763.72111/1938

The Secretary of State to President Wilson

My Dear Mr. President: I enclose a memorandum from Mr. Lansing in the case of the S. S. Pisa. I think he has made as strong a case as the facts permit.

With assurances [etc.]

W. J. Bryan
[Enclosure]

Memorandum by the Counselor for the Department of State (Lansing) of an Interview With the Counselor of the German Embassy (Hatzfeldt), April 1, 1915

Prince Hatzfeldt called to ask about the clearance of the S. S. Pisa from New York.

I told him that after a thorough investigation of the case and sympathetic consideration from the German standpoint the Government had reached the decision that the vessel should not be cleared.

He asked me the reasons for this decision.

I replied that it was primarily because the Pisa was intended to carry fuel and supplies to German warships for the purpose of carrying [Page 215] on hostile operations and not for the purpose of returning to their home port, that this was admitted. I pointed out that the principle, on which the privilege of obtaining fuel and supplies from neutral ports was based, was that the warship intended to return home, and that no such pretense was made in this case. I further said that the furnishing of supplies to warships proceeding on a warlike expedition or intending to continue hostilities on the high seas was contrary to that principle, and made the neutral port furnishing supplies a base of naval operations, which was contrary to Article 5 of Hague Convention XIII (1907).57 I cited the cases of the refusal of coal by Great Britain to the French fleet in the North Sea in 1870 and of a similar refusal to the Russian fleet proceeding from the Baltic to the Far East during the Russian-Japanese war.

I also said that it was admitted the port of destination was fictitious and tainted the application for clearance with fraud.

Prince Hatzfeldt asked me if this decision was final. I replied that it was.

Robert Lansing
  1. Malloy, Treaties, 1776–1909, vol. II, p. 2352.