File No. 356.11/378
The Minister in the Netherlands ( Garrett) to the Secretary of State
[Received June 1, 6 a.m.]
2980. Minister for Foreign Affairs answered fully, May 27, interpellation relative to Netherlands Government relenting [protesting] against new clause German prize code article 55(c) described in my 2637, May 16, 5 p.m. He said in substance that before protesting he had inquired of German Government whether new rule applied to Dutch vessels; that he had expected negative answer as Holland had not entered into agreement with Germany’s enemies for granting shipping space and as less than half Dutch fleet was in enemy service, that he had told German Government that in his opinion this article, which relates to neutral vessels, should apply only to those vessels actually in neutral service. Therefore, in calculating portion of tonnage in the service of Germany’s enemies, vessels requisitioned would not be included; that he further told German Government that even if “mercantile marine of a neutral” were not so interpreted, less than half Holland’s fleet was in enemy service.
Reply to foregoing was same as report contained in my 2885, May 25, 11 a.m.
Minister for Foreign Affairs further stated that as new clause in article 55(c) appeared aimed directly at Dutch shipping, he immediately instructed Gevers to protest, requesting him to point out that new clause created supposition of lending aid to our [the] enemy; that this supposition was void of any ground in international law. Minister for Foreign Affairs referred to this reversal of onus of proof as [being] wholly unreasonable; further, he had had Gevers state that the rule went into effect ill-timed without making allowances for vessels which had sailed without being aware of new rule.
Gevers was instructed to say that due note had been taken of the German Government’s statement that difficulties would be removed upon an arrangement being come to regarding furnishing of Dutch vessels with safe conducts, so that in practice Dutch vessels would not be affected by this alteration of the prize regulations; that nevertheless Netherlands Government considered its duty to object to new regulations on principle, for injustice of it would not be removed by attitude of German Government, no matter how accommodating it might be.
In the meantime, several Dutch vessels have been taken in by Germans, apparently solely because were not in possession of German letters of assurance; see my 2741, May 20,1 for example.
[Page 1499]Apparently negotiations with Germany have not yet reached point where granting German letters of assurance is agreed to in principle, for such letters have not yet been issued for the three vessels leaving in exchange for the three bringing grain from America. However, Foreign Office expects letters of assurance for these vessels in very near future. Nieuw Amsterdam seems covered by special arrangement.
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