The Secretary of State to
the Consul General at London (Skinner)
No. 862
Washington,
March 28, 1916
.
Sir: Referring to your telegram dated March
18, 1916, and the Department’s telegraphic reply thereto of March
27,1 there are
transmitted herewith, for your information, copies of three form letters
that are now being used by the Department in reply to complaints [Page 597] received relative to the
removal of the mails from neutral steamers,1 the seizure of parcel-post
packages, and the detention of consignments of goods by the British
Government.2
There is also transmitted, herewith, for your information, a copy of the
Department’s instruction No. 3353, of March 9 to the Embassy, relative
to the detention by the British authorities of shipping documents.3
As stated in the Department’s telegram, above referred to, it is desired
that you keep in close touch with the Embassy regarding these
matters.
I am [etc.]
For the Secretary of State:
Wilbur J. Carr
[Enclosure]
Form letter to consignees of parcel-post packages
seized by British authorities4
The Department informs you of the receipt of a despatch from the
American Consul General at London, in which he reports the seizure
by the British authorities of certain parcel-post shipments, which
were en route from . . . to the United States
on the steamship. . .5
In this connection you are informed that the Ambassador in London has
been instructed to inform the British Government that the Department
is inclined to regard articles shipped by parcel post as subject, in
respect to search, seizure, and condemnation by belligerent
governments, to the same treatment as those forwarded by express or
freight; that in the Department’s opinion such articles are entitled
to the usual exemptions of neutral trade, and that the protests of
the Government of the United States with regard to what constitutes
the unlawful bringing in of ships for search in port, the illegality
of the so-called British blockade, and the improper assumption of
jurisdiction of vessels and cargoes, apply to commerce transmitted
through the parcel-post service.
The Department encloses herewith, 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.6 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 have declared their intention to
take in the matter of stopping goods coming within the provisions of
the order and also which they desire to have taken by interested
persons to obtain the restoration of their goods or payment
therefor.
[Page 598]
If you will communicate directly with the American Consul General at
London 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. It is suggested that you
might send to the Consul General, for transmission to the Procurator
General, a documentary history bearing on the origin and ownership
of the goods shipped to you which have been seized, such as
correspondence with the consignor, receipted bills, and bills of
lading. The Consul General has reported to the Department that the
Procurator General has stated that in all cases there should be
included the contract for the purchase of the goods, as well as the
invoice covering the shipment, which should show the country of
origin. In this way it may be possible to obtain the release,
without prize court proceedings or expense, of goods which have not
been shipped from a country at war with Great Britain. If such
release is not brought about, the papers in any given case may be
turned over to British solicitors, if you so desire.
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.
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 several
reputable lawyers, 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 held
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
