File No. 341.622a/123
The Secretary of State to the Ambassador in Great Britain (Page)
3318. Your 4284, May 11.1 I regret that I can not agree to release of part of men seized on board the S. S. China and the retention of others pending receipt of further proof, for the reason that persons which it is desired to retain were not known at time of seizure to have been incorporated in the armed forces of the enemies of Great Britain. It is also not apparent from Sir Edward’s statement that certain of the persons seized were combatants. That eight of the persons were members of crews of enemy vessels at Shanghai does not seem to me sufficient, as it is not shown that those vessels were public ships of war, and that four of the persons were German reserve officers does not in my opinion change the case. Moreover, it is not stated that the three Austrian officers were in the active military or naval service of Austria. Please say, therefore, to Sir Edward that I must insist that all of the persons be released, but that I shall be glad to have you examine and report upon whatever documentary proofs he may desire to submit in this case to alleviate the harshness of the British seizure.