Hematite ore and cast iron derived from hematite, in pigs. 
 
 13. Iron pyrites. 
 
 14. Nickel ore and nickel. 
 
 15. Chromic iron ore and chromic ore. 
 
 16. Copper, unelaborated. 
 
 17. Lead in pigs, sheets, and tubes. 
 
 18. Aluminum. 
 
 19. Ferrosilicate. 
 
 20. Barbed wire, as well as instruments for fastening and cutting it. 
 
 21. \Var ships and lioats and their component parts, of such a nature as not to bo utilizable otherwise than on a 
 war ship. 
 
 22. Aeroplanes, airships, balloons, and appliances for aerial navigation of all kinds, component parts, and appur- 
 tenances, articles, and materials particularly intended for aerial navigation or flight. 
 
 23. Automobiles of all kinds and component parts thereof. 
 
 24. Automobile tires, rtibber. 
 
 25. Mineral oils, benzine, and other liquid fuel for internal combustion motors, with the exception of lubricat- 
 ing oils. 
 
 20. Instruments and appliances exclusively intended lor the preparation of military stores, for the manufacture 
 and repair of weapons and articles of military equipment, land and naval. 
 The following shall be considered as conditional contraband: 
 
 1. Food supplies. 
 
 2. Fodder and alimentary substances for animals. 
 
 3. Clothing and fabrics for clothing, as well as footwear, suitable for military needs. 
 
 4. Gold and silver in coin and bullion, pajier money.
 
 26 CONTRABAND OF WAR. 
 
 5. Vehicles of all kinds (except automobiles) capable of serving in war, as well as component parts thereof. 
 
 6. Ships, vessels, and boats of all kinds, floating docks, parts of docks, and component parts thereof. 
 
 7. Railroad equipment, stationary and rolling stock, materials for telegraphs, wireless telegraphs, and telephones. 
 
 8. Fuel, with the exception of mineral oils, benzine, and other liquid fuel for internal combustion motors; lubri- 
 cating oils. 
 
 9. Powder and explosives not exclusively used in war. 
 
 10. Sulphur. 
 
 11. Glycerine. 
 
 12. Horseshoes and blacksmith equipment. 
 
 13. Harness and saddlery. 
 
 14. Skins and leather of all kinds, raw and dried: pigskin (elaborated or unelalwratedV raw or prepared leather 
 for saddles, harness, or military footwear. 
 
 15. Field glasses, telescopes, chronometers, and various na^•igation instruments. 
 
 AnncLE 2. 
 
 A neutral vessel whose papers show a neutral destination. l)ut which, in spite of the destbiation appearing from 
 its papers, proceeds to a hostile port, shall be liable to seizure and confiscation if encountered before the completion 
 of its next voyage. 
 
 Article 3. 
 
 The destination as contemplated in article 33 of the rules on naval war as prepared by the London Maritime Con- 
 ference shall be presumed to be proven not only in the cases enumerated in article 34 of said rules, but also in case the 
 goods are consigned to the agent of or for a hostile nation. 
 
 Article 4. 
 
 Contrary to article 35 of the rules on naval war as prepared by the London \aval Conference, articles of conditional 
 contraband shall be liable to seizure on a vessel proceeding to a neutral port if the goods are sent "to order" or if the 
 sliip's papers do not indicate the consignee of the goods or indicate a consignee in the hostile territory or a territory 
 occupied by the enemy. 
 
 In the cases referred to in the present article, the burden of proof that the destination of the goods was lawful shall 
 rest upon the owners thereof. 
 
 Article 5. 
 
 If the Russian Government becomes convinced that a hostile government is obtaining supplies for its armed forces 
 from or through any neutral country, it shall be the duty of the marine department, with the consent of the minister 
 of foreign affairs, to take the necessary measures in order that article 35 may not he applicable to vessels sailing to 
 the porta of such coiintry. The order to this effect shall be published in the Collection of Laws and Measures of the 
 Government, and shall remain in force until repealed. While such order remains in force a ve8.sel conveying con- 
 ditional contraband to the ports of the said couiUry shall not be exempt from seizure. 
 
 The Governing Senate shall not fail to take the proper measures for the enforcement hereof. 
 Signed on the original in His Majesty's own handwriting: 
 
 Nicholas. 
 Ryaz.^n, December 8, 1914- 
 Countersigned : 
 
 State Secretary Goremykin, 
 
 President of the Council of Ministers. 
 
 (To the order for the Navy and for the Marine Department of Dec. 19, 1914, Xo. J35.) 
 
 Supplement to the " Explanatory note" appended to the order of the naval minister of September 9, 1914, No. 3(M. 
 Firstly. The general references in the introductory part of the "Explanatory note" to the imperial edict of Sep- 
 tember 1 of this year are supplemented by references to the similar edict of December 8 instant. 
 Secondly. The remark to point 1, Section I. shall be superseded by the following: 
 
 "A vessel of neutral nationality whose papers show a neutral destination, but wliich, in spite of the destination 
 appearing from its papers, proceeds to a hostile port, shall be liable to detention and confiscation if encountered before 
 the completion of its next voyage." (Edict Dec. 8, art. 2: cf. Prav.. art. 38.) 
 
 Thirdly. In the beginning and in point 3, Section III, the words "September 1" shall be superseded by 
 "Decembers." 
 
 Fourthly. Under point 4, Section III, the words "or to a trader, or other person, who is serving the authorities 
 of a hostile nation, or for such trader or person." 
 
 Fifthly. Point 5 of the same Section III shall be superseded by the following: 
 
 " Conditional contraband shall be lialile to detention and confiscation not only in the cases in which the seizure 
 is permitted by article 35 of the rules worked out by the London Maritime Conference of 1908-1909, but also in cases 
 when it is found on a vessel proceeding to a neutral port, if the goods are sent "to order," or if the ship's papers do 
 not indicate any consignee of the goods, or if they indicate a consignee on hostile territory or territory occupied by 
 the enemy." 
 
 "In the cases indicated under this point the obligation to prove that the destination of the goods was lawful shall 
 rest upon the owner thereof." (Edict of Dec. 8, art. 4; cf. Prav., art. 35.) 
 
 (Signed) Vice Admiral Rusin, 
 
 Chief of the ^aval General Staff, 
 and Pri\-y Councilor I. Steblix-Kamenski, 
 Acting Solicitor in the Superior Prize Court, 
 
 Solicitor for the Xaval Ministry.
 
 COXTRABAXD OF WAR. 5i i 
 
 GERMAN CONTRABAND. 
 
 File No. 763.72112/121. 
 
 Ambassador Gerard to the Secretary of State. 
 
 [Telegram.] 
 
 American- Emba.ssy, 
 
 Berlin, September 4, 1014- 
 
 I repeat ray August tenth a. m. 
 
 The Foreign Office sends me a list of the articles which the German Government intends to 
 treat as contraband of war in pursuance of the German prize ordinance printed in Reich- 
 gesetzblatt, 1914, No. 4. I fuid the list agrees exactly with article 22,' Nos. 1 to 11, of the 
 Declaration of London, in respect of absolute contraband and to article 24, Nos. 1 to 14, in 
 respect of conditional contraband. The German Government state that the ordinance 
 embodies the substance of the Declaration and that they will apply its provisions if they are not 
 disregarded by other belligerents. They request to be informed what attitude the other powers 
 have a.ssumed. 
 
 Copies of the ordhiance have been mailed to you ami to the London Emba-ssy. 
 
 Gerard. 
 
 FUe No. 763.72112/210. 
 
 [Translation.] 
 
 The German Ambassador to the Secretary of State. 
 
 J. No. A 1801.] Imperial Germ.\x Embassy, 
 
 Washington, October 22, 1914. 
 Mr. Secretary of St.\te: I have the honor to infoma Your Excellency that the Imperial 
 Government has declared copper and lead to be conditional contraband. In consequence thereof 
 I beg Your Excellency kindly to cause the foregoing to be published in accordance with the 
 "Declaration of Literuational Naval Conference" of February 26, 1909. 
 Accept, etc., 
 
 For the Imperial Ambassador: 
 
 Haniel. 
 
 • AETICLE 22 OF THE DECLAKATIOX OF LOST)OX. 
 
 The foUovring articles may, without notice, be treated as contraband of war under the name o[ absolute contraband: 
 
 (1) .Vrms of all kinds, including arms for sporting purposes and their distinctive component parts. 
 
 (2) Projectiles, charges, and cartridges of all kinds, and their distinctive component parts. 
 
 (3) Powder and e.xplosive3 specially prepared for use in war. 
 
 (4) Gun moimtings, limber boxes, limbers, military wagons, field forges, and their distinctive component parts. 
 (.5) Clothing and equipment of a distinctively military character. 
 
 (B) .Vll kinds of harness of a distinctively military character. 
 (7) Saddle, draft, and pack animals suitable for use in war. 
 
 (5) Articles of camp equipment and their distinctive component parts. 
 
 (9) .^rmor plates. 
 
 ( 10) Warships, including boats, and their distinctive component part^ of such a nature that they can only b« used on a vessel of war. 
 
 (11) Implements and apparatus designed exclusively for the manufacttire of munitions of war, for the manufacture or repair of arms, or war 
 material for use on land or sea. 
 
 ABTICLE 24 OF TBE DECI.AR.VTIOS OF lOSDOX. 
 
 The following articles, susceptible of use in war as well as for purposes of peace, mar, without notice, be treated as contraband of war under 
 the name of conditional contraband: 
 
 (1) Foodstuffs. 
 
 (2) Forage and grain, suitable for feeding animals. 
 
 (3) Gothing, fabrics for clothing, and boots and shoes, suitable for use in war. 
 
 (I) Gold and sOver in coin or bullion; paper money. 
 
 (5) Vehicles of all kinds available for use in war, and their component parts. 
 
 (6) Vessels, craft, and boats of all kinds; floating docks, parts of docks, and their component parts. 
 
 (7) Railway material, both fixed and rolling stock, and material for telegraphs, wireless telegraphs, and telephones. 
 
 (S) Balloons and flying machines and their distinctive component parts, together with accessories and articles recognizable as intended for 
 use in connection with balloons and flying machines. 
 
 (9) Fuel; lubricants. 
 
 (10) Powder and explosives not specially prepared for use in war. 
 
 (II) Barbed wire and implements for fixing and cutting the same. 
 
 (12) Horseshoes and shoeing materials. 
 
 ( 13) Harness and saddlery. 
 
 (U) Field glasses, telescopes, chronometers, and all kinds of nautical instruments.
 
 1 
 
 28 CONTRABAND OF WAR. 
 
 File No. 763.72112/403. 
 
 Ambassador Gerard to (lie Secretary of State. 
 
 [Telegram.] 
 
 American Embassy, 
 
 Berlin, Novemher 19, 1914. 
 Nineteenth. Proclainiitiou of Xovoraber 17th defiues all rough or uiiworkecl lumber as 
 conditional contraband under number nine or article twenty-three of German prize ordinance 
 because susceptible of use as fuel. Exceptions are lignum vitje, palisander, ebony, and similar 
 woods and all woods greatly enhanced in value through working by hand or machine. 
 
 Gerard. 
 
 Kle No. 763.72112/410. 
 
 AnihattKudor Gerard to ilie Secretary of State. 
 
 [Tclo»i-ain.] 
 
 American Embassy, 
 
 Birlui, Xovemher 23, 1914. 
 German Government has achl(>d following to list of conditional contraband: 
 No. 17. Woods of all kinds, rough or worked, that is hewn, sawed, planed, grooved, etc.; 
 cylinder tar. 
 
 No. 18. Sulphur, crude or refined, and sulphuric acid. 
 
 Gerard. 
 
 File No. 763.72112/475. 
 
 Ambassador Gerard to the Secretary of State. 
 
 No. 280.] American Embassy, 
 
 Berlin, November 23, 1914. 
 Sir: I have the honor to transmit to j^ou herewith translations of two notes received from 
 the imperial foreign office conveying notification of acUlitions to the original lists of articles 
 regarded as contraband by the German Government, which, as reported in my telegram of 
 August 10, 1 p. m., corresponchnl iu all respects with articles 22 and 24 of the Declaration of 
 London. 
 
 I have, etc. 
 
 James W. Gerard. 
 
 [Inclosiire 1 — TraiislaLion.] 
 
 Foreign Office. No, llla. 17064— 81116. 
 
 NOTE VERB.\LE, 
 
 In supplement to its note verbale of August 6, 1914. II la. 9222, the foreign offit-e lias the honoi to inform the 
 embassy of the United States of America that during the present hostilities the fc llowing materials will be consideied 
 as conditional contraliand liy Germany in aiUlition to the articles and materials designated under No, 11. 1-14: 
 
 15. Copper (unworked) and 
 
 16. Lead in blocks, plates or tubes. 
 
 The foreign office begs that the embassy if the t'nited Stales of .Vnierica will kimlly iufurm its Oovernmeiil of 
 the above as soon as ijossible. 
 Berlin, October .';.', l'J14. 
 
 |liK-losure 2— 'rraitilalion,) 
 Fcreign Office, No, Ilia, 19785— 92997. 
 
 NOTE VERB.\LE. 
 
 In supplement to its notes verbales of August 6, 1914, and October 22, 1914. Ilia, 9222 and 17064, the foreign 
 office has the honor to inform the embassy of the United States of America that during the i)resent hostilities the 
 following will be considered by Germany as <(inditional contralrand in addition to the articles and materials desig- 
 nated under 11, 1-16: 
 
 17, Woods of all kinds, rough or treated (in particular hewn, sawed, i)laned. grooved), charcoal cylindci- tar, 
 
 18. Sulphur, crude or refined, sulphuric acid. 
 
 The foreign office begs that the embassy will kindly notify its Go\ernment of the almve as soon a.s possible, 
 Berlin, November 2S, 1914.
 
 COXTB.VBASD OF WAE. 29 
 
 File No. 763.72112/529. 
 
 Ambassador Gerard to the Secretary of State. 
 
 No. 307.] American EsrBASST, 
 
 Berlin, December 3, 1914- 
 Sir: With reference to m}' dispatch No. 280, dated November 23, 1914, I have the honor 
 to transmit to you herewith a copy, in translation, of a note received from the imperial German 
 foreign office, dated NovemV^er 30, 1914, in reply to an inquiry addressed by me to the foreign 
 office to ascertain whether Germany regards quebracho wood in logs as contraband of war. It 
 appears from the note of the foreign office that quebracho wood is held by the German Govern- 
 ment to fall under the order of the imperial chancellor of November 23, 1914, and to be con- 
 sidered as conditional contraband. 
 I have, etc. 
 
 James W. Gerard. 
 
 (Inclosure— Translation.) 
 Foreign Office. IIIa.19627— 95869. 
 
 NOTE TERBALE. 
 
 The foreign office has the honor to inform the embassy of the United States of America, in reply to the note verbale 
 of the 20th instant (F. O. No. 1165), that quebracho wood Ls not to be considered as fuel within the meaning of article 
 23, No. 9, of the German prize ordinance, nor to be deemed contraband for this reason. 
 
 However, by an order of the imperial chancellor, dated November 23, 1914, Reichs-Gesetzblatt, page 481, all 
 kinds of woods have been expressly declared to be conditional contraband, and quebracho wood in logs is included in 
 such declaration. 
 
 Berlin, November 30, 1914. 
 
 File No. 763.72112/528. 
 
 Ambassador Gerard to the Secretary of Slate. 
 
 No. 312.] American Embassy, 
 
 Berlin, December 8, 1914- 
 Sir: With reference to the department's cable, No. 749, of December 3, 1914, and to my 
 dispatch. No. 280, of November 23, 1914, I have the honor to transmit to you herewith three 
 copies of the Reichs-Gesetzblatt, 1914, No. 101, containing the proclamation of the German 
 Government relative to the treatment of wood, cylinder tar, sulphur, and sulphuric acid as 
 conditional contraband. 
 I have, etc. 
 
 James W. Gerard. 
 
 [Inclosure— Translation.] 
 Reichs-Gesetzblatt. Year 1914. No. 101. 
 
 (No. 4549.) Addition to the prize ordinance of September 30, 1909 (Reichs-Gesetzblatt, 1914, p. 275), of Novem- 
 ber 23, 1914. 
 
 I hereby prescribe in addition to the ordinance of October 18, 1914 (Reichs-Gesetzblatt, p. 441), that in the prize 
 list of September 30, 1909, under the numeral 23, the following two further numbers be subjoined: 
 
 17. Woods of everj- kind, in tlie rough or manufactured (especially also cut, sawn, planed, grooved), wood-tar. 
 
 18. Sulphur, raw or refined, sulphuric acid. 
 Berlin, November 23, 1914. 
 
 Vice Imperial Chancellor, DELBRfJCK. 
 
 File No. 763.72112/577. 
 
 Ambassador Gerard to the Secretary of State. 
 
 No. 340.] American Embassy, 
 
 Berlin, December 15, 1914. 
 Sm: With reference to my telegram of even date, I have the honor to transmit to you here- 
 with five copies of a proclamation of the German Government, dated December 14, 1914, declar- 
 ing aluminum and nickel to be conditional contraband. A translation of the proclamation is 
 likewise appended. 
 I have, etc. 
 
 James W. Gerard. 
 
 97666°— 15 5
 
 30 CONTBABAND OF WAR. 
 
 [Inclosure 1— Translation.) 
 
 Reichsgesetzblatt, 1914. No. 112. 
 
 Supplemeyit to the prize ordinance of September SO, 1909. {Reichsgesetzblatt, 1914, page 275.) 
 
 In supplement to the order of November 23, 1914 (Reichsgesetzblatt, page 481), I hereby order that the following 
 two numbers shall be added to article 23 of the prize ordinance of September 30, 1909; 
 
 19. Aluminum. 
 
 20. Nickel. 
 
 Berlin, December 14, 1914. 
 Vice the Imperial Chancellor, 
 
 (Signed) Delbeijck. 
 
 [Inclosure 2— Translation.) 
 
 Foreign Office. Ill a.21548— 101928.] 
 
 , NOTE VEHBALE. 
 
 The Foreign Office has the honor to inform the Embassy of the United States of America, in supplement to the 
 notes verbale of August G, October 22, and November 23, 1914, Nos. Ilia 9222, 170C4, and 19785 that during the present 
 hostilities the following articles will be considered aa conditional contraband by Germany, in addition to those recited 
 in the notes verbale mentioned, Nos. 1-18: 
 
 19. Aluminum. 
 
 20. Nickel. 
 
 The Foreign Office begs that the Embassy would be good enough to inform its Government of the above as soon as 
 possible. 
 
 Berlin, December 14, 1914. 
 
 File No. 763.72112/1102. 
 
 Ambassador Gerard to the Secretary of State. 
 
 No. 896.] American Embassy, 
 
 Berlin, Afrll 26, 1915. 
 Sir: With reference to my telegram No. 2097, dated April 21, 1915, I have the honor to 
 transmit to you herewith five copies of Reichsgesetzblatt, 1915, No. 49, with translation, 
 contaming the modifications and amendments of the German prize ordinance recently 
 promulgated. 
 
 I have, etc., 
 
 James W. Gerard. 
 
 [Translation.) 
 
 Reichsgesetzblatt 1915. No. 49. 
 
 Ordinance relative to amendments of the prize ordinance of September SO, 1909. 
 
 In retaliation of the regulations adopted by England and her allies, deviating from the London declaration of 
 maritime law of February 26, 1909, I approve of the following amendments of the prize ordinance of September 30, 
 1909, and of its supplements, dated October 18, November 23, and December 14, 1914, for the period of the present 
 war. 
 
 Articles 21, 23, 27, 33, 35, 40, and the additions to Article 23 shall be replaced by the following provisions: 
 Article 21. The following articles and materials, designated absolute contraband, shall be considered contraband 
 of war: 
 
 1. Arms of all kinds, including arms for sporting purposes, and their distinctive component parts. 
 
 2. Projectiles, charges, and cartridges of all kinds, and their distinctive component parts. 
 
 3. Powder and explosives of all kinds. 
 
 4. Cannon barrels, gun mountings, limber boxes, limbers, field kitchens and bakeries, supply wagons, field 
 forges, searchlights and searchlight accessories, and their distinctive component parts. 
 
 5. Range finders and their distinctive component parts. 
 
 6. Field glasses, telescopes, chronometers, and all kinds of nautical instruments. 
 
 7. Clothing and equipment of a distinctively military character. 
 
 8. Saddle, draft, and pack animals suitable for use in war. 
 
 9. All lands of harness of a distinctively military character. 
 
 10. Articles of camp equipment and their distinctive component parts. 
 
 11. Armor plates. 
 
 12. Lead, pig, sheet, or pipe. 
 
 13. Barbed wire, and implements for fixing and cutting the same. 
 
 14. Tinplate. 
 
 15. Warships, including boats and their distinctive component parts of such a nature that they can only be used 
 on a vessel of war; ship j)lates and construction steel. 
 
 16. Submarine sound signaling apparatus. 
 
 17. Aeroplanes, airships, balloons, and aircraft of all kinds, and their distinctive component parts, together with 
 accessories, articles and materials, recognizable as intended for use in connection with balloons and aircraft.
 
 CONTEABAXD OF WAR. 31 
 
 18. Implements and devices designed exclusively for tlie manufacture and repair of arms and munitionB of war. 
 
 19. Lathes of all kinds. 
 
 20. Mining lumber. 
 
 21. Coal and coke. 
 
 22. Flax. 
 
 Article 23. The following articles and materials suitable for warlike as well as for peaceful purpoees, coming 
 under the designation of conditional contraband, shall be considered as contraband of W9r: 
 
 1. Foodstuffs. 
 
 2. Forage and all kinds of foeiiing stuffs. 
 
 3. Clothing, fabrics for clothing, and boots and shoes, suitable for use in war. 
 
 4. Wool from animals, raw or dressed, together with woolen carded yams, and worsted yarns. 
 
 5. Gold and silver, in coin or bullion; paper money. 
 
 6. Veliicles of all kinds, especially all motor vehicles available for use in war, and their component parts. 
 
 7. Rubber tires for motor vehicles, together with all articles or materials especially used in the manufacture or 
 repair of rubber tires. 
 
 8. Rubber and gutta-percha, together with goods made thereof. 
 
 9. Railway materials, both fixed and rolling stock, and materials for telegraphs, wireless telegraphs, and telephonea. 
 
 10. Fuel, excepting coal and coke; lubricants. 
 
 11. Sulphur, sulphuric acid, nitric acid. 
 
 12. Horseshoes and shoeing materials. 
 
 13. The following ores: Wolframite, scheeUte, molybdenite, nickel ore, chrome ore, haematite iron ore, manganese 
 ore, lead ore. 
 
 14. The following metals: Wolfram, molybdenum, vanadium, nickel, selenium, cobalt, hsematite pig iron, man- 
 gane.se, aluminium, copper. 
 
 15. Antimony, together with the sulpliides and oxides of antimony. 
 
 16. Ferro alloys, including ferrowolfram, ferromolybdenum, ferromanganese, ferrovanadium, ferrochrome. 
 
 17. Harness and saddlery. 
 
 18. Leather, treated and untreated, when suitable for saddlery, hame&s, military boots or military clothing. 
 
 19. Tanning materials of all kind.s, including extracts used in tanning. 
 
 20. All kinds of lumber, rough or treated, especially hewn, sawed, planed, fluted, excepting mining lumber 
 tar of charcoal. 
 
 21. Vessels, craft, and boats of all kinds, floating docks, parts of docks, and their component parts. 
 The following articles can not be declared contraband of war: 
 
 1. Raw cotton, raw silk, raw jute, raw hemp. 
 
 2. Resin, lacks, hops. 
 
 3. Raw skins, horns, bones, and ivory. 
 
 4. Natural and artificial fertilizers. 
 
 5. Earth, clay, lime, chalk; stones, including marble; bricks, slates, and roofing tiles. 
 
 6. Porcelain and glass. 
 
 7. Paper, and the materials prepared for its manufacture. 
 
 8. Soap; paints, including the materials exclusively used for their manufacture, and varnish. 
 
 9. Chloride of lime, soda, caustic soda, sulphate of soda in cakes, ammonia, sulphate of ammonia, and copper 
 sulphate. 
 
 10. Machines for agriculture, for mining, for the textile industry, and for printing. 
 
 11. Precious stones, fine stones, pearls, mother-of-pearl, and corals. 
 
 12. Clocks, standing clocks and watches, excepting chronometers. 
 
 13. Fasliion and fancy goods. 
 
 14. Feathers of all kinds, hair and bristles. 
 
 15. Furniture and decorative articles, office furniture and requirements. 
 
 Article 33. In the absence of conditions to the contrary, the hostile destination referred to in article 32 is to be 
 presumed when (A) the goods are consigned to an enemy authority or the agent of such or to a dealer shown to have 
 supplied articles of the kind in question or products thereof to the armed forces or the administrative authorities of the 
 enemy state; (B) the goods are consigned to order or the ship's papers do not show who is the consignee or the goods are 
 consigned to a person in territory belonging to or occupied by the enemy; (C) the goods are destined for an armed 
 place of the enemy or a place serving as a base of operations or supplies to the armed forces of the enemy. 
 
 Merchant vessels themselves are not to be considered as destined for the armed forces or the administrative 
 authorities of the enemy solely for the reason that they are found en route to one of the places referred to under 
 letter C. 
 
 Article 35. Articles of conditional contraband are liable to seizure only on a vessel en route to territory belonging 
 to or occupied by the enemy or to the armed forces of the enemy, and such vessel is not intended to unload these articles 
 in an intermediate neutral port — that is to say, in a port at which the vessel is to call previous to reaching the ultimate 
 destination designated. 
 
 Tliis paragraph shall not apply if the conditions provided in article 33, letter B, are present or if the vessel is 
 bound for a neutral country with regard to wliich it is shown that the enemy government draws articles of the kind 
 in question from that countrj'. 
 
 Article 40. A vessel can not be captured on the ground of an already completed voyage carrying contraband. If, 
 however, the vessel carried contraband to the enemy contrary to the indications of the ship's papers, it shall be liable 
 to capture and condemnation until the end of the war. 
 
 This ordinance shall take effect the day of its promulgation. 
 
 Chief Headquarters, April 1^ 1915. 
 
 [l. s.] (Signed) Wilhelm. 
 
 v. TlRPITZ
 
 32 CONTRABAND OF WAR. 
 
 AUSTRO-HUNGARIAN CONTRABAND. 
 
 File No. 763.72112/124. 
 
 Ambassador Penfield to the Secretary of State. 
 
 [Telegram.] 
 
 American Embassy, 
 
 Vienna, September 7, 19H. 
 Austro-Hungarian Government flesires British Government be notified that they will 
 treat as absolute or conditional contraband those objects and material which arc enumerated 
 in Articles twenty-two and twenty-four of Declaration of London.' 
 
 Penfield. 
 
 File No. 763.72112/624. 
 
 Ambassador Penfield to the Secretary of State. 
 
 [Telegram.] 
 
 American Embassy, 
 
 Vienna, January 15, 1915. 
 Austro-Hungarian Government declares, under date of 14th uistant, following objects 
 conditional contraband in addition to list enumerated Article 24, Declaration of London, as 
 follows : 
 
 Copper in rough, lead in blocks, plates or tubes, wood of every kind, rough or worked, specially designed, sawn, 
 planed, or grooved wood, tar, sulphur, rough or refined, sulphuric acid, aluminum, nickel. 
 
 Penfield. 
 
 File No. 763.72112/710. 
 
 Ambassador Penfield to the Secretary of State. 
 
 No. 299.] American Embassy, 
 
 Vienna, January 18, 1915. 
 Sir: I have the honor to transmit herewith inclosed, for the mformation of the depart- 
 ment, copy, with translation, of a communication from the Austro-Hungarian IMLnistry of 
 Foreign Affairs, dated the 14th uistant, enumerating a list, as reported in my telegram No. 
 428 of the 15th instant, of conditional contraband oj war in addition to those enumerated in 
 Article 24 of the Declaration of London of February 26th, 1909. 
 I have, etc., 
 
 Frederic C. Penfield. 
 
 [Inclosure — Translation.) 
 MINISTRY OF THE I. AND R. HOUSEUOLD AND OP FOREIGN AFFAIRS. 
 2,989 
 
 1915 
 
 7 
 
 Vienna, January 14, 1915. 
 
 NOTE VERBALE. 
 
 The Imperial and Royal Ministry of Foreign Affairs has the honor to announce that the following articles 
 will in future be considered conditional contraband of war by the Imperial and Royal naval forces pursu- 
 ant to the Declaration of London of February 26, 1909, in addition to the objects and the materials enumerated in 
 article 24 of the said declaration: 
 
 (1) Copper in rough. 
 
 (2) Lead in blocks, plates, or tubes. 
 
 (3) Wood of every kind, rough or worked, specially designed, eawn, planed, or grooved; wood tar. 
 
 (4) Sulphur, rough or refined; sulphuric acid. 
 
 (5) Aluminum. 
 
 (6) Nickel. 
 
 The Embassy of the United States of America is requested to be good enough to communicate this notification 
 to its Government with the utmost dispatch. 
 
 1 See Part II, p. 27.
 
 CONTRABAXD OF WAR. 33 
 
 TURKISH CONTRABAND. 
 
 File No. 763,72112/613. 
 
 Ambassador Morgenthau to the Secretary of State. 
 
 No. 154.] American' Embassy, 
 
 Constantino'ple , December 18, 1914- 
 Sir: In reply to the Department's telegraphic instruction No. 132 of the 10th instant, 
 and referring to my telegram of the 16th instant, I have the honor to transmit herewith, in 
 duplicate and with translation, a note of the 1.5th instant from the Sublime Porte, communi- 
 cating the lists of things which the Ottoman Government has declared to be absolute or condi- 
 tional contraband of war during the present hostilities. 
 I have, etc., 
 
 H. Morgenthau. 
 
 [Inclosure — Translation.] 
 
 Sublime Porte, Ministry for Foreign Affairs, 
 
 December 15, 1914. 
 58636. 142. 
 
 circular — NOTE VERBALE. 
 
 The Ministry for Foreign Affairs has the honor to transmit herewith to the Embassj- of the I'nitcd States of America 
 the list gi'ving the objects which the Imperial Ottoman Government has decided to consider as absolute and conditional 
 contraband of war during the hostilities now existing. 
 
 The Imiierial Ministry requests the Embassy of tlie United States to kindly give this communication the attention 
 it requires. 
 
 To the Emb.^ssy of the United States or AuEnirA. 
 
 [Subinclosure — Translation.] 
 LIST OF THE OBJECTS CONSIDERED AS CONTRABAND OF WAR BY THE OTTOMAN GOVERNMENT. 
 
 The following objects and materials are considered as absolute contraband of war: 
 
 1. Firearms of all kinds, light and heavy, including arms for sporting purposes; side arms; their component 
 parts of all sorts. 
 
 2. Projectiles, cartridges, and charges of all kinds; torpedoes and all component parts, simple or compound, 
 connected with them. 
 
 3. Powder of all kinds and all oth^r explosives and detonating substances used in war, such as saltpeter, sulphur, 
 sulphate of potassium, potassium compounds, and all other similar chemical substances necessary for their manufac- 
 ture. 
 
 4. Powder and explosive chemical products of all kinds, not specially prepared for use in war. 
 
 5. Gun mountings and limber boxes or their component parts, their wheels and naves, limbers, ammunition and 
 transport wagons, in general, field forges, ammunition chests, vehicles for use in transporting hea^^ weights, auto- 
 mobile trucks, motors suitable for use in the service of the army or of the marine, all kinds of similar means of trans- 
 portation and their component parts, simple or compound ; all oils and greases used in artillery and in the other branches 
 of the service. 
 
 6. Pontoons and all instruments and material for the setting up of bridges; means of water transportation and all 
 building wood. 
 
 7. All kinds of machines moved by steam, petroleum, benzine, and electricity, as well as their component parts, 
 simple or comijound; acetylene or electric projectors; lamps, heliostats, heliographs, and all electrical apparatus. 
 
 8. Clothing and equipment, fabrics and boots and shoes of a distinctively militarj- character. 
 
 9. Military harness and saddles, headstalls for beasts of burden, articles of saddlery, saddler)- material suitable 
 for harnessing, military ovens and kitchens, tents of every kind and their accessories, equipment suitable for use in 
 the army and military material. 
 
 10. Material and all instruments, articles, and component objects, simple or compound, which can be utilized 
 in fortifying a position to sen-e as a camp. 
 
 11. War vessels, including boats, objects and material which can only be used on vessels and boats of this catepon,', 
 floating docks and component parts, simple or compound, cranes for use in ra-sing heavy weights, as well as all kinds 
 of machines serving this purpose, motor boats, boats, pontoons (tanks or for transport), all machines suitable for the 
 manufacture and repair of arms and of army and navy equipment; workshops and their component parts, simple or 
 compound. 
 
 12. Baloons, aviation apparatus, air ships and their component parts, simple or compound. 
 
 13. Saddle, draft, and pack animals. 
 
 14. Armor plates, lead, sheet iron, platinum, copper plates, iron elbows, iron bars, screws, iron, zinc, tin plates 
 and rods, wood of all kinds. 
 
 15. Coal.
 
 34 CONTKABAXD OF WAK. 
 
 n. 
 
 Are considered as conditional contraband of war: 
 
 1. Foodstuffs of all kinds, including wines. 
 
 2. Forage and grain suitable for feeding animals, and abo cereals. 
 
 3. Books concerning military service on land and sea, particularly books and pictures relating to ordnance. 
 
 4. Gold and silver in coin or bullion and paper money. 
 
 5. Railway material, both fixed and rolling slock; the various instruments and materials of D^cauville railways, 
 as well as automobiles for hire, bicycles, and motor cycles. 
 
 6. Apparatus and material for telegraphs, wireless telegraphs, telephones, and cables. 
 
 7. Clothing of all kinds, fabrics for clothing, and boots and shoes. 
 
 8. Horseshoes, all shoeing instniments, objects and material. 
 
 9. Barbed wire, as well as instruments and material for setting up, fixing, stretching, or cutting the same. 
 
 10. Fuel oU (pacura), naphtha, benzine, petroleum, and similar substances which might be utilized as fuel in 
 the place of coal. 
 
 11. Field glasses, telescopes, the various instniments used in determining distances, maps, chronometers, the 
 various apparatus and instruments of naval observation and topographical apparatus and instruments. 
 
 File No. 763-72112/499. 
 
 Ambassador Morgenthau to the Secretary of State. 
 [Telegram.] 
 
 Aherican Embassy, 
 Constantinople, Deceniber 22, 1914, 8 a. m. 
 Ottoman Government contraband declaration included, in addition to things mentioned in 
 articles 22 and 24, Declaration of London, following as absolute contraband: 
 
 Pontoons, bridge materials, aU machine projectors, lamps, all electric apparatus, military 
 kitchens, tents and accessories, cranes, floating docks, motor boats, lead, sheet iron, platinum, 
 iron bars, copper plates, screws, iron, zinc, tin plates and rods, wood, coal, and anything men- 
 tioned in third, fifth, eighth, and tenth sections, article 24, Declaration of London. 
 As conditional contraband : 
 
 Wines, cereals, military and naval books, pictures, charts, DecauviUe railway material, 
 automobiles, bicycles, motor cycles, apparatus and material for cables. 
 
 Morgenthau. 
 
 File No. 763.72112/637. 
 
 Ambassador Morgenthau to the Secretary of State. 
 
 No. 161.] American Embassy, 
 
 Constantinople, December 24, 1914. 
 Sir: Referring to my despatch No. 154 of the 18th instant and to my telegram No. 206 of 
 to-day's date communicating the lists of articles declared to be contraband of war by the 
 Ottoman Government, I have the honor to inclose herewith copy and translation of a note of 
 yesterday's date from the Subhme Porte giving an additional list of articles considered as 
 conditional contraband, which formed the subject of my telegram mentioned above. 
 I have, etc. 
 
 H. Morgenthau. 
 
 [Inclosure — Translation.) 
 
 Sublime Porte, Minlstry for Foreign Affairs, 
 
 December ZS, 1914. 
 58992. 1.50. 
 
 circular — NOTE VERBALE. 
 
 In continuation of its circular note verbale dated December 15, 1914, No. 58636/142, the Ministry for Foreign 
 Affairs has the honor to inform the Embassy of the United States of America that the Imperial Government has 
 decided to add to list No. II attached thereto, giving the objects considered as conditional contraband of war: 
 
 1. Crude copper. 
 
 2. Lead — pig, plates, and pipes. 
 
 3. Glycerine. 
 
 4. Ferrochrome. 
 
 5. Hematite. 
 
 6. Magnetic iron ore. 
 
 7. Rubber. 
 
 8. Leather and raw or partially tanned skins (not including dressed skins). 
 
 The embassy of the Republic is requested to give the above information to interested parties.
 
 CONTBABAXD OF WAR. 35 
 
 File No. 763.72112/717. 
 
 Ambassador Morgenthau to the Secretary of State. 
 
 No. 170.] Ajiericax Emba.s.st, 
 
 Constantinople, January 5, 1915. 
 Sm: Referring to my despatches No. 154 of December 18th and No. 161 of December 24th 
 last, in wliich I transmitted the lists of articles declared to be contraband of war by the Ottoman 
 Government, I have the honor to inclose herewith a copy and translation of a note from the 
 Sublime Porte suppressing the words "potassium compounds" in the previous list and replacmg 
 them by the words "muriate of potassium." 
 I have, etc., 
 
 H. Morgenthau. 
 
 [Inclosure — Trooslation.) 
 
 Sublime Porte, Ministry for Foheiot Afpaiks, 
 
 January 4, 1915. 
 59453. 3. 
 
 NOTE VERBALE — CIRCULAR. 
 
 Roforring to its circular note verbale dated December 15, 1914, No. 58636/142, the Ministry for Foreign Affairs 
 has the honor to inform the Embassy of the United States of America that the Imperial Goveniment has decided to 
 
 suppress the words "potassium compounds" appearing in No. 3 of the first section of the accompanying list which 
 
 concerns the objects and materials which are absolute contraband of war — and to replace them by the words "muriate 
 of potassium." 
 
 ■^Tiile reserving the right to inform it later of any now modifications wliich might be made in the said list, the 
 Imperial Ministry has the honor to request the Embassy of the Republic to inform interested parties of the present com- 
 munication for such attention as it requires. 
 
 File No. 763.72112/990. 
 
 Ambassador Morgenthau to the Secretary of State. 
 
 No. 243.] American Embassy, 
 
 Constantinople, March 12, 191.5. 
 Sm: I have the honor to enclose herewith copy and translation from "La Turquie," dated 
 March 4, 1915, showing list of objects considered as contraband of war by the Ottoman Govern- 
 ment. 
 
 I have, etc, 
 
 H. MORGANTHAU. 
 
 [Inclosure— Translation— From "La Turquie."] 
 
 Constantinople, March 4, 1915. 
 
 CONTRABAND OF WAR. 
 
 List of objects considered as contraband of war by the Ottoman Government. The following objects and materials 
 are considered as absolute contraband of war: 
 
 1. Firearms of all kinds, light and heavy, including hunting guns; side arms; their detached pieces of every kind. 
 
 2. Projectiles, cartridges, and cannon cartridges of every kind; torpedoes and all pieces relative thereto, detached 
 simple or composed.
 
 ^ CONTRABAND OF WAB. 
 
 3. Powder of every kind and all kinds of explosives and exploding materials used in war; as well as saltpeter, 
 dulpbur, sulphatic potassium, muriate potassium and all other similar chemical materials necessarj' to their fabrication. 
 
 4. Powders and the chemical explosive products of every kind not particularly meant for war. 
 
 5. Gun carriages, ammunition wagons and their detached pieces, their wheels and naves, fore carriages, munition 
 tracks, and of transfer in general, campaign forges, cases of munitions; vehicles for the tran.sporting of heavy burdens, 
 automobile trucks, motors utilisable for the service of the army and the fleet, every kind of similar transport and their 
 detached pieces simple or composed, all oils and greases used in the artillery and in the other ser\-ice8. 
 
 6. Pontoons and all instruments and materials used for the making of ]iontoons. all wood for construction. 
 
 7. Every kind of machine worked by steam, by petroleum, by benzine and electricity as well as their detached 
 pieces simple or composed; lamps, heliostals, heliograph and all electrical apparatus. 
 
 8. Clothing and equipment, stuff and military shoes. 
 
 9. Harnesses and military saddles, bridles for beasts of burden, articles of saddlery used for harnesses, ovens and 
 militarj' kitchens, tents of every kind and their accessories, equipments necessary for the army's use, and military 
 materials. 
 
 10. Material and all instruments, articles, and objects detached, simple or composed, which can be used to fortify 
 a position or used for the ser\-ice of a camp. 
 
 11. Warships and boats, objects and materials used only on ships and boats of this category', floating docks and 
 their detached pieces, simple or comjiosed, the machines used for raising hea\y loads as well as every kind of machine 
 for such purposes, small motor boats, small boats, pontoons (tanks or of transport), every machine used for the fabrica- 
 tion or the preparation of arms and of equipments of the army and of the fleet, workshops and their detached parts, 
 eimple or composed. 
 
 12. Balloons, aviation materials, airships, and their parts, detached, simple or composed. 
 
 13. Saddle, draught, and pack animals. 
 
 14. Iron, lead, sheet iron, sheets of leather, iron angles, iron bars, screws, zinc, tin, and wood of every kind. 
 
 15. Oil. 
 
 The following are considered as conditional contraband of war: 
 
 1. Foodstuffs, including wine. 
 
 2. Grain used for the nourishment of animals, as well as cereals. 
 
 3. Books concerning the military and naval ser\dces, especially the books and pictures relative to ordnance. 
 
 4. Gold and silver in coin or in bullion and papers representing money. 
 
 5. Railway material, fixed or movable, instruments and various Decau\'ille railroad materials, as well as auto- 
 mobiles, bicycles, and motorcycles. 
 
 6. Materials for telegraphs, vrireless, and telephones, and cables. 
 
 7. Clothing of every kind, stuff for clothing and shoes. 
 
 8. Horseshoes, all instruments, objects, and materials used for horse-shoeing. 
 
 9. Barbed wire, as well as tools used for stretching and cutting it. 
 
 10. Pacura, naphtha, benzine, petroleum, as well as analogous materials which could be used as combustibles 
 representing oil. 
 
 11. Glasses, telescopes, the various instruments for ob8er^dng distances, maps, chronometers, the various instru- 
 ments used for naval and topographic observations, crude copper, lead in sheet and tubes, glycerine, ferrochrome, 
 iron hematite, magnetic iron, rubber, leather, raw skins or incompletely tanned (not including cured skins).
 
 PART III. 
 
 CORRESPONDENCE RELATING TO RESTRAINTS ON COMMERCE. 
 
 97660°— 15 6 37 
 
 G3908
 
 RESTRAINTS ON COMMERCE. 
 
 File Xo. 763.72112/545a. 
 
 The Secretary of State to Ambassador 11'. II. Page. 
 
 [Telegram.] 
 
 Department of State, 
 \yashiii(jtoii, Decemhfr 26, 191 J^. 
 The present condition of American foreign trade resulting from the frequent seizures and 
 detentions of American cargoes destined to neutral European ports has become so serious as to 
 require a candid statement of the views of tliis Government in order that the British Govern- 
 ment may be fully informed as to the attitude of the United States toward the policy which 
 has been pursued by the British authorities during the present war. 
 
 You will, therefore, communicate the following to His Majesty's principal secretary of 
 state for foreign affairs, but in doing so you will assure him that it is done in the most friendly 
 spirit and in the belief that frankness will better serve the continuance of cordial relations 
 between the two countries tluiu silence, wliicli may be misconstrued into acquiescence in a 
 course of conduct which this Government can not but consider to be an infringement upon the 
 rights of American citizens. 
 
 The Government of the I'liited States has viewed with growing concern the large number 
 of vessels laden with ^Vmericau goods destined to neutral ports in Europe, which have been 
 seized on the high seas, taken into British ports and detained sometimes for weeks by the 
 British authorities. During the early days of the war this Government assumed that the 
 policy adopted by the British Government was due to the unexpected outbreak of hostilities 
 and the necessity of immediate action to prevent contraband from reaching the enemy. For 
 this reason it was not disposed to judge this policy harshly or protest it vigorbusl\-, although 
 it was manifestly very injm-ious to American trade with the neutral countries of Europe. 
 This Govenmient, relying confidently upon the high regard which Great Britain has so often 
 exhibited in the past for the rights of other nations, confidently awaited amendment of a 
 course of action which denied to neutral commerce the freedom to which it was entitled by the 
 law of nations. 
 
 This expectation seemed to be rendered the more assured by the statement of the foreign 
 office early in November that the British Government were satisfied with guarantees offered by 
 the Norwegian, Swedish, and Danish Governments as to nonexportation of contraband goods 
 when consigned to named persons in the territories of those Governments, and that orders had 
 been given to the British fleet and customs authorities to restrict interference with neutral 
 vessels carrying such cargoes so consigned to verification of ship's papers and cargoes. 
 
 It is therefore a matter of deep regret that, though nearly five months have passed since 
 the war began, the British Government have not materially changed their policy and do not 
 treat less rigorously ships and cargoes passing between neutral ports in the peaceful pursuit 
 of lawful commerce, which belligerents should protect rather than interrupt. The greater 
 freedom from detention and seizure which was confidently expected to result from consigning 
 shipments to definite consignees, rather than "to order," is still awaited. 
 
 It is needless to point out to His Majestj^'s Government, usually the champion of the 
 freedom of the seas and the rights of trade, that peace, not war, is the normal relation between 
 nations and that the commerce between countries which are not belligerents should not be 
 uiterfered with by those at war unless such uiterference is manifestly an imperative necessity 
 to protect their national safety, and then only to the extent that it is a necessity. It is with 
 no lack of appreciation of the momentous nature of the present struggle in which Great Britain 
 is engaged and with no selfish desire to gain undue commercial advantage that this Government 
 is reluctantly forced to the conclusion that the present policy of His Majesty's Government 
 toward neutral ships and cargoes exceeds the manifest necessity of a belligerent and constitutes 
 restrictions upon tlie rights of American citizens on the high seas which are not justified by the 
 rules of uiternational law or required under the prmciple of self-preservation. 
 
 The Govermncnt of the United States does not intend at this time to discuss the propriety 
 of mcluding certain articles in the lists of absolute and conditional contraband, which have been 
 proclaimed by His Majesty. Open to objection as some of these seem to this Govenmient, the 
 chief ground of present complaint is the treatment of cargoes of both classes of articles when 
 bound to neutral ports. 
 
 39
 
 40 KESTRAINTS ON COMMERCE. 
 
 Articles listed as absolute contraband, shipped from the United States and consigned to 
 neutral countries, have been seized and detained on the ground that the countries to which thoy 
 were destined liave not prohibited the exportation of such articles. Unwai-ranted as such deten- 
 tions arc, in the opinion of tliis Govjrnnient, American exporters are further perplexed by the 
 apparent indecision of the Britisla authorities in applying their owni rules to neutral cargoes. For 
 example, a shipment of copper frcm tliis country to a specified consignee m Sweden was dctamed 
 because, as was stated by Great Britain, Sweden had placed no embargo on copper. On the 
 other hand, Italy not only prohibited the export of copper, but, as this Government is informed, 
 put in force a decree that shipments to Italian consignees or "to order," which arrive iji ports 
 of Italy can not be exported or transshipped. The only exception Italy makes is of copper 
 which passes tlu'ougli that countr\' in transit to another countiy. In spite of tliese decrees, 
 however, the British Foreign Office luis thus far declined to affirm that copper shipments con- 
 signed to Italy will not be molested on the liigh seas. Seizures are so numerous and delays so 
 prolonged that exporters are afraid to send their copper to Italy, steamship lines dodme to 
 accept it, and insurers refuse to issue policies upon it. In a word, a legitimate trade is being 
 greatly impaired tlirough uncertainty as to the treatment which it may expect at the hands of 
 the British authorities. 
 
 We feel that we are abxmdantly justified in asking for information as to the manner in 
 which the British Government propose to carry out the policy which they have adopted, in 
 order that we may determine the steps necessary to protect our citizens, engaged in foreign 
 trade, m their rights and from the serious losses to which they are liable tlirough ignorance of 
 the hazards to which their cargoes are exposed. 
 
 In the case of conditional contraband the pohcy of Great Britain appears to this Govern- 
 ment to be equally unjustified by the estabhshed rules of international conduct. As evidence of 
 this, attention is directed to the fact that a number of the American cargoes which have been 
 seized consist of foodstuff's and other articles of common use in aU countries wliich are admittedly 
 relative contraband. In spite of the presumption of innocent use because destmed to neutral 
 territory, the Britbh authorities made these seizures and detentions without, so far as we are 
 uiformed, being in possession of facts which warranted a reasonable behef that the sliipments 
 had in reality a belligerent destination, as that term is used in international law. Mere sus- 
 picion is not evidence and doubts should be resolved in favor of neutral commerce, not agamst 
 it. The effect upon trade in these articles between neutral nations resulting from internipted 
 vovages and detained cargoes is not entirclv cured ])v reimbm^ement of the o^vners for the 
 damages, wliich they have suffered, after investigation has failed to estabHsh an enemy destina- 
 tion. The injury is to American commerce with neutral coimtries as a whole tlirough the 
 hazard of the enterprise and the repeated diversion of goods from established markets. 
 
 It also appears that cargoes of this character have been siezed by the British authorities 
 because of a belief that, though not originally so intended by the sliippers, they wiU ultimately 
 reach the tenitory of the enemies of Great Britain. Yet tliis behef is frequently reduced to a 
 mere fear in view of the embargoes which have been decreed by the neutral countries, to which 
 they are destined, on the articles composmg the cargoes. 
 
 That a consignment "to order" of articles listed as conditional contraband and shipped to 
 a neutral port raises a legal presumption of enemy destination appears to be directly contrary 
 to the doctrines previously held by Great Britain and thus stated by Lord Salisbury during the 
 South African War: 
 
 Foodstuffs, though ha^•ing a hostile destination, can be considered as contraband of war only if they are for the 
 enemy's forces; it is not sufficient that they are capable of being so used, it must be shown that this was in fact their 
 destination at the time of their seizure. 
 
 With this statement as to conditional contraband the views of this Government are in 
 entire accord, and upon this historic doctri)ie, consistently maintamed by Great Britain when 
 a belhgerent as well as a neutral, American shippers were entitled to rely. 
 
 The Government of the United States readily admits the full right of a beUigerent to visit 
 and search on the high seas the vessels of ^Imerican citizens or other neutral vessels carryuig 
 American goods and to detain them when there is sufficient evidence to justify a belief that 
 contraband articles are in their cargoes; but His Majesty's Government, judging by their own 
 experience in the past, must realize that tliis Government can not without protest permit 
 American ships or iVmerican cargoes to be taken into British ports and there detained for the 
 purpose of searching generally for evidence of contraband, or upon presumptions created by 
 special municipal enactments which are clearly at variance with international law and practice. 
 
 This Government beUeves, and earnestly hopes His Majesty's Government -wiU come to 
 the same behef, that a course of conduct more m conformity with the rules of international 
 usage, which Great Britain has strongly sanctioned for many years, will in the end better serve 
 the interests of beUigerents as well as those of neutrals.
 
 EESTEAIXTS OX COMMERCE. 41 
 
 Not only is the situation a critical one to tlie commercial interests of the United States, but 
 many of the great industiies of tliis countrj^ are suffering because their products are denied long- 
 established markets in European countries, which, though neutral, are contiguous to the nations 
 at war. Producers and exporters, steamship and insurance companies are pressing, and not 
 without reason, for rehef from the menace to trans-Atlantic trade which is gradually but surely 
 destroying their business and threatening them ^vith financial disaster. 
 
 The Government of the United States, still relying upon the deep sense of justice of the 
 British Nation, which has been so often manifested in the intercourse between the two countries 
 during so many years of uninterrupted friendship, expresses confidently the hope that his 
 Majesty's Government will reahzc the obstacles and difiicuHies which their present policy has 
 placed in the way of commerce between the United States and the neutral countries of Europe, 
 and will instruct its ofScials to refrain from all unnecessary interference with the freedom of 
 trade between nations which are sufferers, though not participants, in the present confUct; and 
 will in their treatment of neutral ships and cargoes conform more closely to those rules govern- 
 ing the maritime relations between belhgerents and neutrals, wliich have received the sanction 
 of the civilized world, and wliich Great Britain has, in other wars, so strongly and successfully 
 advocated. 
 
 In conclusion, it should be impressed upon His Majesty's Government that the present 
 condition of American trade ^\'ith the neutral European countries is such that, if it does not 
 improve, it may arouse a feeUng contrary to that which has so long existed between the Ameri- 
 can and British peoples. iVlready it is becoming more and more the subject of public criticism 
 and complaint. There is an increasing behef, doubtless not entirely unjustified, that the present 
 British policy toward American trade is responsible for the depression in certain industries 
 which depend upon European markets. The attention of the British Government is called 
 to this possible result of their present pohcj^ to show how widespread the effect is upon the 
 industrial life of the United States and to emphasize the importance of removing the cause of 
 complaint. 
 
 Brtan. 
 
 File No. 7G3.72112/589. 
 
 TJie British Secretary of State for Foreign Affairs to Ambassador W. H. Page. 
 
 Foreign Office, January 7, 1915. 
 
 Yom Excellency: I have the honor to acknowledge receipt of your note of the 28th of 
 December. 
 
 It is being carefully examined and the points raised in it are receiving consideration, as the 
 result of which a reply shall be addressed to Your Excellency, dealing in detail with the issues 
 raised and the points to which the United States Government have drawn attention. This con- 
 sideration and the preparation of the reply will necessarily require some time, and I therefore 
 desire to send without further delay some preliminary observations which will, I trust, help to 
 clear the ground and remove some misconceptions that seem to e.xist. 
 
 Let me say at once that we entirely recognize the most friendly spirit referred to by Your 
 Excellency, and that we desire to reply in the same spirit and in the beUef that, as Your Excel- 
 lency states, frankness will best serve the continuance of cordial relations between the two 
 countries. 
 
 His Majesty's Government cordially concur in the principle enunciated by the Government 
 of the United States that a belligerent, in dealing with trade between neutrals, should not 
 intci-fere unless such interference is necessaiy to protect the be'iigerent's national safety, and 
 then only to the extent to which this is necessary. We shall endeavor to keep our action within 
 the limits of this principle on the understanding that it admits our right to interfere when such 
 interference is, not with "bona fide" trade between the United States and another neutral 
 country, but with trade in contraband destined for the enemy's covmtry, and we are ready, when- 
 ever our action may unintentionally exceed this principle, to make redress. 
 
 We think that much misconception exists as to the extent to which we have, in practice, 
 interfered with trade. Your Excellency's note seems to hold His Majesty's Government 
 responsible for the present condition of trade with neutral comitries, and it is stated that, 
 through the action of His Majesty's Government, the products of the great industries of the 
 United States have been denied long established markets in Em-opeau countries whicn, though 
 neutral, are contiguous to the seat of war. Such a result is far from being the intention of His 
 Majesty's Govermncut, and they would exceedingly regret that it should be due to their action. 
 I have been unable to obtain complete or conclusive figures showing what the state of trade 
 with these neutral countries has been recently, and I can therefore only ask that some further
 
 42 RESTRAINTS ON COMMERCE. 
 
 consideration should be given to the question whether United States trade with these neutral 
 countries has been so seriously afl'ected. The only ligures as to the total volume of trade that 
 I have seen are those for the exports from New York, for the month of November, 1914, and 
 they are as follows, compared with the month of November, 1913: 
 
 Exports from Neir Vnrkjar .\oi'cmber, i;n.J [anil] Xovcmber, Htl'i, respectively. 
 
 Denmark $558, 000 $7, 101, 000 
 
 Sweden 377,000 2,858,000 
 
 Norway 477, 000 2, 318, 000 
 
 Italy 2, 971, 000 4, 781, 000 
 
 Holland 4, 389, 000 3, 9G0, 000 
 
 It is triie that there may have been a fiilhng off in cotton exports, as to which New York 
 figm'es would be no guide, but His Majesty's Government have been most careful not to inter- 
 fere with cotton, and its place on the free Mst has been scrupulously maintained. 
 
 We do not wish to lay too much stress upon incomplete statistics; the figures above are not 
 put forward as conclusive; and wc are prepared to examine any further evidence with regard 
 to the state of trade Avith these neutral countries, wliich may point to a different conclusion or 
 show that it is the action of His Majesty's Government in particular, and not the existence of 
 a state of war and consequent diminution of purchasing power and shi-inkage of trade, which 
 is responsible for adverse effects upon trade with the neutral countries. 
 
 That the existence of a state of war on such a scale has had a very adverse effect upon cer- 
 tain groat industries, such as cotton, is obvious; but it is submitted that tliis is due to the general 
 cause of diminished purchasing power of such countries as France, Geimany, and the United 
 Kingdom, rather than to interference -with trade with neutral countries. In the matter of cot- 
 ton, it may be recalled that the Britisli Government gave special assistance through the Liver- 
 pool Cotton Exchange to the renewal of transactions in the cotton trade of not onlj^ the United 
 Kingdom but of many neutral countries. 
 
 Your Excellency's note refers in particular to the detention of copper. The figures taken 
 from ofhcial returns for the export of copper from the United States for Italy for the months 
 during wliich the war has been in progress up to the end of the first three weeks of December 
 are as follows : 
 
 Nineteen tliirteen : Fifteen nuUion two hundred two thousand pounds. Nineteen fourteen : 
 Thirty-six milhon two hundred eight-five thousand pounds. Norway, Sweden, Denmark, and 
 Switzerland are not shown separately for the whole period in the United States returns but 
 are included in the heading "Other Em"ope" (that is, Europe other than the United Kingdom, 
 Russia, France, Belgium, Austria, Germany, Holland, and Italy). The corresponding figm-es 
 under tliis heading are as follows : 
 
 Nineteen tliirteen: Seven milhon two hundred seventy-one thousand pounds. Nineteen 
 fourteen: Tliirty-five milhon tliree hundred forty-seven thousand pounds. 
 
 With such figures the presumption is very strong that the bidk of copper consigned to 
 these countries has recently been intended, not for their own use, but for that of a beUigerent 
 who can not import it direct. It is therefore an imperative necessity for the safety of tins 
 country while it is at war that His Majesty's Government should do all in their power to stop 
 such part of this import of copper as is not genuinely destined for neutral countries. 
 
 Your Excellency does not quote any particidar sliipment of copper to Sweden, which has 
 been detained. There are, however, four consignments to Sweden at the present time of copper 
 and aluminium wliich, though definitely consigned to Sweden, are, according to positive evi- 
 dence in the possession of His Majesty's Government, definitely destined for Germany. 
 
 I can not beheve that, with such figures before them and in such cases as those just men- 
 tioned, the Government of the United States woidd question the propriety of the action of His 
 Majesty's Government in taking suspected cargoes to a prize court, and we are convinced that 
 it can not be in accord with the wish either of the Government or of the people of the United 
 States to strain the international code in favor of private interests so as to prevent Great 
 Britain from taking such legitimate means for this purpose as are in her power. 
 
 With regard to the seizm'e of foodstuffs to wliich Your Excellency refers. His Majesty's 
 Government are prepared to admit that foodstuffs should not be detained and put into a prize 
 court without presumption that they are intended for the armed forces of the enemy or the 
 enemy government. Wc beheve that this rule has been adhered to in practice hitherto, but if 
 the United States Government have instances to the contrary, we are prepared to examine them, 
 and it is our present intention to adhere to the rule, though we can not give an unlimited and 
 unconditional undertaking in view of the departure bj^ those against whom we are fighting from 
 hitherto accepted rides of civihzation and humanity and the uncertainty as to the extent to 
 which such rules may be violated by them in future.
 
 BESTRAIXTS OX COMJIERCE. 43 
 
 From the 4th of August last to tho 3(1 of January the number of steamships proceeding 
 from the United States for Holland, Denmark, Norway, Sweden, and Italy has been seven 
 hundred and seventy-three. Of these there are forty-five which have had consignments or 
 cargoes placed in the prize court while of the ships themselves only eight have been placed in the 
 prize court and one of these has since been released. It is, however, essential under modern 
 conditions that where there is real ground for suspecting the presence of contraband, the 
 vessels should be brought into port for examination: in no other way can the right of search 
 be exercised, and but for this practice it would have to bo completely abandoned. Informa- 
 tion was received by us that special instructions had been given to ship rubber from the United 
 States under another designation to escape notice, and such cases have occurred in several 
 instances. Only by search in a port can such cases, when suspected, be discovered and proved. 
 The necessity for examination in a port may also be illustrated by a hypothetical instance, 
 connected with cotton, which has not yet occurred. Cotton is not specifically mentioned in Your 
 Excellency's note, but I have seen public statements made in the United States that the attitude 
 of His Majesty's Government with regard to cotton has been ambiguous, and thereby responsible 
 for depression in the cotton trade. There has never been any foundation for this allogation. 
 His Majesty's Government have never put cotton on the hst of contraband; they have 
 throughout the war kept it on the free list; and, on every occasion when questioned on the point, 
 they have stated their intention of adhering to this practice. But information has reached 
 us that precisely because we have declared our intention of not interfering with cotton, ships 
 carrying cotton will be specially selected to can-}' concealed contraband; and we have been 
 warned that copper will be concealed in bales of cotton. Whatever suspicions we have enter- 
 tained, we have not so far made these a ground for detainbig any ship carrying cotton, but, 
 should we have information giving us real reason to bcheve in the case of a particular ship that 
 the bales of cotton concealed copper or other contraband, the oid}- way to prove our case would 
 be to examine and weigh the bales; a process that could be cairied out only by bringing the 
 vessel into a port. In .such a case, or if examination justified the action of His Majesty's 
 Government, the case shall be brought before a prize court and dealt with in tlie ordinai-y way. 
 
 That the decisions of British prize courts hitherto have not been unfavorable to neutrals is 
 evidenced by the decision in the MiramicM case. This case, wlxich was decided against the 
 Crown, laid down that the ^\jiierican shipper was to be paid even when he had sold a cargo 
 0. i. f. and when the risk of loss after the cargo had been shipped did not apply to him at aU. 
 
 It has further been represented to His Majesty's Goverrmieut, though this subject is not 
 dealt with in Your Excellency's note, that our embargoes on the export of some articles, more 
 especially rubber, have interfered with commercial interests in tlie United States. It is, of 
 course, difficidt for His Majesty's Government to permit the export of rubber from British Do- 
 minions to the United States at a time when rubber is essential to belligerent countries for car- 
 rying on the war, and when a new trade in exporting rubber from the United States in suspi- 
 ciously largo quantities to neutriil countries has actually sprung up since the war. It would bo 
 hnpossible to permit the export of rubber from Groat Britain unless the right of His Majesty's 
 Government were admitted to submit to a prize court cargoes of rubber exported from the 
 United States which they believe to be destined for an enemy country, and reasonable latitude 
 of action for this purpose were conceded. But His Majesty's Government have now provision- 
 ally come to an arrangement with the rubber exporters in Great Britain which will permit of 
 licenses being given under proper guaranties for the export of rubber to the United States. 
 
 We are confronted with the growing danger that neutral countries contiguous to the enemy 
 will become on a scale hitherto unprecedented a base of supplies for the armed forces of our 
 enemies and for materials for manufacturing armament. The trade figures of imports show 
 how strong this tendency is, but wo have no complaint to make of the attitude of the Govern- 
 ments of those countries, which so far as we are aware have not departed from proper rules of 
 neutrality. Wo endeavor in the interest of our owix national safety to prevent this danger by 
 intercepting goods really destined for the enemy without mtei"fering with those whicli are 
 "bona fide" neutral. 
 
 Since the outbreak of the war the Government of the United States have cliiinged their 
 previous practice and have prohibited the pubhcation of manifests tiU 30 days afteir the 
 departure of vessels from the United States ports. We have no "locus standi" for complain- 
 ing of this change, and did not complain. But the effect of it must bo to increase the difEculty 
 of ascertaining the presence of contraband luvd to render necessary in the interests of our 
 national safety the examination and detention of more ships than would have been the case if 
 the former practice had contmued. 
 
 Pending a more detailed reply, I would conclude by saying that His Majesty's Govern- 
 ment do not desire to contest the general principles of law, on which they understand the note 
 of the United States to be based, and desire to restrict their action solely to interferences with
 
 44 RESTRAINTS ON COMMERCE. 
 
 contraband destined for the enemy. His Majesty's Government are prepared, whenever a cargo 
 coming from the United States is detained, to explain the case on which such detention has 
 taken place and would gladlj- enter into any arrangement by which mistakes can bo avoided 
 and reparation secured promptly when any injury to the neutral o^\-ners of a ship or cargo has 
 been improperly caused, for they arc most desirous in the intero*;t both of the United States 
 and of other neutral countries that British action should not interfere with the normal impor- 
 tation and use by the neutral countries of goods from the United States. 
 I have, etc., 
 
 E. Grey. 
 
 File No. 763.72112/774. 
 
 The British Secretary of State for Foreign Affairs to Ambassador W. 77. Pa^e. 
 
 Foreign Office, Fdruary 10, 1915. 
 
 Your Excellency: Your Excellency has already received the preliminarj' answer, wliich I 
 handed to you on the 7th January, in reply to your note of the 28th December on the subject 
 of the seizures and detentions of American cargoes destined for neutral European ports. 
 
 Since that date I have had further opportunity of examining into the trade statistics of 
 the United States as embodied in the customs returns, in order to see whether the belligerent 
 action of Great Britain has been in any way the cause of the trade depression which Your 
 Excellency describes as existing in the United States, and also whether the seizures of vessels 
 or cargoes which have been made by the British Navy have inflicted any loss on American 
 owners for which our existing machinery provides no means of redress. In setting out the re- 
 sidts of my investigation I think it well to take the opportunity of giving a general review of 
 the methods employed by His Majesty's Government to intercept contraband trade with the 
 enemj'^, of their consistency with tlie admitted right of a beUigcrent to intercept such trade, 
 and also of the extent to which they have endeavored to meet the representations and com- 
 plaints from time to time addressed to them on behalf of the United States Government. 
 
 Toward the close of your note of the 28th December Your Excellcnc}" describes the situa- 
 tion produced by the action of Great Britain as a pitiful one to the commercial interests of the 
 United States, and said that many of the great iadustries of the country were sufferiug because 
 their products were denied long-established markets in neutral European countries contiguous 
 to the nations at war. 
 
 It is unfortunately true that in these days, when trade and finance are cosmopolitan, any 
 war — particularly a war of any magnitude — must result in a grievous dislocation of commerce, 
 including that of the nations which take no part in the war. Your Excellency will realize that 
 in this tremendous struggle for the outbreak of which Great Britain is in no way responsible, 
 it is impossible for the trade of any country to escape all injur}- and loss, but for such His 
 Majesty's Government arc not to blame. 
 
 I do not understand the paragi-aph which I have quoted from Your Excellency's note as 
 referring to these indirect consequences of the state of war, but to the more proximate and 
 direct effect of our belligerent action in dealing with neutral ships and cargoes on the high seas. 
 Such. action has been limited to vessels on their way to enemy ports or ports in neutral coim tries 
 adjacent to the theater of war, because it is only through such ports that the enemy introduces 
 the supphes which he requires for carrying on the war. 
 
 In my earlier note I set out the number of sliips which had sailed from the United States 
 for Holland, Denmark, Norwaj*, Sweden, and Italy, and I there stated that only 8 of the 773 
 had been placed in the prize court, and that only 45 had been temporarih" detained to enable 
 particular consignments of cargo to be discharged for the purpose of prize-court proceedings. 
 To measure the effect of such naval action it is necessary to take into consideration the general 
 statistics of the export trade of the United States during the mouths preceding the outbreak of 
 war and those since the outbreak. 
 
 Taking the figures in millions of dollars, the exports of merchandise from the United States 
 for the seven months of January to July, 1914, inclusive, were 1,201, as compared mth 1,327 in 
 the corresponding months of 1913, a drop of 126 millions of dollare. 
 
 For the months of August, September, October, and November, that is to say, for the 
 four montiis of the war preceding the dchvery of your Excellency's note, the figures of the 
 exports of merchandise were (again in millions of dollars) 667 as compared with 923 in the 
 corresponding months of 1913, a drop of 256 mdlions of dollars. 
 
 If, however, the single article of cotton be eliminated from the comparison, the figures 
 show a very different result. Thus the exports of all articles of merchandise other than cot- 
 ton from the United States during the first seven montlis of 1914 were 966 millions of dollars.
 
 KESTEAIXTS OX COMMERCE. 45 
 
 as agaijist 1,127 millions in 1913, a drop of 161 millions of dollars, or 14J per cent. On the 
 other hand, the exports of the same articles during the months August to Xovember amounted 
 to 608 miUioas of dollars as compared with 630 milhons in 1(113, a drop of only 22 millions, 
 or less than 4 per cent. 
 
 It is therefore clear that, if cotton be excluded, the effect of the war has been not to 
 increase but practically to arrest the decline of American exports which was in progress 
 earher in the year. In fact, any decrease in ^Vmerican exports which is attributable to the 
 war is essentially due to cotton. Cotton is an article which can not possibly have been affected 
 by the exercise of our belligerent rights, for, as Yom- Excellency is aware, it has not be 
 declared by His Majesty's Govcrmncnt to be contraband of war, and the rules under which 
 we are at present conducting our belligerent operations give us no power in the absence of 
 a blockade to seize or interfere with it when on its wa}' to a belhgerent country in neutral 
 ships. Consequently no cotton has been touched. 
 
 Into the causes of the decrease in the exports of cotton I do not feel that there is any need 
 for me to enter, because, whatever may have been the cause, it is not to be found in the exercise 
 of the belhgerent rights of visit, search, and capture, or in om- general right when at war to 
 intercept the contraband trade of our enemy. Imports of cotton to the United Kingdom fell as 
 heavity as those to other countries. No place felt the outbreak of war more acutelv than the 
 cotton districts of Lancasliire, where for a time an immense number of spindles were idle. 
 Though this condition has now to a large extent passed away, the consumption of the raw 
 material in Great Britain was temporarily much diminished. The same is no doubt true of 
 France. 
 
 The general result is to show convincingly that the naval operations of Great Britain are 
 not the cause of any diminution in the volume of American exports, and that if the commerce of 
 the United States is in the unfavourable condition wliich your Excellency describes, the cause 
 ought in fairness to be sought elsewhere than in the activities of His Majesty's naval forces. 
 
 I may add that the circular issued by the Department of Commerce at Washington on the 
 23rd January admits a marked improvement in the foreign trade of the United States, which 
 we have noted with great satisfaction. The first paragraph of the circular is worth quoting 
 verbatim: 
 
 A marked improvement in our foreign trade is indicated by the latest report? issued by the Department of Com- 
 merce through ita Bureau of Foreign and Domestic Commerce, sales of foodstuffs and certain lines of manufactures 
 having been unusually large in Xovember, the latest period for which detailefl information is at hand. In that month 
 exports aggregated 206,000,000 dollars, or double the total for August last, when, by reason of the outbreak of war, our 
 foreign trade fell to the lowest level reached in many years. In December there was further improvement, tlie month's 
 exports being valued at 246,000,000 dollars, compared with 233,000,000 in December, 1913, and within 4,000,000 of the 
 high record established in December, 1912. 
 
 A better view of the situation is obtained by looking at the figiu-es month by month. Tlie 
 exports of merchandise for the last five months have been (in millions of dollars) : 
 
 August 110 
 
 September I.j6 
 
 October 194 
 
 Xovember 205 
 
 December 240 
 
 The outbreak of war produced in the United States, as it did m aU neutral countries, an 
 acute but temporary distm-bance of trade. Since that time there seems to have been a steady 
 recovery, for to-day the exports from the United States stand at a higher figure than on the 
 same date hxst year. 
 
 Before passing away from the statistics of trade, and in order to demonstrate still more 
 clearly if necessary that the naval operations of Great Britain and her allies have had no 
 detrimental effect on the volume of trade between the United States and neutral countries, 
 it is worth while to analyse the figures of the exports to Europe since the outbreak of hos- 
 tilities. For this purpose the European countries ought to be grouped under tliree heads: 
 Great Britam and those fighting with her, neutral countries, and enemy countries. It is, 
 however, imjjossible for me to group the countries in this way satisfactorU}', as the figures 
 relatmg to the export trade of the United States with each country have not yet been pub- 
 lished. In the prelimmary statement of the export trade of the United States with foreign 
 countries oidy principal coimtries are shown, and various countries which are tabulated 
 separately m the more detailed montlily summary of commerce and finance are omitted. 
 Those omitted include not only the Scandinavian countries, the exports to which are of 
 peculiar importance in dealing with this question, but also Austria. 
 976G6''— 15 7
 
 46 KESTRAINTS ON COMMERCE. 
 
 So far as it is possible to distribute the figures under the headings which I have indicated 
 above (all the figures being given in thousands of dollars) the results are as follows: 
 
 Total exports to Europe from the 1st August to the 30th November, 413,995, as against 
 597,342 m 1913. Of these. Great Britahi and her allies took 288,312, as against 316,805 in 
 1913. Germany and Belgium took 1,881 as against 177,136 in 1913; whereas neutral countries 
 (among which Austria-Hungary is unavoidably included) took 123,802, as against 103,401 
 in 1913. 
 
 The general complaint in Your Excellency's note was that the action of Great Britain 
 was affecting adversely the trade of the United States with neutral countries. The naval 
 operations of Great Britain certainly do not interfere with commerce from the United States 
 on its way to the United Kmgdom and the allied countries, and yet the exports to Great 
 Britain and her allies durmg those four months diminished to the extent of over 28,000,000 
 dollars, whereas those to neutral countries and Austria increased by over 20,000,000 dollars. 
 
 The inference may fah'ly be drawn from these figures, all of which are taken from the 
 official returns published by the United States Government, that not only has the trade of 
 the United States with the neutral countries in Europe been maintained as compared with 
 previous years, but also that a substantial part of this trade was, in fact, trade intended for 
 the enemy countries gomg through neutral ports by routes to which it was previously 
 unaccustomed. 
 
 One of the many inconveniences to which this great war is exposing the commerce of 
 aJl neutral countries is undoubtedly the serious shortage in shipping available for ocean 
 transport, and the consecjuential result of excessive freights. 
 
 It cannot fairly be said that this shortage is caUsed by Great Britain's interference with 
 neutral ships. At the present time there are only seven neutral vessels awaiting adjudication 
 in the prize courts in this country, and three in those in the Britisli dominions. As Your 
 Excellency is aware, I have already instructed om- ambassador at Washington to remind the 
 parties who are interested in these vessels that it is open to them to apply to the court for the 
 release of these ships on bail, and if an application of this sort is made by them it is not likely 
 to be opposed by the CVown. There is therefore no reason why such an application should not 
 be favourably entertained by the court, and, if acceded to, all these vessels will agam be avail- 
 able for the carriage of commerce. Oidy one neutral vessel is now detained in this country in 
 addition to those awaiting adjudication in the prize court. 
 
 Every effort has been made in cases in which it has been found necessary to institute pro- 
 ceedings against portions of the cargo to secure the speedy discharge of the cargo and the re- 
 lease of the ship, so as to enable it to resume work. Great Britain is suffering from the short- 
 age of shippmg and the rise in freights as acutely as, if not more than, other nations and 
 His Majesty's Government have taken every step that they could consistently with their 
 belligerent mterests to increase the tonnage available for the transport of sea-borne com- 
 merce. The enemy ships which have been condemned in the prize courts in this country are 
 bemg sold as rapidly as possible in order that they may become available for use; and those 
 which ha-s'c been condemned in the prize courts oversea are bemg brought to this country m 
 order that they may be disposed of here, and again placed in active employment. 
 
 The difficulties have been accentuated by the imforsecn consequences of the convention 
 which was signed at The Hague in 1907 relative to the status of enemy merchant vessels at the 
 outbreak of war. This convention was a well-intentioned effort to dimiriish the losses which 
 war must impose upon innocent pei-sons, and provided that enemy merchant ships seized by a 
 belligerent m whose ports they lay at the outbreak of war should not be condemned, but should 
 meiely be defamed for the period of the war, unless they were hberated in the daj's of grace. 
 We could come to no arrangement with the German Government for the reciprocal grant of 
 days of grace, and the Geiman merchant vessels lying in British poits when the war broke 
 out have therefore been sentenced to detention in lieu of condemnation. The normal result 
 would have been still further to reduce the volume of shipping available for the commerce of 
 the world. To ease the situation, however. His Majcstj^'s Government are resortmg to the 
 power of requisitioning which is given by the convention, so that these ships may again be 
 placed in active service. 
 
 Your Excellency will see therefore that His Majesty's Government are doing all in their 
 power to increase the volume of shippmg available. I hope it vdM be realized that the deten- 
 tion of neutral ships by His Majesty's Government with a view to the capture of contraband 
 trade on its way to the enemy has not contributed nearly so much to the shortage of shipping 
 as has the destruction of neutral vessels by submarine mines indiscriminately laid by the enemy 
 on the high seas, many miles from the coast, in the track of merchant vessels. Up till now 
 25 neutral vessels have been reported as destroyed by mines on the high seas ; quite apart from 
 all questions of the breach of treaties and the destruction of life, there is far more reason for
 
 RESTRAINTS' ox COMMERCE. 47 
 
 protest on the score of belligerent interference -with innocent neutral trade through the mines 
 scattered by the enemy than through the British exercise of the right of seizing contraband. 
 
 I trust that what I have said above will be sufficient to convince your Excellency's Govern- 
 ment that the complaints that the naval policy of Great Britain has interfered with the ship- 
 ments of American products to long-established markets in neutral European coimtries is 
 founded on a misconception. 
 
 In justice to the peoples of both countries, I feel that this opportunity should be taken to 
 explam the lines on which His Majesty's Government have been acting hitherto, so as to show 
 that the line they have followed is in no way inconsistent with the general fundamental prin- 
 ciple of international law and to indicate the care with which they have endeavored to meet 
 the representations which have been made by the United States Government from time to time 
 during the war on these questions. 
 
 No one in these daj-s will dispute the general proposition that a belligerent is entitled to 
 capture contraband goods on their way to the enemy; that right has now become consecrated 
 by long usage and general acquiescence. Though the right is ancient, the means of exercising 
 it alter and develop with the changes in the methods and machinery of commerce. A century 
 ago the difliculties of land transport rendered it impracticable for the belligerent to obtain 
 supplies of sea-borne goods through a neighboring neutral countn,-. Consequently the bel- 
 ligerent actions of his opponents neither required nor justified any interference with shipments 
 on their way to a neutral port. This principle was recognized and acted on in the decisions 
 in which Lord Stowell laid down the lines on which captures of such goods should be dealt with. 
 
 The advent of steam power has rendered it as easy for a belligerent to supply himself 
 through the ports of a neutral contiguous country as through his own and has therefore ren- 
 dered it impossible for his opponent to refrain from interfering with commerce intended for the 
 enemy merely because it is on its way to a neutral port. 
 
 No better instance of the necessity of coimtermg new devices for despatching contraband 
 goods to an enemy by new methods of applymg the fundamental principle of the right to cap- 
 ture such contraband can be given than the steps which the Government of the United States 
 found it necessary to take during the American Civil War. It was at that time that the doc- 
 trine of contmuous voyage was firet applied to the capture of contraband, that is to say, it was 
 then for the first time that a belligerent foimd himself obliged to capture contraband goods on 
 their way to the enemy, even though at the time of capture they were en route for a neutral port 
 from wliich they were intended subsequently to contmue their journey. The policv then fol- 
 lowed by the United States Government was not inconsistent with the general principles already 
 sanctioned by international law, and met with no protest from His Majesty's Government, 
 though it was upon British cargoes and upon British ships that the losses and the inconvenience 
 due to this new development of the application of the old rule of international law principally 
 fell. The criticisms which have been directed against the steps then taken by the United 
 States came, and come, from those who saw in the methods employed in Napoleonic times for 
 the prevention of contraband a limitation upon the right itself, and failed to see that in 
 Napoleonic times goods on their way to a neutral port were immime from capture, not because 
 the immediate destination conferred a privilege, but because capture imder such circumstances 
 was unnecessary. 
 
 The facilities which the introduction of steamers and railways have given to a belligerent 
 to introduce contraband goods through neutral ports have imposed upon his opponent the 
 additional difficulty, when endeavonring to intercept such trade, of distinguishing between the 
 goods which are really destined for the commerce of that neutral country and the goods which 
 are on their way to the enemy. It is one of the many difficulties with wliich the United States 
 Government found themselves confronted in the days of the Civil War, and I cannot do better 
 than quote the words which Mr. Seward, who was then Secretary of State, used in the course 
 of the diplomatic discussion arising out of the capture of some goods on their way to Matamoros 
 which were believed to be for the insurgents: 
 
 Neutrals engaged in honest trade with Matamoros must expect to experience inconvenience from the existing 
 blockade of Brownsville and the adjacent coast of Texas. 'UTiile this Government unfeipiedly regrets this incon- 
 venience, it cannot relinquish any of its belligerent rights to favour contraband trade with insurgent territorj-. By 
 insisting upon those rights, however, it is sure that that necessity lor their exercise at all, which must be deplored by 
 everj- friendly commercial Power, will the more speedily be terminated. 
 
 The opportunities now enjoyed by a beUigerent for obtaining supplies through neutral 
 ports arc far greater than they were fifty years ago, and the geographical conditions of the 
 present struggle lend additional assistance to the enemy in carrying out such importation. We 
 are faced with the problem of intercepting such supphes when arranged with all the advantages 
 that flow from elaborate organisation and unstiated expenditure. If our belligerent rights are 
 to be maintained, it is of the first importance for us to distinguish between what is really bona
 
 48 EESTRAIXTS ON COMMERCE. 
 
 fide trade intended for the neutral eountry concerned and the trade intended for the enemy 
 countiy. Every effort is made by organizers of this trade to conceal the true destmation, and 
 if the innocent neutral trade is to be distinguished from the enemy trade it is essential that 
 His Jilajesty's Govermncnt should be entitled to make, and should make, careful enquiry with 
 regard to the destination of particular shipments of goods even at the risk of some slight delay 
 to the parties interested. If such enquiries were not made, either the exercise of our belligerent 
 rights would have to be abandoned, tending to the prolongation of this war and the increase 
 of the loss and suffering which it is entailing upon the whole world, or else it would be necessary 
 to indulge in indiscriminate captures of neutral goods and their detention throughout all the 
 period of the resulting prize court proceedings. Under the system now adopted it has been 
 found possible to release witliout delay, and consequently without appreciable loss to the parties 
 interested, all the goods of which the destination is shown as the result of the enquiries to be 
 innocent. 
 
 It may weU be that the system of making such enquiries is to a certain extent a new 
 introduction, in that it has been practised to a far greater extent than in previous wars; but 
 if it is correctlj- described as a new departure, it is a departure which is wholly to the advantage 
 of neutrals, and which has been made for the purpose of relieving them so far as possible from 
 loss and inconvenience. 
 
 There was a passage in a note which the State Department addressed to the British 
 ambassador at Washmgton on the 7th November to which I think it may be well to refer: 
 
 In the opinion of this Government, the belligerent right of visit and search requires that the search should be 
 made on the high seas at the time of the visit, and that the conchision of the search should rest upon the e\'idence 
 found on the ship under investigation, and not upon circumstances ascertained from external sources. 
 
 The principle here enunciated appears "to me to bo inconsistent with the practice in 
 these mattere of the United States Government, as well as of the British Government. It 
 certainly was not the rule upon which the United States Government acted either during the 
 Civil War or durmg the Spanish- American War, nor has it ever been the practice of the 
 British Governmeiit, nor so far as I am aware, of any other Government which has had to 
 carry on a gi-eat naval war: as a principle I think it is impossible in modem times. Tlie 
 necessit)' for giving the belligerent captor full liberty to establish by aU the evidence at his 
 disposal the enemy destination with which the goods were shipped was recognized in all the 
 leading decisions in the prize courts of the United States during the Civil War. 
 
 No clearer instance could be given than the reporter's statement of the case of the 
 Bermuda (3 Wallace, 514) : 
 
 The final destination of the cargo in this particular voyage was left so skilfully open * * * that it was not 
 quite easy to p^o^'e, with that certainty which American courts require, the intention, which it seemed plain must 
 have really existed. Thus to prove it required that truth should be collated from a variety of sources, darkened and 
 disguised; from others opened as the cause advanced, and liy accident only; from coincidences undesigned, and facta 
 that were circumstantial. Collocations and comparisons, in short, brought largely their collective force in aid of 
 evidence that was more direct. 
 
 It is not impossible that the course of the present struggle will show the necessity for 
 belligerent action to be taken in various ways which may at first sight be regarded as a departure 
 from old practice. In my note of the 7th January, I dealt at some length with the question of 
 the necessity of taking vessels into port for the purposes of carrying out an effective search, where 
 search was necessary: to that subject I feel that I need not again recur. 
 
 The growth in the size of steamships necessitates in many cases that the vessels should go 
 into calm water, in order that even the right of visit, as apart from the right of search, shoidd 
 be exercised. In modern times a steamer is cajjable of pursumg her voyage irrespective of the 
 conditions of the weather. Many of the neutral merchantmen which our naval officers are 
 called upon to visit at sea are encountered by our cruisers in places and under conditions which 
 render the launching of a boat impossible. The conditions durmg winter in the North Atlantic 
 frequently render it impracticable for days together for a naval officer to board a vessel on 
 her way to Scandinavian countries. If a belligerent is to be denied the right of taking a neutral 
 merchantman, met M-ith under such conditions, into calm water in order that the visiting 
 officer may go aboard, the right of visit and of search would become a nuUity. 
 
 The present conflict is not the fu-st in which this necessity has arisen. As long ago as the 
 Civil War the United States found it necessary to take vessels to United States ports m order 
 to determine whether the circiomstances justified their detention. 
 
 The same need arose during the Russo-Japanese War and also during the second Balkan 
 War, when it sometimes happened that British vessels were made to deviate from their course 
 and follow the cruisers to some spot where the right of visit and of search covdd be more 
 conveniently carried out. In both cases this exercise of belligerent rights, although questioned 
 at ffi'st by His Majestj^'s Government, was ultimately acquiesced in.
 
 KESTRAIXTS OX COMMERCE. 49 
 
 No Power in these days can afford during a great war to forego the exercise of the riglit 
 of visit and search. Vessels which are apparently harmless merchantmen can be used for 
 carrying and laying mines and even fitted to discharge torpedoes. Supplies for submarines 
 can without difliculty be concealed under other cargo. The only protection against those risks 
 is to visit and search thoroughly every vessel appearing in the zone of operations, and if the 
 circumstances arc such as to render it impossible to carry it out at the spot where the vessel was 
 met with the only practicable course is to take the ship to some more convenient localitv for 
 the purpose. To do so is not to be looked upon as a new belligerent right, but as an adaptation 
 of the existing right to the modern conditions of commerce. Like all belligerent rights, it 
 must be exercised with due regard for neutral interests, and it would be unreasonable to expect 
 a neutral vessel to make long deviations from her course for this purpose. It is for tliis reason 
 that we have done all we can to encourage neutral merchantmen on their way to ports con- 
 tiguous to the enemy country to visit some British port lying on their line of route in order 
 that the necessary examination of the ship's papers, and, if required, of the cargo, can be made 
 under conditions of convenience to the ship herself. The alternative would be to keep a vessel 
 which the naval ofhcei-s desired to board waiting, it might be for days together, until the 
 weather conditions enabled the visit to be carried out at sea. 
 
 Xo war has j^et been waged in which neutral individuals have not occasionally suffered 
 from unjustified belligerent action; no neutral nation has experienced this fact more frequcntlj- 
 in the past than Great Britain. The only method by which it is possible to harmonise bellig- 
 erent action with the rights of neutrals is for the belligerent nation to provide some adequate 
 machinery by which in any such case the facts can be investigated and appropriate redress 
 can be obtained by the neutral individual. In this country such machinery is provided by the 
 powei-s which are given to the prize court to deal not only with captures, Ijut also with claims 
 for compensation. Order Y, rule 2, of the British prize coiu-t rules, provides that where a 
 sliip has been captured as prize, but has been subsequently released by the captors, or has by 
 loss, destruction, or otlierwise ceased to be detained by them, without proceedings for condemna- 
 tion having been taken, any person interested in the ship (which by Order I, rule 2, includes 
 goods) wishing to make a claim for costs and damages in respect thereof, shall issue a writ as 
 provided by Order II. A ^\Tit so issued will initiate a proceeding, wliich will follow its 
 ortlinarj^ com'se in the prize court. 
 
 Tills rule gives the prize court ample jiu-isdiction to deal with any claim for compensation 
 by a neutral arising from the interference witli a ship or goods by our naval forces. The best 
 eviiknicc that can be given of the discrimination and tlie moderation with which our naval 
 ofFicers have carried out their duties is to be found in the fact that up to this time no proceedings 
 for the recovery of compensation have been initiated under the ride which I have quoted. 
 
 It is the common experience of every war tliat neutrals whose attempts to engage in 
 suspicious trading arc frustrated by a belligerent are wont to have recourse to their Govern- 
 ment to urge that diplomatic remonstrances should be ma<le on their behalf, and tliat redress 
 should be obtained for them in tliis way. Wlien an effective mode of redress is open to them in 
 the coiu-ts of a civilized country by which they can obtain adequate satisfaction for any inva- 
 sion of their rights which is contrary to the law of nations, the only com'se which is consistent 
 with sound principle is that they should be referred to that mode of redi'css, and that no 
 diplomatic action should be taken until their legal remedies have been exhausted, and they are 
 in a position to show prima facie denial of justice. 
 
 The course adopted by His Majesty's Govenmaent during the American Civil War was 
 in strict accordance witli this principle. In spite of remonstrances from many quarters, they 
 placed full reliance on the American prize courts to grant redress to the parties interested in 
 cases of alleged WTongful capture by American ships of war, and put forward no claims until 
 the opportunities for redress in those courts had been exhausted. The same course was adopted 
 in the Spanish- American War, when all British subjects who complained of captm-es or deten- 
 tions of tlieir ships were referred to tlie prize courts for relief. 
 
 Before leaving the subject may I remind Your Excellency of the fact that at yom* request 
 you are now sui^plied immediately by this department with particulars of every ship under 
 American coloi's whicli is detained, and of every shipment of cargo in which an ^Vmcrican 
 citizen appeal's to be the party interested. Not only is the fact of detention notified to Your 
 Excellency, but so far as is practicable the gi'ounds upon which the vessel or cargo has been 
 detained arc also communicated to you; a concession whicli enables any United States citizen to 
 take steps at once to protect his interests. 
 
 His Majesty's Government have also done all that lies in their power to insure rapid 
 action when ships are reported in British ports. They realize that the sliip and cargo owniers 
 may reasonably expect an imniediato decision to be taken as to whetlier the ship may ho 
 allowed to proceed, and whether her cargo or any part of it must be discharged and put into
 
 50 RESTRAINTS OX COMMERCE. 
 
 the prize court. Kealizing that the ordinary methods of interdepartmental correspondent 
 mio'ht cause delays which could be obviated by another method of procedure, they established 
 several moutlis ago a special committee, on wliich all the departments concerned are repre- 
 sented. Tliis committee sits daily, and is provided with a special clerical staff. As soon as 
 a ship reaches port fidl particiUars are telegraphed to London, and the case is dealt with at 
 the next meeting of the committee, immediate steps being taken to cany out the action decided 
 upon. By the adoption of this procedure it has been found possible to reduce to a minimum 
 the delays to which neutral shipping is exposed by the exercise of belligerent rights, and by 
 the necessity, imposed by modern conditions, of examining with care the destination of contra- 
 band articles. 
 
 Particular attention is directed in Your Excellency's note to the policA' we are pursuing 
 with regard to conditional contraband, especiaUj" foodstuffs, and it is there stated that a num- 
 ber of American cargoes have been seized without, so far as Your Excellency's Government 
 are informed, our being in possession of facts which warranted a reasonable behef that the 
 shipments had in reaht\' a belligerent destination, and in spite of the presumption of uuioccnt 
 use due to their being destined to neutral territory. The note does not specify any particular 
 seizures as those which formed the basis of this complaint, and I am therefore not aware 
 whether the passage refers to cargoes which were detamed before or suice the order in council 
 of the 29th October was issued. 
 
 Yoiu- Excellency will no douljt remember that soon after the outbreak of war an order of 
 His Majesty in comicil was issued under which no distinction was draw-n in the apphcation of 
 the doctrine of continuous voyage between absolute contraband and conditional contraband, and 
 which also imposed upon the neutral owner of contraband somewhat drastic conditions as to the 
 burden of proof of the guUt or imiocence of the shipment. 
 
 The principle that the burden of proof should always be imposed upon the captor has 
 usually been admitted as a theory. In practice, however, it has almost always been otherwise, 
 and any student of the prize courts decisions of the past or even of modern wars wdl find that 
 goods seldom escape condemnation unless then* owner was in a position to prove that their 
 destination was umocent. An attempt was made some few years ago, m the unratified Declara- 
 tion of London, to formulate some definite ndes upon this subject, but time alone can show 
 whether the rules there laid do\\ni will stand the test of modern warfare. 
 
 The rules which His Majesty's Government published m the order in councU of the 20th 
 August, 1914, were criticised by the United States Government as contrarj- to the generall}- 
 recognized principles of international law, and as infhcting umiecessary hardship upon neutral 
 commerce, and Your Excellency 'satII remember the prolonged discussion which took place 
 between us tlirough the month of October with a view to finding some new formulae which 
 should enable us to restrict supplies to the enemy forces, and to prevent the supply to the enemy 
 of materials essential for the makmg of mtmitions of war, while inflicting the minimum of 
 injury and interference with neutral commerce. It was with this object that the order in coun- 
 cil of the 29th October was issued, under the provisions of which a far greater measure of im- 
 munity is conferred upon neutral commerce. In that order the principle of noninterference 
 with conditional contraband on its way to a neutral port is in large measure admitted; only 
 in three cases is the right to seize maintained, and in all those cases the opportunity is given 
 to the claimant of the goods to estabhsh their innocence. 
 
 Two of those cases are where the ship's papers afford no information as to the person for 
 whom the goods are intended. It is only reasonable that a belligerent should be entitled to 
 regard as suspicious cases where the shippers of the goods do not choose to disclose the name of 
 the individual who is to receive them. The third case is that of goods adch'essed to a person 
 in the enemy territory. In the peculiar circumstances of the present struggle, where the forces 
 of the enemy comprise so large a proportion of the population, and where there is so Httle 
 evidence of shipments on private as distinguished from Government account, it is most rea- 
 sonable that the burden of proof should rest upon the claimant. 
 
 The most difficult questions in connection with conditional contraband arise with reference 
 to the shipment of foodstuffs. Xo country has maintained more stoutly than Great Britain in 
 modern times the principle that a beUigerent should abstam from interference with the food- 
 stuffs intended for the civd population. The circumstances of the present struggle are causing 
 His Majesty's Government some anxiety as to whether the existing rules with regard to condi- 
 tional contraband, framed as they were with the object of protecting so far as possible the 
 supphes which were intended for the civU population, are effective for the purpose, or suitable 
 to the conditions present. The principle which I have indicated above is one which His 
 Majesty's Government have constantly had to uphold against the opposition of contuiental 
 powers. In the absence of some certainty that the rule would be respected by both parties to 
 this conflict, we feel great doubt whether it should be regarded as an established principle of 
 international law.
 
 EESTEAINTS OX COMMERCE. 51 
 
 Your Excellency \vill, no doubt, remember that in 1885, at the time when His Majesty's 
 Government were discussing with the French Government this question of the right to declare 
 foodstuffs not intended for the military forces to be contraband, and when public attention 
 had been drawni to the matter, the Kiel Chamber of Commerce applied to the German Govern- 
 ment for a statement of the latter's views on the subject. Prince Bismarck's answer was as 
 follows: 
 
 In answer to their representation of the 1st instant, I reply to the Giamber of Commerce that any disadvantage 
 our commeriial and carrj-ing interests may suffer by the treatment of rice as contraband of war does not justify our 
 opposing a measure which it has been thought fit to take in carrjdng on a foreign war. Every war is a calamity, which 
 entails evil consequences not only on the combatants, but also on neutrals. These evils may easily be increased by 
 the interference of a neutral power with the way in which a third carries on the war, to the disadvantage of the sub- 
 jects of the interfering power, and by this means German commerce might be weighted with far heavier losses than 
 a transitorj' prohibition of the rice trade in Chinese waters. The measure in question has for ils object the shortening of 
 the uar by increasing the difficulties of the enemy, and is a justifiable step in war if impartially enforced against all neutral 
 ships. 
 
 His Majesty's Government are disposed to think that the same view is still maintained 
 by the German Government. 
 
 ^^jiother circumstance wliich is now coming to light is that an elaborate machinery has 
 been organized by the enemy for the supply of foodstuffs for the use of the German army 
 from overseas. Under these circumstances it would be absurd to give any definite pledge that 
 in cases where the supplies can be proved to be for the use of the enemy forces they should 
 be given complete immunity by the simple expedient of dispatching them to an agent in a 
 neutral port. 
 
 The reason for drawing a distinction between foodstuffs intended for the civil popula- 
 tion and those for the armed forces or enemy Government disappears when the distinction 
 between the civil popiUation and the armed forces itseK disappears. 
 
 In any country in wliich there exists such a tremendous organization for war as now 
 obtains in Germany there is no clear division between those whom the Government is respon- 
 sible for feeding and those whom it is not. Experience shows that the power to requisition 
 wiU be used to the fidlest extent in order to make sure that the wants of the military are 
 supplied, and however much goods may be imported for civil use it is by the military that 
 thoy will be consiuued if military exigencies require it, especially now that the German Gov- 
 ernment have taken control of all the foodstuffs in the country. 
 
 I do not wish to overburden this note with statistics, but in proof of my statement as to 
 the unprecedented extent to wliich supphes are reaching neutral ports I should Uke to instance 
 the figures of the exports of certain meat products to Denmark diuing the months of September 
 and October. Denmark is a coimtry wliich in normal times imports a certain quantity of such 
 products, but exports stiU more. In 1913, during the above two months, the United States 
 exports of lard to Denmark were ml, as compared ^vith 22,652,598 pounds in the same two 
 months of 1914. The corresponding figures with regard to bacon were: 1913, nil; 1914, 
 1,022,195 pounds; canned beef, 1913, nil; 1914, 151,200 pounds; pickled and cured beef, 1913, 
 42,901 pounds; 1914, 156,143 pounds; pickled pork, 1913, nil; 1914, 812,872 pounds. 
 
 In the same two months the United States exported to Denmark 280,176 gallons of mineral 
 lubricating oil in 1914 as compared with 179,252 in 1913; to Norway, 335,468 gallons in 1914, 
 as against 151,179 gallons in 1913; to Sweden, 896,193 gallons in 1914, as against 385,476 gallons 
 in 1913. 
 
 I have already mentioned the framing of the order in council of the 20th October, and 
 the transmission to your ExceUencj^ of particidars of ships and cargoes seized as instances of 
 the efforts which we have made throughout the course of this war to meet all reasonable com- 
 plauits made on behalf of ^Vmerican citizens, and in my note of the 7th January I alluded to 
 the decision of our prize court in the case of the Miramichi, as evidencing the Uberal principles 
 adopted toward neutral commerce. 
 
 I should also hke to refer to the steps which we took at the beginning of the war to insure 
 the speedy release of cargo claimed by neutrals on board enemy ships which were captured 
 or detained at the outbreak of war. Under our prize court rules release of such goods can 
 be obtained without the necessity of entering a claim in the prize court if the documents of 
 title are produced to the officer representing His Majesty's Government, and the title to the 
 goods is established to his satisfaction. It wa.s shortly found, however, that this procedure 
 did not provide for the case where the available evidence was so scanty that the officer repre- 
 senting the Crown was not justified in consenting to a release. In order, therefore, to amelio- 
 rate the situation we estabhshed a speciid committee, with full powers to authorise the release 
 of goods without insisting on full evidence of title being produced. This committee dealt 
 with the utmost expedition with a large number of claims. In the great majority of cases 
 the goods claimed were released at once. In addition to the cases dealt with by this com-
 
 52 RESTRAINTS OX COMMERCE. 
 
 mittcc a very large amount of cargo was released at once by the procurator general on produc- 
 tion of documents. Claimants therefore obtained their goods without the necessity of apply- 
 ing to the prize court and of incurring the expense involved in retaining lawyei-s, and without 
 the risk, which was m some cases a considerable one, of the goods beuig eventually held to be 
 enemy j^roperty and condemned. We have reason to know that our action in this matter was 
 highh- appreciated by mimy American citizens. 
 
 Another instance of the efforts which His Majesty's Government have made to deal as 
 leniently as possible with neutral interests may be fomid in the policy which we have followed 
 with regard to the transfer to a neutral flag of enemy ships belonging to companies which 
 were incorporated in the enemy co\mtry, but all of whose shareholders were neutral. The 
 rules appUed by the British and by the American prize courts have alwaj's treated the flag 
 as conclusive in favour of the captors in spite of neutral proprietary interests (see the case 
 of the Pedro, 175 U. S., 354). In several cases, however, we have consented to waive our 
 belligerent rights to treat as enemy vessels ships belongrag to companies incorporated in 
 Germany which were subsidiary to and owned by American corporations. The only condition 
 which we have imposed is that these vessels should take no further part in trade with the 
 enemy country. 
 
 I have given these indications of the policy' wliich we have followed, because I cannot 
 help feeling that if the facts were more fully known as to the efforts which we have made 
 to avoid inflicting any avoidable injury on neutral interests, many of the complamts which 
 have been received by the administration in Washington, and which led to the protest which 
 yovu" Excellency handed to me on the 29th December would never have been made. My hope 
 is that when the facts which I have set out above are realised, and when it is seen that our 
 naval operations have not diminished American trade with neutral countries, and that the 
 lines on wliich we have acted are consistent with the fundamental prmciples of international 
 law, it will be apparent to the Govermncnt and people of the United States that His Majesty's 
 Govcrmucut have hitherto endeavoured to exercise their belligerent rights with every possible 
 consideration for the interests of neutrals. 
 
 It win still be our endeavour to avoid injury and loss to neutrals, but the annoimcement by 
 the German Government of theu* intention to sink merchant vessels and then- cargoes without 
 verification of their nationality or character, and without making an}' provision for the safety 
 of non-combatant crews or giving them a chance of saving their lives, has made it necessary for 
 His Majesty's Government to consider what measures they should adopt to protect their 
 interests. It is impossible for one belligerent to depart from i-ules and precedents and for the 
 other to remain bound by them. 
 
 I have the honour, etc., etc., (Signed) E. Grey. 
 
 To His ExceUencv 
 
 The Hon'"" W. H. Page 
 etc., etc., etc. 
 
 File Xo. TC3.72/1495. 
 
 Amhassador Gerard to the Secretary of State. 
 
 No. 525.] American Embassy, 
 
 Berlin, February 6, 1915. 
 
 Sir: I have the honor to transmit to you herewith two copies of the proclamation of the 
 German Admu-alty of February 4, 1915, declaring the waters surromiding Great Britam and 
 Ireland to be comprised M-ithm the seat of war, as well as two copies each in German and 
 French of the memorial of the Imperial Government on this subject and an English translation 
 of the same. 
 
 I have, etc., 
 
 James W. Gerard. 
 
 (Inclosurc 1— Translation.] 
 PROCLAMATION". 
 
 1. The waters surrounding Great Britain and Ireland including the whole English channel are hereby declared 
 to be war zone. On and after the ISth of February, 1915, everj- enemj' merchant ship found in the said war zone will 
 be destroyed without its being always possible to avert the dangers threatening the crews and passengers on that account. 
 
 2. Even neutral ships are exposed to danger in the war zone as in view of the misuse of neutral flags ordered on 
 January 31 by the British Government and of the accidents of naval war, it can not always be avoided to strike even 
 neutral ships in attacks that are directed at enemy ships.
 
 RESTRAIXTS OX COMMERCE. 53 
 
 3. Northward navigation around the Shetland Islands, in the eastern waters of the Xorth Sea and in a -trip of 
 not less than 30 miles width along the Netherlands coaat is in no danger. 
 
 VON POHL, 
 
 Chitfofihe Admiral Staff of tite Navy, 
 Berlin', Fehritary 4, 1915. 
 
 [Inclosiire 2— Translation.) 
 
 MEMORIAL OF THE IMPERI.^L GERMAN OOVERMMENT RESPECTING RETALIATOtlV MEASURES RENDERED NECESSARY BY 
 THE MEANS EMPLOYED BY ENGLAND CONTRARY TO INTERNATIONAL LAW IN INTERCEPTINO NEUTRAL MARITIME 
 TRADE WITH GERMANY. 
 
 Since the commencement of the present war Great Britain's conduct of commercial warfare against Germany 
 has been a mockery of all the principles of the law of nations. \\'hile the Brili.»h Government have by several orders 
 declared that their naval forces should be guided by the stipulations of the Declaration of London, they have in reality 
 repudiated this Declaration in the most essential point.-), notwithstanding the fact that their own delegates at the 
 Maritime Conference of London acknowledged its acts as forming part of existing international law. The British 
 Government have placed a number of articles on the contraband list which are not at all, or only very indirectly 
 capable of iwe in warfare, and consequently can not be treated as contraband cither under the Declaration of London 
 or under the generally acknowledged rules of international law. In addition, they have in fact obliterated the dis- 
 tinction between absolute and conditional contraband by confiscating all arti'les of conditional contraband destined 
 for Germany, whatever may be the port where these articles are to be unloaded, and without regard to whether they 
 are destined for uses of war or peace. They have not even hesitated to violate the Declaration of Paris, since their 
 naval forces have captured on neutral ships German property which was not contraband of war. Furthermore, they 
 have gone further than their own orders respecting the Declaration of London and rau-^cd numerous German subjects 
 capable of bearing arms to be taken from neutral ship,s and made prisoners of war. Finally, they have declared the 
 North Sea in it.t whole extent to be the .seat of war, thereby rendering difficult and extremely dangerous, if not impos- 
 sible, all navigation on the high seas between Scotland and Nonvay, so that they have in a way e«tablishe<i a block- 
 ade of neutral coasts and ports, which is contrary to the elementary principles of generally accepted international law. 
 Clearly all these measures are part of a plan to strike not only the German military operations but also the economic 
 system of Germany, and in the end to deliver the whole German people to reduction by famine, by intercepting 
 legitimate neutral commerce by method* contrary to international law. 
 
 The neutral powers have in the main acquiesced in the measures of the British Government; in particular 
 they have not been successlul in securing the release by the British Government of tlie German subjects and 
 Cierman merchandise illegally taken from their vessels. To a certain extent they have even contributed toward the 
 execution of the measures adopted by England in defiance of the principle of the freedom of the seas by prohibiting 
 the export and transit of goods destined tor peaceable purposes in Germany, thus exidently yielding to pressure by 
 England. The Cierman Government have in vain called the attention of the neutral powers to the fact that Germany 
 must seriously question whether it can any longer adhere to the stipulations of the declaration of London, hitherto 
 strictly obser\ed by it. in case England continues to adhere to its practice, and the neutral powers per-sLst in looking 
 with indulgence upon all these \-iolations of neutrality to the detriment of Germany. Great Britain invokes the vital 
 interest of the British Empire which are at stake in justification of its violations of the Ian- of nations, and the neutral 
 powers appear to be satLsfied ■with theoretical protests, thtis actually admitting the vital interests of a belligerent aa 
 a sufficient excu.«e for methods of waging war of whatever description. 
 
 The time has come for Germany also to invoke such ^•ital interests. It therefore finds itself under the necessity, 
 to its regret, of taking military measures against England in retaliation of the practice followed by England. Just 
 as England declared the whole North Sea between Scotland and Norway to be comprised within the seat of war, so 
 does Germany now declare the waters surrounding Great Britain and Ireland, including the whole English Channel 
 to I>e comprised within the seat of war. and will prevent by all the mililarj- means at its disposal all na^'igation by 
 the enemv' in those waters. To this end it will endeavor to destroy, after February 18 next, any merchant vessels 
 of the enemy which present themselves at the seat of war above indicated, although it may not always he possible 
 to avert the dangers which may menace persons and merchandise. Neutral powers are accordingly forewarned not 
 to continue to entru.st their crews, passengers, or merchandise to such vessels. Their attention is furthermore called 
 to the fact that it is of urgency to recommend to their own vessels to steer clear of these waters. It is true that the 
 German Navy has received instructions to abstain from all \'iolence against neutral vessels recognizable as such; but 
 in view of the hazards of war, and of the misuse of the neutral flag ordered by the British Government, it will not 
 always be po.ssible to prevent a neutral vessel from becoming the \-ictim of an attack intended to be directed against 
 a vessel of the enemy. It i.s expressly declared that navigation in the waters north of the Shetland Islands is outside 
 the danger zone, as well as naA-igation in the eastern part of the North Sea and in a zone thirty marine miles wide 
 along the Dutch coast. 
 
 The German Government announces this measure at a time permitting enemy and neutral ships to make the 
 necessar>- arrangements to reach the ports situated at the scat of war. They hope that the neutral powers will accord 
 consideration to the vital interests of Germany equally with those of England, and will on their part a.ssist in keeping 
 their subjects and their goods far from the seat of war; the more so since they likewise have a great interest in seeing 
 the termination at an early day of the war now ravaging. 
 
 Berlin, February 4. 1915. 
 
 97666°— 15 8
 
 54 RESTRAINTS ON COMMERCE. 
 
 File No. 763.72/1434.] 
 
 The Secretary of State to Amhassador Gerard. 
 
 [Telegram.] 
 
 Department of State, 
 
 Washington, Fehruary 10, 1915. 
 
 Plca-sc address a uoto immediately to the Imperial GoiTaan Government to the following 
 effect: 
 
 The Government of the United States, having had its attention directed to the jjroclama- 
 tion of the German Admirality issued on the fourth of February, that the watei's suiTounding 
 Great Britain and Ireland, including the whole of the English Chamiel, are to be considered 
 as com])rised within the scat of war; that all enemy merchant vessels found in those waters 
 after the eighteenth instant will be destroyed, although it may not always be jjossible to save 
 crews and passengers: and that neutral vessels expose themselves to danger within this zone of 
 war because, in view of the misuse of neutral flags said to have been ordered by the British 
 Government on the thirty-fii"st of January and of tlie contingencies of maritime warfare, it may 
 not be possible always to exemjit neutral vessels from attacks intended to strike enemy ships, 
 feels it to be its duty to call the attention of the Imperi^d German Govenunent, with sincere 
 respect and the most friendly sentiments but very candidly and earnestly, to the very serious 
 possibilities of the course of action apparently contemplated under that proclamation. 
 
 The Government of the United States views those possibilities with such grave concern 
 that it feels it to be its i)rivilegc, and indeed its duty in the circumstances, to request the 
 Imperial German Government to consider before action is taken the critical situation in respect 
 of the relations between this country and Germany which might arise were the German naviil 
 forces, in carrying out the policy foreshadowed in the Admiralty's proclamation, to destroy 
 any merchant vessel of the United States or cause the death of American citizens. 
 
 It is of course not necessary to remind the German Govermnent that tlie sole right of a 
 belligerent in dealing with neutral vessels on the high seas is hmited to visit and search, unless 
 a blockade is proclaimed and effectively maintained, which this Government does not under- 
 stand to be proposed in this case. To declare or exercise a right to attack and destroy any 
 vessel entering a prescribed area of the high seas without first certamly determining its bellig- 
 erent nationality and the contraband character of its cargo would be an act so unprecedented 
 in naval warfare that this Government is reluctant to believe tliat the Imperial Government of 
 Germany in tliis case contemplates it as possible. Tlic suspicion that enemj' ships are using 
 neutral flags improperly can create no just presumption that all ships traversing a prescribed 
 area are .subject to the same suspicion. It is to determine exactly such questions that this Gov- 
 ernment understands the right of visit and search to have been recognized. 
 
 This Government has carefully noted the explanatory statement issued by the Imperial 
 German Government at the same time with the proclamation of the German Admiralty, and 
 takes this occasion to remind the Imperial German Government very respectfully that the Gov- 
 ernment of the United States is open to none of the criticisms for unneutral action to which the 
 German Government believe the governments of certain of other neutral nations have laid 
 themselves open; that the Government of the United States has not consented to or acquiesced 
 in any measures which may have been taken by the other belligerent nations in the present 
 war wMch operate to restrain neutral trade, but has, on the contrary, taken in all such matters 
 a position which wan-ants it in holding those governments responsible in the proper way for 
 any untoward effects upon iVmerican shipping which the accepted principles of international 
 law do not justify: and that it, therefore, regards itself as free in the present instance to take 
 with a clear conscience and upon accepted principles the position indicated in this note. 
 
 If the commanders of German vessels of war should act upon the presumption that the 
 flag of the United States was not being used in good faith and should destroy on the high seas 
 an American vessel or the lives of American citizens, it woidd be chfficult for the Government 
 of the United States to view the act in any other light than as an indefensible violation of 
 neutral rights which it would be vcrj^ hard indeed to reconcile wdth the friendly relations now 
 so happily subsisting between the two Governments. 
 , If such a deplorable situation should arise, the Imperial German Government can readily 
 
 appreciate that the Govermnent of the United States would be constrained to hold the Imperial 
 German Government to a strict accountability for such acts of their naval authorities and to 
 take any steps it might be necessary to take to safeguard American lives and property and to 
 secure to American citizens the full enjoyment of their acknowledged rights on the high seas. 
 
 The Government of the United States, in view of these considerations, which it urges with 
 the greatest respect and with the sincere piu-pose of making sure that no misunderstanding 
 may arise and no circumstance occur that might even cloud the intercoiu'se of the two Govern-
 
 RESTRAINTS ON COMMERCE. 55 
 
 ments, expresses the confident hope and expectation that the Imperial German Government 
 can and will give assurance that American citizens and their vessels will not be molested by 
 the naval forces of Germany otherwise than by visit and search, though their vessels may be 
 traversing the sea area delimited in the proclamation of the German Admiralty. 
 
 It is added for the information of the Imperial Government that representations have 
 been made to His Britannic Majesty's Govermnent in respect to the unwarranted use of the 
 American flag for the protection of British ships. 
 
 Bkya.v. 
 
 File No. 811.0151/33. 
 
 The Secretary of State to Ambassador 11'. //. Pufit . 
 [T(<l('f;rain.] 
 
 Department of State, 
 Washington, February 10, 1915. 
 
 The department has been advised of the Declaration of the German Admiralty on Feb- 
 ruary fourth, indicating that the British Government had on January thirty-first explicitly 
 authorized the use of neutral flags on British merchant vessels presumably for the purpo.se of 
 avoiding recognition by German naval forces. The departments attention has also been 
 directed to reports in the press that the captain of the Lusitama, acting upon orders or in- 
 formation received from the British authorities, raised the American flag as his vessel 
 approached the British coasts, m order to escape anticipated attacks by German submarines. 
 To-day's press reports also contain an alleged official statement of the Foreign Oflice defend- 
 mg the use of the flag of a neutral country by a l)elligprent vessel in order to escape capture 
 or attack by an enemy. 
 
 Assuming that the foregoing reports are true, the Government of the United States, reserv- 
 ing for future consideration the legality and ])ropriety of tiie deceptive use of the flag of a 
 neutral power hi any case for the purpose of avoiduig capture, desires very respectfully to point 
 out to His Britannic Majesty's Government the serious consequences which may result to 
 American vessels and American citizens if this practice is continued. 
 
 The occasional use of the flag of a neutral or an enemy under the stress of immediate pur- 
 suit and to deceive an approaching enemy, which appears by tlie press reports to be represented 
 as the precedent and justification used to support this action, .seems to this Government a very 
 difl'erent thing from an explicit sanction by a belligerent government for its merchant ships 
 generally to fly the flag of a neutral power within certam portions of the high seas which are 
 presumed to be frequented with hostile warships. The formal declaration of such a policy of 
 general misuse of a neutral's flag jeopardizes tlio vessels of the neutral visitmg those waters in 
 a peculiar degree by raising the presumption that they are of belligerent nationality regardless 
 of the flag which they may carry. 
 
 In view of the amiounced purpose of the German Admiralty to engage in active naval oper- 
 ations m certain delimited sea areas adjacent to the coasts of Great Britain and Ireland, the 
 Government of the United States woidd view with anxious solicitude anv <reneral use of the flas 
 of the United States by British vessels traversing those waters. A policy such as the one wliich 
 His Majesty's Government is said to intend to adopt would, if the declaration of the German 
 Admiralty is put in force, it seems clear, afl'ord no protection to British vessels, whOe it would 
 be a serious and constant menace to the lives and vessels of American citizens. 
 
 The Government of the United States, therefore, trusts that His Majesty's Government 
 will do all in their power to restrahi vessels of British nationality from the deceptive use of the 
 flag of tlie United States m the sea ai'ea defined in the German declaration, since such prac- 
 tice would greatly entlanger the vessels of a friencUy power navigating those waters and would 
 even seem to impose upon the Government of Great Britain a measure of responsibility for the 
 loss of American lives and vessels in case of an attack by a German naval force. 
 
 Please present a note to Sir Edward Grej' ui the sense of the foregoing and impress him 
 with the grave concern wliicli tlus Government feels in the circumstances in regard to the safety 
 of American vessels and lives in the war zone declared by the German Admiralty. 
 
 You may add that this Government is making earnest representations to the German 
 Government in r(\gard to the danger to American vessels and litizens if tlie declaration of the 
 Gerr.iiia Achuiralty is ])ut into effect. 
 
 Bryan.
 
 56 KESTRAIKTS ON COMMERCE. 
 
 File No. 763.72/1481. 
 
 The German Minister for Foreign Ajfalr.s to Ambassador Gerard. 
 
 Berlin, February 16, 1915. 
 
 Ill reference to the note of the twelfth instant, Foreign OfRce number twenty-two sixty, 
 relative to the German mea.sures respectuig the theater of war in the waters suri'ounding 
 England, the luidersigned has the honor to reply to His Excellenc}' the Ambassador of the 
 United States, James W. Gerard, as follows: 
 
 The Imperial German Government have examuiod the communication of the Govern- 
 ment of the United States in the same spirit of good will and friendship which seems to liave 
 prompted tliis communication. 
 
 The Imperial German Government are in entire accord with the Government of the United 
 States that it is in the highest degree desirable for all parties to avoid the misunderstanding 
 whicli might arise from tlic measures announced by the German Admiralty and to avert tlic 
 intrusion of events calculated to interrupt tlie most friendly relations wliich liave so ]ia])pily 
 existed between the two Governments up to this time. 
 
 On this assurance the Gennan Government believe that they may depend on full under- 
 standing on the part of the United States, all the more because the action amiounced b}- the 
 German Admiralty, as was dwelt upon at length m the note of the fourth instant, is in no wise 
 directed against the legitimate trade and navigation of neutral states, but merely represents 
 an act of self-defense which Germany's vital interests force her to take against England's 
 method of conducting maritime war in defiance of international law, which no protest on tlie 
 part of neutrals has availed to bring into accordance with the legal status generally recognized 
 before the outbreak of hostilities. 
 
 In order to exclude all possible doubt on this cardinal point the German Government beg 
 to set forth once more the actual situation. 
 
 Up to noM' Germany has scrupulously^ observed the existing provisions of international law 
 relative to maritime war. In particular she assented without delay to the proposal made by 
 the ^Vmerican Government directly after the war began to ratify the Declaration of London antl 
 embodied the contents thereof without change in her prize law, even without formall}- binding 
 herself m this direction. The German Govenmient have adhered to these provisions, even 
 where they conflicted with military interests. Our Government at the same time have per- 
 mitted the supply of food 1)}- Denmark to England until the present, although tliev could well 
 have prevented this traffic by means of their naval forces. 
 
 In direct opposition to this, England has not shrunk from grave violations of international 
 law wherever she could thereby cripple Germanj-'s peaceable trade with neutral countries. 
 It wdl not be necessary for the German Government to go uito great detail on this point, 
 especiiiUy since the American note to the British Government dated December twenty-eighth, 
 nineteen fourteen, which has been brought to their knowledge, has dealt with this pomt veiy 
 aptly if not very exhaustively on the ground of the experiences of months. 
 
 It is conceded that the intention of aU these aggressions is to cut off Germany from all 
 supplies and thereby to dcli\er up to death by famine a peaceful civilian population, a pro- 
 cedure contrary to law of war and every dictate of humanity. 
 
 The neutrals have not been able to prevent this interception of different kinds of trade 
 with Germany contrarv to international law. It is true that the American Government have 
 protested against England's procedure, and Germany is glad to acknowledge this, but in spite 
 of this protest and the protests of the other neutral Governments England has not allowed 
 herself to be dissuaded from the course originally adopted. Thus, the American ship Wil- 
 Jielmina was recently brought into port by England, although her cargo was destined solely 
 for the civil population of Germany and was to be used only for this purpose according to an 
 express declaration of tlie German Government. 
 
 in this way the following has been created: Gennany is to all intents and purposes cut off 
 from oversea supplies with the toleration, tacit or protestiivg, of the neutrals regardless of 
 whether it is a question of goods which are absolute contraband or oidy conditional contraband 
 or not contraband at all. following the law generally recognized before the outbreak of the 
 war. On the other hand England Avith the indulgence of neutral Governments is not only 
 beuig provided with such goods as are not contraband or merely conditional contraband, 
 namely, foodstuffs, raw material, ct cetera, although these are treated by England when 
 Germany is in question as absolute contraband, but also with goods which have been regularly 
 and unquestionably acknowledged to be absolute contraband. The German Government 
 believe that they are obliged to point out very particularly and with the greatest emphasis, 
 that a trade in arms exists between American manufacturers and Gemiany's enemies which is 
 estimated at manv hundred million marks.
 
 EESTRAIXTS OX COMMERCE. 57 
 
 The German Government have given due recognition to the fact that as a matter of form 
 the exercise of rights and the toleration of \\Tong on the part of neutrals is hmited by their 
 pleasure alone and involves no formal breach of neutrality. T!ic German Government have 
 not in consequence made any charge of formal breach of neutrality. The German Government 
 can not, however, do otherwise, especially in the interest of absolute clearness in the relations 
 between the two countries, than to empliasize that they, in conmion with the public opinion 
 in Germany, feel themselves placed at a great disadvantage through tlie fact that the neutral 
 powers have hitherto achieved no success or only an unmeaning success in their assertion of 
 the right to trade with Germany, acknowledged to be legitimate by international law, whereas 
 they make unhmited use of their right to tolerate trade in contraband with England and our 
 other enemies. Conceded that it is the formal right of neutrals not to protect their legitimate 
 trade with Gemiany and even to allow themselves ImowLngly and willingly to be induced by 
 England to restrict such trade, it is on the other hand not less their good right, although un- 
 fortunately not exercised, to stop trade in contraband, especially the trade in arms, with Ger- 
 many's enemies. 
 
 In view of this situation the German Government see themselves compelled, after six 
 months of patience and watchful waiting, to meet England's murderous method of conducting 
 maritime war with drastic counter measures. If England invokes the powers of famine as an 
 all}- in its struggle agauist Germanj^ \nth the intention of leaving a civilized people the alterna- 
 tive of perishing in miserj- or submitting to the yoke of England's political and commercial 
 wUl, the German Government are to-day determined to take up the gauntlet and to appeal to 
 the same grim ally. They rely on the neutrals who have hitherto tacitlj- or under protest 
 submitted to the consequences, detrimental to themselves, of England's war of famine to dis- 
 play not less tolerance toward Germany, even if the German measures constitute new forms of 
 maritime war, as has hitherto been the case with the English measures. 
 
 In addition to this, the German Government are determined to suppress with aU the 
 means at their disposal the supply of war material to England and her allies and assume at 
 the same time that it is a matter of com-se that the neutral Govermuents which have hitherto 
 undertaken no action against the trade in amis with Germany's enemies do not intend to 
 oppose the forcible suppression of this trade by Germany. 
 
 Proceeding from these points of view the German Admiralty has declared the zone pre- 
 scribed by it the seat of war; it ^vill obstruct this area of maritime war by mines wherever 
 possible and also endeavor to destroy the merchant vessels of the enemj- in any other way. 
 
 It is very far indeed from the intention of the German Government, acting in obedience 
 to tliese compellmg circumstances, ever to destroy neutral lives and neutral property, but on 
 the other hand they can not be blind to the fact that dangers arise through the action to be 
 carried out against England which menace without discrimination all trade within the area 
 of maritime war. This applies as a matter of coui-se to war mines, which place any ship 
 approaching a mined area in danger, even if the limits of international law are adhered to 
 most strictly. 
 
 The German Government believe that they are aU the more justified in the hope that 
 the neutral powers wiU become reconciled \vith this, just as they have with the serious injury 
 caused them thus far l)y England's measures, because it is their will to do everj'thiiig in any 
 way compatible with the accomplishment of their purpose for the protection of neutral ship- 
 ping even within the area of maritime war. 
 
 They furnish the fu'st proof of their good will by announcing the measures intended by 
 them at a time not less than two weeks beforehand, in order to give neutral sliipping an oppor- 
 tunity to make the necessary arrangements to avoid the threatening danger. The safest 
 method of doing this is to staj' away from the area of maritime war. Neutral sliips entering 
 the closed waters in spite of this announcement, given so far in advance, and wliich seriously 
 impairs the accomplishment of the militarv purpose against England, bear their own respon- 
 sibility for any unfortmiate accidents. The German Government on their side expressly 
 decline all responsibility for such accidents and their consequences. 
 
 Furthermore, the German Government announced merely the destruction of eiieiuy mer- 
 chant vessels found witiiin the area of maritime war, and not the destruction of all merchant 
 vessels, as the American Government appear to have erroneously imderstood. This limitation 
 which the German Government have imposed upon themselves impairs the military purpose, 
 especially since the presumption will prevail, even in the case of neutral ships, that they have 
 contraband on board, in view of the interpretation of the idea of contraband in wliich the 
 English Government have uidulged as regards Germany and wliich the German Govenmient 
 will accordingly apply against England. 
 
 Naturally the Imperial Government are not willing to waive the right to establish the 
 presence of contraband in the cargoes of neutral ships and, in cases requiring it, to take any
 
 58 RESTRAIXTS OX COMMERCE. 
 
 action necessary on the grounds established. Finally the German Government are prepared 
 to accord, in conjunction with the American Government, tlie most earnest consideration to 
 any measure that might be calculated to insure the safety of legitiniute sliipping of neutrals 
 within the seat of war. They can not, however, overlook the fact that all efforts in this 
 direction are considerably hampered by two circumstances: First, by tlie misuse of the neutral 
 flag by EngUsh merchant vessels, which in the meantime has probably beeii established beyond 
 a doubt by the American Government likewise. Second, by the above-mentioned trade in 
 contraband, especially war materials, by neutral merchant vessels. In regard to the latter 
 point, the German Goverianent ventures to hope that the ^Vnierican Government upon recon- 
 sideration will see their way clear to a measure of intervention in accordance with the spirit 
 of true neutrality. 
 
 As regards the first point, the secret order of Ihe British Admiraltj^ Inis already been 
 communicated to the American Government by Germany. It rccommi'uds English merchant 
 vessels to use neutral flags and has in the meantime been confirmed by a statement of the 
 British Foreign Office which refers to the municipal law of England and characterizes such 
 action as quite unobjectionable. The Englisli merchant marine has followed this counsel 
 without delay, as is probabl}- Icnown to the .Vmerican Government, from the cases of the 
 Lusitania and Laertes. Moreover, the British Government have armed Enghsh merchant 
 vessels and instructed tlicm to resist by force the German submarines. In lliese circum- 
 stances it is very diflicult for the German submarines to recognize neutral merchant vessels 
 as such, for even a search wiU not be possible in the majority of cases, since the attacks to 
 be anticipated in the case of a disguised English ship would expose the commanders con- 
 ducting a search and the boat itself to the danger of cUistruction. 
 
 The British Government would then be in a position to render the German measures 
 illusory if their merchant marine pei'sists in the misuse of neutral flags and neutral vessels 
 are not marked in some other mamier admitting of no possible tloubt. Germany must, in 
 the exigency into which she has unlawfully been forced, make her measures effective at aU 
 events in order thereby to compel her adversary to conduct maritime warfare in accordance 
 with international law and thus to reestablish the freedom of the seas wluch she has ever 
 advocated and for which she is fighting likewise to-day. 
 
 The German Government, therefore, welcomes the fact that the American Government 
 have made representations to the British Government relative to the use of their flag contrary 
 to law and give expression to the expectation that this action wiU cause England to respect tlie 
 American flag in future. 
 
 In tlais expectation the commanders of the German submarines liave been instructed, as 
 was already stated in the note of fourth instant, to abstain from violence to .^Vmerican merchant 
 vessels when they are recognizable as such. 
 
 In order to meet in the safest manner all the consequences of mistaking an American for 
 a hostile merchant vessel the German Government recommended that (although this would not 
 ajiply in the case of danger from mines) the United States convoj- then' ships carrying peace- 
 able cargoes and traversing the English seat of maritime war in order to make thcna recogniz- 
 able. In this connection the German Government bcheve it should be made a condition that 
 only such ships should be convoyed as carry no merchandise which would liave to be considered 
 as contraband accordmg to the interpretation applied by England against Germany. The Ger- 
 man Government are prepared to enter into immediate negotiations with the American Govern- 
 ment relative to the manner of convoy. They would, however, be particularly grateful if the 
 American Government woidd urgently advise their merchant vessels to avoid the Enghsh seat 
 of maritime war, at any rate until tlie flag question is settled. 
 
 The German Government resign themselves to the confident hope that the American 
 Government will recognize the full meaning of the severe struggle wliich Germany is con- 
 ducting for her very existence and will gain full understanding of the reasons which prompt 
 Germany and the aims of the measures announced by her from the above explanations and 
 promises. 
 
 The German Government repeat that in the scrupulous consideration for neutrals hitherto 
 practiced b}^ them they have determined upon the measures planned onlj- under the strongest 
 compulsion of national seK-preservation. Should the American Government at the eleventh 
 hoiu" succeed in removing, by virtue of the weight which they have the right and ability to 
 throw into the scales of the fate of peoples, the reasons which liuve made it the imperative 
 duty of the German Government to take the action indicated, shouhl the American Government 
 m particular find a way to bring about the observation of the Declaration of London on the 
 part of the Powers at war witli Germany and thereby to render possible for Germany the 
 legitimate supply of foodstuffs and industrial raw materials, the German Government would 
 recognize this as a service which could not be too higlily estimated in favor of more humane
 
 EESTRAIXTS ON COMMERCE. 59 
 
 conduct of war and would gladly draw tlic necessary conclusions from the new situation this 
 created. 
 
 Tlio undersigned requests the Ambassador to bring the above to the attention of the 
 American Government and avails himself of tlie opportunity to renew, et cetera. 
 
 Von Jagow. 
 
 File No. 811.0151/52. 
 
 Ambassador If. //. Page to the Secretary of State. 
 
 [Telegram.] 
 1674.] American Embassy, 
 
 London, February 19, 1915 
 Your 1105, Iflth. Sir Edward Grey has just handed me the following memorandum 
 since your telegram to liim was given to the press in Washington. I consented to his proposal 
 to giv(5 this memorandum out for publication in Saturday morning newspapers: 
 
 The memciraiuluiu ciimrannirated on the 11th Tebniary call.s attention in coiirteou.s and friendly terms to the 
 action of the cajitain of the British S. S. Lusilania in raising the flag of the United States of America when approaching 
 British waters and say.< that the Government of the United States feel a certain anxiety in con.sidering the possibility 
 of any general tise of the flag (;f the United Slates by British vessels traversing tho.se waters since the effect of such a 
 policy might be to bring about a menace to the lives and vessels of United States citizens. 
 
 It was understood that the German Government had announced their intention of sinking British merchant vessels 
 at sight by torjjcdoes without giving any opportunity of making any provision for saving the lives of noncombatant 
 crews and passengers. It was in consequence of this threat that the Lusilania rai.sed the United States flag on her 
 inward voyage and on her subsequent outward voyage. A request was made by the United States ])assengers who were 
 embarking on board her that the United States flag .should be hoisted presumably to insure their safety. Meanwhile 
 the memorandum from Your Excellency had been received. His Majesty's Government did not give any ad\-ice to 
 the company as to how \o meet thi.s request and it is understood that the Lusitaniu left Liverpool under the British 
 flag. 
 
 It seems unnecessary to say more as regards the Lusilania in particular regard to the use of foreign flags by merchant 
 vessels. The British merchant shipping act makes it clear that the use of the British flag by foreign merchant vessels 
 is permitted in time of war for the purpose of escaping capture. It is believed that in the case of some other nations 
 there is a similar recognition of the same practice ^^■ith regard to their flags and that none have forbidden it. It would 
 therefore be uiu'easonablc to e.xpect His Majesty's Government to pass legislation forbidding the use of foreign flags 
 by British merchant \e.ssels to avoid capture by the enemy. Now that the German Government have announced 
 their intention to sink merchant vessels at sight with their noncombatant crews, cargoes, and papers, a proceeding 
 hilherlo regarded by the opinion (jf the world not as war, but as piracy, it is felt that the United States Government 
 could not fiurly ask the liriti.sh Government to order BritLsh merchant vessels to forego the means — always hitherto 
 permitted — of escaping not oitly captiu'e but the much worse fate of sinking and destruction. Great Britain has always 
 when neutral accorded to the vessels of other States at war liberty to use the British flag as a means of protection 
 against capture, and instances are on record when United States vessels availed themselves of this facility during the 
 American Cix-il War. It would be contrary to fair expectation if now when the conditions are rc\ersed the United 
 States and neutral nations were to grudge to British ships liberty to take similar action. The BritLsh Go%ernment 
 have no intention of advising their merchant shipping to use foreign flags as general practice or to resort to them fither- 
 wise than for escajjing capture or destruction. 
 
 The obligation upon a belligerent warship to ascertain defitiitely for itself the nationality and character of a merchant 
 vessel before capturing it and "a fortiori" before sinking and destroying it has been universally recognized. If that 
 obligation is fulfilled, hoLsting a neutral flag on board a British vessel can not possibly endanger neutral shipping and 
 the British Government hold that if loss to neutrals is caused by disregard of this obligation it is upon the enemy vessel 
 disregarding it and u])on the Government giving orders that it should be disregarded that the sole responsibility for 
 injury to neutrals ought to rest. 
 
 Page. 
 
 Pile No. 7G3.72/1498A. 
 
 The Secretary of State to Ambassador W. H. Page} 
 
 [Telegram.] 
 No. 1169.] Department of State, 
 
 Washington, February 20, 1915. 
 
 You wiU please dehver to Sir Edward Grey the following identic note which we are 
 sending England and Germany: 
 
 In view of the correspondence which has passed between this Government and Great 
 Britain and Germany respectively, relative to the Declaration of a war zone by the German 
 Athnii-alty and the use of neutral flags by British merchant vessels, this Government ven- 
 tiu'cs to express the hope tliat the two l)clligerent Governments may, tlu'ough reciprocal con- 
 cessions, find a basis for agreement which will relieve neutral ships engaged in peaceful 
 commerce from the great dangers which they will incur in tlie high seas adjacent to the coasts 
 of the belligerents. 
 
 ' Same to tlie .\merican Embassv at Berlin.
 
 60 RESTRAIXTS ON COMMERCE. 
 
 Tho Government of the United States respectfully suggests that an agreement in terms 
 like the following might be entered into. This suggestion is not to be regarded as in any sense 
 a proposal made by this Goveniment, for it of course fully recognizes that it is not its privilege 
 to propose terms of agreement l)etween Great Britain and Germany, oven though the matter be 
 one in which it and the people of the United States are directly and deeply interested. It is 
 merely venturing to take the liberty which it liopes may be accorded a sincere friend desirous 
 of embarrassing neither nation involved and of .-.erving, if it may, the common interests of 
 humanity. The course outlined is offered in the hope that it may draw forth the views and 
 elicit the suggestions of the British and Gorman Govonimonts on a matter of capital interest 
 to the whole world. 
 
 Germany and Groat Britain to agree: 
 
 1. That neither will sow any floating mines, whether upon tlie high seas or in territorial 
 waters; that neither will plant on the high seas anchored mines except within cannon range 
 of harbors for defensive purposes only; and that all mines shall boar the stamp of the Govern- 
 ment planting them and be so constructed as to become harndess if separated from their 
 moorings. 
 
 2. That neither will use submarines to attack merchant vessels of any nationality except 
 to enforce the right of visit and search. 
 
 3. That each \vill require their respective merchant vessels not to use neutral flags for the 
 purpose of disguise or ruse de guerre. 
 
 Germany to agree: 
 
 Tliat all imjiortations of food or foodstuffs from the United States (and from such other 
 neutral coimtrios as may ask it) into Gormauy shall bo consigned to agencies to be designated 
 b)- the United States Govenuuont; that these American agoucios shall have entire charge and 
 control without interference on the part of the German Govermuent, of the receipt and dis- 
 tribution of such importations, and shall distribute thorn solely to retail dealers bearing 
 licenses from the Gorman Govonmiont ontitliiig them to receive and furnish such food and 
 foodstuffs to noncombatants only: that any violation of the tonus of the retailers' licenses shall 
 work a forfeiture of their rights to receive such food and foodstuffs for this purpose; and that 
 such food and foodstuffs will not be requisitioned by the German Govormnont for any purpose 
 whatsoever or be diverted to the use of the armed forces of Germany. 
 
 Great Britain to agree: 
 
 That food and foodstuffs will not be placed upon the absolute contraband list and that 
 shipments of such commodities will not be interfered with or detained by British authorities 
 if consigned to agencies d(>signatod by the United States Govormnont in Germany for the 
 receipt and distribution of such cargoes to Hcensod German retailers for distribution solely to 
 the noncombatant popidation. 
 
 In submitting this projiosod basis of agroemoiit this Govormnont does not wish to bo imdor- 
 stood as admitting or denying any beUigorent or neutral right established bj' the principles of 
 international law, but would consider the agreement, if acceptable to the interested powers, a 
 modus vive-ndi based upon oxpodioncy rather than legal right and as not binding upon tho United 
 States either in its present fonn or in a modified fonu until accepted by this Govormnont. 
 
 Bryan. 
 
 Rle No. 763.72/1534. 
 
 Ambassador Gerard to the Secretary of State. 
 
 [Telegram.] 
 No. 1717.] -V-MERiCAX Embas.sy, 
 
 Berlin, March!, 1915. 
 FoDowing is translation of tho Gorman reply: 
 
 The undersigned has the honor to inform His E.xcelleiu y, Mr. Jamos W. Gerard, Ambassador of the United States 
 of -Vmerica, in reply to the note of the 22d instant that the Imperial German Government ha^e taken note with great 
 interest of the suggestion of the American Government that certain principles for tho conduct of maritime war on the 
 part of Germany and England be agreed upon for the protection of neutral shipping. They see therein new ev-idence 
 of the friendly feelings of the American Government toward the German Government which are fully reciprocated by 
 Germany. 
 
 It is in accordance with Germany's wishes also to have maritime war conducted according to rules which without 
 discriminately re.stricting one or the other of the belligerent powers in the use of their means of warfare are equally con- 
 siderate of the interests of neutrals and the dictates of humanity. Consequently it was intimated in the German note 
 of the IGth in.stant that observation of the Declaration of Lyndon on the part of Germany's advsrsai-ies would create a 
 new situation from which the German Government would gladly draw the proper conclusions.
 
 KESTRAIXTS OX COMMERCE. Gl 
 
 Proceeding from this view, the German Government have carefully examine'! ihe sugj;estion of the American 
 Government and believe that they can actually see in it a suitable basis for the practical solution of the questions 
 which have arisen. 
 
 With regard to the various points of the American note they beg to make the following remarks: 
 
 1 . With regard to the aon-ing of mines, the German Government would be willing to agree as suggested not to use- 
 floating mines and to have anchored mines constructed as indicated. Moreover, they agree to put the s'.amp of the 
 Government on all mines to be planted. On the other hand, it does not appear to them to be feasible for the belliger- 
 ents wholly to forego the use of anchored mines for offensive purposes. 
 
 2. The German Government would undertake not to use their submarines to attack mercantile of any flag except 
 when necessarj' to enforce the right of \-isit and search. Should the enemy nationality of the vessel or the presence 
 of contraband be ascertained submarine would proceed in accordance with the general rules of international law. 
 
 3. As provided in the American note, this restriction of the use of the submarines is contingent on the fact that 
 enemy mercantile abstain from the use of the neutral flag and other neutral distinctive marks. It would appear to 
 be a matter of course that such mercantile also abstain from arming themselves and from all resistance by force, since 
 such procedure contrarj' to international law would render impossdble any action of the submarines in accordance 
 with international law. 
 
 4. The regulation of legitimate importations of food into Germany suggested by the American Government appears 
 to be in general acceptable. Such regulation would, of course, be confined to impfjrtations by sea, but that would on 
 the other hand include indirect importations by way of neutral ports. The German Government would, therefore, be 
 willing to make the declarations of the nature provided in the American note so that the use of the imported food and 
 foodstuffs solely by the noncombatant population would be guaranteed. The Imperial Government must, however, 
 in addition (*•*)' ha^^ng the importation of other raw material used by the economic sj'stem of noncombatants 
 including forage permitted. To that end the enemy Governments would have to permit the free entrj- into Germany 
 of the raw material mentioned in the free list of the Declaration of London and to treat materials included in the list of 
 conditional contraband according to the same principles as food and foodstuffs. 
 
 The German Government venture to hope that the agreement for which the American Government have paved the 
 way may be reached after due con.sideration of the remarks made above, and that in this way peaceable neutral ship- 
 ping and trade will not have to suffer any more than is absolutely necessary- from the unavoidable effects of maritime 
 war. These effects could be still further reduced if, as was pointed out in the German note of the ICth instant, sr^me 
 way could be found to exclude the shipping of munitions of war from neutral countries to belligerents on ships of any 
 nationality. 
 
 The German Government must, of course, reserve a definite statement i-S their position until such time as they 
 may receive further information from the American Government enabling them to see what obligations the British 
 Government are on their part willing to assume. 
 
 The undersigned avails himself of this occasion, etc. 
 
 (Signed) Vox Jagow. 
 
 Dated Foreign Office, Berlin, Februarj- 28, 1915. 
 
 Gerard. 
 
 File No. 763.72/1551. 
 
 The British Ambassador to the Secretary of State.^ 
 
 Germany has declared that the EngUsh Channel, the north and \se.st coa.sts of Franco,. 
 and the waters arotind the British Isles are a war area and has officially notified that all enemy 
 ships found in that area will bo destroyed and that neutral vessels ma_v be exposed to danger. 
 This is in effect a claim to torpedo at sight, without regard to the safety of the crew or pas.sen- 
 gers, any merchant vessel under any flag. As it is not in the power of the German Admiraltr 
 to maintain any surface craft in these waters, this attack can orJy be delivered by submarine 
 agency. 
 
 The law and custom of nations in regard to attacks on commerce have always presumed 
 that the first duty of the captor of a merchant vessel is to bring it before a prize court where 
 it may be tried, where the regularity of the capture may be challenged and where neutrals 
 may recover their cargoes. The sinking of prizes is in itself a questionable act to be resorted 
 to only m extraordinary circunistances and after provision has been made for the safety of 
 all the crew or passengers, if there are passengers on board. The responsil)ility for discrimi- 
 nating between neutral and enemy vessels, and between neutral and enemy cargo, obviously 
 rests with the attacking ship, whose duty is to verify the status and character of the vessel 
 and cargo and to preserve all papers before sinking or even capturing it. So al.so is the human© 
 duty of providing for the safety of the crews of merchant vessels, whether neutral or enemy, 
 an obligation upon every belligerent. 
 
 It is upon this basis that all previous discussions of the law for regulating warfare at 
 sea have proceeded. A Gennan submarine, however, fulfills none of these obligations; she 
 enjoys no local command of the waters in which she operates; she does not take her captures 
 ^vithin the jurisdiction of a prize court ; she carries no prize crew which she can put on board 
 a prize; she uses no effective means of discriminating between a neutral and an enemy vessel; 
 she does not receive on board for safety the crew and passengers of the vessel she sinks; her 
 methods of warfare are therefore entirely outside the scope of any of tlie international instru- 
 
 * .\pparent omi-ssion. 
 
 '.\ declaration from the French .\rabas.'iadorin practically identical language was presented atthe nepariment at the same limo. .^eepageiiS. 
 
 97666°— 1.5 9
 
 62 RESTRAINTS OX COMMKRCE. 
 
 mcnts regulating operations against commerco in time of war. Tlie German declaration sub- 
 stitutes indiscriminate destruction for regidated capture. Germany is adopting these methods 
 agamst peaceful traders and noncombatant crews with tlie avowed object of preventing com- 
 modities of all kinds, including food for tlie civil jiopulation. from reaching or leaving the British 
 Isles or northern France. 
 
 Her opponents are therefore driven to frame retaliatory measures m order in tlieir turn 
 to prevent commodities of anj^ kind from reaching or leaving Germany. These measures 
 will, however, bo enforced by the Britisli and French Governments without risk to neutral 
 ships or to neutral or noncombatant life and in strict observance of the dictates of humanity. 
 The British and French Governments will therefore hold themselves free to detain and take 
 into port ships carrying goods of presumed enemy destination, ownership, or origin. It is 
 not intended to confiscate such vessels or cargoes unless they would otherwise be liable to 
 condemnation. The treatment of vessels and cargoes wliich have sailed before this date 
 wUl not be affected. 
 
 Cecil Spring Rice. 
 
 British Embassy, 
 
 Washington, March 1, 1915. 
 
 File No. 763.72/1551. 
 
 The Secretary of State to Ambassador Page. 
 
 [Telegram.] 
 
 No. 1233.] Department of State, 
 
 Washington, March 5, 1915. 
 
 In regard to the recent commimications received from the British and French Govern- 
 ments concerning restraints upon commerce with Germany, please communicate with the 
 British foreign office m the sense folio whig: 
 
 The difficulty of determining action upon the British and French declarations of mtended 
 retaliation upon commerce with Germany lies in the natm'e of the proposed measures in their 
 relation to commerce by neutrals. 
 
 While it appears that the intention is to interfere with and take into custody all ships 
 both outgoing and incoming, tradmg with Germany, wliich is in effect a blockade of German 
 ports, the rule of blockade, that a ship attemptmg to enter or leave a German port regardless 
 of the chara<"ter of its cargo may be <'ondenined, is not asserted. 
 
 The language of the declaration is "the British and French Governments will, therefore, 
 hold themselves free to detam and take into port ships carrying goods of prcsuniod enemy 
 destination, ownership, or origin. It is not intended to confiscate such vessels or cargoes 
 unless they would otherwise be liable to condemnation." 
 
 The first sentence claims a right pertaining only to a state of blockade. The last sen- 
 tence proposes a treatment of ships and cargoes as if no blockade existed. The two together 
 present a proposed course of action previously imknowm to international law. 
 
 As a conser|uence neutrals have no standard by which to measure their rights or to 
 avoid danger to their ships and cargoes. The paradoxical situation thus created should be 
 changed and tlie declaruig powers ought to assert whether they rely upon the rules govern- 
 ing a blockade or the rules apphcable wlien no blockade exists. 
 
 The declaration presents other perplexities. 
 
 The last sentence quoted indicates that the rides of contraband are to be apphed to car- 
 goes detained. The rule covering noucontraband articles carried in neutral bottoms is that 
 the cargoes shall be released and the ships allowed to proceed. This rule can not, imder 
 the first sentence quoted, be apphed as to destination. What then is to be done with a cargo 
 of noncontraband goods detamed under the declaration? The same question maj' be asked 
 as to conditional contraband cargoes. 
 
 The foregoing comments apply to cargoes destined for Germany. Cargoes coming out 
 of German ports present another problem under the terms of the declaration. Under the 
 rules governing enemy exports onlj' goods owned by enemy subjects in enemy bottoms are 
 subject to seizure and condemnation. Yet bj' the declaration it is purposed to seize and take 
 into port all goods of enemy "ownership and origm." The word "origin" is particularly 
 significant. The origin of goods destined to neutral territory on neutral ships is not and never 
 has been a ground for forfeitui-e except in case a blockade is declared and maintained. What 
 then would the seizure amomit to in the j^resent case except to delay the dehvery of the goods ?
 
 RESTRAIXTS ON COMMERCE. 63 
 
 The declaration does not indicate what disposition would be made of sucii cargoes if owned 
 by a neutral or if owned by an enemy subject. Would a different rule bo apphed according 
 to o\\Tiership? If so, upon what principles of international law would it rest? And upon 
 what rule if no blockade is de^-lared and maintained could the cargo of a neutral ship sailing 
 out of a German port be condemned ? If it is not condemned, what other legal « ourse is there 
 but to release it ? 
 
 While this Government is full}- alive to the possibility that the methods of modem naval 
 warfare, particularly in the use of the submarine for both defensive and offensive operations, 
 may make the former means of maintaining a blockade a physical impossibiUty, it feels that 
 it can be urged with great force that there should be also some limit to "the radius of activity," 
 and especially so if this action by the belligerents can be construed to be a blocka<le. It would 
 certainly create a serious state of affairs if, for example, an American ve.ssel laden with a cargo 
 of German origin shoidd escape the British patrol in European waters only to be held up by a 
 cruiser off New York and taken into Halifa.\. 
 
 Similar cablegram sent to Paris. 
 
 Bryan. 
 
 File No. 763.72/1589. 
 
 Ambassador Sharji to the Secretary of State. 
 
 [Telogram.] 
 
 American Embassy, 
 
 Paris, ^[arch I4, 1915. 
 French Government replies as follows: 
 
 In a letter dated March 7 Your Exrelleney was good enough lo draw my alteniion U> tlie view.s of the Govern- 
 ment of the United States regarding the recent communications from the Frenrli and BritLsli Governments concerning 
 a restriction fi> be laid upon coiiunerce -.vilh Germany, .\ccording lo Your Excellency's letter, the declaration made 
 by the Allied Governments presents some uncertainty as regards its application, concerning which the Government 
 of the United States desires to be enlightened in order to determine what attitude it should take. 
 
 -Vt the same time Your Excellency notified me that wliile granting the possibility of using new methods of retalia- 
 tion against the new u.se to which submarines have been put, the Government of the United States was somewhat appre- 
 hensive that the allied belligerents might (if their action is to be con.strued as constituting a blockade) capture in waters 
 near America any ships which might have escaped the cruisers patrolling European waters. In acknowledging receipt 
 of Your Excellency's communication I have the honor to inform ymi that the Government of the Republic has not failed 
 to consider this point as presented by the Government of the United .States, and I beg to specify clearly the conditions 
 of application, as far as my Government is concerned, of the declaratinn of the .\llied Governments. As well set forth 
 by the Federal Government the old methods of bhjckaiie can not be entirely adhered to in view of the use Germany 
 has made of her submarines, and also by reason of the geographical situation of that cnunlry. In an.swer to the challenge 
 to the neutral as well as to its own adversaries, contained in the declaration by which the German Imperial Govern- 
 ment stated that it considered the seas surrounding Great Britain and the French coast on the Channel as a military 
 zone, and warned neutral vessels not to enter the same on account of the danger they would run, the Allied Govern- 
 ments have been obliged to examine what measures they could adopt to interrupt all maritime communication with the 
 German Empire and thus keep it blockaded by the naval power of the two allies, at the same time, however, safeguard- 
 ing as much as pos-sible the legitimate interests of neutral powers, and respecting the laws of humanity which no crime 
 of their enemy will induce them to violate. 
 
 The Government of the Republic, tlierefore, reserves to itself the right of bringing into a French or allied port any 
 ship caiT>Hng a cargo presumed to be of German origin, destination, or ownership, but it will not go to the length of 
 seizing any neutral sliip except in ca.se of contraband. The discharged cargo shall not be C(mfiscated. In the event of 
 a neutral proving liLs lawful ownerahip of merchandise destined to Germany, he shall be entirely free to dispase of 
 same, subject to certain conditions. In case the owner of the goods is a German they shall simply be sequestrated 
 during the war. 
 
 Merchandise of enemy origin shall only be sequestrated when it is at the same time the property of an enemy; 
 merchandise belonging to neutrals shall be held at the disposal of its owner to be returned to the port of departure. 
 
 As Your Excellency will ob.serve, these measures, while depriving the enemy of important resources, respect the 
 rights of neutrals and will not in any way jeopardize private property, as even the enemy owner will only suffer from 
 the suspension of the enjoyment of his rights during the term <jf hostilities. 
 
 The Government of the Republic, being desirous of allowing neutrals every facility to enforce their claims, has 
 decided to give the prize court (an independent tribunal) cognizance of these questions, and in order to give the neutrals 
 as little trouble as possible it has specified that the prize court shall give sentence within eight days, counting from the 
 date on which the case shall have been brought before it. 
 
 I do not doubt, Mr. Ambassador, that the Federal Go\'emment, comparing on the one hand the unspeakable Wo- 
 lence with wliich the German military government threatens neutrals, the criminal actions unknown in maritime 
 annals already perpetrated against neutral property and ships and even against the li\es of neutral subjects or citizens, 
 and on the other hand the measures adopted by the Allied Governments of France and Great Britain respecting the 
 laws of humanity and the rights of individuals, will readily perceive that the latter have not overstepped their strict 
 rights as belligerents. 
 
 Finally, I am anxious to as-surc you that it is not and it has never been the intention of the Government of the 
 Republic to extend the action of its cruisers against enemy merchandise beyond European seas, the Mediterranean 
 included. 
 
 Sharp.
 
 '64 RESTRAINTS ON COMMERCE. 
 
 File No. 7G3.72/1588. 
 
 Ambassador W. 11. Page to the Secretary of State. 
 
 [Telegram.] 
 
 No. 1795.] American Embassy, 
 
 London, March 15, 1915. 
 Following is tiic full text of a menaoraiuhnn datcnl Marcli 13, which Grey handed mo 
 to-daj' : 
 
 On the 22d of February last I received a communication from Your Excellency of the identic note addressed to 
 His Majesty's Government and to Germany, respecting an agreement on certain points as to the conduct of the war at 
 sea. The reply of the German Government to this note has been published and it is not understood from tlie reply 
 that the German Government are prepared to abandon the practice of sinking British merchant vessels by submarines, 
 and it is evident from their reply that they will not abandon the use of mines for offensive jmqioses on the high seas as 
 contrasted ^vith the use of mines for defensive purposes only within cannon range of their own harbors as suggested by 
 the Government of the United States. This being so, it might appear unnecessary for the British Government to make 
 any further rejdy than to take note of the German answer. We desire, however, to take tlie ojiportunity of making a 
 fidler statement of the whole position and of our feeling with regard to it. We recognize with sympathy the desire of 
 the Government of the United States to see the European war conducted in accordance with the previously recognized 
 rules of international law and the dictates of humanity. It is thus that the British forces have conducted the war, and 
 we are not aware that these forces, either naval or military, can have laid to their charge any imx^rojK'r proceedings, 
 cither in the conduct of hostilities or in the treatment of prisoners or wounded. On the German side it has been very 
 different. 
 
 1. The treatment of civilian inhabitants in Belgium and the north of France has been made |)ublic by the Belgian 
 and French Governments and by those who have had experience of it at first hand. Modern history affords no prece- 
 dent for the sufferings that have been inflicted on the defenseless and noncombatant population in the territory that 
 has l)een in German military occupation. Even the food of the population was confiscated until in Belgium an Inter- 
 national Commission, largely influenced by American generosity and conducted imder American atispices, came to the 
 relief of the population and secured from the German Government a promise to spare what food was still left in the 
 country though the Germans still continue to make levies in money upon the defenseless popidation for the su]jport 
 of the German Army. 
 
 2. We have from time to time received most terrible accounts of the barbarous treatment to which British officers 
 and soldiers have been exposed after they have been taken prisoner while being conveyed to German prison camps; 
 •one or two instances have already been given to the United States Government founded upon authentic and first-hand 
 evidence which is beyond doubt. Some evidence has been received of the hardships to which British prisoners of 
 war are subjected in the prison camps contrasting, we believe, most imfavorably with the treatment of German pris- 
 oners in this country. We have proposed, with the consent of the United States Government, that a commission of 
 United States officers should be permitted in each country to inspect the treatment of prisoners of war. The United 
 States Government have been unable to obtain any reply from the German Government to this proposal and we remain 
 in continuing anxiety and apprehension as to the treatment of British prisoners of war in Germany. 
 
 3. At the very outset of the war a German mine layer was discovered laying a mine field on the high seas. Further 
 mine fields have Ijcen laid from time to time without warning and so far as we know are still being laid on the high 
 seas, and many neutral as well as British vessels have been simk by them. 
 
 4. At various times during the war German submarines have stopped and sunk British merchant vessels, thus 
 making the sinking of merchant vessels a general practice, though it was admitted previously, if at all, only as an excep- 
 tion, the general rule to which the British Government have adhered being that merchant vessels, if captured, 
 must be taken before a prize court. In one case already quoted in a note to the United States Government, a neutral 
 vessel carrjdng foodstuffs to an unfortified town in Great Britain has been sunk. Another case is now reported in 
 which a German armed cruiser has sunk an .Vmerican vessel, the W'dlkim P. Frye, carrying a cargo of wheat from Seattle 
 to Queenstown. In both cases the cargoes were prcsumaldy destined for the civil population. Even the cargoes in 
 such circumstances should not have been condemned uilhout the decision of a prize court, much less should the vessels 
 have been sunk. It is to be noted that both these cases occurred before the detention l>y the British authorities of the 
 Wilhelmina and her cargo of foodstuffs which the German Government allege is the justification for their own action. 
 The Germans have announced their intention of sinking British merchant vessels by torpedo without notice and without 
 any provision for the safety of the crew. They have already carried out this intention in the case of neutral as well 
 as of British vessels, and a number of noncombatant and irmocent lives on British vessels, unarmed and defenseless, 
 have been destroyed in this way. 
 
 5. Unfortified, open, and defenseless towns, such as Scarborough, Yarmouth, and Whitby, have been deliberately 
 and wantonly bombarded by German ships of war, causing in some cases considerable loss of ii\ilian life, including 
 women and clilldren. 
 
 6. German aircraft have drojiped l)ombs on the east coast of England where there were no military or strategic 
 points to be attacked. On the other hand, I am aware of but two criticisms that have been made on British action in 
 all these respects: (1) It is said that the British naval authorities also have laid some anchored mines on the high seas. 
 They have done so, but the mines were anchored and so constructed that they would be harmless if they went adrift, 
 and no mines whatever were laid by the British naval authorities till many weeks after the Germans had made a 
 regular practice of laying mines on the high seas. (2) It is said that the British Government have departed from the 
 view of international law which they had previously maintained that foodstuffs destined for the civil ])(j])ulation should 
 never be interfered with, this charge being founded on the submission to a prize court of the cargo of the Wilhelmina. 
 The special considerations affecting this cargo have already been presented in a memorandum to the United States 
 Government, and I need not repeat them here. Inasmuch as the stoppage of all foodstuffs is an admitted consequence 
 of blockade, it is obvious that there can be no urdversal rule based on considerations of morality and humanity wliich 
 is contrary to this practice. The right to stop foodstuffs destined for the ci\il population must therefore in any case 
 be admitted if an effective "cordon" controlling intercourse with the enemy is drawn, announced, and maintained. 
 Moreover, independently of rights arising from belligerent action in the nature of blockade, some other nations, differing
 
 RESTRAINTS ON COMMERCE. 65 
 
 from the opinion of the Governments of tlie United States and Great Britain, have held that to stop the food of the 
 ci\'il population is a natural and legitimate method of bringing pressure to bear on an enemy country, as it is upon 
 the defense of a besieged town. It is also upheld on the authority of both Prince Bismarck and Count Capri\-i, and 
 therefore presumably is not repugnant to German morality. The following are the quotations from Prince Bismarck 
 and Count Capri\i on this point. Prince BLsmarck, In answering, in 1S85, an application from the Kiel Chamber of 
 Commerce for a statement of the view of the German Government on the question of the right to declare as contraband 
 foodstuffs that were not intended for military forces, said: "I reply to the chamber of commerce that any disadvantage 
 our commercial and carrying interests may suffer by the treatment of rice as contraband of war does not justify our 
 opposing a measure which it has been thought fit to take in carrying on a foreism war. Every war is a calamity which 
 entails evil consequences, not only on the combatants but also on neutrals. These e^^ls may easily be increased by 
 the interference of a neutral power with the way in which a third carries on the war to the disadvantage of the subjects 
 of the interfering power, and by this means German commerce might be weighted with far heavier losses than a transi- 
 tory prohibition of the rice trade in Chinese waters. The measure in question has for its object the shortening of 
 the war by increasing the difficulties of the enemy, and is a justifiable step in war if impartially enforced against all 
 neutral .ships." Count Caprivi, during a discussion in the German Reichstag on the 4th of March, 1892, on the subject 
 of the importance of international protection for private property at sea, made the following statements: "A country 
 may be dependent for her food or for her raw products upon her trade. In fact, it may be absolutely necessary to 
 destroy the enemy's trade." » » * "The private introduction of provisions into Paris was prohibited during the 
 siege, and in the same way a nation would be justified in preventing the import of food and raw produce." The Gov- 
 ernment of Great Britain have frankly declared, in concert with the Government of France, their intention to meet 
 the German attempt to stop all supplies of every kind from leaving or entering British or French ports by themselves 
 st,^)pping supplies going to or from Germany for this end. The British fleet has instituted a blockade, effectively 
 controlling by cruiser "cordon " all passage to and from Germany by sea. The difference between the two policies is, 
 however, that while our object is the same as that of Germany, we propose to attain it without sacrificing neutral ships 
 or noncombutant lives or inflicting upon neutrals the damage that must be entailed when a vessel and its cargo are 
 sunk without notice, examination, or trial. I must emphasize again that this measure is a natural and necessary 
 consequence of the unprecedented methods, repugnant to all law and morality, which have been described above, which 
 Germany began to adopt at the very outset of the war, and the effects of which have been constantly accumulating. 
 
 Page. 
 
 763.72/1584. 
 
 Ambassador TT". //. Page to the Secretary of State. 
 
 [Telegram.] 
 
 No. 1798.] American Emba.sst, 
 
 London, March 15, 1915. 
 Following is the full text of a note, dated to-day, and an order in council I have just 
 received from Grey: 
 
 1. His Majesty's Government have had under careful consideration the inquiries which, under instructions from 
 your Government, Your Excellency addressed to me on the eighth instant regarding the scope and mode of application 
 of the measures, foreshadowed in the Britbh and French declarations of the first of March, for restricting the trade of 
 Germany. Your Excellency explained and illustrated by reference to certain contingencies the difficulty of the 
 United States Government in adopting a definite attitude toward these measures by reason of uncertainty regarding 
 their bearing upon the commerce of neutral countries. 
 
 2. I can at once assure Your Excellency that subject to the paramount necessity of restricting German trade His 
 Majesty's Government have made it their first aim to minimize inconvenience ti < neutral commerce. From the accom- 
 panjdng copy of the order in council, which is to be published to-day, you will observe that a wide discretion is afforded 
 to the prize court in dealing with the trade of neutrals in such manner as may in the circumstances be deemed just 
 and that full provision is made to facilitate claims by persons interested in any goods placed in the custody of the marshal 
 of the prize court under the order. I apprehend that the perplexities to which Your Excellency refers will for the 
 most part be dissipated by the perusal of this document and that it is only necessary for me to add certain explanatory 
 observations. 
 
 3. The effect of the order Ln council is to confer certain powers upon the executive officers of His Majesty's Govern- 
 ment. The extent to which those powers will be actually exercised and the degree of severity with which the measures 
 of blockade authorized will be put into operation, are matters which will depend on the administrative orders issued 
 by the Government and the decisions of the authorities specially charged with the duty of dealing with indi\-idual 
 ships and cargoes, according to the merits of each case. The United States Government may rest assured that the 
 instructions to be issued by His Majesty's Government to the fleet and to the customs officials and executive committees 
 concerned will impress upon them the duty of acting with the utmost dispatch consistent with the object in ■view and 
 of sho^ving in every case such consideration for neutrals as may be compatible with that object which is, succinctly 
 stated, to establish a blockade to prevent vessels from carrj-ing goods for or coming from Germany. 
 
 4. His Majesty's Government have felt most reluctant at the moment of initiating a policy of blockade to exact 
 from neutral ships all the penalties attaching to a breach of blockade. In their desire to allex-iate the burden wliich 
 the existence of a state of war at sea must inevitably impose on neutral sea-borne commerce, they declare their inten- 
 tion to refrain altogether from the exercise of the right to confiscate ships or cargi>es which belligerents have always 
 claimed in respect of breaches of blockade. They restrict their claim to the stopping of cargoes destined for or cowing 
 from the enemy's territory. 
 
 5. As regards cotton, full particulars of the arrangements contemplated have already been explained. It will 
 be admitted that every possible regard ha.s been had to the legitimate interests of the American cotton trade. 
 
 C. Finally, in reply to the penultimate paragraph of Your Excellency's note, I have the honor to state that it 
 is not intended to interfere with neutral vessels carrjing enemy cargo of noncontraband nature outside European 
 waters, including the Mediterranean. •
 
 66 RESTRAINTS ON COMMERCE. 
 
 ORDER IN COUXClr.. 
 
 Whereas the German Ooverament has issued certain orders which, in violation of the usages of war, purport tec 
 declare the waters surrounding the United Kingdom a military area, in which all British and allied merchant vessels 
 will be destroyed, ii'respective of the safety of the lives of passengers and crew, and in which neutral shipping will 
 be exposed to similar danger in view of the uncertainties of naval warfare; and 
 
 WTiereas in a memorandum accompanying the said orders neutrals are warned against entrusting crews, pas8enger8^ 
 or goods to British or allied ships; 
 
 ^\^lereas such attempts on the part of the enemy give to His Majesty an unquestionable right of retaliation; 
 
 And whereas llis Majesty has therefore decided to adopt further measures In order to prevent commodities of 
 any kind from reaching or Iea\dng Germany, though such measures will be enforced without risk to neutral ships or to 
 neutral or noncombatant Iif(^ and in strict observance of the dictates of humanity; 
 
 And whereas the allies of His Majesty are associated with him In the steps now to Ije announced for restricting, 
 further the commerce of Germany; 
 
 His Majesty is therefore [ileased, by and with the ad\ice of his ])rivy council, to order and it is hereby ordered as 
 follows; 
 
 1. No merchant vessels which sailed from her port of departure after the first March, 1915, shall be allowed to 
 proceed on her voyage to any German port. 
 
 Unless the vessel receives a pass enabling her to proceed to some neutral or allied port to be named in the pass, 
 goods on board any such vessel must Ije discharged in a British port and jilaced In the custody of the marshal of the 
 prize court. Goods so discharged, not being contraband of war, shall, if not requisitk}ned for the use of His Majesty, 
 be restored by order of the court, upon such terms as the court may In the circumstances deem to be just, to tlie [lerson 
 entitled thereto. 
 
 2. No merchant vessel which sailed from any German port after the first March, 1915, shall be allowed to [jroceed 
 on her voyage with any goods on board laden at such port. 
 
 All goods laden at such port must be discharged in a British or allied port. Goods so discharged In a British port 
 shall be placed in the cu.stody of the marshal of the prize court, and. If not requisitioned for the use of His Majesty, 
 sliall be detained or sold under the direction of the prize court. The jiroceeds of goods so sold shall be paid into court 
 and dealt with in such manner as the court may In the circumstances deem to be just. 
 
 Provided, that no proceeds of the sale of .such goods shall be paid out of court until the conclusion of peace, except 
 on the application of the jjroper olficer of the Crown, unless it l^e shown that the goods had become neutral i)ro])erty 
 before the Issue of this order. 
 
 Pro%dded also, that nothing herein shall jirevent the release of neutral property laden at such enemy ymrl on the 
 ap|)lication of the proper oflicer of the Crown. 
 
 3. Everj merchant vessel which sailed from her port of departure after the first of March, 1915, on her way to a 
 port other than a German port, carrjang goods with an enemy destination, or which are enemy property, may be 
 required to discharge such goods in a British or allied jiort. Any goods so discharged In a British port shall be placed 
 in the custody of the marshal of the prize court, and, unless they are contraband of war, shall, if not re(juIsItioned 
 for the use of His Majesty, be restored by order of the court, upon such terms as the court may in the circumstances 
 deem to be just to the person entitled thereto. 
 
 Provided, that this article shall not apjily in any case falling within articles 2 or i of this order. 
 
 4. Every merchant vessel which sailed from a port other than a German port after the first of March, 1915, having 
 on board goods which arc of enemy origin or are enemy property may be required to discharge such goods in a British 
 or allied port. Goods so discharged in a British port shall be placed in the custody of the marshal of the prize court, 
 and if not requisitioned for the use of His Majesty shall be detained or sold under the dii'ection of the prize court. 
 The proceeds of goods so sold shall be paid Into court and dealt ■\\'ith In such manner as the court may In Iho circum- 
 stances deem to be just. 
 
 Provided, that no proceeds of sale of such goods shall be paid out of coiu-t until the conclusion of peace except 
 on the application of the proper otncer of the Crown, unless It be shown that the goods had become neutral ))ro])erty 
 before the Issue of this order. 
 
 Provided also, that nothing herein shall prevent the release of neutral property of enemy origin on the ai)])lication 
 of the proper officer of the Crown. 
 
 5. Any person claiming.to be interested in, or to ha\'e any claim in respect of, any goods (not being contraband 
 of war) placed in the custody of the marshal of the prize court under this order, or in the proceeds of such goods, may 
 forthwith issue a writ In the prize court against the jiroper ollicer of the Crown and apply for an order that the goods 
 should be restored to him, or that their proceeds should be paid to him, or for such other order as the circumstances 
 of the case may require. 
 
 The ])ractice and procedure of the prize coiu-t shall, so far as applicable, be followed mutali.i inutnndis in any pro- 
 ceedings consequential upon this order. 
 
 6. A merchant vessel which has cleared for a neutral port from a British or allied port, or which has been allowed 
 to pass, having an ostensible destination to a neutral port, and proceeds to an enemy port, shall, if captured on any 
 subsequent voyage, be lialjle to condemnation. 
 
 7. Nothing in this order shall be deemed to affect the liability of any vessel or goods to capture or condemnation 
 independently of this order. 
 
 8. Nothing in this order shall prevent the relaxation of the provisions of this order in respect of the merchant 
 veasels of any country which declares that no commerce intended for or originating In Germany or belonging to Germany 
 subjects shall enjoy the protection of its flag. 
 
 Page.
 
 BESTBAIXTS OX COMMERCE. 67 
 
 File No. 763.72112/1004. 
 
 Ambassador Sharp to the Secretary of State. 
 
 [Extracl.J 
 
 No. 407.] Americ.\x Emba.sst, 
 
 Paris, March 30, 1915. 
 Sir: I have the honor to enclose to you herewith the text of a decree, dated the 13th 
 instant, relative to the treatment of merchandise belonging to subjects of the Gemaan Empire, 
 or coming from Germany, or shipped to Germany, having gone to sea after the promulgation of 
 this decree. Preceding this decree is the text of a report, dated the 12th instant, made by the 
 Ministers for Foreign Affairs, Finance, War and Marine, to the President of the Republic and 
 following it is the text of an official declaration, dated the 1st instant, both relative to the 
 decree above mentioned. 
 I have, etc., 
 
 Wm. G. Sharp. 
 
 [Inclosure 1— Translation.) 
 Report to the President of the French Republic. 
 
 Ministry for Foreign Affairs, 
 
 Paris, March 12, 7915. 
 Mn. Pre.sidext: The German Government has derreed certain measures which in ^dolation of the unages of 
 ■war, are aimed at declaring the waters wliich encircle northern France and the United Kingdom a military zone, 
 in which all allied merchant ve.ssels shall be destroj-ed without regard for the lives of the crew and the noncombatant 
 passengers and in which neutral shipping mil be exposed to the same dangers. 
 
 In a memorandum accompanying the publication of the aforesaid measures neutrals are warned not to embark 
 eailois, passengers, or cargo on ships belonging to the Allies. 
 
 Such pretensions on the ])art of the enemy give to the Allied Governments the right to respoiul by preventing 
 every kind (jf morchaudise from reaching or leaving Germany. However, the Allied Governments never intend to 
 follow their enemy in the cruel and baibaroua methods of which he habitually makes use, and the measures to which 
 they have been obliged to have recourse shall not in their intention carry any risk f<ir neutral vessels or for the lives 
 of neutrals or nonccimbalant^ and shall be appHcd in strict conformity with the laws of humanity. 
 
 It is under these conditions and in this spirit that tlie joint declaration hereto annexed, notified to the allied Gov- 
 emmenta on March 1, 191.5, has been conceived, and in which are drafted the terms of the decree which we h;ive the 
 honor to submit for your high approval. 
 
 We beg you to accept, Mr. President, the a.«surances of our profound respect. 
 
 Minister of Finance, 
 
 Signed: A. Eibot. 
 
 Minister of Marine, 
 
 Signed: Victor Augaoneur. 
 
 Minister for Foreign Affairs, 
 
 Signed: Delcass^. 
 
 Minister of War, 
 
 Signed: .A. Millerand. 
 
 [Inclosure 2— Translation.] 
 
 The President of the French Republic, on the report of the ministei for foreign affairs, the minister of finance, the 
 
 minister of war, and the minister of marine, decrees: 
 
 Articlf, 1. 
 
 All goods belonging to .atibjects of the German Empire, either shipped from or to Germany and having taken the 
 sea since the ])iomulg;xtion of this present decree shall be slopped by the cruisers of the Republic. 
 All territory occupied by the Geiman armed forces ia assimilated to German territory. 
 
 Article 2. 
 
 All articles and goods either of German brand or manufacture or mjule in Germany, the products of German soil, 
 aa well aa all articles and merchandise, whatsoever the point of departure of which, either direct or in transit, is in 
 German territory, shall be considered as merchandise coming from Germany. 
 
 However, the present stipulation shall not apply to articles or merchandise which the subject of a neutral country 
 may prove to liave brought lawfully into a neutral country i)riur to the promulgation of the present decree or of which 
 he may prove tliat lie was in regular and lawful possession prior to the said promulgation. 
 
 Article 3. 
 
 All articles and merchandise whatsoever shipped either direct or in transit to Germany or to a country close to 
 Germany, whenever the documents accompanying said articles or merchandise shall not show jiroof that their ultimate 
 and tnie destination is in a neutral country, shall be considered as merchandise destined for Germany.
 
 68 liESIBAIXIb OX' COMMERCE. 
 
 Article 4. 
 
 Neutml vessels on board of whioli shall be found merchandise falling within article 1 sliall be conducted to a 
 French or allied port. In the event of the vessel being brought to a French port the nierch:indise shall be unloaded 
 unless otherwise provided as hereinafter stipulated. The vessel shall aftenvards be liberated. 
 
 All merchandise recognized as belonging to German subjects shall be placed under sequestration or sold, the 
 proceeds thereof being deposited at the Caisse des Depots et Consignations until the conclusion of j>eace to the account 
 of the persons entitled thereto. 
 
 All merchandise belonging to neutrals and coming from Germany .sliall be held at the diaposal of their noutial 
 owners to be leshipped to their port of departure within a delay which sliall l>e determined. After expiration of the 
 said delay the said merchandL^e shiill be subject to requisition or sold for the account and at the expen.se and risk of 
 the owners. 
 
 Merchandise belonging to neutrals and bound for Germany shall be held at the disposal of the neutral owners, 
 either to be returned to the port of departure or to be sent to any other French, allied, or neutral port as ma\- ba 
 authorized. In either case a period of time .-^hall be fixed, at the exjiiration of which the merchandise shall be subject 
 to requLoition or sold for the account and at the expense and risk of the owner. 
 
 Article 5. 
 
 In exceptional cases, at the suggesticni of the Minister for Foreign Affairs, approved by the Minister of War, the 
 Minister of Marine may grant authorization for the passage of a specified cargo or a certain special categorj- of mer- 
 chandise destined to or coming from a 3))ecified neutral country. 
 
 Goods coming from Germany shall only be authorized to pass when they shall have been loaded in a neutral port 
 after having paid the customs duty of the neutral country. 
 
 Article 6. 
 
 Nothing in this decree .shall be deemed to affect the provisions decreed regarding merchandise declared absolute 
 or conditional contraband of war. 
 
 Article 7. 
 
 The question as to whether the captured merchandise belongs to Geiman subjects or is bound to or from Geimany, 
 shall be decided before a ]>rize court as hereinafter pro^-ided. 
 
 Within two days from the arrival of the cajitured shiii, the ship's papers and other documents justifying the ca])ture 
 shall be sent by the prize service of the port through the Minister of Marine to the commissioner representing the 
 Government at the prize court, who will imme<liately notify the president of the said court. 
 
 The president shall convene the court which .shall declare sentence upon the said documents within eight days 
 of the registration of the dossier at the coutL Xotwithstanding the said delay, the court shall always be entitled to 
 oriler any investigation which may appear to it ad\"isable and to grant, if necessary, to the parties who may so demand, 
 suflieient time to justify their rights. 
 
 The decision of the piize court shall be transmitted to the Minister of Marine, who shall be directed to execute same. 
 
 Article 8. 
 
 The Minister for Foreign Affairs, the Minister of Finance, the Minister of War, and the Minister of Marine shall 
 be directed, in so far as they are respectively concerned, to execute the present decree. 
 Done at Paris, March 13, 1915. 
 
 Signed: R. Poinc.\re. 
 By the President of the Re])ublic. 
 The Minister for Foreign Affairs. 
 
 Signed: Delc.vsse. 
 The Minister of Finance. 
 
 Signed: A. Ribot. 
 The Minister of War. 
 
 Signed: A. Miller-UTD. 
 The Minister of JIarine. 
 
 Signed: Victor Aug.\g.veur. 
 
 [Inclosure 3 — Translation.] 
 Annex. 
 
 DECLAR.\TION. 
 
 Germany has declared the English Channel, the northern and western coasts of France, as well as the waters sur- 
 rounding the British Isles to be a ''war zone,'' and has officially proclaimed that "all enemy vessels found in this 
 zone will lie destroyed and that neutral vessels there might be in danger.'" This is in reality a claim to tori)edo at 
 sight, without regard for the safety of crew and passengers, any merchant vessel under any flag. As it is not in the 
 power of the German Admiialty to maintain any vessel on the surface in these waters, this attack can only be carried 
 out by submarine means. International law and the custom of nations regarding attack against commerce have 
 alwaj's presumed that the fust duty of the captor of a merchant vessel is to take it before a prize court where it can 
 be judged, where the legularity of the capture can be determined, and where neutrals may recover their cargo. To 
 sink a captured vessel is in itself a questionable act, to which recourse can be had only under extraordinary circum- 
 stances and after measures have been token to assure the safety of all the crew and the passengers, if there are pas- 
 sengers on board. The responsibility of distinguishing between neutral and enemy cargo, as well as between neutral 
 and enemy vessels, is manifestly incumbent on the attacking vessel, whose duty it is to verify the status and the 
 character of the vessel and its cargo, as well as to place all papers in safety, before sinking or even making a capture. 
 Also the duty toward humanity consisting in aL-suring the .safety of crews of merchant vessels, whether they are neutral 
 or enemy, is an obligation for every belUgerent. It is on this basis that all ]lre^dou3 discussions of the law aiming at 
 regulating the conduct of war at sea liave been conducted.
 
 RESTRAINTS OX COMMERCE. 69 
 
 In fact, a German eubmarine is incapable of fulfilling any one of thcjc obligations. It exercisee no local power 
 on the waters in which it operates. It does not bring ita capture within the juri-diction of a prize court. It does not 
 carrv- any prize crew which it can put aboard a prize. It employs no effe<,tive meana of distinguishing between a 
 neutral and an enemy vessel. It does not, by taking them on board, a^ure the safety of the crew and passengers of 
 the vessel which it sinks. Its methods of war are consequently entirely outside the observance of all international 
 texts governing operations against commerce in time of war. The German declaration 8ubstitut«s for regulated cap- 
 ture blind destruction. 
 
 Germany adopts these methods against peaceful merchants and noncombatant crews, with the avowed intention 
 of preventing merchandise of every kind (including provisions for feeding the ci\il population) from entering or leaving 
 the British Isles and northern France. Her adversaries are consequently forced to have recourse to measures of retalia- 
 tion 60 as to prevent reciprocally merchandise of all kinds from reaching or leaving Germany. However, these meas- 
 ures will be enforced by the French and British Governments without risk, either for the vessels or the lives of neutrala 
 and of noncombatants, and in strict conformity with humane principles. 
 
 Consequently, the French Government and the British Government consider themselves free to stop and conduct 
 into their ports vessels carrj-ing merchandise presumably destined for the enemy, property of the enemy, or coming 
 from the enemy. These vessels will not be confiscated unless they shall be liable to bo condemned for other reasons. 
 The treatment of vessels and cargoes which have gone to sea before this date will not be modified. 
 
 March 1, 1915. 
 
 763.72/1.588. 
 
 TJi£ Secretary of State to Ambassador 11'. II. Page. 
 
 [Telegram.] 
 No. 1343.] Department of State, 
 
 Washington, March SO, 1915. 
 
 You are instructed to deliver the following to His Majesty's Government in reply to your 
 numbers 179.5 and 1798 of March 1.5: 
 
 The Government of the United States has given careful consideration to the subjects 
 treated in the British notes of March 13 and March 15, and to the British Order in Council 
 of the latter date. 
 
 These communications contain matters of grave importance to neutral nations. Tbey 
 appear to menace their rights of trade and intercourse not only with belligerents but also with 
 one another. They caU for frank comment in order that misunderstandings may be avoided. 
 The Government of the United States deems it its duty, therefore, speaking in the sincerest 
 spirit of friendship, to make its own view and position with regard to them luimistakably clear. 
 
 The Order in Council of the loth of March woidd constitute, were its provisions to be 
 actually carried into effect as they stand, a practical assertion of unlimited belligerent rights 
 over neutral commerce within the whole Eiu-opean area, and an almost unquaUfied denial of 
 the sovereign rights of the nations now at peace. 
 
 This Government takes it for granted that there can be no question what those rights are. 
 A nation's sovereignty over its own ships and citizens under its own flag on the high seas in 
 time of peace is, of course, unlimited; and that sovereignty suffers no diminution in time of 
 war, except in so far as the practice and consent of civilized nations has limited it by the recog- 
 nition of certain now clearly determined rights, whicli it is conceded may be exercised by nations 
 which arc at war. 
 
 A belUgerent nation has been conceded the right of visit and search, and the right of cap- 
 ture and condemnation, if upon examination a neutral vessel is found to be engaged in unneutral 
 service or to be carrying contraband of war intended for the enemy's government or armed 
 forces. It has been conceded the right to estabUsh and maintain a blockade of an enemy's 
 ports and coasts and to capture and condemn any vessel taken in trying to break the blockade. It 
 is even conceded the right to detain and take to its own ports for judicial examination all vessels 
 which it suspects for substantial reasons to be engaged in unneutral or contraband service and 
 to condemn them if the suspicion is sustained. But such rights, long clearly defined both in 
 doctrine and practice, have hitherto been held to be the only permissible exceptions to the 
 principle of universal equalitj- of sovereignty on the high seas as between bclUgerents and 
 nations not engaged in war. 
 
 It is confidently assumed that His Majesty's Government will not deny that it is a rule 
 sanctioned by general practice that, even though a blockade should exist and the doctrine of 
 contraband as to unblockaded territory be rigidly enforced, innocent shipments may be freely 
 transported to and from the United States through neutral countries to belhgercnt territory 
 without being subject to the penalties of contraband traffic or breach of blockade, much less to 
 detention, requisition, or confiscation. 
 
 Moreover the rules of the Declaration of Paris of 1S56 — among them that free ships make 
 free goods — wiU hardly at this day be disputed by the signatories of that solemn agreement. 
 
 His Majesty's Government, like the Government of the United States, have often and 
 exphcitly held that these rights represent the best usage of wai^fare in the dealuigs of beUig- 
 97666°— 15 10
 
 70 RESTRAINTS ON COMMERCE. 
 
 crents with neutrals at sea. In this connection I desire to direct attention to the opinion of the 
 Chief Justice of the United States in the case of the Petrrhof, which arose out of the Civil War, 
 and to the fact that that opinion was unanimously sustained in the award of the ^\j-bitration 
 Commission of 1S71, to which the case was presented at the request of Great Britain. From 
 that time to the Declaration of London of 1909, adopted with modifications by the Order in 
 Councd of tlie 23d of October last, these rights have not been seriously questioned by the British 
 Government. And no claim on the part of Great Britain of anj- justification for interfering 
 with these clear rights of the United States and its citizens as neutrals could be admitted. To 
 admit it would bo to assume an attitude of unncutrality toward the present enemies of Great 
 Britain wliich would be obviously inconsistent with the solemn obligations of this Government 
 in the present circumstances; and for Great Britain to make such a claim would be for her to 
 abandon and set at naught the principles for which she has consistently and earnestly contended 
 in other times and cuTumstances. 
 
 The note of His Majesty's Principal Secretary of State for Foreign Affairs which accom- 
 panies the Order in Council, and which bears the same date, notifies the Government of the 
 United States of the establishment of a blockade wliich is, if defined bj- the terms of the Order 
 in Council, to include all the coasts and ports of Germany and every port of possible access to 
 enemy territory. But the novel and quite unprecedented feature of that blockade, if we are to 
 assume it to be properly so defined, is tliat it embraces many neutral ports and coasts, bars 
 access to them, and subjects all neutral ships seeking to approach them to the same suspicion 
 that would attach to them were they bound for the ports of the enemies of Great Britain, and to 
 unusual risks and penalties. 
 
 It is manifest that such limitations, risks, and liabilities placed upon the ships of a neutral 
 power on the high seas, beyond the right of visit and search and the right to prevent the ship- 
 ment of contraband alreadj- referred to, are a distmct invasion of the sovereign rights of the 
 nation whose ships, trade, or commerce is interfered with. 
 
 The Government of the United States is, of course, not oblivious to the great changes 
 which have occurred in the conditions and means of naval warfare since the rules hitherto 
 governmg legal blockade were formulated. It might be ready to admit that the old form of 
 "close" blockade with its cordon of ships in the immediate offing of the blockaded ports is no 
 longer practicable in face of an enemy possessing the means and opportunity to make an effective 
 defense by the use of submarines, mines, and air craft; but it can hardly be maintained that, 
 whatever form of effective blockade may be made use of, it is impossible to conform at least 
 to the spirit and principles of the established rules of war. If the necessities of the case should 
 seem to render it imperative that the cordon of blockading vessels be extended across the 
 approaches to any neighboring neutral port or country, it would seem clear that it would still 
 be casdy practicable to comph' with the weU-recognizod and reasonable prohibition of inter- 
 national law against the blockading of neutral ports by according free admission and exit to 
 all lawful traffic with neutral ports through the blockading cordon. This traffic woidd of 
 course include all outward-bound traffic from the neutral country and all inward-bound traffic 
 to the neutral country except contraband in transit to the enemy. Such procedure need not 
 conflict in any respect with the rights of the belligerent maintaining the blockade since the 
 right would remain with the blockadmg vessels to visit and search all ships either entering or 
 leaving the neutral territory which they were in fact, but not of right, investing. 
 
 The Government of the United States notes that in the Order in Council His Majesty's 
 Government give as their reason for entering upon a course of action, which they are aware is 
 without precedent in modern warfare, the necessity they conceive themselves to have been 
 placed under to retaliate upon their enemies for measures of a similar nature which the latter 
 have announced it their intention to adopt and which they have to some extent adopted; but 
 the Government of the United States, recalling the principles upon which His Majesty's Gov- 
 enrment have hitherto been scrupulous to act, interprets this as merely a reason for certain 
 extraordmary activities on the part of His Majesty's naval forces and not as an excuse for or 
 prelude to any unlawful action. If the com-se piu-sued by the present enemies of Great Britain 
 should prove to be in fact tainted by illegality and disregard of the principles of war sanctioned 
 by enlightened nations, it can not be supposed, and this Government does not for a moment 
 suppose, that His Majesty's Government would wish the same taint to attach to their own 
 actions or would cite such illegal acts as in any sense or degree a justification for similar prac- 
 tices on their part in so far as they affect neutral rights. 
 
 It is thus that the Government of the United States interprets the language of the note of 
 His Majesty's Prmcipal Secretary of State for Foreign Affairs which accompanies the copy 
 of the Order in Conned which was handed to the Ambassador of the United States near the 
 Government in London and by him transmitted to Washington.
 
 ► 
 
 BESTRAINTS ON COMMERCE. 71 
 
 This Government notes wntli gratification that "wide discretion is afforded to the prize 
 court in dealing with the trade of neutrals in such manner as may in the circumstances be 
 deemed just, and that full provision is made to facilitate claims by persons interested in any 
 goods placed in the custody of the marshal of the prize court under the order"; that "the 
 effect of the Order in Council is to confer certain powers upon the executive officers of His 
 Majesty's Government"; and that "the extent to which those powers will be actually exercised 
 and the degree of severity with which the measures of blockade authorized will be put into oper- 
 ation are matters which will depend on the administrative orders issued by the Government and 
 the decisions of the authorities especially charged with the duty of deahjig with individual 
 ships and cargoes according to the merits of each case." This Government further notes with 
 ecjual satisfaction the declaration of the British Government that " the instructions to be issued 
 by His Majesty's Government to the fleet and to the customs officials and executive committees 
 concerned wUl impress upon them the duty of acting with the utmost dispatch consistent with 
 the object in view, and of showing in every case such consideration for neutrals as may be com- 
 patible with that object, which is, succinctly stated, to establish a blockade to prevent vessels 
 from carrying goods for or coming from Gennany." 
 
 In view of these assurances formally given to this Government, it is confidently expected 
 that the extensive powers conferred by the Order in Council on the executive officers of the 
 Crown will be restricted by "orders issued by the Government" directing the exercise of their 
 discretionary powers in such a manner as to modify in practical application those provisions of 
 the Order in Council wliich, if strictly enforced, would ^-iolate neutral rights and interrupt 
 legitimate trade. Reljong on the faithful performance of these voluntary assurances by His 
 Majesty's Government the United States takes it for granted that the approach of American 
 merchnntmen to neutral ports situated upon the long line of coast affected by the Order in 
 Council will not be interfered with when it is known that they do not carry goods which are 
 contraband of war or goods destined to or proceeding from ports within the belligerent terri- 
 tory affected. 
 
 The Government of the United States assmnes with the greater confidence that His 
 Majesty's Government will thus adjust their practice to the recognized rules of international 
 law, because it is manifest that the British Govermnent have adopted an extraordinary method 
 of "stopping cargoes destined for or coming from the enemy's tenitory," which, owing to the 
 existence of imusual conditions in modem warfare at sea, it will be difficult to restrict to the 
 limits which have been heretofore required by the law of natioiLs. Though the area of opera- 
 tions is confined to "European waters including the Mediterranean," so great an area of the 
 high seas is covered and the cordon of ships is so distant from the territory affected that neutral 
 vessels must nccessaiily pass through the blockading force in order to reach important neutral 
 ports which Great Britain as a belligerent has not the legal right to blockade and which, there- 
 fore, it is presumed she has no intention of claiming to blockade. The Scandinavian and 
 Danish ports, for example, are open to American trade. They are also free, so far as the actual 
 enforcement of the Order in Council is concerned, to carry on trade with German Baltic ports 
 although it is an essential element of blockade that it bear with equal severity upon all neutrals. 
 
 This Government, therefore, infers that the commanders of liis Majesty's ships of war 
 engaged in maintaining the so-called blockade will be instructed to avoid an enforcement of 
 the proposed measiu-es of nonintercourso in such a way as to impose restrictions upon neutral 
 trade more burdensome than those wliich have been regarded as inevitable when the ports of 
 a belligerent are actually blockaded by the ships of its enemy. 
 
 The possibilities of serious interruption of American trade under the Order m Council 
 aro so many, and the methods proposed are so unusual and seem liable to constitute so great 
 an impediment and embarrassment to neutral commerce that the Govenmient of the United 
 States, if the Order in Council is strictly enforced, apprehends many interferences with its 
 legitimate trade which will impose upon His Majesty's Government heavy responsibilities for 
 acts of the British authorities clearly subversive of the rights of neutnU nations on the high seas. 
 It is, therefore, expected that His Majesty's Government, having considered these possibiUties, 
 will take the steps necessary to avoid them, and, in the event that they should unhappil_v occur, 
 will be prepared to make full reparation for every act which under the rult>s of international 
 law constitutes a violation of neutral rights. 
 
 As stated in its communication of October 22, 1914, "this Government will insist that the 
 rights and duties of the United States and its citizens in the present war be defined by the 
 existing rules of international law and the treaties of the United States, irrespective of the 
 provisions of the Declaration of London, and that this Govermnent reserves to itself the right 
 to enter a protest or demand in each case in which those rights and duties so defined arc violated 
 or their free exercise interfered with, by the authorities of the British Government."
 
 72 RESTRAINTS ON COMMERCE. 
 
 In conclusion you will reiterate to His Majesty's Government that this statement of the 
 views of the Government of the United States is made in the most friendly spirit, and in 
 accordance with the luiiform candor whicli has characterized the relations of the two Gov- 
 ernments in the past, and which has been in large measure the foundation of the peace and 
 amity existing between the two nations without interruption for a century. 
 
 Bryan. 
 
 File No. 3U.U5.G82/-13. 
 
 Consul General SJcinner to the Secretary of State. 
 
 [Extract.] 
 
 American Consxilate General, 
 
 London, April 7, 1915. 
 Sir: Referring to my telegram dated March 31st setting forth that under an unprodaimed 
 Order in Council dated March 23d it was proposed to requisition the cargo of the Wilhelmina, 
 I have the honor to enclose herewith a full copy of the order in cpiestion. 
 I have, etc., 
 
 Robert P. Skinner 
 
 FUe No. 341. 115 G.82/43. 
 
 ORDER IN COUNCIL. 
 
 March 23, 1915. 
 
 Whereas by section 3 of the prize courts act, 1894, His Majesty in Council is authorized to make rules of court for 
 regulating, subject to the pro^-isions of the naval prize act, 1S64, and the said act, the procedure and practice of prize 
 courts within the meaning of the naval prize act, 1864, and the duties and conduct of the ofBcers of the courts and of 
 the practitioners therein, and for regulating the fees to be taken by the officers thereof, and the costs, charges, and 
 expenses to be allowed to the practitioners therein: 
 
 And whereas in pursuance of the prize courts act, 1894, certain rules were made by the order of His Majesty in 
 Council, dated the 5th day of August, 1914, and amended by the Orders of His Majesty in Council of the 30th day of 
 September, 1914, and the 28th day of November, 1914, respectively, which said rules and amended rules were by 
 the said orders in council directed to take effect provisimially in accordance with the provisions of section 2 of the 
 Rules Publication Act, 1893, from the dates of the said Orders in Council, respectively: 
 
 And whereas the provisions of section 1 of the rules ))ublication act, 1893, were duly complied with in respect of 
 the said rules and amended rules, and the same were Jinnlhj made by the orders of Uis Majesty in Council, dated, 
 respectively, the 17th day of September, 1914, the 28th day of November, 1914, and the 3d day of February, 1915. 
 
 And whereas it is expedient that the said rules and amended rules should be fui-ther amended. 
 
 And whereas on account of urgency this order should come into immediate operation. 
 
 Now, therefore, His Majesty, by ■virtue of the powers in this behalf by the said act or otherwise in him vested, is 
 pleased, by and with the advice of his privy council, to order, and it is hereby ordered, as follows: 
 
 1. That in Order IX (discovery, iMs]iec1ion, and admission of documents and facts) of the said niles: 
 
 In rule 1, the words "upon (lUng an athda\'it" shall be omitted. 
 
 In rule 1, instead of the words "any other party" there shall be substituted the words "any party other than 
 the proper officer oi the Crown." 
 
 2. That in Order XI (sale, appraisement, safe custody, and inspection of prize) of the said rules, in rule 1, the 
 following Words shall be omitted: "on account of the condition of a ship, or on apphcation of a claimant, and on or 
 after condemnation." 
 
 3. That in Order XV (e\'idence and hearing) of the said rules, the follomng rule shall be added: 
 
 "21. Notwithstanding anything contained in these rules the proper officer of the Crown may apply to the judge 
 for leave to administer interrogatories fur the examination of any pcr.-icjii whether a ])arty to the cause or not." 
 
 4. That Order XXIX (requisition liy admiralty) of the said rules, as amended ]>y His Majesty's Order in Council 
 dated the 2Sth day of November, 1914, shall be, and the same is hereby, revoked, and in heu thereof the following 
 order shall have effect: 
 
 "order XXIX — REQUISITION. 
 
 "1. AVhere it is made to appear to the judge on the application of the proper officer of the Crown that it is desired 
 to requisition on behalf of His Majesty a ship in respect of which no final decree of condemnation has been made, he 
 shall order that the ship sluill be appraised, and that upon an undertaking being given in accordance with rule 5 
 of this order, the ship shall be relased and deUvered to the Crown. 
 
 "2. Where a decree for the <leteution of a ship has been made in accordance with Order XXVIII, the proper officer 
 of the Crown may file a notice (A])i)endix A, Form No. 55) that the Crown desires to requisition the same, and there- 
 upon a commission (Appendix A, Form No. 56) to the marshal directing him to appraise the ship shall issue. Upon 
 an undertaking being given in accordance with rule 5 of this order the ship shall be released, and delivered to the 
 Crown. Service of this notice shall not be required before filing, but copies thereof shall be served upon the parties 
 by the proper officer of the (!rown as soon thereafter as jjossible. 
 
 "3. Where in any case of requisition under this order it is made to appear to the judge on behalf of the Crown 
 that the ship is required for the service of His Majesty forthwith, the judge may order the same to be forthwith released 
 and deUvered to the Crown without appraisement. 
 
 "4. In any case where a ship has been requisitioned under the provisions of tliis order and whether or not an 
 appraisement has been made, the court may, on the apphcation of any party, fix the amount to be paid by the Crown 
 in respect of the value of the ship.
 
 RESTRAINTS OX COMMERCE. 73 
 
 "5. In every case of requisition under this order an undertaking in writing shall be filed by the proper officer of 
 the Crown for pa>Tnent into court on behalf of the Crown of the appraised value of the ship, or of the amount fixed 
 under Rule 4 of this order, as the rase may be, at such time or times as the court sh;ill declare by order that the same 
 or any ])art thereof is retjuircd for tho ])uq)ose of pajinent out of court. 
 
 " G. \\here in any case of re<iui;ation under lliis order it is made to appear to the judge on behalf of the Cro'ivTi that 
 the Crown desires to requisition the ship temporarily, the court may, in lieu of an order of release, make an order for 
 the temporary delivery of the ship to the Crown, and subject as aforesaid the jjrovisions of tliis order shall apply to such 
 a requisition ; provided that, in the event of the return of the ship to the custody of the court, the court may make such 
 order as it thinks fi t for the release of the undertaking given on bahalf of the Crown or the reduction of the amount uiuler- 
 taken to De paid then^by, as the case may be; and provided also that, where the slii)) so requisitioned is subject to the 
 provisions of Order XX\'I1I, rule 1, relating to detention, Ihr; amount for which the ('n)Wn shall be considered liable 
 in respect of such refjuisition shall be the amount of the damage, if any, which the ship h;is suffered by reason of such 
 temporary delivery as aforesaid. 
 
 "7. The proceedings in respect of a ship requisitioned under this order shall continue not-withstanding the requi- 
 sition. 
 
 "8. In any case of requisition of a ship in respect of which no cause has been instituted, any person interested in 
 such ship may, without issuing a writ, provided he does not intend to make a claim for restitution or damages, apply 
 by summons for an order that the amount to bo paid in respect of such ship be fi.xed by the court, and the judge may, 
 on the hearing of such summons, order the ship to be apprai.sed or to be valued, or give such other directions for fixing 
 the amount as he may think fit." 
 
 5. That in Form 4 in A])pendix A to the said rules there shall be omitted the words "commander of our ship of 
 war" and the words ''taken and seized as price by our said .ship of war." 
 
 6. This order shall take effect pToviiionaUy in accordance with the provisions of Section 2 of the rules publication 
 act, 1893, from the date hereof. 
 
 Almekic FrrzBOY. 
 763.72111/19:50. 
 
 The German Ambassador to the Secretary of State. 
 
 [Translation.] 
 
 No. A2341.] Imperial German Embassy, 
 
 WasMnrjton, AprilJ^, 1915. 
 Mr. Secretary of State: I have the honor to dcHver to Your Excelloncy the inclosed 
 memorandum on German-American trade and the question of delivery of arms. 
 Accept, etc., 
 
 J. Bernstorff. 
 
 Ilnclosure— Translat ion.] 
 MEMORANDUM. 
 
 No. A2841.] Imperial German Embassy, 
 
 Washinglon, D. C, April .(, 1915. 
 
 The various British Orders in Council have one-sidedly modified the generally recognized principles of international 
 law in a way which arbitrarily stops the commerce of neutral nations \vith Germany. Even before the last British 
 Order in Council, the shipment of conditional contraband, especially food supplies, to Germany was practically imjios- 
 sible. Prior to the protest sent by the American to the British Government on December 28 last, such a shipment 
 did not actually take place in a single case. Even after this protest the Imperial Embassy knows of only a single case 
 in which an American shipper has ventured to make such a shipment for the purpose of legitimate sale to Germany. 
 Both ship and cargo were immediately seized by the English and are being held in an English port under the pretext 
 of an order of the German Federal Council (Bundesrat) regarding the grain trade, altliough this resolution of the Federal 
 Council relates exclusively to grain and flour, and not to other foodstuffs, besides making an express exception mth 
 resjject to imported foodstuffs, and although the German Ciovernment gave the American Government an assurance, 
 and proposed a special organization whereby the exclusive consumption by the civilian population is absolutely 
 guaranteed. 
 
 Under the circumstances the seizure of the American ship was inadmissible according to recognized principles 
 of international law. Nevertheless the United States Govermnent has not to date secured the relea.se of the ship and 
 cargo, and has not, after a duration of the war of eight months, succeeded in protecting its lawful trade with Germany. 
 
 Such a long delay, especially in matters of food supply, is equivalent to an entire denial. 
 
 The Imperial Embassy must therefore assume that the United States Government acquiesces in the violations of 
 international law by Great Britain. 
 
 Then tlicre is also the attitude of the United States in the question of the exportation of arms. The Imperial 
 Government feels sure that the United States Government will agree that in questions of neutrality it is necessary to 
 take into consideration not only the formal aspect of the case, but also the sjiirit in which the neutrality is carried out. 
 
 The situation in the present war differs from that of any previous war. Therefore any referenie to arms furnished 
 by Germany in former wars is not justified, for then it was not a question whether war material should be su]>plied to 
 the belligerents, but ^vho should supply it in competition with other nations. In the present war all nations having a 
 war material industry worth mentioning are either involved in the war themselves or are engaged in i)erfecting their 
 own armaments, and have therefore laid an embiu-go against the exportation of war material. The United States is 
 accordingly the only neutral country in a position to furnish war materials. The conception of neutrality is thereby 
 given a new pin-jiort, independently of the formal question of hitherto existing law. In contradiction thereto, the 
 United States is building up a jKiwerful arms industry in the broadest sense, the existing plants not only being worked 
 but enlarged by all available means, and now ones built. The international conventions for the protection of the 
 rights of neutral nations doubtless sprang from the neces-sily of jirotecting the existing industries of neutral nations as 
 far as possible from injury in their business. But it can in no event be in accordance with the spirit of true neutrality
 
 74 BESTRAIXTS ON COMMERCE. 
 
 if under the protection of such international stipulations, an entirely new industrj- is created in a neutral state, such 
 as is the development of the amis industrj- in the United States, the business whereof, under the present conditions, < 
 can benefit only the belligerent powers. 
 
 This industry is actually delivering goods only to the enemies of Germany. The theoretical willingness to supply 
 Germanv also if shipments thither were possible, does not alter the case. If it is the will of the American people that 
 there shall be a true neutrality, the United States will find means of preventing this one-sided siijjply of arms or at 
 least of utilizing it to protect legitimate trade with Germany, esi)ecially that in foodstuffs. This view of neutrality 
 should all the more appeal to the United States Government because the latter enacted a similar policy toward Mexico. 
 On February 4, 1914, President Wilson, according to a statement of a Representative in Congress in the ("ommittee 
 for Foreign Affairs of December 30, 1914. upon the lifting of the embargo on arms to Mexico, declared that "we should 
 stand for genuine neutrality, considering the surrounding facts of the case * * *.'' He then held that "in that case, 
 because Carranza had no ports, while Uuerta had thera and was able to import these materials, that it was our duty 
 as a nation to treat (Carranza and Iluerta) upon an equality if we wished to ob.serve the true spirit of neutrality as 
 compared with a mere ])aper neutrality." 
 
 If this ^^ew were applied to the present case, it would lead to an embargo on the exportation of anus. 
 
 763.72111/1930. 
 
 The Secretary of State to the German Ambassador. 
 
 No. 1379.] Department of State, 
 
 'Washington, April 21, 1915. 
 
 Excellency: I have given thoughtful consideration to your E.xcelloncy's note of the 4th 
 of April, 1915, enclosing a memorandum of the same date, in which Your Excellency discusses 
 the action of this Government with regard to trade between the United States and Germanv 
 and the attitude of this Government witli regard to the exportation of arms from the United 
 States to the nations now at war mth Germany. 
 
 I must athnit that I am somewhat at a loss how to interpret Your Excellency's treatment 
 of these matters. There arc many circumstances connected with tliese important subjects to 
 which I would have expected Your ExceUoncj- to advert, but of which you make no mention, 
 and there are other circumstances to which you do refer wliich I would have supposed to be 
 hardly appropriate for discussion between the Government of the United States and the Gov- 
 ernment of Germany. 
 
 I shall take the liberty, therefore, of regarding Your Excellency's references to the course 
 pursued bj- tlie Government of the United States with regard to interferences with trade from 
 this country, such as the Government of Great Britain have attempted, as intended merely 
 to dlustrate more fully the situation to which you desire to call our attention and not as an 
 uivitation to discuss that course. Your Excellency's long experience in international affairs 
 will have suggested to you that the relations of the two Governments with one another can 
 not wisely be made a subject of discussion with a third Government, wliich can not be fully 
 informed as to tlie facts and wliich can not be fully cognizant of the reasons for the courso 
 pui-sued. I believe, however, that I am justified in assuming that what you desire to call 
 forth is a frank statement of the position of tliis Government in regard to its obligations as a 
 neutral power. The general attitude and course of pohc}- of tliis Government in the mainte- 
 nance of its neutrality I am particularly anxious that Your Excellency should see in their true 
 light. I had hoped that this Government's position in these respects had been made abun- 
 dantly clear, but I am of course perfectly wdling to state it again. This seems to me the more 
 necessary and desirable because, I regret to say, the language which Your Excellency employs 
 m your memorandtmi is susceptible of being construed as impugning tlie good faith of the 
 United States in the performance of its dutias as a neutral. I take it for granted that no such 
 implication was intended, but it is so evident that Your Excellency is laboring under certain 
 false impressions that I can not be too explicit in setting forth the facts as they are, when fully 
 reviewed and comprehended. 
 
 In the first place, this Government has at no time and in no manner yielded any one of 
 its riglits as a neutral to any of the present belligerents. It has acknowledged, as a matter 
 of course, the right of visit and search and the right to apply tlie rules of contral)and of war 
 to articles of commerce. It has, indeed, insisted upon the use of visit and search as an abso- 
 lutely necessary safeguard against mistaking neutral vessels for vessels owned by an enemy 
 and against mistaking legal cargoes for illegal. It has admitted also the right of blockade if 
 actually exercised and effectively maintained. These are merely the well-known limitations 
 which war places upon neutral commerce on the high seas. But notliing beyond these lias it 
 conceded. I ciill Your Excellency's attention to this, notAvithstanding it is already knowTi 
 to aU the world as a consequence of the publication of our correspondence in regard to these 
 matters with several of the belligerent nations, because I can not assume that you have official 
 cognizance of it.
 
 RESTRAINTS ON COMMERCE. 75 
 
 In the second place, this Government attempted to secure from the German and British 
 Governments mutual concessions with regard to the measures those Governments respectively 
 adopted for the interruption of trade on the high seas. This it did, not of right, but merely 
 us exercising the privileges of a sincere friend of both parties and as indicating its impartial 
 good will. The attempt was unsuccessful; but I regret, that Your Excellency did not deem 
 it worthy of mention in modification of the impressions you expressed. We had hoped that 
 this act on our part had shown our spirit in these times of distressing war as our diplomatic 
 correspondence had shown our steadfast refusal to acknowledge the right of any belligerant 
 to alter the accepted rules of war at sea in so far as they affect the rights and interests of 
 neutrals. 
 
 In the third place, I note with sincere regret that, in discussing the sale and exportation of 
 arms by citizens of the United States to the enemies of Germany, Your Excellency seems to 
 be under the impression that it was within the choice of the Government of the United States, 
 notwithstanding its professed neutrality and its diligent efforts to maintain it in other par- 
 ticulars, to inhibit this trade, and that its failure to do so manifested an unfair attitude toward 
 Germany. This Government holds, as I believe Your Excellency is aware, and as it Is con- 
 strained to hold in view of the present indisputable doctrines of accepted international law, 
 that any change in its o^vn laws of neutrality during the progress of a war wliich would affect 
 unequally the relations of the United States with the nations at war would be an unjustifiable 
 departure from the principles of strict neutrality by which it has consistently sought to direct 
 its actions, and I respectfully submit that none of the circumstances urged in Your Excel- 
 lency's memorandum alters the principle involved. The placing of an embargo on the trade 
 in arms at the present time would constitute such a change and be a direct violation of the 
 neutrality of the United States. It will, I feel assured, be clear to Your E.xcellency th.it, 
 holding this view and considering itseK in honor bound by it, it is out of the question for this 
 Government to consider such a coiu^e. 
 
 I hope that Your E.xcellency will realize the spirit in which I am drafting this reply. 
 The friendship between the people of the United States and the people of Germany is so 
 warm and of such long standing, the ties which bind them to one another in amity are so 
 many and so strong, that this Government feels under a special compulsion to speak with 
 perfect frankness when an}' occasion arises which seems likely to create any misunderstand- 
 ing, however slight or temporary, between those who represent the Governments of the two 
 countries. It will be a matter of gratification to me if I have removed from Your Excel- 
 lency's mind any misapprehension you may have been under regarding either the policy or 
 the spirit and purposes of the Government of the United States. Its neutrality is founded 
 upon the firm basis of conscience and good will. 
 Accept, etc., 
 
 W. J. Bryan. 
 
 FUe No. 763.72/1764a. 
 
 The Secretary of State to Ambassador Gerard. 
 
 No. 1664.] Department of State, 
 
 Washington, May 13, 1915. 
 
 Please call on the Minister of Foreign Affairs and after reading to him this communication 
 leave with him a copy. 
 
 In view of recent acts of the German authorities in violation of American rights on the 
 high seas which culminated in the torpedoing and sinking of the British steamship Lusifania 
 on May 7, 1915, by which over 100 American citizens lost theu' lives, it is clearly wise and 
 desirable that the Government of the United States and the Imperial German Government 
 should come to a clear and full understandmg as to the grave situation which has resulted. 
 
 The sinking of the British passenger steamer Fahba by a German submarine on March 28, 
 through which Leon C. Tlirasher, an American citizen, was drowned; the attack on April 28 
 on the American vessel Cushing by a German aeroplane; the torpedoing on May 1 of the 
 American vessel Gulflight by a German submarine, as a result of which two or more American 
 citizens met their death; and, fuially, the torpedomg and smking of the steamship Lusitania, 
 constitute a series of events wliich the Government of the United States has observed with 
 growing concern, distress, and amazement. 
 
 Recallmg tlio humane and enUghtened attitude hitherto assumed by the Imperial Ger- 
 man Government ui mattei-s of international right, and particularly with regard to the free- 
 dom of the seas; having learned to recognize the German views and the Germjui influence 
 in the field of international obligation as always engaged upon the side of justice and humanity; 
 and having imderstood the instructions of the Imperial German Government to its naval
 
 76 RESTRAINTS ON COMMERCE. 
 
 commanders to be upon the same plane of humane action prescribed by the naval codes of 
 other nations, the Government of the United States was loath to believe — it can not now 
 bring itself to believe — tbat these acts, so absolutely contrary to the rules, the practices, and 
 the spii-it of modem warfare, could have the countenance or sanction of that great Govern- 
 ment. It feels it to be its duty, therefore, to address the Imperial German Government 
 concerning them with the utmost frankness and in the earnest hope that it is not mistaken 
 in c.xpectmg action on the part of the Imperial German Govenmient which will correct the 
 unfortunate impressions which have been created and vuidicate once more the position of 
 that Government with regard to the sacred freedom of the seas. 
 
 The Government of the United States has been apprised that the Imperial German Gov- 
 ernment considered themselves to be obhged by the extraordinary circumstances of tlie present 
 war and the measures adopted 1>y their adversaries in seeking to cut Germany off from all 
 commerce, to adopt methods of retahation wliich go much beyond the ordinary methods of 
 warfare at sea, in the proclamation of a war zone from which they have warned neutral sliips 
 to keep away. This Government has akeady taken occasion to inform the Imperial German 
 Government that it can not admit the adoption of such measures or such a warning of danger 
 to operate as in any degree an abbreviation of the riglits of American shipmasters or of American 
 citizens bound on huvful errands as passengers on merchant ships of belligerent nationality; 
 and that it must hold the Imperial German Government to a strict accountability for any 
 infringement of those rights, intentiomd or incidental. It does not understand the Imperial 
 German Government to question those rights. It assumes, on the contrary, that the Imperial 
 Government accept, as of course, the rule that the lives of noncombatants, whether they be of 
 neutral citizenship or citizens of one of the nations at war, can not lawfidly or rightfully be 
 put in jeopardy by the capture or destruction of an unarmed merchantman, and recognize 
 also, as all other nations do, the obhgation to take the usiuxl precaution of visit and search 
 to ascertain whether a suspected mcrcliantman is in fact of belligerent nationality or is in fact 
 carrying contraband of war under a neutral flag. 
 
 The Government of the United States, therefore, desires to call the attention of the 
 Imperial German Government with the utmost earnestness to the fact that tlie objection to 
 their present mcthoil of attack against the trade of their enemies lies in the practical impos- 
 sibility of emploAang submarines in the destruction of commerce without disregarding 
 those rules of fairness, reason, justice, and humanity, wliich aU modern opinion regards as 
 imperative. It is practically impossible for the officers of a submarine to visit a merchant- 
 man at sea and examine her papers and cargo. It is practically impossible for them to make 
 a prize of her; and, if they can not put a prize crew on board of her, they can not sink her mthout 
 leaving her crew and all on board of her to the mercy of the sea in her small boats. These 
 facts it is understood the Imperial German Government frankly admit. We are informed 
 that in the instances of which ^ye have spoken time enougli for even that poor measure of safety 
 was not given, and in at least two of the cases cited not so much as a warning was received. Mani- 
 festly submarines can not be used against merchantmen, as the last few weeks have shown, 
 without an inevitable violation of many sacred principles of jiistice and humanity. 
 
 ^Vmerican citizens act within their indisputable rights in taking their slaps and in travel- 
 ing wherever their legitimate business calls them upon the high seas, and exercise those rights 
 in what should be the well-justified confidence that their lives will not be endangered by acts 
 done in clear violation of universally acknowledged international obligations, and certainly 
 in the confidence that their own Government will sustain them in the exercise of their rights. 
 
 There was recently published in the newspapers of the United States, I regret to inform 
 the Imperial Gennan Government, a formal warning, purporting to come from the Imperial 
 German Embassy at Wasliington, addressed to the people of the United States, and stating, 
 in effect, that any citizen of the United States who exercised liis right of free travel upon 
 the seas would do so at liis peril if his jom-ney should take him wntliin the zone of waters 
 witlun which the Imperial German Navy was using submarines against the commerce of Great 
 Britain and France, notwdthstanding the respectfid but very earnest protest of his Govern- 
 ment, the Government of the United States. I do not refer to this for the purpose of calling 
 the attention of the Imperial German Government at this time to the surprising irregularity 
 of a communication from the Imperial German Embassy at Wasliington addressed to the 
 people of the United States through the newspapers, but oidy for the purpose of pointing out 
 that no warning that an unlawful and inhumane act will be committed can possibly be accepted 
 as an excuse or paUiation for that act or as an abatement of the responsibihty for its commission. 
 
 Long acquainted as this Government has been with, the character of the Imperial Ger- 
 man Government and with the high principles of equity b}'^ which they have in the past been 
 actuated and guided, the Government of the United States can not believe that the com- 
 manders of the vessels wliich committed these acts of lawlessness did so except under a
 
 BESTRAIXTS ON COMMERCE. 77 
 
 misapprehension of the orders issued by the Imperial German naval authorities. It takes 
 it for granted that, at least within the practical possibilities of everj^ such case, the com- 
 manders even of submarines were expected to do nothing that would involve the lives of 
 noncombatants or the safety of neutral ships, even at the cost of failing of their object of 
 capture or destruction. It confidently expects, therefore, that the Imperial German Govern- 
 ment will disavow the acts of which the Government of the United States complains, that 
 they will make reparation so far as reparation is possible for injuries wliich are without 
 measure, and that they will take immediate steps to prevent the recurrence of anytliing so 
 obviously subversive of the principles of warfare for which the Imperial German Govern- 
 ment have in the past so wisely and so finnly contended. 
 
 The Government and the people of the United States look to the Imperial German Govern- 
 ment for just, prompt, and enlightened action in this ^-ital matter with the greater confidence 
 because the United States and Germany are bound together not only }>y special ties of friend- 
 ship but also by the explicit stipulations of the treaty of 1828 between the United States and 
 the Kingdom of Prussia. 
 
 Expressions of regret and offers of reparation in case of the destruction of neutral ships 
 sunk by mistake, while they may satisfy international obligations, if no loss of life results, 
 can not justify or excuse a practice, the natural and necessary effect of which is to subject 
 neutral nations and neutral persons to new and immeasurable risks. 
 
 The Imperial German Government will not expect the Government of the United States 
 to omit any word or any act necessary to the perfonnance of its sacred duty of maintain- 
 ing the rights of the United States and its citizens and of safeguarding their free exercise and 
 enjoyment. 
 
 Brtax. 
 97666°— 1.5 11
 
 PART IV. 
 
 FOODSTUFFS CARGO OF AMERICAN SHIP UlLHELMINA IN 
 BRITISH PRIZE COURT. 
 
 79
 
 CASE OF THE WILHELMINA. 
 
 File No. 300.115/2357. 
 
 The Secretary of State to Ambassador W. II. Page. 
 
 [Telegram.] 
 No. 1134.] Department of State, 
 
 ^^'asllington, February 15, 1915. 
 
 The dopartmont notps that you havp beon informed by the British Govornmcnt that 
 the cargo of the American steamer Wilhelmina ha.s been sent to prize court, but is not yet 
 unloaded. The Government of the United States, of course, has no intention of interfering 
 with the proper coui-se of judicial procechire in the British prize <'0urts, but deems it proper 
 to bring to the attention of the British Government information which has been received in 
 relation to the character and destination of the cargo and to point out certain considerations 
 prompting the supposition that the seizure may not be justified. 
 
 This Government is informed that the W. L. Green Commission Company, an American 
 corporation organized in 1891, which in the past has made extensive shipments of goods to 
 German}-, is tlio sole owner of the cargo which ccmsists entirely of foodstuffs consigned to 
 the W. L. Green Commission Company, Hamburg, and that the Company's manager, now in 
 Europe, has instructions to sell the cargo solely to the civihan population of Hamburg. A 
 copy of the ship's manifest has been submitted to this Government, accompanied l)y a sworn 
 statement from the Company's manager in which he represents that he was instructed to 
 proceed to Germany to dispose of the cargo to private purchasers in that country, and not 
 to any boUigcrciit government nor armed forces of such government, nor to any agent of a 
 beUigereut government or of its armed forceps. 
 
 According to well-established practice among nations, admitted, as this Government 
 imderstnnds by the Government of Great Britain, the articles of which the Wilhelmina's 
 cargo is said to consist, are subject to seizure as contraband only in case they are destmed for 
 the use of a belUgerent government or its arnaed forces. The Government of the United 
 States understands that the British authorities consider the seizure of the cargo justified on 
 the ground that a recent order of the Federal Coimcil of Germany, promulgated after the 
 vessel sailed, required the deUvery of imported articles to the German Government. The 
 o\vnei's of the cargo have represeiited to this Government that such a position is untenable. 
 They point t)ut that, Ijy a provision of the order in question as originally annoimced, the 
 regidations hi relation to the seizure of food products are made inapphcable to such products 
 imported after January thirty-one, nineteen fifteen. Tliey further represent that the oidy 
 articles siiipped on the WUhehnina which are embraced within the terms of these regulations 
 are wheat and bran, which constitute about fifteen per centum of the cargo as compared ^vith 
 eighty-five per centum consistmg of meats, vegetables, and fruits. The owners also assert that 
 the regulations contemplate the di.sposition of foodstufl's to individuals thiough municipalities; 
 that municipalities are not agents of the Government, and that the purpose of the regulations 
 is to conserve the supply of food products and to prevent speculation and inflation of prices 
 to noncombatants. 
 
 The German Govenmient has addressed a formal communication to the Government of 
 the United States in relation to the effect of the decree issued by the German Federal Council, 
 and this Govermnent deems it pertinent to call to the attention of the British Government 
 a material portion of this communication, which is as follows: 
 
 "1. The Federal Council's decision concerning the seizure of food products, which 
 England alleges to be the cause of food products shipped to Germany being treated as con- 
 traband, bears exclusively on wheat, rye, both unmixed and mixed with other products, 
 and also wheat, rye, oats, and barley flour. 
 
 "2. The Federal Council makes an express exception in section forty-five of the order. 
 Section forty-five provides as follows: The stipulations of this regulation do not apply to 
 grain or flour imported from abroad after January thirty-one. 
 
 "3. Conjunctively with that saving clause the Federal Council's order contains a pro- 
 vision under which imported cereals and flours would be sold exclusively to the municipalities 
 or certain specially designated organizations by the unporters. Although that provision had 
 for its object simply to throw imported grain and flours hito such channels as supply the 
 private consumption of civilians and, in cousecjuence of that provision, the intent and purpose 
 
 81
 
 82 CASE OF THE WILHELMINA. 
 
 of the Federal Council's order which was to protect the civilian population from speculators 
 and engrossers were fully met, it was nevertheless rescinded so as to leave no room for doubt. 
 
 "4. My Government is amenable to any proposition looking to control bj^ a special 
 American organization vmder the supervision of tlie American Consular officers and, if necessary, 
 will itself make a proposition in that direction. 
 
 "5. The German Government further calls attention to the fact that municipalities do 
 not form part of or belong to the Government but are self administrative bodies, which are 
 elected by the inhabitants of the Cominune in accordance with fixed rules and therfore exclusively 
 represent the private part of the population and act as it dkects. Although those principles are 
 generally known and obtain in the United States as well as in England itself, the German Govern- 
 ment desired to point out the fact so as to avoid any further unnecessary delay. 
 
 "6. Hence it is absolutely assured that imported food products wiU be consumed by the 
 civilian population in Germany exclusively." 
 
 It will be observed that it is stated in this communication, which appeai-s to confirm the 
 contentions of the cargo owners, that a part of the order of the German Federal Council relating 
 to imported food products has now been rescinded. 
 
 This Government has received another communication from the German Government 
 giving formal assurance to the Government of the United States that all goods imported into 
 Gennany from the United States directly or indirectly, which belong to the class of relative 
 contraband, such as foodstuffs, will not be used by the German army or navy or by Government 
 authorities, but will be left to the free consumption of the German civilian population, excluding 
 all Government purveyors. 
 
 If the British authorities have not in theii- possession evidence, other than that presented 
 to this Government as to the character and destination of the cargo of the Wilhelmina, sufficient 
 to warrant the seizure of this cargo, the Government of the United States hopes tliat tlic British 
 Government will release the vessel together with her cargo and allow her to proceed to her port 
 of destination. 
 
 Please communicate with the British Govornnient in the sense of the foregoing. 
 
 Bryan. 
 
 FileNo. 341.115G.82/9. 
 
 Amla^ador W. H. Page to the Secretary of State. 
 
 [Telegiam.] 
 No. 1672.] A.MERicAx Embassy, 
 
 London, Ffhntanj 19, 1915. 
 
 Sir Edward Grey has just handed me the following memorandum. Since your telegram 
 to liim was given to the press in Washington I consented to his proposal to give this memo- 
 randum out for publication in Saturday morning's newspapers: 
 
 MEMORANDUM. 
 
 The comnmnication made by the Unite<l States .\inl)a.ssad(ir in his note to .Sir Edward (iri'v of the sixteenth 
 instant has been carefully considered and the following observations are offeied in reply: — 
 
 2. At the time when His Majesty's Government gave directions for the seizure of the cargo of the steamship 
 Wilhelmina as contranand they had before them the text of the decree made by the German Federal Council on the 
 twenty-fifth January, under Article forty-five of which all grain and flour imported into Germany after the thirty- 
 first Januarj' was declared deliverable only to ceitain orgaiuzalions under direct government control or to municipal 
 authoritiea. The vessel was bound for Hamburg, one of the free cities of the Geiman Empire, the government of 
 which is vest«d in the municipality. This was one of the rea.sona actuating His Majesty's Government in deciding to 
 bring the cargo of the Wilhelmina before the prize court. 
 
 3. Information Ims only now reached them that by a subsequent decree, dated the sixth February, the above pro- 
 vision in Article forty-five of the prcA-ious decree was repealed, it would appear for the express purpose of rendering 
 difficult the anticipated jjroceedings against the Wilhelmina. The repeal was not known to His Majesty's Government 
 at the time of detention of the cargo, or indeed, until now. 
 
 4. How far the ostensible exception of imjxffted supplies from the general Government monopoly of all grain and 
 flour set up by the German Government may affect the question of the contraband nature of the shipment seized is a 
 matter which will most suitably be investigated by the prize court. 
 
 5. It is, however, necessary to state that the German decree is not the only ground on which the submission of the 
 cargo of the Wilhelmina to a prize court is justified. The German Government have in public announcements claimed 
 to treat practically every town or port on the English east coast as a fortified place and base of operations. On the 
 strength of this contention they have subjected to bombardment the open towns of Yarmouth, Scarborough, and Whitby, 
 among others. On the same ground, a number of neutral vessels sailing for English ports on the east coast with cargoes 
 of goods on the German list of conditional contraband have been seized by German cruisers and biought before the 
 German prize court. Again, the Dutch ve.ssel Maria, having sailed from California with a cargo of grain consigned to 
 Dublin and Belfast, was sunk in September last by the German cruiser Karlsruhe. This could only have been justified 
 if, among other things, the cargo could have been proved to be destined for the British Government or armed forces
 
 CASE OF THE WILHEI.MIXA. 83 
 
 and if a presumption to this effect ha<l been establLshed owing to Dublin or Belfast being considered a fortified place 
 or a base for tlie armed forces. 
 
 G. The German Government can not have it both vraye. If they consider themselves justified in destroying by 
 bombardment the lives and property of peaceful civil inliabitants of English open towns and watering places, and in 
 seizing and sinking sliips and cargoes of conditional contraband on the way thither, on the ground that they were con- 
 signed to a fortified ])lace or base, "a fortiori" His Majesty's Government must be at liberty to treat Hambure, which is 
 in part protected by the fortifications at the mouth of the Elbe, as a fortified town, and a base of operations and supply 
 for the purposes of Article tliirty-four of the Declaration of London. If the owners of the cargo of the WUhelmina desire 
 to question the validity ir international law of the action taken by order of His ifajesty's Government they will have 
 every opportunity of establishing their case in due course before the prize court, and His ilajeety's Government would, 
 in this connection, recall the attention of the United States Government to the considerations put forward in Sir 
 Edward Grey's note to Mr. Page of the tenth instant as to the propriety of awaiting the result of prize court proceed- 
 ings before diplomatic action is initiated. It will be remembered that they have from the outset given a definite 
 as.siutince that the owners of the WUhelmina, as well as the owners of her cargo, if found to be contraband wotild be 
 equitably indemnified. 
 
 7. There is one further observation to which His Majesty's Government think it right, and appropriate in the 
 present connection, to give expression. They have not, so far, declared foodstuffs to be absolute contraband. They 
 have not interfered with any neutral vessels on account of their carrj'ing foodstuffs, except on the basis of such food- 
 stuffs being liable to capture if destined for the enemy forces or governments. In so acting they have been guided 
 by the general principle, of late universally upheld by ci\'ilized nations, and observed in practice, that the civil 
 populations of countries at war are not to be -exposed to the treatment rightly reserved for combatants. This distinc- 
 tion has to all intents and purposes been swept away by the novel doctrines proclaimed and acted upon by the German 
 Government. 
 
 S. It is unnecessarj- here to dwell upon the treatment that has been meted out to the ci\-il population of Belgium, 
 and those parts of France which are in German occupation. MTien Germany, long before any mines had been laid 
 by British authorities, proceeded to sow mines upon the high seas, and, by tliis means, sunk a considerable number 
 not only of British but also of neutral merchantmen with their unoffending crews, it was, so His Majesty's Govern- 
 ment held, open to them to take retaliatory measures, even if such measures were of a kind to involve pressure of the 
 ci^^I population — not indeed of neutral states — but of their enemies. They refrained from doing so. 
 
 9. \\'hen, sub.sequently, English towns and defenseless British subjects, including women and children, were 
 deliberately and systematically fired upon and killed by ships flying the flag of the Imperial German Navy, when 
 quiet country towns and villages, void of defenses, and possessing no military or naval importance, were bombarded 
 by German airships. His Majesty's Government still abstained from drawing the logical consequences from this form 
 of attack on defenseless citizens. Further steps in the same direction are now announced, and in fact have already 
 been taken, by Germany. British merchant vessels have been torpedoed at sight without any attempt being made 
 to give warning to the crew, or any opportunity being given to save their lives, a torpedo has been fired against a British 
 Iiospital ship in daylight, and similar treatment is threatened to all British merchant vessels in future as well as to 
 any neutral ships that may happen to be found in the neighborhood of the British Isles. 
 
 10. Faced with this situation. His Majesty's Government consider it woidd be altogether unreasonable that Great 
 Britain and her allies should be expected to remain indefinitely bound, to their grave detriment, by rules and prin- 
 ciples of which they recognize the justice if impartially obser\-ed as between belligerents, but which are at the present 
 moment openly set at deliance l)y their enemy. 
 
 11. If, therefore, His Majesty's Government should hereafter feel constrained to declare foodstuffs absolute con- 
 traband, or to take other measures for interfering with German trade, by way of reprisals, they confidently expect 
 that such action will not be challenged on the part of neutral states by appeals to laws and usages of war whose validity 
 rests on their forming an integral part of that system of international doctrine which as a whole their enemy frankly 
 boasts the liberty and intention to disregard, so long as such neutral states can not compel the German Government 
 to abandon methods of warfare which have not in recent history been regarded as ha\'ing the sanction of either law 
 or humanity. 
 
 Page. 
 
 File No. 341.115G82/37 
 
 Ainhassador W. II. Page to the Secretary of State. 
 
 [Telegram.] 
 
 No. 1903.] American Embassy, 
 
 London. April 8, 1915. 
 
 The Prime Minister has just handed me the followinir, wliich I have communicated to 
 Hayes and Brooking, who strongly recommend its acceptance by their principals: 
 
 His Majesty's Government share the desire of the United States Goverimient for an immediate settlement of the 
 case of the WUhelmina. This .American ship laden with foodstuffs left New York for Hamburg on Januarj' 22nd. She 
 called at Falmouth of her own accord on February 9th and her cargo was detained as prize on February 11th. The 
 writ instituting prize court proceedings was issued on February 27th, and claimed that the cargo should be con- 
 demned as contraband of war. No proceedings were taken or even threatened against the ship herself, and in the 
 ordinary course the cargo would have been unloaded when seized so that the ship would be free to leave. The owners 
 of the cargo, however, have throughout objected to the discharge of the cargo and it is because of this objection 
 that the ship is still at Falmouth with the cargo on board. 
 
 His Majesty's Government have formally undertaken that even should the condemnation of the cargo as contraband 
 be secured in the prize court they would none the less compensate the owners for any loss sustained in coiLsequence of 
 the ship having been stoi)ped and proceedings taken against the caigo. 
 
 It was understood at the time that the proceedings in the prize court would be in the nature of a test case, the 
 decision in which would govern the treatment of any subsequent shipments of food supplies to Germany in similar
 
 84 <-'ASE OF THE WILHELMINA. 
 
 circumstances. Since then the situation has, however, materially changed by the issue of (lie Order in Council of 
 March 11, 1915, and the measures taken thereunder which prevent further supplies being sent from America to Germany, 
 whether contraband or not. 
 
 In these circumstances there is no longer any object in continuing the judicial proceedings in the case of the 
 WilMmina; for it can no longer serve as a test case, and it is really agreed that the owners of the cargo, even if proved 
 to have no claim, are to be treated as if their claim was good. Nothing therefore remains Init to settle the claim on 
 proper and just conditions, and this would, in the opinion of His Majesty's Government, be secured most expeditiously 
 and with the least inconvenience to all parties by an agreement between tlie Crown and the claimants for the dis- 
 posal of the whole matter. His Majesty's Government accordingly propose that such an agreement be arrived at on 
 the following terms: ''His Majesty's Government Inning undertaken to compensate the claimants by paying for 
 the cargo seized on the basis of the loss of the profit the claimants would have ma<le if the ship had jiroceeded in due 
 course to Harabiu'g, and by indemnifying them for the delay caused to the ship so far as this delay has been due to 
 the action of tlie British authorities, all proceedings in the prize court shall be stayed, on the understanding that His 
 Majesty's Government buy the cargo from the claimants on the above terms. The cargo shall be discharged and 
 delivered to the proper officer of the Crown forthwith. The sum to be paid shall be assessed by a single referee nomi- 
 nated jointly by the ambassador of the United States of America and His Majesty's principal secretary of state for 
 foreign affairs, who shall certify the total amount after making such inquiries as he may think fit, but without formal 
 hearing or arbitration." His Majesty's Government would be grateful if the United States anibas.sador wouhl inform 
 the claimants of the above proposal at his early convenience and obtain their acceptance. 
 
 Page.
 
 PART V. 
 
 DESTRUCTION OF AMERICAN MERCHANTMAN WILLIAM P. FRYE 
 BY GERMAN SHIP PRINZ EITEL FRIEDRICH. 
 
 97660°— 15 12 85
 
 CASE OF THE WILLIAM P. FRYE. 
 
 File No. 462.1lSe8/16. 
 
 The Secretary of State to Ambassador Gerard. 
 
 [Telegram.] 
 
 No. 1446.] Department of State, 
 
 Washington, March 31, 1915. 
 You are instructed to present the following note to the German Foreign Office: 
 
 Under instructions from my Govornment I have the honor to present a claim for $228,059. .54, with interest from 
 January 28, 1915, agaiiLst the German Government on behalf of the o^vners and captain of the American sailing vessel 
 William P. Frye for damages suffered by them on account of the destruction of that vessel on the high seas by the 
 German armed cruiser Prinz Eitel Friedrkh, on January 28, 1915. 
 
 The facts upon which this claim arises and by reason of which the German Government is held responsible by the 
 Government of the United States for the attendant loss and damages are briefly as follows: 
 
 The William P. Fnje, a steel sailing vessel of 3,374 tons gross tonnage, owned by American citizens and sailing 
 under the United States flag and register, cleared from Seattle, Wash., November 4, 1914, under charter to M. II. 
 llouser, of Portland, Oreg., bound for Queenstown, Falmouth, or Plymouth for orders, with a cargo consisting solely 
 of 180,950 bushels of wheat owned by the aforesaid Houser and consigned "unto order or to its assigns, " all of which 
 appears from the ship's papers which were taken from the vessel at the time of her destruction by the commander 
 of the German cruiser. 
 
 On January 27, 1915, the Prinz Eitel Friedrich encountered the Frye on the high seas, compelled her to stop, and 
 sent on board an armed boarding party, who took possession. After an examination of the ship's papers the com- 
 mander of the cruiser directed that the cargo be thrown overboard, but subsequently decided to destroy the vessel, 
 and on the following morning, by his order, the Frye was sunk. 
 
 The claim of the owners and captain consists of the following items: 
 
 Value of ship, equipment, and outfit $1-50, 000. 00 
 
 Actual freight as per freight list, 5034 1000/2240 tons at 32-6— £8180-19-6 at $4.80 39, 759. 54 
 
 Traveling and other expenses of Capt, Kiehne and Arthur Sewall & Co., agents of ship, in 
 
 connection with making affidavits, preparing and filing claim 500. 00 
 
 Personal effects of (apt. II. 11. Kiehne 300.00 
 
 Damages covering loss due to deprivation of use of ship 37, .500. 00 
 
 Total 228, 059. 54 
 
 By direction of my Government, I have the honor to request that full reparation be made by the German Gov- 
 ernment for the destruction of the William P. Frye by the German cruiser Prinz Eitel Friedrich. 
 
 Brtak. 
 
 FUe No. 462.1lSe8/16. 
 
 Ambassador Gerard to the Secretary of State. 
 
 No. 1984.] American Embassy, 
 
 Berlin, April 5, 1915. 
 The following is translation of the reply of the Foreign Office to my note of April 3 : 
 
 German Foreign Office, 
 
 Berlin, April 5, 1915. 
 
 The undersigned has the lienor to make reply to the note of his Excellency, Mr. James W. Gerard, Ambassador, 
 the United States America, dated the 3d instant, foreign office No. 2892, relative to claims for damages for the sinking 
 of the American merchant vessel William P. Frye by the German auxiliary cruiser Prinz Eitrl Friedrich. 
 
 According to the reports which have I'eachcd the German Government the commander of the Prim Eitel Friedrich 
 stopped the William P. Frye on the high seas January 27, 1915. and searched her. He found on board a cargo of wheat 
 consigned to Queenstown, Falmouth, or Plymouth to order. After he had first tried to remove the cargo from the 
 William P. Frye he took the ship's papers and her crew on board and sank ship. 
 
 It results from these facts that the German commander acted quite in accordance with the principles of inter- 
 national law as laid down in the Declaration of London and the German prize ordinance. The ports of Queenstown, 
 Falmouth, and Plymouth, whither the ship visited was bound, are strongly fortified English coast places, which, more- 
 over, serve as bases for the British naval forces. The cargo of wheat being food or foodstuffs, was conditional contra- 
 band within the meaning of article 24, No. 1, of the Declaration of London, and article 23, No, 1, of the German prize 
 ordinance, and was therefore to bo considered as destined for the armed forces of the enemy, pursuant to articles 33 and 
 34 of the Declaration of London and articles 32 and 33 of the German prize ordinance, and to be treated as contraband 
 pending proof of the contrary. This proof was certainly not capable of being adduced at the time of the visiting of 
 the vessel since the cargo papers read to order. This, however, furnished the conditions under which, piuvuant to 
 article 49 of the Declaration of I^ondon and article 113 of the German prize ordinance the sinking of the ship was per- 
 missible, since it was not possible for the auxiliary cruiser to take the prize into a German port without involving 
 danger to its own security or the success of its operations. The duties devohing upon the cruiser before destruction of 
 the ship, piu^uant to article 50 of the Declaration of London and article 116 of the German prize ordinance, were fulfillixl 
 by the cruiser in that it took on board all the persons found on the sailing vessel, as well as the ship's papers. 
 
 The legality of the measures taken by the German commander is furthermore subject to examination by the 
 German prize court pursuant to article 51 of the Declaration of London and section 1. No. 2, of the German Code of 
 Prize Procedure. These prize proceedings will be instituted before the prize court at Hamburg as soon as the ship's 
 
 87
 
 88 CASE OF THE WILLIAM P. FRYE. 
 
 papers are received and will romprise the settlement of queetions whether the destruction of the cargo and the ship 
 was necessary within the mcaninc; of article 49 of the Declaration of London; whetlier the property sunk was liable 
 to capture; and whether, or to what extent, indemnity Is to be awarded the owners, In the trial the owners of ship 
 and cargo would be at liberty, pursuant to article 34, paragraph 3, of the Declaration of London, to adduce proof that 
 the cargo of wlieat had an innoconf destination and did not, therefore, have the character of contraband. If such proof 
 is not adduce<l, the German Government would not be liable for any compensation whatever, according to the general 
 principles of international law. 
 
 However, the legal situation is somewhat different in the light of the special stipulations applicable to the rela- 
 tions between Germany and the United States since article 13 of the Prussian-American treaty of friendship and 
 commerce of July 11, 1799, taken in connection with article 12 of Prussian-American treaty of commerce and naviga- 
 tion of May 1, 182S. provides that contraband belonging to the subjects or citizens of either party can not be confiscated 
 by the other in any caise but only detained or used in conBideration of payment of the full value of the same. On 
 the ground of this treaty stipulation which is as a matter of course binding on the German prize court the American 
 owners of the ship and cargo would receive compensation even if the court should declare the cai-go of wheat to be contra- 
 band. Nevertheless the approaching prize proceedings are not rendered superfluous since the competent prize court 
 must examine into the legality of the ca])tiu'e and destruction and also pronounce upon the standing of the claimants 
 and the amount of indemnity. 
 
 The undersigned begs to suggest that the ambassador bring the above to the knowledge of his Government and 
 avails himself, etc. 
 
 (Signed) .Iac.ow. 
 
 April 4, 1915. 
 
 Gerard. 
 
 File No. 462.11Se8/l«. 
 
 Tlie Secretari/ of State to Amhassador Gerard. 
 
 No. 1583.] Department of State, 
 
 WasMnffton, April 2S, 1915. 
 You are instructed to present the following note to the German Foreign Office: 
 
 In reply to Your Excellency's note of the 5th instant, which the Government of the United States understands 
 admits the liability of the Imperial German Government for the damages resulting from the sinking of the American 
 sailing ^■essel WiUinm P. Frijc by the German auxiliary cruiser Prinz Eitcl Friedrich on January 28 last. I have the 
 honor to say, by ilirection of my Government, that while the promptness with which the Imperial German Government 
 has admitted its liability' is highly ap]ireciated, my Government feels that it would be inappropriate in the circum- 
 stances of this case, and would involve unnecessary delay to adopt the suggestion in yoiu- note that the legality of the 
 capture and destruction, the standing of the claimants, and the amount of indemnity should be submitted to a prize 
 court. 
 
 Unquestionably the destruction of this vessel was a violation of the obligations imposed upon the Imperial 
 German Government under existing treaty stipulations between the LTnited States and Prussia, and the LTnitcd 
 States Government, by virtue of its treaty rights, has presented to the Imperial fierman Government a claim for 
 indemnity on accoimt of the resulting damages suffered by American citizens. The liability of the Imperial German 
 Government and the standing of the claimants as American citizens and the amoimt of indenmity are all questions 
 which lend themselves to diplomatic negotiation between the two Governments, and happily the question of liability 
 has already been settled in that way. Tlie status of the claimants and the amount of the indemnity are the only 
 questions remaining to be settled, and it is appropriate that they should be dealt with in the same way. 
 
 The Government of the United States fully understands that, as stated in your excellency's note, the German 
 Government is liable imder the treaty provisions above mentioned for the damages arising from the destruction of 
 the cargo as well as from the destruction of the vessel. But it will be observed that the claim under discussion does 
 not include damages for the destruction of the cargo, and the question of the value of the cargo therefore is not 
 involved in the present discussion. 
 
 The Government of the United States recognizes that the German Government will wi.-<h to be satisfied as to the 
 American ownership of the vessel, and the amount of the damages sustained in consequence of her destruction. 
 
 These matters are readily ascertainable, and if the German Government desires any further evidence in substan- 
 tiation of the claim on these points in addition to that furnished by the ship's papers, which are already in the posses- 
 sion of the German Government, any additional evidence found necessary %\ill be produced. In that case, however, 
 inasmuch as any evidence which the German Government may wish to have produced is more accessible and can 
 more conveniently be examined in the United States than elsewhere, on account of the presence there of the ow'ners 
 and captain of the William P. Frtje and their documentary records, and other possible witnesses, the Government of 
 the United States ventures to suggest the advisability of transferring the negotiations for the settlement of these points 
 to the imperial German embassy at AVashington. 
 
 In view of the admission of liability by reason of specific treaty stipulations, it has become unnecessary to enter 
 into a discussion of the meaning and effect of the Declaration of London, which is given some prominence in Your 
 Excellency's note of April 5, f lu-ther than to say that, as the German Government has already lieen advised, the Govern- 
 ment of the United States does not regard the Declaration of London as in force. 
 
 o 
 
 ^' 
 
 Bryan.
 
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