File No. 763.72112/361b
The Acting Secretary of State to the Ambassador in Great Britain (Page)
Washington, October 4, 1914, 5 p.m.
[Telegram]
246. Ambassador Spring Rice telegraphed to Sir Edward Grey October 2 in substance the result of a conversation between Ambassador and Counselor of State Department as follows: If Great Britain accepts declaration without change and then adds under Articles 21 and 25 to the list of absolute and conditional contraband she would gain what appears to be her chief object while only using powers conferred in the declaration. Words, “exclusively used for [Page 244] war,” in Article 23 cannot be literally interpreted, for example, case of dynamite sticks. In interpreting this expression consideration must be given to methods of warfare, the destination, and conditions existing at time of additions to contraband lists. Do not powers under Articles 23 and 25 furnish sufficient means to protect British interests without modifying declaration at all? Articles 3, 4 and 6 of order in council seem hardly important enough to justify sacrifice of principle of unanimous agreement, for if Great Britain and her allies accept declaration Germany and Austria are bound to do same under their assurance of reciprocity. Presumably embargo on export of certain articles could be arranged with certain countries under threat of taking other measures on the principle that such countries could not allow their territory to become base for military operations. Little doubt that acceptance by Great Britain of declaration without modification for this war would be solution of present difficulty and create widespread satisfaction. End of substance of conversation.
This Government would view with eminent satisfaction British acceptance of declaration without change in order that for the present war uniform set of rules of naval warfare could be put in force defining relations between neutrals and belligerents. It would also quiet public unrest, which is increasing, as to present British action. After such unconditional acceptance, modifications of lists of contraband under powers given by Articles 23 and 25 could be made, but as to the propriety of additions made by the British Government to lists of contraband, this Government must reserve opinion until duly notified of such additions.