File No. 763.72111Ap4/174

The British Ambassador (Spring Rice) to the Secretary of State

My Dear Mr. Secretary: Referring to my letter of yesterday [August 3], I beg to state that I have just received a further telegram from my Government on the subject of the Appam.

In Lord Grey’s opinion the question whether the ship is to be handed over to the owners pending appeal is of course one for the court to decide and His Majesty’s Government has no right or desire to intervene.

But Lord Grey instructs me to point out that if the ship is not handed over His Majesty’s Government have good reason to protest if the prize crew, who in the view of my Government ought to be interned, are allowed to remain on board, especially after the decision of the court already given. If the vessel is not handed over to the owners, my Government consider that she should be placed in the effective custody of the United States authorities, and Lord Grey cannot but regard the presence of the prize crew on board the vessel as incompatible with such effective custody.

On these grounds I have the honour to state, in obedience to my instructions, that if the prize crew remains on board, and if in consequence the ship were to be ultimately damaged or sunk, my Government would feel itself justified in holding the Government of the United States responsible.

I am [etc.]

Cecil Spring Rice