File No. 462.11Se8/41
[Enclosure—Extract]
The Collector of Customs at Newport News
(Hamilton) to the Secretary of
the Treasury (McAdoo)
Newport News, Va.,
March, 12, 1915.
Sir: Supplementing my telegrams of March
10, and my various reports to you by telephone on March 10, 11, and
this date, concerning the arrival in the waters of my district of
the German cruiser Prinz Eitel Friedrich
having on board officers, crews, and passengers of eight merchant
vessels declared by the commander of the Prinz
Eitel Friedrich to have been sunk at sea as an act of war,
I have the honor to further report as follows:
The Prinz Eitel Friedrich arrived in
Newport News Harbor and dropped anchor at 10.30 a. m. on
March 10. As soon as possible thereafter, the cruiser was
visited by the customs and I personally visited the
commander to whom I paid my respects, making inquiry of his
intentions as to the duration of his stay in port. The
commander was advised that his vessel being a warship of a
belligerent power he would be expected, under the
President’s proclamation of neutrality, to depart from the
waters of the United States within twenty-four hours, unless
a further period of time was proved to be necessary to take
on board fuel, stores, or to make repairs. The commander
informed me that by reason of the condition of his ship an
extension of the 24-hour limit was necessary; this in order
to make his ship seaworthy.
The commander of the Prinz Eitel Friedrich
then informed me he had on board the master and crew of the American
sailing ship
William P. Frye
which he sunk in the South Atlantic Ocean on the early
morning of January 28 for the reason he declared that the Frye had on board a cargo of wheat alleged by
him to be such contraband of war bound for British destination as
justified his act in destroying her. The commander of the German
cruiser then sent for the master of the
William P. Frye
, Capt. H. H. Kiehne, of Baltimore,
Maryland, who subsequently gave me details of the destruction of his
ship by the Germans.
The commander of the German cruiser requested permission to land all
of the officers, crews, and passengers of the eight ships which he
had destroyed at sea, furnishing me at the same time with a list of
all persons, Americans and aliens, who were involuntarily on board
his vessel.
The commander of the German cruiser then gave opportunity to all of
the masters of the eight vessels, which he had destroyed, to confer
with me. Pending instructions from Washington upon request of the
commander of the German cruiser to land the people he had on board,
I brought ashore the eight masters of the destroyed ships in order
that they might make preliminary arrangements; through their
consular representatives, for the subsequent landing and forwarding
to proper destination of those for whom they had been
responsible.
Upon receipt of Department letter of March 10, replying to my
telegrams and telephone communications, I transmitted to the
commander of the Prinz Eitel Friedrich, in
writing, the Department’s instructions governing his stay in the
waters of the United States. A copy of my letter is herewith
enclosed marked “Exhibit A.”
Acting under these instructions he has landed such captured
passengers, officers, and seamen as have been passed by the
immigration authorities as being eligible aliens for landing in the
United States. He has landed all the Americans from the captured
vessels; and he has also landed and forwarded his mail, the Post
Office authorities having receipted for same.
In reply to my communication I am in receipt of the enclosed letter
from the commander of the German cruiser, marked “Exhibit B,” in
which he states that it will be necessary for him to take on board
fuel and stores and to make repairs; stating that he is unable to
determine the time necessary for these repairs until advised by the
Newport News Shipbuilding and Dry Dock Company, but that he himself
estimates it will take at least three weeks. In this letter he also
states that he is sorry to have to inform me that he is not in a
position to furnish me either the original or duplicate copies of
the papers of the
William P. Frye
, but that I can inspect them on board the ship. With his
letter he enclosed a signed statement regarding the circumstances of
the destruction of the sailing ship
William P. Frye
(see Exhibit C).…
Respectfully,
[Subenclosure—Exhibit A]
The Collector of Customs at Newport News
(Hamilton) to the Commander of
the German Cruiser “
Prinz Eitel Friedrich
” (Thierichens)
Newport News Va.,
March 11, 1915.
Sir: I have the honor to advise that under
instructions received from the Secretary of the Treasury, formulated
with the advice of the State Department, your stay in United States
waters will be governed as follows:
You will be expected to leave United States jurisdiction within
twenty-four hours, in accordance with Article 12, Convention XIII,
The Hague, 1907, unless a further period of
time is proved to be necessary to take on board fuel or stores, or
to make repairs.
Article 12, of Convention XIII, reads: “In the absence of special
provision to the contrary in the legislation of a neutral power,
belligerent warships are not permitted to remain in the ports or
roadsteads, or territorial waters of the said power for more than
twenty-four hours, except in the cases covered by the present
convention.” This is in accordance with the proclamation of
neutrality issued upon the outbreak of the war.
If you so desire, you may have fuel and lubricants sufficient, with
those already on board, to take your ship to the nearest German
port.
- 2.
- You may have provisions in quantity not more than necessary to
bring your supplies to the usual peace standard for the
complement of the ship.
- 3.
- If necessary you may have repairs made, but only to the extent
that is necessary to make the vessel seaworthy, the amount of
repairs and the time necessary for their execution to be
determined by designated authorities of the United
States.
- 4.
- You may land the captured passengers, officers, and seamen
after same have been passed by the United States immigration
authorities as being eligible aliens for landing in the United
States.
- 5.
- You may land and forward your mail after arrangements have
been completed with the United States Post Office authorities
for the proper forwarding of same.
- 6.
- You will land any Americans among the officers, seamen, or
passengers from captured vessels.
- 7.
- You are requested not to use your radio equipment in port for
purposes of transmission.
In conclusion, I have the honor to request that you furnish me to-day
a signed statement of the circumstances of the destruction of the
ship
William P. Frye
, or any other American ship that has been destroyed by
the vessel in your command.
Respectfully,
