File No. 656.119/352
The Secretary of State to the Netherland Chargé ( De Beaufort)1
Sir: I have the honor to acknowledge the receipt of the note of Her Majesty’s Government under date of March 31, 1918,2 relative to the taking over by my Government of merchant vessels of Netherlands nationality within the territorial waters of the United States.
It is a matter of serious regret to my Government that the Government of the Netherlands have felt compelled to assert, in spite of the unusual conditions existing at the present time, that the measures taken by the Government of the United States in regard to the vessels concerned are inconsistent with the traditional friendship between this country and the Netherlands, and also to enter formal protest to the exercise by this Government of a recognized belligerent right which has, even under less critical circumstances, been sanctioned by the usage of civilized nations. It has been, since the United States became a participant in the present war, and still is its purpose to invade in no way the rights of the Netherlands and to take no action which is not founded upon a right which it clearly acquired by reason of its belligerency.
In spite of the indubitable right of this Government to convert to its use, under the imperative need which this war has imposed, the vessels of any nationality coming within its territorial jurisdiction, it did not exercise that right until it had tried every practicable means to obtain by agreement with the Government of the Netherlands the use of the merchant vessels of Netherlands nationality in American waters.
After a long negotiation to that end during which the Government of the United States tendered a fair and reasonable compensation for the use of the vessels and offered further to relieve from the operation of the embargo, which had been placed by law upon American exports, certain commodities especially foodstuffs and “bunkers” desired by the Netherlands, the exigencies of the war and the extreme need of transportation in its prosecution increased to such a degree that this Government, in view of the inability of the Government of the Netherlands to conform to the terms of the modus vivendi, which had been agreed upon during the course of the negotiation, had no other course but to exercise the right of angary, which it had long held in abeyance pending the negotiation of a definitive agreement.
Her Majesty’s Government are not ignorant of the fact that the interruption of the free use of the vessels in question in trade with [Page 1459] the United States and European countries is due wholly to the illegal and brutal submarine warfare conducted by the German Government, of which they have justly complained. Since, however, the Netherlands Government were unable to continue to exercise their rights on the high seas, although recognizing the lawlessness of the intended action of Germany, and apparently felt constrained to yield to the German Government’s objections, they adopted a course which, though not by intention, did, in fact, aid the German Government in its avowed policy of preventing commercial vessels of every nationality from approaching certain coasts of Europe. In view of these facts, the necessity for the immediate and vigorous prosecution of the war, on which the national safety of the United States depends, compelled this Government to resort to its full rights as a belligerent.
To defeat the policy of the German Government which was intended to interrupt the transportation of supplies to the military forces of the United States and its cobelligerents in Europe, this Government could do no less than increase by every means in its power the vessels engaged in this traffic. While convinced of its legal right to take over the vessels of Netherlands nationality in view of the imperative necessity which existed, the Government of the United States did so with reluctance and regret although it purposed and purposes to make just recompense for any loss or damage sustained by the owners of the vessels and to grant substantially the commercial concessions to the Netherlands which would have been granted had the agreement under consideration been finally concluded. It has not complained and does not intend to complain of the failure of the Government of Netherlands to perform their part of the modus vivendi which had been agreed upon, but it cannot but express surprise and regret that the natural consequence of such failure should be the subject of complaint by the Government of the Netherlands.
This Government was convinced, although it now appears erroneously, that the Government of the Netherlands, whose rights on the high seas had been so often and so flagrantly violated by the German naval authorities, would not consider it their duty to resent a course of action by this Government, whatever embarrassment might result, which did not exceed the recognized legal rights of a belligerent, especially when such action was directly caused by the lawless conduct of a nation which waged indiscriminate war against neutrals as well as against its enemies.
In conclusion I earnestly hope that you will assure Her Majesty’s Government that the Government and people of the United States have only the most friendly feeling for the Government and people [Page 1460] of the Netherlands, and they would not, except by reason of the circumstances which have been imposed upon them by the lawless conduct of the German Government and by its improper interference with the sovereign right of negotiation, have exercised a belligerent right which is deemed sufficiently questionable by the Government of the Netherlands to constitute a proper subject for complaint, which is contrary to the views of the Government of the United States and to its understanding of the rules of international law applicable to the present case.
Accept [etc.]