The Secretary of State to the French Chargé d’Affaires (Clausse)
Washington, August 13, 1914.
No. 1367]
Sir: I have your note of August 8, 1914, in which you state that the French Consul General has received a communication from the collector of customs at New York according to which” all that could be utilized for the army, either men or supplies, will be considered [Page 558] as contraband,” and in which you state that, if that communication is in accord with the decision of the Federal Government, it seems to call for your most express exceptions.
Replying, I beg to say that this situation must have resulted from mistake somewhere, or must have been the result of extra precautions at the beginning of European hostilities to prevent the outfitting of ships for use in war or military expeditions or enterprises from the United States in violation of her neutrality. I hardly think that the collector of customs was acting under instructions, if he made such a declaration as that attributed to him. That declaration is not the decision of the Federal Government, which is neither interested nor inclined in having supplies considered contraband of war on the ground that they could be utilized for the army or military forces of the belligerents. On the contrary, it is and has been the hope of this Department that the governments unhappily at war in Europe will make liberal declarations respecting contraband, to the end that international commerce may suffer the least possible hardships during the existence of hostilities. This Department has advised the trade in this country that cereals, and foodstuffs generally, will constitute contraband of war only when destined to the army or navy, or some department of government of one of the belligerents. This Government will not, of course, seek to unnecessarily restrict the commerce of its citizens with those of the nations at war, or to extend contraband so as to include foodstuffs or supplies, merely on the ground that they are adaptable to the uses of war.
I hand you herewith instructions to the collectors of customs, issued by the Secretary of the Treasury on August 8 [10], 1914,1 and call your attention to their provisions, which, as you will observe, are not in accord with the communication which the Consul General says he has received from the collector of customs at New York.
Replying to the other grounds of your exceptions, no resistance, within the knowledge of this Department, has been offered to reservists in the army of any of the belligerents wishing to leave this country for military service in their native lands, whether such reservists leave singly or in numbers. It is believed that the only restriction upon the departure of citizens of any of the countries of war for service in the army is to be found in the neutrality laws of the United States, embodied in the proclamation of the President, prohibiting the “beginning or setting on foot or providing or preparing the means for any military expedition or enterprise to be carried on from the territory or jurisdiction of the United States against the territories or dominions of either of the said belligerents.” What constitutes a military expedition or enterprise either begun or set on foot in this country has been the subject of some judicial determination by the courts of the United States; and, while it is not deemed necessary to point to these decisions at this time, it may be said generally that return from the United States to their native lands by citizens of foreign countries, though to enter military service there, whether their departure is singly or in numbers, is not illegal or in violation of the neutrality of the United States, unless accompanied by other circumstances evidencing the beginning or setting [Page 559] on foot, or providing or preparing the means for a military expedition or enterprise from the territory or jurisdiction of the United States against the territories or dominions of one of the belligerents. It is the purpose of this Government to observe complete neutrality in the war now being waged by European countries; but it is not deemed necessary to adopt means or to apply regulations which are not demanded by the neutrality laws of the United States or the rules of international law.
I am enclosing herewith copy of the proclamation issued by the President to preserve the neutrality of the United States in the present war between Austria-Hungary and Servia, Germany and Russia, and Germany and France, the terms of which are believed to be of plain import and to set forth the attitude assumed by this Government.1
Accept [etc.]