File No. 862.85/16
The Chargé in Portugal (
Bailey
) to the Secretary of State
No. 141
Lisbon
,
February 24, 1916
.
[Received March 28.]
Sir: I have the honor to refer to this
Legation’s despatch No. 138, dated the 14th instant,1 and to further inform the
Department that yesterday afternoon and last night the naval authorities
of the Portuguese Government went aboard the thirty-five German merchant
ships which were interned in the port of Lisbon at the commencement of
the present European war, hauled down their respective flags, hoisted
instead the Portuguese flag, and took forcible possession of the ships
in the name of the Portuguese Government.
I enclose herewith copy and translation of a decree by the Portuguese
Government, published in a supplement to the Diario do
Governo dated yesterday, setting forth the reasons for this
action and the regulations governing the mode of procedure, including
provisions for the disposition of articles of merchandise found on the
ships and the eventual return of the vessels to their original
owners.
This decree was published in a supplement to the Diario
do Governo, dated the 23d instant, but was enclosed in to-day’s
publication of that organ. This course was adopted with the ostensible
[Page 22] purpose of avoiding
excitement or disorder by taking possession of the vessels before the
public was aware of the procedure. Even the German Minister accredited
to Portugal did not know in advance of the proposed action.
I question the good faith of the Portuguese Government in its declared
object in taking these ships, or in its declaration as to their final
disposition, or proposed monetary payment to their respective owners for
their damage or use.
In case the Portuguese Government becomes fully convinced that the
Entente powers will be the victors in the present European war, it is my
opinion that on some pretext a declaration of war by the Portuguese
Government will be made against Germany with a view of finding an
excuse, if possible, for retaining these ships without payment.
While it is difficult to cite concrete, positive evidence in the matter,
there is every plausible reason for believing that the Portuguese
Government took possession of these German merchant ships with the full
knowledge and approval of the British Government, and that whatever
course may be followed as to their final disposition will also have the
approval of the British Government.
I have [etc.]
[Enclosure—Extract—Translation]
Decree published in Supplement to “Diario do
Governo,” February 23, 1916
Whereas, considering the interest of
national economy with regard to the maritime means of
transportation, which are becoming more and more difficult and
expensive, one of the causes of this difficulty being the want of
ships for this purpose; and
Whereas, such a matter bears directly on
the present problem of subsistence, which is for the public
salvation, and for this reason demands urgent and adequate measures
for the pressing needs of the country; and, in accordance with the
regulations on clause 10 of law No. 480, dated February 7, 1916:
I hereby decree in harmony with this law and by proposal of the
Government the following:
Article 1. The requisition of means of
maritime transport, authorized by law No. 480, of February 7, 1916,
will be made by order of the Minister of Marine, or by his
representatives, by the maritime authorities, at the place where the
ship is to be found. . . .
Article 3. The requisition made, steps
shall be taken at once for the taking of an inventory of the cargo
and any other articles which may be considered as belonging to the
ship. . . .
§ 3. The cargo and other articles which are referred to in this
article should be disembarked and taken, at the expense and the
risk of the owners, to the offices of the customhouse in Lisbon
or the port of this city, and, at other ports of the mainland or
colonies, to the place which shall be decided upon by the
competent customs authorities. . . . .
Article 5. A committee is hereby formed by
the Ministry of Marine which has for its end the following:
- (1)
- The valuation of the ship and all that belongs to
it.
- (2)
- Deciding on the amount to be paid in retribution for the
use of the ship.
- (3)
- Deciding on the indemnity due for accidents or any injury
which may not be caused by the use for which the ship was
originally intended.
- (4)
- Deciding on the indemnity for any modification made in the
vessel which diminishes its value.
- (5)
- Deciding upon all questions relating to the food and
salaries of the crews now employed and while they remain on
Portuguese territory, if not sent back home.
[Page 23]
- § 1. The retribution mentioned in clause 2 shall be paid
every half year, and shall at once be deposited in the
general fund, the same being done to the amounts
corresponding to the indemnities mentioned in clauses 3 and
4.
- § 2. The amounts deposited in the terms of the above
paragraph may be reclaimed by those who have the right,
after the redelivery of the vessel.
