File No. 341.115P51/62
The Ambassador in Great Britain (
Page
) to the Secretary of State
No. 2299]
London
,
October 8, 1915.
[Received October 26.]
Sir: I have the honor to enclose herewith
for the information of the Department a copy of a communication1 addressed to the
Embassy by Mr. Arthur Garfield Hays, the
representative of Messrs. Phelps Brothers of New York, on September
7, in reference to the proceedings involved in the case of the S. S.
Joseph W. Fordney
, together with a copy of a note dated October 6 which
has been received from the Foreign Office in regard thereto.
I have [etc.]
[Enclosure]
The British Secretary of State for Foreign
Affairs (
Grey
) to
the American Ambassador (
Page
)
No. 139116/15]
London
,
October 6, 1915.
Your Excellency: I did not fail to
refer to His Majesty’s Procurator General the note and enclosure
which you were good enough to address to me on the 17th ultimo
in regard to the proceedings involved in the case of the
S. Joseph W. Fordney
, and I now have the honour to inform your excellency
that the Procurator General, having carefully investigated the
circumstances in [Page 602] which
the cargo of this vessel was shipped, and having given full
weight to the evidence available, came to the conclusion that
the proper course was to apply for an order for the condemnation
of the cargo.
With regard to the misunderstanding which appears to have arisen
between Mr. Hays and the Procurator General
in connection with this case, I have the honour to say that it
was originally proposed to deal with the cargo under the order
in council of March 11, because the evidence only showed that
the goods were intended for Germany, but as His Majesty’s
Government now have reason to believe that they were for the
enemy Government or its armed forces, proceedings for
condemnation are being taken on that ground.
Your excellency will remember that, as long ago as December last,
when it was originally arranged that your excellency should be
informed of cases of the detention of ships carrying cargoes
shipped from the United States with an indication of the grounds
of detention, it was expressly emphasized at the time that this
undertaking would not be understood as debarring His Majesty’s
Government from raising additional grounds for proceeding
against a cargo or ship in the prize court if they subsequently
came to light, and your excellency was good enough to accept
this view.
I have [etc.]
[File copy not signed]
