File No. 711. 6221/153
Ambassador Gerard
to the Secretary of State
No. 3754
American Embassy,
Berlin,
August 7, 1916.
Sir: With reference to the Department’s
circular instruction of March 9, 1916,3
quoting, at the request of the Acting Secretary of Commerce, for the
information of this Embassy and for communication to the German
Government, a circular letter addressed by the commissioner of
navigation, to collectors of customs, shipping commissioners and
others concerned, and forwarding a print of the Act of
[Page 13]
Congress approved March 4,
1915, known as the “Seamen’s Act,” I have the honor to transmit
herewith to the Department copies and translations of a note
received from the Imperial Foreign Office, dated August 3, 1916,
stating that, though the advice which is provided for in Section 16
of the above-mentioned act to the effect that the Government of the
United States intends to annul the articles of the valid treaties
conflicting with the contents of this act, after expiration of the
terms of notice, has as yet not been received by the Imperial,
Government, the Foreign Office does not fail to advise the Embassy,
for communication to its Government, that the Seamen’s Act contains
regulations which are not consistent with agreements in the treaties
concluded by the Empire and the United States.
I have [etc.]
[Inclosure—Note
verbale—Translation]
[Untitled]
The Foreign Office has the honor to acknowledge receipt of the
American Embassy’s note verbale dated April 14, 1916—F. O. No.
9328—and of the print of the official edition of the act known
as the “Seamen’s Act” of the United States, under date of March
4, 1915, transmitted for the information of the Foreign
Office.
Though the advice which is provided for in Section 16 of the
above-mentioned act to the effect that the Government of the
United States intends to annul the articles of the valid
treaties conflicting with the contents of this act, after
expiration of the terms of notice, has as yet not been received
by the Imperial Government, the Foreign Office does not fail to
advise the Embassy for communication to its Government that the
Seamen’s Act contains regulations which are not consistent with
agreements in the treaties concluded by the Empire and the
United States. Other provisions of this act are not consistent
with the principle of international law, that the regulation of
the terms of contract (existing) between the crew and the master
only concerns the state of registry. As the legal affairs of the
German seamen on German ships are regulated by the German
Seaman’s Act, the Imperial Government can not acknowledge an
encroachment of American jurisdiction upon this sphere.
Foreign Office,
Berlin, August 3, 1916.
