631 Hollinger Corp. pH8.5 BRITISH CENSORSHIP AND ENEMY PUBLICATIONS BY THEODORE WESLEY KOCH Chief, Order Division, Library of Congress Reprinted from the Library journal, September, 1917. 31 651 BRITISH CENSORSHIP AND ENEMY PUBLICATIONS By Theodore Wesley Koch, Chief, Order Division, Library of Congress In the early part of 191 7, while examin- ing books detained in England, an excep- tional opportunity was afforded me to study the workings of the British Censorship as it affected enemy publications. I came to feel that there were certain facts about the censorship that should be known by American librarians. I therefore sent to the Librarian of Congress a special report on the subject, prefaced with some his- torical facts which may not be known to American librarians and research workers. If Americans had gained earlier knowledge of what the British censors had to contend with and of the service these officials have rendered the Cause, they would doubtless have accepted with better grace the neces- sary interference with their mail. With Dr. Putnam's consent this report is now made public. The officials of the Censorship kindly verified the statements here made. OBJECT of the censorship Two important memoranda were issued in May. 191 5, as Parliamentary Papers — one on the Censorship, the other on the Press Bureau. Together they provide the official justification of the Censorship as it affects both the individual and the press. In the memorandum on the Censorship, this new branch of the government is described as one of several institutions de- signed with a threefold object: To prevent information of military value from reach- ing the enemy; to acquire similar informa- tion for the British government; and to check the dissemination of information use- ful to the enemy or prejudicial to the Allies. When the transmission of corre- spondence and the publication of news are consistent with the attainment of these ob- jects there is little or no interference. Every endeavor is made to safeguard the legitimate interests, private and commercial, of British subjects and neutrals. In the course of the present war it has become apparent that in the Censorship there lies ready to hand a weapon, the full value of which was perhaps not antici- pated prior to the war. It can be used to restrict commercial and financial transac- tions intended for the benefit of enemy governments or persons residing in enemy countries. The memorandum discusses the Censor- ship as it affects (1) private and com- mercial communications; and (2) the press. It states that the censorship of private and commercial communications is under the direction of a general officer who is re- sponsible to the Army Council. The Cen- sorship is organized in two sections: (1) the Cable Censorship under the control of the Chief Cable Censor, who is a senior officer of the general staff at the War Of- fice, and (2) the Postal Censorship, con- trolled by the Chief Postal Censor. In addition to some 120 cables and wireless stations in various parts of the Empire, the chief cable censor controls in the Unit- ed Kingdom messages sent over the cables of the private cable companies. Every 24 hours from 30,000 to 50,000 telegrams pass thru the hands of the censors in the United Kingdom. Exclusive of those in the of- ficial Press Bureau, about 180 censors are employed in the United Kingdom in the censorship of cables; elsewhere in the Em- pire about 400. In the United Kingdom, with few exceptions, they are retired navy and military officers. The memorandum further states that the objects of the Postal Censorship are similar to those of the Cable Censorship. All mails that have to be censored are necessarily subject to some delay, but harmless letters, whether private or commercial, are not de- tained, even when coming from an enemy country or addressed to an enemy person. No letter, however, addressed to an enemy country can be transmitted unless its en- velope is left open and is enclosed in a cover addressed to a neutral country. Let- ters in which any kind of code or secret writing is used are liable to be detained even if the message appears to be harm- less and totally unconnected with the war. In the private branch more than a ton of mail matter is censored every week, ex- elusive of parcels. Commercial corre- spondence with certain foreign countries is dealt with in the trade branch and amounts to nearly four tons every week. LORD ROBERT CECIl/s STATEMENT There is a good deal of confusion in the public mind between the press censorship, the cable censorship and the censorship of the mails. Even the latter is complicated, because different considerations apply to mails originating in or destined for, the United Kingdom; mails between European countries and the United States intended to pass through the United Kingdom; mails carried on neutral ships which voluntarily call at British ports; and letters carried on neutral ships which would not enter British jurisdiction without some form of compul- sion. The distinction is emphasized in a letter addressed by Lord Robert Cecil, Minister of Blockade, to an American firm, and given to the press. The letter follows : Foreign Office, June 23rd, 1916 Gentlemen : I am directed by Lord Robert Cecil to thank you for your letter of May 27th, in which you take issue with a statement made by him to a correspondent of the New York Times. This statement was that great care is taken to forward mails between neutral countries taken from neutral ships for ex- amination by the British censors as quickly as possible. You say that, during the last six or eight months, your correspondence with Holland has suffered great delay. Lord Robert Cecil's statement was intended as an assurance that the postal censorship had been perfecting its organization, and that, from the time at which he spoke, Americans could be confident that their letters would suffer only slight delay owing to detention by the censors. He did not intend to ex- clude the possibility that delays had occurred in earlier days, when the British authorities first began to examine mails carried on neu- tral ships. But even if such delays did ac- tually occur, it is by no means certain, and, in fact, it is in many cases unlikely, that those delays were due to the British censorship. Mails only began to be taken from neutral ships for censorship last December, and it is therefore quite clear that delays experienced by you from six to eight months ago can- not have been due to the censorship of these mails. As there has been a great deal of misunderstanding on this subject, I am to ex- plain the following points : The American mails censored in the United Kingdom must he divided into two classes, each of which is dealt with by a special or- ganization : (1) Terminal mails, i. e., mails originating in, or destined for, the United Kingdom. The censorship of these mails is one of the universally recognized rights of sov- ereignty, and it has been exercised since the beginning of the war, without any protest being made against it by neutral Governments. (2) Mails neither originating in, nor des- tined for, the United Kingdom. These must be further subdivided into three groups : (a) Transit mails, i. e., mails between European countries and the United States intended by the office of despatch to pass through the United Kingdom — for example, mails sent from Rotter- dam to this country for re-transmission from Liverpool to the United States. Such mails are forwarded by the Brit- ish Post-Office, and enjoy the facilities afforded by it to British mails, and tke right of censorship over them while in transit through British territory in time of war is generally admitted. This right, however, was not exerted at the beginning of this war, and censorship of these transit mails only came into force in April, 1915. (b) Mails carried by neutral ships which normally call at a British port or enter British jurisdiction without any form of compulsion. (c) Mails carried by neutral ships which would not enter British jurisdiction without some form of compulsion. The first ship from the United States to Holland from which the mails were removed was the Noorderdijk. These mails were landed at Ramsgate on the 18th December, 1915, ar- rangements not having then been completed to remove them at Falmouth. The first ship from Holland to the United States from which the mails were removed was the Noordam, which entered the Downs on the 5th Decem- ber. It is to classes (b) and (c) exclusively that the present discussions between this Gov- ernment and other neutral Governments refer, while class (c) alone is covered by the Hague Convention. Most of the annoyance caused in the United States by the action of His Majesty's Gov- ernment seems to arise from a confusion be- tween the above kinds of censorship. It is to the last two kinds only that Lord Robert Cecil's interview referred, and the British authorities are making every effort to perfect their organization so that the necessity of ex- amining this class of mail may not involve long delays. But during the time that the censorship of these particular mails has been in force, many other factors have occurred causing delay, quite independently of the ac- tion of the British Government. Sailings from Holland have been very irregular, owing to the mine fields sown by the Germans outside Rotterdam, and have, at times, been held up altogether, as, for instance, after the sink- ing of the Tubantia. As you are aware, the Dutch mail boats now proceed round the north of Scotland and go south, calling both at Kirkwall and at Falmouth before crossing the Atlantic, and this in itself cause's con- siderable delay. So far as the censorship is concerned, the delay in the case of mails from Holland to the United States will not be greater than between four and five days from the date when the mails are unloaded at Kirkwall to the date when they are handed by the cen- sors to the Post-Office to be sent on. The delay caused to mails from the United States to Holland will not be longer than six days in all. The Post-Office will always forward the mail by the next boat to its destination, and whether delay occurs in this operation will solely depend upon the regularity of sail- ings. It will be seen that letters contained in the outward mails will sometimes, and those in the inward mails generally, reach their destination as early as, or earlier than, if left on board the Dutch ship. When the urgent need of examining first- class mails, in order to intercept those postal packets which are admittedly liable to be treated as contraband, was first realized, it would have been possible at once to have brought the organization of the censorship to the level of efficiency it has since reached by collect- ing hurriedly a large enough number of ex- aminers; but it was thought that infinitely more harm would be done to neutral cor- respondence by allowing their letters to be handled by persons engaged hastily, whose character and reliability had not been thoroughly tested, than by subjecting the let- ters at first to some slight delay. The neces- sary staff has now been carefully selected, and this delay eliminated. In conclusion, Lord Robert Cecil would be much obliged if you would furnish him with more exact particulars of the letters which you complain of being delayed, giving, where possible, the date of the letter, the mail boat by which it was despatched, and, if registered, the registration number of the packet, in order that enquiry may be made into each case. As there is so much misunderstanding on these points, and in the hope that the above explanation may do something to make the position clear, Lord Robert Cecil proposes to publish the text of this letter for general information. DISCUSSION IN PARLIAMENT Lord Grey of Fallodon stated in the House of Lords, January 6, 1916, that goods otherwise liable to seizure on board neutral vessels do not, under international law, acquire immunity by the mere fact of being sent thru the post. The Allied gov- ernments are accordingly applying the same treatment to all such goods, however con- veyed. The Allied governments do not at present interfere with postal correspond- ence found on neutral vessels on the high seas, but they exercise their undoubted rights to examine and censor such corre- spondence when ships carrying them enter their territory. In the House of Commons, January 27, 1916, Mr. King asked the Secretary of State for Foreign Affairs whether he could make a statement concerning correspondence with the Dutch government about the in- tercepting of postal matter in transit on the sea; and whether any offer to submit the question to arbitration had been made. In answer to Mr. King's question, Lord Robert Cecil stated that the correspondence with the Scandinavian government would shortly be laid before Parliament. On February 21, 1916, Lord Robert Cecil stat- ed that the publication of the correspond- ence with the Dutch government on the question of the interception of postal mat- ter and other correspondence on the same subject was under consideration; but as the moment for publishing correspondence which was still in progress depended partly on arrangements with the other govern- ments concerned, he could say nothing definite regarding the suggestion that the question should be submitted to arbitration. Consultations with the Allies were pro- ceeding on the whole subject and he pre- ferred to make no statement at that time. On July 19, 1916, it was stated in Parlia- ment that matter published in certain papers like thK6 020 913 402