File No. 656.119/636
The Acting Secretary of State to the Chargé in Argentina ( Robbins)
Your July 20, 1 p.m.1 You are instructed and authorized to employ a reliable attorney at a reasonable fee to render a report and opinion in respect to the immunity in Argentine ports from legal proceedings of the Dutch merchant vessels, the possession and use of which have been requisitioned under an act of Congress by the United States Government, and which are manned and operated under the American flag by the United States Government. It is contemplated that these vessels will be used in merchant trade only, that is, carriage of cargoes for hire.
This opinion should cover the foregoing question on the following assumptions:
- (1)
- That these Dutch ships are armed for defensive purposes by one or two guns of a calibre less than six inches mounted on the stern;
- (2)
- That the vessels are not armed at all;
- (3)
- That the vessels are officered and manned by officers and sailors of the United States Navy in uniform and in the pay of the United States Government;
- (4)
- That these vessels are officered and manned by employees of the United States Shipping Board, an administrative branch of the United States Government.
Also obtain an opinion as to whether, if proceedings may be had against these vessels, they would be held pending the outcome of the proceedings, or whether it would be possible to have them released upon security; and if so, what security would be required.
These opinions are desired on account of the apprehension of this Government that the owners of the vessels or other persons having an interest in them may endeavor to assert their rights in Argentine courts by legal proceedings which would result in the use of these ships being in some way lost temporarily or permanently to the United States,—a risk which the shortage of tonnage will not allow the United States to take.
- Not printed.↩