File No. 656.119/299

The Commercial Adviser of the British Embassy ( Crawford) to the Counselor for the Department of State ( Polk)

Dear Mr. Polk: With reference to our conversation of yesterday, I now enclose text of the communication which is to be addressed to the Netherlands Government in connection with the requisitioning of Dutch tonnage. I have sent a copy to Mr. McCormick.

Yours sincerely,

Richard Crawford
[Enclosure]

Communication to be made by the British Minister in the Netherlands ( Townley) to the Netherland Minister of Foreign Affairs ( Loudon)1

1.
After full consideration, the Associated Governments have decided to requisition services of Dutch ships in their ports in exercise of right of angary. They would have preferred to obtain use of [Page 1421] ships by way of agreement with the Netherlands Government and, as Your Excellency knows, an arrangement for this purpose was made between representatives of the Netherlands Government and of the Associated Governments as long ago as beginning of last January.
2.
Unfortunately the Netherlands Government for more than two months did not see their way to ratify that arrangement. They moreover had found it impossible to carry out in all its terms modus vivendi which had been arrived at pending a ratification of agreement, explaining that the German Government would not allow them to do so. It seemed therefore clear to the Associated Governments that proposals originally made were not adequate to present situation. Delay had altered circumstances. Condition that Dutch shipping was not to be used in danger zone was no longer acceptable in itself and might at any time have been made still less so by an extension of zone by our enemies. Further, fate of modus vivendi had shewn that in very difficult position in which Netherlands Government were placed execution of agreement would probably have been attended with difficulties and delays still more prejudicial to interest of Associated Governments.
3.
The Associated Governments therefore proposed that limitation on use of Dutch shipping contemplated under the original scheme should be abandoned, and that in its altered form, agreement should come into force immediately. To this the Netherlands Government could not assent except upon terms which would have made it practically impossible for the Associated Governments to make any use of Dutch shipping. To say that shipping shall not be employed for carriage of war material is at this stage of war equivalent to saying that it shall not be used at all. For with regard to great majority of cargoes it is impossible to say that they are not required directly or Indirectly for purposes of war.
4.
For these reasons Associated Governments have felt compelled to fall back on their unquestionable right to employ any shipping found in their ports for necessities of war. But they are very anxious that exercise of this right should be as little burdensome to shipowners and as little obnoxious to Netherlands Government as it can be made.
5.
Associated Governments hope that it may be possible to arrive at an agreement with owners as to rates of pay, values for insurance, etc., and on these points a further communication to the Netherlands Government will be sent very shortly. At the end of the war the ships will be returned to their owners who will of course be compensated for any losses caused amongst ships by enemy action. Associated Governments are willing further to offer owners, on conditions to be mutually agreed upon, an option to have any ship which [Page 1422] may be so lost in the danger zone as it exists at present, actually replaced by another ship within shortest possible period after the conclusion of peace. I need hardly assure Your Excellency that all facilities in power of Associated Governments will be given for repatriation of crews if desired and that all precautions will be taken to ensure that they be treated with every courtesy and consideration.
6.
Further, the Associated Governments hereby give the Netherlands Government an undertaking that Dutch ships which may leave a Dutch port after the date of this communication shall not be brought into Allied services otherwise than in agreement with owners.
7.
Associated Governments having been informed that unless the stocks of grain now in the Netherlands be replenished in time, Holland is threatened with a serious shortage during third quarter of this year, will at once place at her disposal 50,000 tons of wheat (or an equivalent quantity of flour) in a North American port and 50,000 tons in a South American port. It is hoped that the Netherlands Government will immediately send out such part of tonnage remaining in Holland as may be necessary to lift this grain. The Associated Governments guarantee that as far as it is in their power these ships shall enjoy immunity from delay and detention and receive every facility for bunkering.
8.
The United States Government have already intimated that the steamship Nieuw Amsterdam at present in New York will not be utilised by them and will under the special arrangement covering it be allowed not only to return at once to Holland but to load a cargo of foodstuffs consisting of rice and coffee. This cargo will be composed of original cargoes of steamship Samarinda and steamship Adonis which would have been allowed to proceed to Holland if modus vivendi already referred to had come into force.
9.
As regards further supplies of cereals, foodstuffs, raw materials and all other articles importation of which is provided for in proposals for general arrangement, Associated Governments are willing to give Dutch vessels now in Dutch ports every facility for their importation into Holland in accordance with provisions and terms of general agreement, if Netherlands Government are ready (as Associated Governments hope they are) to signify their acceptance of its terms generally.
10.
Associated Governments believe that Dutch ships now in their ports do not fully correspond to tonnage to whose services they had hoped to become entitled under terms proposed of general arrangement and that vessels now in or on their way to Dutch ports will be found to exceed tonnage needed for imports of Netherlands and their colonies calculated on basis of original tonnage proposals provisionally [Page 1423] agreed by Dutch delegates. If contrary to this expectation it should be proved to satisfaction of Associated Governments that this is not the case, latter will be ready to make up any deficiency of tonnage left at Holland’s disposal on lines of various provisions of general arrangement covering use and distribution of Dutch tonnage, as soon as Netherlands Government shall have supplied Allied Governments with definite figures of tonnage now in or on the way to Dutch ports.
  1. Telegraphed on Mar. 21 to the British Minister in the Netherlands, who delivered it to the Netherland Government on Mar. 22.