File No. 763.72/938

The Ambassador in Japan (Guthrie) to the Secretary of State

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.]

George W. Guthrie

[Enclosure 1]

The General Agent of the Great Northern Steamship Company (C. F. McWilliams) to the Ambassador in Japan (Guthrie)

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.]

C. F. McWilliams

[Enclosure 2]

The Ambassador in Japan (Guthrie) to the General Agent of the Great Northern Steamship Company (C. F. McWilliams)

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

  1. Not printed.