File No. 341.115St2/54

The Acting Secretary of State to the British Ambassador ( Spring Rice )

Excellency: Referring to your informal communication of the 22d ultimo1 stating that the John D. Rockefeller was detained among [Page 340] 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
  1. Ante, p. 324.