File No. 351.622a/70
The Secretary of State to the Chargé in Germany (Grew)
Sir: The Department has received your No. 4324, of. October 13, 1916, with which, having reference to previous correspondence concerning [Page 662] the desire of the German Government that steps be taken to induce the French Government to release the German sergeant major (Feldwebel), whom the captain of the American steamer Missourian surrendered to the French authorities, you enclose a translation of a note verbale from the German Foreign Office in response to the Embassy’s note verbale of May 5.
It appears from the German note verbale that the Imperial Government shares the opinion of this Government that, generally speaking, it must be left to the captain whether he will keep a stowaway on board or not; that the present case, however, does not, in the opinion of the German Government, concern this privilege, but only the fact that the captain handed over an escaped prisoner of war into captivity; and that this action contravenes international law, it being contended that the American ship was neutral territory, from which escaped prisoners of war may not be surrendered, under Article 13 of the fifth Hague convention, of October 18, 1907, regarding the rights and duties of neutral powers and persons in case of war on land.
In reply you will advise the Foreign Office that the Government of the United States regrets that it does not see its way clear to share the views expressed by the Imperial Government. Even assuming that Article 13 of the Hague convention No. 5, of 1907, is applicable, it is not clear that a government must guarantee the liberty to which Article 13 may entitle an escaped prisoner, regardless of whether he is deprived of that liberty by individuals or by state authorities. The captain of the Missourian acted entirely on his own responsibility and in accordance with the laws and customs of his country. Clearly such liberty as is granted by Article 13 is subject to the domestic laws and regulations of the country of refuge. Moreover, by virtue of the immigration laws of the United States stowaways are not admitted as a rule into the United States, but on the contrary are deported promptly to the country from which they came. Furthermore, the vessel bringing stowaway emigrants to the United States is regarded as having assisted their transportation in contravention of the inhibitions of the immigration laws.
I am [etc.]