File No. 300.115/1094 The Minister in Norway (Schmedeman) to the Secretary of State S. S. Bergensfjord, Norwegian American Line, sailed from New York for Norway October 21, seized by English warships near Shetland and taken to Orkney and held for three days by Great Britain authorities to inspect cargoes. At the request of Norwegian Government, through their diplomatic representative at London, was released. At the opening of the war vessels to and from Norway have been stopped by Great Britain warships, compelled to show their papers. Foreign Office informs me that English warships are taking vessels to England ports to inspect their cargoes. Their explanation for the change is their warships cannot stand still on the high seas on account of danger from German naval vessels. SCHMEDEMAN File No. 763.72112/304 The Ambassador in Germany (Gerard) to the Secretary of State [Telegram] AMERICAN EMBASSY, Berlin, November 4, 1914. [Received November 5, 5 p. m.] 724. Your 504, 27th.1 German code of prize procedure of April 15, 1911, published Reichs-Gesetzblatt, 1914, No. 51, provides in section 1, paragraph 2, No. 2, for prize adjudication of all vessels and cargoes destroyed, the prize court at Hamburg being competent. Prize proceedings on all vessels until now reported as sunk and their cargoes will be held shortly. GERARD CASES ARISING UNDER THE PROCLAMATION AND ORDER IN COUNCIL OF OCTOBER 29 2 File No. 300.115/1104 Muir and Company to the Secretary of State [Telegram] New York, November 4, 1914. We had two loads wheat on steamer Miramichi destined for Rotterdam sold to German buyers but not paid for. Steamer left before outbreak of war and was diverted by English action to English port. We claimed our goods and produced documents and title to prove ownership. Nevertheless, ship was sent before prize court where British authorities argued prize law applies and Government entitled seize our cargo though not paid for by buyers. We understand from your communication to our association that English Foreign Secretary definitely undertook to deliver American goods on production of proof of ownership. British action sending steamer before prize court and argument before the court clearly against British undertaking and promise. Shall thank you take urgent action in proper quarters and rely on your full protection. File No. 300.115/1115 MUIR AND COMPANY The Ambassador in Great Britain (Page) to the Secretary of State [Telegram] AMERICAN EMBASSY, London, November 5, 1914. [Received 11 p. m.] 1000. Your 433, November 1,1 my 965 [964] of November 2,2 and my 967 of November 3.3 Foreign Office to-day sent me a memorandum stating that Kroonland is now discharging at the suggestion of the White Star Line her cargo of copper and rubber at Gibraltar and as soon as this done she will be allowed to proceed. As before stated the ground for detention was that she was carrying copper ostensibly to Naples but believed to be for Germany. The copper consignment has been brought into the prize court. The San Giovanni was detained for same reason. Prize court proceedings have already commenced in respect of her cargo of copper and instructions were sent at the same time for her to be released immediately. The copper, etc., was discharged. The Regina d'Italia was also detained for reason given in preceding cases. Part of her copper is below other cargo and difficult to discharge. Part has been discharged and placed in prize court and an arrangement is now being concluded with the Italian Government under which vessel will be allowed to proceed with all consignments of copper undischarged actually addressed to Italian firms on a guarantee from that Government that it will not be reexported. All possible steps are being taken to expedite departure of these ships. File No. 300.115/1104 AMERICAN AMBASSADOR The Acting Secretary of State to the Ambassador in Great Britain (Page) [Telegram] DEPARTMENT OF STATE, Washington, November 7, 1914. 495. Muir and Company, New York City, having two loads wheat on steamer Miramichi sold to German buyers but not paid for and 'See October 31, 1914, ante, p. 333. 2 Ante, p. 335. 'Not printed. 2432-28-22 sailing before outbreak of war, claim to have produced documents and title proving their ownership of wheat. Nevertheless, ship sent to prize court and British authorities insisting that prize law applies and that goods should not be released. Render them all possible assistance in their claim. Department is not able to appreciate justice of action upon part of British authorities in insisting upon the right to condemn as prize shipments of American goods made before outbreak of war though destined to German buyers, but not paid for by purchasers. Direct Consul General to render all possible assistance to interested parties before prize court authorities. LANSING File No. 763.72112/513 The British Secretary of State for Foreign Affairs (Grey) to the British Ambassador at Washington (Spring Rice) You should take steps without the appearance of an official communiqué, to make known to the press following facts, which I am communicating to the United States Ambassador. We are informing some of the correspondents here in same sense. Information in possession of British Government conclusively proves that very large shipments of copper, rubber, and other commodities are passing through Italian ports on their way to Germany. In New York large purchases of copper are being made by houses in Rotterdam, Amsterdam, and Copenhagen who are working on German account. Directions are at the same time being given that these large consignments of copper are to be shipped through Italian ports to the order of such institutions as Banca Commerciale, a banking concern largely controlled by German capital. The American copper refiners appear to be quite capable of protecting their own interests since they usually insist on payment in cash before they allow copper to be shipped, and it is well known that certain prominent firms of bankers in New York are making these payments on German account. British Government, it is understood, are determined that they will use every legitimate endeavour to prevent copper reaching Germany where it is being made into ammunition for use against the British forces and they are therefore diverting various steamers carrying copper to Italy, to Gibraltar, where copper is discharged and steamers promptly released. Some of this copper is actually found to be packed in cases marked "For Danzig." Other parcels are shipments made upon orders through German houses in Amsterdam and Rotterdam, some of these houses being actually connected with firm of Krupp. It is understood that representatives of some of the big copper-refining firms have recently sailed from New York to Europe with the object of consultation with representatives of German firms as to the best means of forwarding copper to Germany, and private houses in Italy have also been approached by purchasers of copper in Germany with a view of their lending their names for the purpose of disguising destination of American copper shipments. To show increase in exports of copper from New York to Italy during last few weeks it is only necessary to say that since the 25th of October vessels have been diverted to Gibraltar with no less than 7,700 tons of copper on board and at the present moment there are very large shipments on the way amount ing to some thousands of tons. This represents nearly 8,000 tons in ten days. Larger part of these shipments are destined for Genoa. Now it so happens that an official return of imports of copper into Genoa between August 1 and October 19 has just been published: For these two and a half months they amount to only 1,316 tons. On comparison of these figures the fact is obvious that present trade to Italy is entirely an artificial one and that Italian imports are not for consumption in that country. In view of all this accumulative evidence there is no alternative left to the British Government but to stop contraband trade in copper with Germany through Italy. With a few possible exceptions the American citizen does not suffer, as he has been already paid, but it is understood that the British Government do not in any way wish to be unreasonable and are prepared, so far as shipments made before October 29 are concerned, on which date copper was transferred from conditional to absolute contraband list, to arrange for purchase of copper which has been detained by them. [File copy not signed] File No. 300.115/1880 The British Secretary of State for Foreign Affairs (Grey) to the British Ambassador at Rome (Rodd) [Telegram] London, November 2, 1914. [Left at the Department of State by the British Ambassador, November 7, 1914.] Copper-laden vessels at Gibraltar. Copper is being discharged from all, and vessels will be released shortly, except British S. S. Ascot. In the case of the Regina d'Italia, 21,000 bars consigned to Italian Commercial Bank, Genoa, are below other cargo and difficult to discharge. Endeavour to induce Italian Government to prevent export of this lot, if vessel is allowed to proceed. Large consignments of copper are being made to this bank by German agent in Amsterdam via New York. Some of those on the Ascot were addressed to Danzig. It is absolutely essential that no copper should get through to Germany and to prevent friction with Italian Government His Majesty's Government might be willing to negotiate purchase of all bank's consignments on the Regina d'Italia, delivery to be given in Genoa. Any copper found documented to Government account will of course be released as soon as possible. File No. 341.115St2/54 [File copy not signed] The Acting Secretary of State to the British Ambassador (Spring Rice) DEPARTMENT OF STATE, Washington, November 7, 1914. EXCELLENCY: Referring to your informal communication of the 1 22d ultimo stating that the John D. Rockefeller was detained among other reasons because an assurance was desired that the cargo would be discharged in Denmark and not exported from that country, the Department is also advised that the oil steamers Platuria and Chr. Knudsen have been detained pending the receipt of guaranties regarding the non-exportation of oil from Denmark. It does not appear to this Government that the detention of vessels carrying cargoes for neutral destinations, until assurances have been obtained that the cargoes will not be exported from a neutral country after having arrived there, is legally justifiable. It is important, therefore, briefly to state the position of the United States in regard to such interference with American commerce, in order that His Majesty's Government may not labor under the misapprehension that this Government admits the propriety of such action. Under the existing rules of international law and usage, a neutral owner of articles on a neutral vessel, bound to a neutral port, which articles under certain conditions might acquire the character of contraband, is not responsible for their future disposition by the Government of the neutral port of their destination, or by the persons to whom they are bona fide consigned in the ordinary course of trade. The treatment which such goods may receive after delivery to the consignees in a neutral country is a matter between the belligerent government investigating the shipment and the neutral government concerned, for which a bona fide shipper should not be made to suffer. In the opinion of this Government, the belligerent right of visit and search requires that the search should be made on the high seas at the time of the visit and that the conclusion of the search should rest upon the evidence found on the ship under investigation, and not upon circumstances ascertained from external sources. That evidence, in the view of this Government, should make out a prima facie case to justify the captor in taking the vessel into port. To take vessels into custody and send them into a port of the belligerent without prima facie evidence to impress the cargo with the character of absolute or conditional contraband, constitutes, in the opinion of the United States, a justifiable ground for complaint by a neutral government, and a basis for a legal claim for damages against the belligerent government which has detained the vessel for the purpose of inquiry through other channels as to the ultimate destination of the cargo, or as to the intended action of the government of the neutral country of destination. The interruption in this manner and for such purposes of the voyage of the particular vessels mentioned or of any others similarly situated is, this Government believes, contrary to the principles of international law applicable to such cases, and the Government of the United States, therefore, reserves on behalf of its citizens interested in such vessels and cargoes the right to hold His Britannic Majesty's Government responsible in damages. The United States Government feels obliged to request that the method of detention followed in these instances for the purpose of procuring guaranties or further evidence should be discontinued, and that the visit and search of vessels be made at sea with the greatest expedition possible under the circumstances. I have [etc.] ROBERT LANSING |