File No. 763.72111E1 1/43
The German Ambassador (Bernstorff) to the Secretary of State
[Received November 29.]
My Dear Mr, Secretary: From your note of November 1, 1915, I have learned the following concerning the six gasoline motor-boats, which have been shipped from the harbor of Boston on steamship Bohemian—
that the Government’s investigation failed to show that these boats were prepared for armament or armed at the time of shipment, or, intended to be armed within American jurisdiction, for the purpose of carrying on hostile operations In behalf of one of the belligerents in the present war, or, further, that with a [Page 815] view to carrying out such a purpose they were to be armed on the high seas from other vessels sailing from American jurisdiction.
In your note of August 27, No. 1564,1 concerning the construction of rapid boats by the Greenport Basin and Construction Company, you say in answer to the expression of my suspicion that these boats are evidently manufactured for belligerent:
I have the honor to say in reply that the matter has been investigated and it is reported that the use to which these boats are to be put is not known. In the absence of proof of intent of hostile purpose for which the craft are to be employed, their manufacture is not regarded as in contravention of the neutrality laws of the United States.
Whilst, therefore, your excellency in the latter note conceded that there would be a breach of neutrality by the United States involved in permitting the furnishing of such rapid boats in case a hostile purpose is intended, your excellency in the note of November 1 seems to take the position that the delivery of a vessel intended for the maritime war, from a neutral government would constitute a breach of neutrality only in case the said vessel should also be armed, or have been armed, within reach of American jurisdiction, or on the high seas should be armed by a vessel, which had started from under American jurisdiction.
If I have not misunderstood your excellency in this interpretation, I am compelled, in the interest of the German conduct of maritime war, and in view of the regulations of neutrality in the Second Hague [Conference] Convention XIII, Article 8, respectfully, but most emphatically, to take issue with you upon this proposition.
The substance of that article is embodied in Section 5283 of the Revised Statutes, which reads as follows:
Every person who, within the limits of the United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out or [and] armed, or knowingly is concerned in the furnishing, fitting out or arming, of any vessel, with intent that such vessel shall be employed in the service of any foreign prince or state, or of any colony, district or people, to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or, people with whom the United States are at peace, or who issues or delivers a commission within the territory or jurisdiction of the United States, for any vessel, to the intent that she may be so employed, shall be deemed guilty of a high misdemeanor, and shall be fined not more than [ten] thousand dollars, and imprisoned not more than three years. And every such vessel, her tackle, apparel, and furniture, together with all, materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use for [of] the informer, and the other half to the United States.
The indirect interpretation pronounced by your excellency under date of August 27, and shared by me, that the said Article 8 and the said Section 5283 of the Revised Statutes forbid the building of men-of-war in a neutral country for the belligerent, is even shared by England herself. In the note of the British Embassy to your excellency dated August 4 the second paragraph reads:2
As you are aware it is that a neutral government is bound to use due diligence to prohibit its subjects or citizens from the building fitting [Page 816] out to order of belligerents, vessels intended for warlike purposes and also to prevent the departure of any vessel from its jurisdiction, etc.
From the note of the State Department of February 17 to me it is clear that your excellency sees an offense against the rules of international law and the Revised Statutes of the United States above referred to, even if only component parts of men-of-war are in question. It is said there:
My Dear Mr. Ambassador: In fulfilment of the assurance given in my note of the 3d instant, the representations made in your note of January 27 that the Bethlehem Steel Works is sending secretly to Canada the component parts of submarines, had prompt attention.
From the inquiry which I instituted in the matter I have ascertained that no component parts of submarines are being built by the Bethlehem Steel Works and being sent to Canada, either to be assembled there or for assembling in Great Britain. Mr. Charles M. Schwab, the president of the Bethlehem Steel Corporation, has renewed to me the assurance that that corporation will not build submarines in the United States for any belligerent country for delivery during the war and that, while ten submarines are being built by the Fore River Shipbuilding Company, they are being built not for delivery to any belligerent nation, but because before the steel corporation had received the President’s request to abandon their contract they had invested a very large amount of money in materials which could only be used for component parts of submarines and rather than sacrifice this investment it was arranged that ten submarines should be completed, with the understanding that they were not for delivery to a belligerent nation during the war.
Accept [etc.]
W. Bryan
II. There can not well be a doubt, now or ever, as far as I can see, that the rapid boats built during the last months in the United States for the enemies of Germany, are meant for action in the existing European war. To prove this I have the honor in connection with my explanation, as given on July 17, August 18, and September 16,1 with accompanying pictures to invite your attention to the following:
(1) The Electric Boat Company in a financial statement issued by it to its shareholders has reported that it had received an order of 500 launches from the British Government, to be built by the Electric Launch Company, a branch of the Electric Boat Company. Each of these launches costs approximately $40,000.
These 500 launches are said to be now ready for delivery. A number of them have been shipped to Canada in parts and there have been assembled; 10 boats were built and completed on the Elco Company’s wharf in Bayonne, N. J., went under their own power to Montreal, Canada, and from there were taken to England. The boats had reinforcements fore and aft expressly designed [and] strengthened to mount guns and to be used in the present European war.
(2) The Greenport Basin and Construction Company has delivered at least 18 motor-boats for the Russian Government, 6 of which were freighted on Russian bottoms, and 12 on bottoms of the Caribbean and Southern Line.
(3) The firm of Lawley and Son Corporation, Neponset, Mass., has built a number of rapid motor-boats, about 40 feet long, for the British Government. Their motors have been built by the Sterling [Page 817] Engine Company in Buffalo, N. Y. These boats are so constructed as to carry a gun forward with base placed in a well and not on deck.
III. Mr. Henry A. Carse, President of the Electric Boat Company, on November 15, according to enclosed issue of New York Herald of November 16,1 has said in an interview that his firm has built launches for the British Government delivered by way of Canada.
IV. A certain Mr. F. Curtis Morgan (cf. clipping from New York Herald, November 15) has declared that Greenport Basin and Construction Company has orders for seagoing launches for the Russian Government, and that Elco Company of Bayonne, also George Lawley and Son, are building such launches for the British Government. F. Curtis Morgan says further:
It is true, as is verified by affidavits and as an official inspection will disclose, that the boats made by the above-mentioned companies all carry emplacements for guns, and are used for no other purpose except for the purpose of war.
I have been informed that those affidavits establish:
- (a)
- That the boats delivered by Gaston, Williams and Wigmore to Russia through the Greenport Basin Company were built to carry guns.
- (b)
- That the rapid boats delivered to England, complete or in parts, were so built and provided that they could carry guns fore and aft.
- (c)
- That the boats delivered by George Lawley and Son for the British Government were so built that they could carry guns.
V. The Russian naval attaché, Commander I. V. Mishtowt, has caused payment of $144,000 in August 1915 or thereabout to the Greenport Basin Company for boats.
VI. As is to be seen from the annexed clipping1 the American semimonthly publication Motor Boat contains an advertisement by the Paragon Gear Works in which occurs the sentence:
The Mosquito Fleet of submarine chasers. The two slim, white, high powered motor-boats illustrated above are a part of the Mosquito Fleet which is being put into commission by one of the contending factions of the European war. They are intended to overtake submarines and put them out of commission, being equipped with rapid-firing guns.
The boats are 50 feet long by 10 feet beam and are equipped with three 8-cylinder Van Blerck motors, developing 175 horsepower at 1,450 revolutions per minute each The boats can make over 30 miles an hour and are equipped with twin rudders, which enable them to turn in little more than their own length. Going at terrific speed and running zigzag they offer the most difficult target to a submarine.
The pilot house has a covered iron ceiling, and is large enough for Cone man to move in comfortably. A sliding hatch forward of the sleeping quarters accommodates six men, another at the stern accommodates two. In appearance they very much resemble speed boats except that they are completely decked over, so no water can penetrate the hull.
Your excellency will readily appreciate that in the light of this evidence of the actual construction of vessels intended for use in this war by our enemies I see a breach of neutrality by the United States to the detriment of Germany and I am accordingly herewith formally protesting against all contracts already completed, now in course of [Page 818] execution, and of future contracts that involve the furnishing, fitting out, or arming of any vessel by persons within the, limits of the United States, with intent that such vessels shall be, employed in cruising for the purpose of committing hostilities against Germany or her allies.
I respectfully ask your excellency to have this entire subject investigated with a view of punishing these violations of your neutrality laws, and in order to prevent further breaches of neutrality. This request also includes the 10 submarines, which, as your excellency may know, have been transported by the roundabout way of Canada and been delivered to England. With the furnishing of these boats the Bethlehem. Steel Works and the Electric Boat Company and other American firms were connected. An inspection of the various contracts will doubtless demonstrate that they were made with the agents of countries at war with Germany and I believe it will be made apparent from the various terms of these contracts, and especially the bonuses for early delivery, that they were purchased for use in the present war.
I beg to offer you in this connection every assistance available to me in making this investigation and in preparing the proofs necessary for the enforcement of your laws against these breaches of neutrality.
I am [etc.]