Papers Relating to the Foreign Relations of the United States, 1918, Supplement 2, The World War

File No. 800.88/179

The Secretary of State to the Italian Ambassador ( Macchi di Cellere)

Washington, November 4, 1918.

My Dear Mr. Ambassador: I have received your note of August 29,¹ enclosing a copy of your communication of June 26, 1918,¹ in which you state that in order to protect the general interest by utilizing the Allied shipping to its fullest extent, your Government has agreed with the British Government that the immobilization of ships on account of legal proceedings should be prevented at all costs; that the interests of the Allied cause ought to be regarded as sufficient to override, for the time being, all interests of private citizens; and that following this principle already applied by British courts, no libel will be allowed in Italian or English ports when the ships are requisitioned by, or in the service of the respective Governments, and you express the desire of your Government that the Federal authorities should accept upon the basis of reciprocity, the principle above set forth in conferring immunity from arrest or libel upon any ships in the service of any Allied Government.

In reply, I beg to state that the question of the immunity from legal proceedings in the courts of the United States of ships requisitioned by the Italian Government in the present war, has already received the careful consideration of this Government while a neutral. This Government considers that the observations made on this subject in its notes to your Embassy in the Attualità case² are applicable to the vessels to which it is understood your proposal relates. The Government of the United States, although now a cobelligerent, perceives no reason for modifying the views set forth in these notes, particularly the note of October 26, 1916, and adheres to the attitude indicated therein.

I may point out that since the courts in this country would doubtless entertain a proper application of the owner to release under bond, pending final disposition of the case, any vessel of the class included in the proposal under consideration which might be involved in litigation, no serious delay nor inconvenience need be experienced by reason of legal proceedings of the sort indicated against these requisitioned ships.

I am [etc.]

Robert Lansing

1. Not printed.
1. Not printed.
2. See Foreign Relations, 1917, Supplement 1, pp. 675–687.