File No. 763.72/938
The Ambassador in Japan (Guthrie) to the Secretary of State
American Embassy,
Tokyo,
August 27, 1914. [Received September 23.]
Sir: I have the honor to transmit herewith, as
of possible interest to the Department, copies of correspondence passing
between this Embassy and the Great Northern and Pacific Mail Steamship.
Companies, with regard to the carriage on ships of these companies, of
Austrian and German reservists and of possible contraband of war.
I have [etc.]
[Enclosure 1]
The General Agent of the Great Northern Steamship
Company (C. F.
McWilliams) to the
Ambassador in Japan (Guthrie)
Yokohama
,
August 12, 1914.
Sir: I enclose a copy of my letter of even
date addressed to the president, Nippon Yusen Kaisha, Tokyo, on the
subject of our ship, the Minnesota, carrying
Austrian reservists from Shanghai to the United States.2
As the Minnesota does not call at Shanghai,
these people would be obliged to find their own way from Shanghai to
either Nagasaki, Kobe or Yokohama in order to join the Minnesota.
I should like to learn from you how the United States Government as a
neutral power would view our action.
I am also just in receipt of a cable from Thomas Cook & Son,
asking for the entire accommodation of first, second, and third
class on the Minnesota for this particular
voyage. It is possible that some of their prospective passengers may
be Germans; if so, it presents another feature to be considered vis-à-vis the Japanese in the event of
matters becoming more complicated in the Oriental question, when we
might place ourselves in danger of being seized for violation of the
neutrality law.
[Page 560]
My idea would be to let such passengers who may be described as
“reservists” find their own way to Japan, when we might be able,
with the consent of the Japanese authorities, to take them in the
ordinary way booked from Japan to United States points only, not
selling them any tickets reading through to Europe.
Awaiting the pleasure of your reply, I have [etc.]
[Enclosure 2]
The Ambassador in Japan (Guthrie) to the General Agent
of the Great Northern Steamship Company (C. F.
McWilliams)
American Embassy,
Tokyo
,
August 14, 1914.
Sir: In reply to your communication of
August 12 re your ship Minnesota carrying Austrian reservists from Shanghai to
the United States, your attention is called to the fact that in
international law the carriage of persons in the service of a
belligerent is analogous to the carrying of contraband and the
penalty for same may be confiscation of the ship.
Hall’s International Law says: “A neutral vessel becomes liable to
the penalty appropriate to the carriage of persons in the service of
a belligerent. . . when the persons on board are such in number,
importance or distinction, and at the same time the circumstances of
their reception are such, as to create a reasonable presumption that
the owner or his agent intend to aid the belligerent in his
war.”
The essence of the offense consists in the intent to help the
belligerent, and the degree of the help is immaterial.
With the prior knowledge that you have concerning the matter under
consideration, the number of reservists in question, the fact that
the entire passenger accommodations are desired, that even certain
changes in the ship may be required, would seem to place the act in
the category of “unneutral service,” the penalty for which is
confiscation.
As to the contention that tickets would be sold only to America, that
does not change the status of the action since the United States
courts have repeatedly held that it is the destination of the cargo,
(persons) that determines and not the destination of the ship.
Your attention is called to the possibility that the United States
may refuse to allow a body of belligerent reservists to land in her
territory, and the attendant possibility that in such a case your
company might be forced to transport these reservists elsewhere.
While the Embassy cannot give you any instructions in the matter, in
view of what has been said you are, advised that you must act
entirely on your own responsibility.
I am [etc.]
George W. Guthrie