MARITIME DANGER ZONES AND MINE AREAS. File No. 763.72/257. Ambassador Gerard to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, Mr. Gerard reports that he is informed by the German Foreign Office that German ports are strewn with mines, and it is requested that timely warning be given shippers against navigating in ports which foreign forces might use as bases. File No. 763.72/566. Memorandum from the British Embassy. His Majesty's Chargé d'Affaires presents his compliments to the Secretary of State and has the honour to communicate to him the following telegram which he received last night from the Foreign Office: "The Germans are scattering contact mines indiscriminately about the North Sea in the open sea without regard to the consequences to merchantmen. Two days ago four large merchant ships were observed to pass within a mile of the minefield which sank H. M. S. Amphion. The waters of the North Sea must therefore be regarded as perilous in the last degree to merchant shipping of all nations. In view of the methods adopted by Germany the British Admiralty must hold themselves fully at liberty to adopt similar measures in self-defence which must inevitably increase the dangers to navigation in the North Sea. But, before doing so, they think it right to issue this warning in order that merchant ships under neutral flags trading with North Sea ports should be turned back before entering the area of such exceptional danger. BRITISH EMBASSY, Washington, August 11, 1914. File No. 763.72/566. Memorandum to the British Embassy. The Secretary of State presents his compliments to His Britannic Majesty's Chargé d'Affaires and acknowledges the receipt of his Memorandum of August 11, 1914, communicating a telegram received by him from the Foreign Office stating that the Germans are scattering contact mines indiscriminately in the open waters of the North Sea without regard to the consequences to merchantmen, thus rendering these waters perilous to the shipping of all nations, and that in view of the methods adopted by Germany the British Admiralty hold themselves at liberty to adopt similar measures in self-defense, thus increasing the dangers to navigation in the North Sea. It is not stated in the Memorandum whether the contact mines are floating or anchored, but it is presumed from the expression "scattering contact mines indiscriminately" that it was the intention to convey the idea that the mines referred to are floating mines. The limitation placed upon the use of floating contact mines by Article 1 of The Hague Convention of 1907 relative to the Laying of Automatic Submarine Contact Mines is that they shall become harmless within one hour after being laid. The Secretary of State is loath to believe that a signatory to that Convention would wilfully disregard its treaty obligation, which was manifestly made in the interest of neutral shipping. All restrictions upon the rights of neutrals upon the high seas, the common highway of nations, during the progress of a war, are permitted in the interests of the belligerents, who are bound in return to prevent their hostile operations from increasing the hazard of neutral ships in the open sea so far as the exigencies of the war permit. If an enemy of His Majesty's Government has, as asserted, endangered neutral commerce by an act in violation of The Hague Convention, which can not be justified on the ground of military necessity, the Secretary of State perceives no reason for His Majesty's Government adopting a similar course, which would add further dangers to the peaceful navigation of the high seas by vessels of neutral powers. The Secretary of State, therefore, expresses the earnest and confident hope that His Majesty's Government may not feel compelled to resort, as a defensive measure, to a method of naval warfare, which would appear to be contrary to the terms of The Hague Convention and impose upon the ships and lives of neutrals a needless menace when peaceably navigating the high seas. DEPARTMENT OF STATE, Washington, August 13, 1914. File No. 763.72/419. Memorandum from the British Embassy. The British Embassy presents its compliments to the Department of State, and with reference to its memorandum of August 11 on the subject of contact mines in the North Sea has the honour to communicate the following telegram received from His Majesty's Govern ment: "German action and the measures it may entail are a source of grave danger to shipping. British Admiralty will, however, from time to time and subject to naval exigencies, try to indicate certain routes and channels for trade to pass to the Scheldt, and they do not wish in any degree to keep trade away from the English Channel. Difficulties in the way of a guarantee for the Rhine, which is nearer to the centre of war, are at present insuperable. BRITISH EMBASSY, Washington, August 14, 1914. File No. 763.72/552. Memorandum from the British Embassy. His Britannic Majesty's Chargé d'Affaires presents his compliments to the United States Secretary of State and has the honour to acknowledge the receipt of his memorandum of August 13 in which, with reference to the action of Germany in placing contact mines in the North Sea and the right reserved by His Majesty's Government to take similar measures in self-defence, the Secretary of State expresses the hope that His Majesty's Government may not feel compelled to resort to a method of warfare which would appear to be contrary to the terms of the Hague Convention of 1907 and impose upon the ships and lives of neutrals a needless menace when peaceably navigating the high seas. His Majesty's Chargé d'Affaires lost no time in fully informing His Majesty's Government of the views which the Secretary of State was good enough to express in the memorandum under reply, and he now begs to communicate a further expression of Sir Edward Grey's views as received by telegraph. It is stated that there is no doubt whatever that automatic contact mines have been placed by Germany in the high seas where they are dangerous to merchant shipping, as a German mine-laying vessel was caught in the act. It is not alleged that they are a breach of any Convention concluded at The Hague to which Germany is a party, but that does not make them less dangerous to merchant shipping. His Majesty's Government share the reluctance of the Secretary of State to see the practice extended and the danger to neutral shipping increased. At the same time His Majesty's Chargé d'Affaires is instructed to point out that if Great Britain refrains from adopting the methods of Germany the result is that Germany receives impunity unless the neutral Powers can find some means of making Germany feel that she cannot continue to preserve all facilities for receiving trade and supplies through neutral shipping while impeding British commerce by means the use of which by Great Britain is deprecated by the United States Government. BRITISH EMBASSY, Washington, August 19, 1914. |