File No. 825.731/1.
Ambassador Fletcher
to the Secretary of State.
No 574.]
American Embassy,
Santiago,
January 11, 1915.
Sir: I have the honor to enclose a copy, with
translation, of Decree of the Chilean Government No. 6364, dated
December 30, 1914, which orders all telegraphic, radio-telegraphic and
telephonic apparatus, destined or not for public service, whose
installation has not been duly authorized to be destroyed and forbids
all telegraphic, cable, or radio-telegraphic companies, either
governmental or private, to transmit communications in code language or
cipher, excepting, however, the communications of diplomatic agents and
banks providing they deposit their code with the Director General of
Telegraph. All communications must be written in clear language in
German, Spanish, French, English, Italian or Portuguese, and may not
contain news regarding the situation, movements or operations of the
ships of belligerent nations.
Some time before the issuance of this decree and during the incumbency of
Mr. Salinas, the matter was several times informally discussed between
him and myself and Mr. Castro, the Sub-Secretary, and I pointed out the
inconvenience and annoyance to neutral commerce which would be caused by
a decree applying to belligerents and neutrals alike. I also pointed out
the inconvenience which would be caused if consuls were prevented from
communicating with their diplomatic representatives and their
governments in code. Both the Minister, Mr. Salinas, and Mr. Castro
seemed to agree with the reasonableness of my observations.
The decree was signed on the 30th of December. On the 2d of January I
again called on the Foreign Office and took up the matter with both the
Minister and the Sub-Secretary. They explained that the decree had been
prepared and issued in this comprehensive form, without exception of
communications to and from neutral countries, in order to secure a more
forceable effect and attract more serious attention, but that exceptions
could and would be made later.
This decree very seriously interferes with our commercial and business
relations with Chile, and I have received strong and energetic protests
from practically all the leading American houses doing business in
Chile, and I have addressed to the Minister for Foreign Affairs, under
date of January 9, last, a note, of which I enclose copy and in which I
embodied the complaints of the American business community.
I have followed up this note with a personal interview with the Minister
to-day, and urged him as strongly as possible and with all
[Page 37]
the arguments at my command to
relieve our commerce from these restrictions. He agreed with me that
Chile’s responsibility in the matter of neutrality did not extend to
other neutral countries and that the restrictions which I complained of
should be removed, and promised to take up the matter immediately with
the Minister of the Interior, with a view to having the decree amended.
I have also spoken of the matter of the decree with a number of leading
Senators and Deputies, who have promised to urge its amendment.
I am just now in receipt of a circular from the Foreign Office,
transmitting printed copy of the decree and stating that the Minister of
the Interior is preparing a new decree excepting consular communications
from the scope of the decree. This circular, however, was prepared some
days ago, and I am hoping to secure the exception of communications to
and from neutral countries also.
I shall, at all events, continue my efforts to have these restrictions
upon our commerce removed.
I have [etc.]
[Inclosure 1—Translation.]
Decree No. 6364.
Ministry of the Interior,
Santiago,
December 30, 1914.
Considering that, in accordance with the Radiotelegraph Conference of
London, July 5, 1912, wireless-telegraph offices not authorized by
the Government can not exist in the territory of a State;
Considering that Chile signed the 5th Convention of The Hague
relative to the rights and duties of neutral powers in case of
war;
In view of Articles 3 and 9 of the said Convention, which say the
following:
Article 3. Belligerents are likewise forbidden to:
- a.
- Erect on the territory of a neutral power a wireless
telegraphy station or other apparatus for the purpose of
communicating with the belligerent forces on land or
sea.
- b.
- Use any installation of this kind established by them
before the war on the territory of a neutral power for
purely military purposes, and which has not been opened for
the service of public messages.
Article 9. Every measure of restriction or prohibition taken by a
neutral power in regard to the matters referred to in articles 7 and
8 must be impartially applied by it to both belligerents.
A neutral power must see to the same obligation being observed by
companies or private individuals owning telegraph or telephone
cables or wireless telegraphy apparatus.
It is decreed:
1. The Intendentes and Governors of the Republic will proceed to
dismantle the telegraphic, radio-telegraphic or telephonic apparatus
destined or not for the public service, whose installation has not
been fully authorized.
2. The telegraphic, cablegraphic or radio-telegraphic companies of
the Government or private will not in the future accept, until a new
order, for transmission communications which are written in code
language or cipher.
3. From this rule are excepted the communications sent by diplomatic
agents accredited in the Republic and those exchanged by the banks
between their offices, providing that they deposit the key in the
Directory General of Telegraphs.
Only communications written in clear language in German, Spanish,
French, English, Italian and Portuguese, which do not contain
notices regarding the situation, movements and operations of the
ships of the belligerent nations, will be accepted.
Take note, communicate, publish and insert in the Bulletin of the
Laws and Decrees of the Government.
-
Barros Luco.
-
Pedro N. Montenegro.
[Page 38]
[Inclosure 2.]
Ambassador Fletcher to the Minister for
Foreign Affairs.
No. 20.]
American Embassy,
Santiago,
January 9, 1915.
Excellency: Referring to the conversation
I had the honor of having with your excellency on the 2nd instant,
on the subject of the decree of the Supreme Government No. 6364,
dated December 30, 1914, relating to telegraphic messages, etc., in
which your excellency promised to study the question and relieve as
far as possible innocent neutral commerce from any annoyances or
inconveniences which might arise from the application of the new
regulations, I have the honor to inform your excellency that I am in
receipt of communications from practically all the leading American
commercial establishments in Chile, complaining of the serious
effect the decree is having upon our trade and asking me to use my
good offices with your excellency to secure an amendment of the new
regulations.
The inconveniences complained of are principally:
- (1)
- Owing to the inability on the part of steamer agents to
advise the movements of steamers by wire, grave
inconveniences will be caused to the consignees and shippers
of merchandise and the owners of the steamers, as it will be
impossible to prepare for the loading or discharge of a
steamer before her arrival, which in many cases will result
in demurrage and loss of time and money to all parties
concerned.
- (2)
- The export of nitrate will be disorganized for, as the
nitrate industry is at present conducted, it is necessary to
exchange cables continually between the loading ports and
Valparaiso as regards quantities shipped, payments of
contracts and duties to be paid to the Government. An
example of this difficulty is that on completion of a
shipment of nitrate in the loading port both buyer and
seller advise their representatives in Valparaiso that the
shipment is completed. Payment is made in Valparaiso and the
payment is then advised to the loading port when bills of
lading are delivered. In all these cablegrams it will be
necessary to mention the name of the ship, which we
understand will cause them to be censored.
- (3)
- It would be impossible to order payments by cable, which
is a commercial operation that is daily taking place, for no
commercial house will make a cable payment on a plain word
cablegram owing to the danger of fraud.
- (4)
- The secrecy necessary between business houses competing
with each other as regards prices of merchandise could not
be kept.
- (5)
- A considerable additional expense would be imposed on
commercial houses through the inability to shorten
cablegrams by putting them into code, thus hindering the
commerce of the country.
I desire also, with your excellency’s permission, to refer to the
fact that the decree as promulgated makes no exception of the
official telegraphic communications of Consuls with their respective
diplomatic representatives or their Governments, and that such a
rule will seriously impede the transaction of the business of my
Government.
From conversations I have had with your excellency’s honorable
predecessor and the Sub-Secretary, Mr. Castro, I was under the
impression that the Consuls of neutral countries at least were not
to be affected by the new regulations.
Relying upon that spirit of justice and the intelligent and active
interest in all that concerns the trade of our two countries which
characterize your excellency, I beg to ask your excellency to be
kind enough to re-study and reconsider this decree in the light of
its effect on legitimate neutral commerce and the official business
of neutral Governments, and I allow myself to hope that your
excellency may find means to harmonize Chile’s duties as a neutral
with the interests of other neutral nations, as well perhaps as her
own, in free and unrestricted legitimate commercial interchange.
Accept [etc.]
