File No. 763.72112/2305
In this relation there is enclosed herewith for your information a
copy of the letter sent by the Department to the William Amer
Company under date of March 9, 1916.
With a view to having the Consul General render such assistance as
may be possible and proper in an endeavor to bring about the release
of goods which have been seized by the British authorities, the
Department has addressed similar communications to other American
shippers who have complained respecting the seizure of goods shipped
by them to European ports.
[Enclosure]
File No. 341.115Am322/2
The Secretary of
State to the William Amer
Company
Washington,
March 9, 1916
.
Gentlemen: The Department has received
your letter of March 1, 1916, in regard to the seizure by the
British authorities of a quantity of glazed kid shipped by you
to Sweden on the S. S. Alexandria.
The Department encloses for your information, a print containing
an order in council issued by the British Government March 11,
1915, regarding the stopping of goods shipped to or from
Germany. This order, which is at present the subject of
diplomatic discussion between the Government of the United
States and the Government of Great Britain, shows the action
which the British Government declare their intention to take in
the matter of stopping goods coming within the provisions of the
order, and also the steps which they desire to have taken by
interested persons to obtain the restoration of their goods or
payment therefor.
The American Consul General has informed the Department that, if
shippers will communicate with him directly regarding shipments
which have been detained under this order in council, he will
ascertain the status of the goods, and, when possible, endeavor
to effect their release. The Consul General states that, even
though goods may be classified as contraband, the procurator
general will consider evidence indicating innocent ultimate
destination of such goods, and has advised him (the Consul
General) to obtain, wherever possible, original correspondence
with buyers or consignors. The Consul General further states
that when claims for goods are submitted through the Consulate
General there is always hope that the release of the property
will follow without formal proceedings or expense, and that if
such release is not brought about, the papers in any given case
in which prize court proceedings may be instituted may be turned
over to British solicitors. The Consul General points out that
in all cases it is futile to forward requests for release of
goods unsupported by documentary history showing the ownership
and destination of the consignment which it is sought to have
released. The procurator general has suggested that the papers
which should be presented are the originals of invoices,
contracts, insurance policies, bills of lading, all
correspondence with concerns in the country to which the goods
are shipped, and an affidavit setting forth the facts in a given
case.
As has just been stated, the order in council regarding the
stopping of goods shipped to or from Germany is at present the
subject of diplomatic discussion between the Government of the
United States and the Government of Great Britain. And neither
anything contained in this letter nor any action of the Consul
General in connection with his efforts to bring about the
release of goods which have been detained should be construed as
an admission on the part of the Government of the United States
of the legality of the action taken by the British Government
under this order.
It is suggested that you might deem it advisable to communicate
directly with the Consul General regarding the shipment referred
to in your letter.
[Page 357]
On
the other hand, if these goods have been sent to the prize
court, it may be well for you to take prompt steps to establish
your rights before the court. The Department can not undertake
to assist private persons in the conduct of proceedings before
the court.
Should you desire to consult private counsel in England regarding
this matter, the American Consul General at London will
doubtless be able to furnish you on your request with the names
of a number of reputable attorneys one of whom may be employed
in the matter. It should be stated in this connection, however,
that obviously neither the Consul General nor the Department can
be responsible for the integrity or ability of any lawyer who
may be employed as a result of the information furnished by the
Consul General.
I am [etc.]
For the Secretary of State:
Alvey A. Adee
Second Assistant Secretary
