867N.01/5–4748: Telegram
The Secretary of State to the Embassy in Egypt
633. Urtel 534, May 17,1 for info Emb and use at your discretion. Dept of view that blockade may not be declared under international law in absence state of war and in absence exercise of sufficient power [Page 1024] to make blockade effective. Please deliver following note Egyptian FonOff:
“I have the honor to acknowledge the receipt of your Excellency’s note dated May 17, 1948 to which was attached a memorandum in which your Excellency requested this Embassy urgently to draw the attention of my Government to the ‘positive dangers at present existing for every ship, whether merchantmen or transport, approaching the Palestinian coast where it would be exposed to the measures that the Royal Egyptian Government finds itself immediately obliged to take, in order to insure the security of its troops in Palestine, in consideration of the realization of its ends …’
“I have been instructed by my Government to inform your Excellency that with regard to the memorandum attached to your note of May 17, 1948, the Government of the United States feels itself bound to protest the action of the Egyptian Government in attempting by its announcement to prohibit the freedom of navigation of the high seas of the Mediterranean and to extend its control to any waters beyond the jurisdiction of the Government of Egypt (and hereby gives notice that it cannot recognize as valid any action of the Egyptian Government which may be taken pursuant to the announcement.”
Similar instruction being forwarded Damascus2 in response to FonOff notice of “maritime blockade”.
Please advise when note has been delivered in order that press release may be issued if considered desirable.
Sent Cairo 633, repeated London 1859, Damascus 186, Jerusalem 448, Jidda 193, Beirut 256.