File No. 763.72112/2305
The Ambassador in Great Britain ( Page ) to the Secretary of State
[Received March 6.]
Sir: I have the honor to report to the Department the following facts which have presented themselves with reference to goods belonging to American citizens which have been detained by the British Government authorities and placed in the prize court.
The Foreign Office has undertaken to inform the Embassy of the seizure of any vessel carrying American goods and also of the items of these goods which have been detained and placed in the prize court. Upon the receipt of such information as to the vessel or a list of the goods detained and held for prize proceedings, the Embassy is in the practice of immediately cabling it to the Department.
The Department of State, it is understood, informs the American shipper that the Embassy has cabled that the goods have been placed [Page 354] in the prize court. In a great many instances the shipper telegraphs or writes direct to the Embassy requesting it to arrange for the release of their goods.
The Embassy understands that, inasmuch as prize court proceedings are to take place, no diplomatic representations will be received by the British Government in connection with these goods, unless such representations are pursuant to special instructions of the Government at Washington.
In almost all cases where such representations are made to the Foreign Office under instructions from the Department, the Foreign Office replies that the procurator general finds that it is impossible to comply with the request for release, and that the claimants must communicate with the procurator general’s office, where, if satisfactory proof is produced, the goods will be released; or, if the proofs appear to be unsatisfactory, the goods will be held until the sitting of the prize court, which will then pass its judgment on the goods.
As the procurator general’s office will receive no official communication from the Embassy in matters of this kind, the shipper must either transmit his evidence direct, or employ his agent or solicitor in London. The larger American shippers usually have an office or an agent in London who understands prize court proceedings, and is capable of appearing at the procurator general’s office in support of the claim for the release of the goods. The smaller shippers who have no office in London are in this way placed at a disadvantage.
In view of the fact that the Consul General is in the practice of communicating directly with the procurator general’s office in regard to all claims of American citizens, I respectfully suggest that the Department advise the shipper to send the necessary papers to him direct, unless the Department wishes further diplomatic representations to be made.
In all cases where the shipper writes direct to the Embassy, and it is found that communication with the Foreign Office would be of no avail, I shall advise the shipper to address himself direct to the Consul General, and shall send him a list of the documents which he should transmit with his letter.
I also feel that the American exporter should be informed as to the exact status of prize courts in international relations, and of the position of goods actually in the prize court, and that the British Government will receive no diplomatic representations in these cases except under instructions from the Government in view of special circumstances involved.
The procurator general’s office has advised me informally that the documents which should be submitted to it in support of claims for the release of goods are as follows:
The originals of—
- (1)
- Bills of lading;
- (2)
- Invoices;
- (3)
- All previous correspondence with firms in the country to which the goods are shipped;
- (4)
- Contracts;
- (5)
- Insurance policies;
- (6)
- An affidavit setting forth all the facts of the case.
I feel sure that this procedure will be the quickest and easiest way of disposing to the satisfaction of the shipper such cases as the British Government will not release from the prize court on diplomatic representations, or where goods are in the prize court and no diplomatic representations are in order.
I have [etc.]