The Secretary of State to the British Ambassador (Spring Rice)
My Dear Mr. Ambassador: Replying to your note of February 17, which was received at the Department on the 19th, and which requested an assurance that the Appam would not be allowed to leave American waters pending a decision as to her status, and that reasonable notice should be given of the date on which such a decision would be notified or from which it will become operative, I regret to inform you that the circumstances of the case do not allow me to comply with your requests, for if the Appam falls within the provisions of the treaty of 1799 with Prussia, as revised by the treaty of 1828, she has the privilege of leaving American waters at will; while, on the other hand, if the vessel does not fall within these treaty provisions, she is undoubtedly a prize of war and subject to notice to leave American [Page 728] jurisdiction within a reasonable period, if she has not already voluntarily left. Moreover, as notification to your Government in regard to the decision which this Government arrives at in regard to the Appam would be information of value to your Government in their naval operations, this Government would, in the interest of neutrality, be unable to convey information of this character to your Government.
I am [etc.]