[Annex] Protocol of an agreement concluded between Honorable Robert Lansing, Acting Secretary of State of the United States, and Don Eusebio A. Morales, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, signed the tenth day of October, 1914 The undersigned, the Acting Secretary of State of the United States of America and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, in view of the close association of the interests of their respective Governments on the Isthmus of Panama, and to the end that these interests may be conserved and that, when a state of war exists, the neutral obligations of both Governments as neutrals may be maintained, after having conferred on the subject and being duly empowered by their respective Governments, have agreed: That hospitality extended in the waters of the Republic of Panama to a belligerent vessel of war or a vessel belligerent or neutral, whether armed or not, which is employed by a belligerent power as a transport or fleet auxiliary or in any other way for the direct purpose of prosecuting or aiding hostilities, whether by land or sea, shall serve to deprive such vessel of like hospitality in the Panama Canal Zone for a period of three months, and vice versa. In testimony whereof, the undersigned have signed and sealed the present protocol in the city of Washington, this tenth day of October, 1914. ROBERT LANSING ENLISTMENTS IN BELLIGERENT FORCES-THE PROBLEM OF File No. 763.72111/297 RESERVISTS The Acting Secretary of Commerce1 (Sweet) to the Secretary of State DEPARTMENT OF COMMERCE, SIR: I enclose herewith for your information a copy of a telegram last night sent to the collector of customs, New York, New York, in regard to clearance of vessels carrying supposed reservists. Respectfully, E. F. SWEET 1 See the letter of the Acting Secretary of Commerce to the Secretary of State, August 6, 1914, post, p. 595, for instructions of August 5 to the collector of customs at New York regarding the clearance of foreign merchant vessels, containing the following directions: It must be clear that she is not to be used for transportation recruits or. reserves for a foreign army or navy. If her passengers are nearly all men and practically all of the same nationality, clearance cannot be granted. [Enclosure-Telegram] The Acting Secretary of Commerce (Sweet) to the Collector of Customs New York DEPARTMENT OF COMMERCE, We think clearance must be granted when supposed reservists go as individuals and not as organized military unless there are other grounds for withholding. E. F. SWEET File No. 763.72111/301 The French Chargé d'Affaires (Clausse) to the Secretary of State [Translation] FRENCH EMBASSY, Washington, August 8, 1914. MR. SECRETARY OF STATE: I hear that the collector of customs at New York has sent to our Consul General a communication according to which "all that could be utilized for the army, either men or supplies," will be considered as contraband. If in accord with a decision of the Federal Government, that communication seems to me to call for the most express reservations: 1. The law of nations cannot stand in the way of the citizens of a country at war discharging their most sacred duty. Besides, at the time of the Balkan wars, large numbers of reservists returned to their country by groups without any objection being raised. 2. To forbid the exportation of cereals to the countries now engaged in war would be an unusual extension of neutral obligations, the result of which would weigh likewise on the civilian population of the belligerent countries. Such a prohibition, based on neutrality, would, on the contrary, be a violation of neutrality, for it would be wholly to the advantage of one belligerent and the disadvantage of the other. Its effect, indeed, would be to deprive the belligerent who should happen to win the mastery of the seas from the benefit of that legitimate superiority. It is not for me to point out the economic dangers of such a proposition to the state that should order it. Be pleased to accept [etc.] CLAUSSE The Secretary of State to the French Chargé d'Affaires (Clausse) No. 1367] DEPARTMENT OF STATE, Washington, August 13, 1914. 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 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, 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 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.] W. J. BRYAN File No. 763.72/938 The Ambassador in Japan (Guthrie) to the Secretary of State AMERICAN EMBASSY, Tokyo, August 27, 1914. SIR: I have the honor to transmit herewith, as of possible interest to the Department, copies of correspondence passing between this Embassy and the Great Northern and Pacific Mail Steamship Companies, with regard to the carriage on ships of these companies, of Austrian and German reservists and of possible contraband of war. I have [etc.] GEORGE W. GUTHRIE [Enclosure 11 The General Agent of the Great Northern Steamship Company (C. F. McWilliams) to the Ambassador in Japan (Guthrie) Yokohama, August 12, 1914. SIR: I enclose a copy of my letter of even date addressed to the president, Nippon Yusen Kaisha, Tokyo, on the subject of our ship, the Minnesota, carrying Austrian reservists from Shanghai to the United States." As the Minnesota does not call at Shanghai, these people would be obliged to find their own way from Shanghai to either Nagasaki, Kobe or Yokohama in order to join the Minnesota. I should like to learn from you how the United States Government as a neutral power would view our action. I am also just in receipt of a cable from Thomas Cook & Son, asking for the entire accommodation of first, second, and third class on the Minnesota for this particular voyage. It is possible that some of their prospective passengers may be Germans; if so, it presents another feature to be considered vis-à-vis the Japanese in the event of matters becoming more complicated in the Oriental question, when we might place ourselves in danger of being seized for violation of the neutrality law. My idea would be to let such passengers who may be described as reservists" find their own way to Japan, when we might be able, with the consent of the Japanese authorities, to take them in the ordinary way booked from Japan to United States points only, not selling them any tickets reading through to Europe. Awaiting the pleasure of your reply, I have [etc.] C. F. MCWILLIAMS [Enclosure 2] The Ambassador in Japan (Guthrie) to the General Agent of the Great Northern Steamship Company (C. F. McWilliams) AMERICAN EMBASSY, SIR: In reply to your communication of August 12 re your ship Minnesota carrying Austrian reservists from Shanghai to the United States, your attention is called to the fact that in international law the carriage of persons in the service of a belligerent is analogous to the carrying of contraband and the penalty for same may be confiscation of the ship. Hall's International Law says: "A neutral vessel becomes liable to the penalty appropriate to the carriage of persons in the service of a belligerent when the persons on board are such in number, importance or distinction, and at the same time the circumstances of their reception are such, as to create a reasonable presumption that the owner or his agent intend to aid the belligerent in his war." The essence of the offense consists in the intent to help the belligerent, and the degree of the help is immaterial. With the prior knowledge that you have concerning the matter under consideration, the number of reservists in question, the fact that the entire passenger accommodations are desired, that even certain changes in the ship may be required, would seem to place the act in the category of "unneutral service," the penalty for which is confiscation. As to the contention that tickets would be sold only to America, that does not change the status of the action since the United States courts have repeatedly held that it is the destination of the cargo (persons) that determines and not the destination of the ship. Your attention is called to the possibility that the United States may refuse to allow a body of belligerent reservists to land in her territory, and the attendant possibility that in such a case your company might be forced to transport these reservists elsewhere. While the Embassy cannot give you any instructions in the matter, in view of what has been said you are advised that you must act entirely on your own responsibility. I am [etc.] GEORGE W. GUTHRIE The Acting Secretary of State to the Ambassador in Japan (Guthrie) DEPARTMENT OF STATE, Washington, September 24, 1914. SIR: Receipt is acknowledged of your despatch of August 27, 1914. enclosing copies of correspondence passing between the Embassy and the Great Northern and Pacific Mail Steamship Companies, with reference to the transportation on ships of those companies of Austrian and German reservists from Japan to the United States. The Department approves your course in this matter. I am [etc.] ROBERT LANSING |