441.11/18
The Secretary of State to President Wilson52
The President: The undersigned, the Secretary of State, has the honor to submit herewith a report, with a view to its transmission to the Senate if the President approve thereof, in response to Senate Resolution 43853 relating to complaints of American citizens growing out of interference with American commerce by British authorities. The Resolution reads as follows:
“Resolved, That the President is hereby requested, if not incompatible with the public interest, to inform the Senate whether any, and if any, what measures have been taken relating to claims or complaints of citizens of the United States against the British Government growing out of restraints on American commerce and the alleged unlawful seizure and sale of American ships and cargoes by British authorities during the late war, and to communicate to the Senate a copy of any instructions which may have been given by the Executive to the American Ambassador at London on the subject on and after October 21, 1915,54 and also a copy of any correspondence which may have passed between this Government and that of Great Britain in relation to that subject since that time.”
In making representations to the British Government regarding the interferences with American commerce, the Government of the United States continued to assert the principles laid down in the note of October 21, 1915, referred to in the Resolution of the Senate.
The Department of State endeavored to prevent the improper seizure of vessels and cargoes and to obtain the release of such as were in its opinion improperly detained. Following the entry of the United States into the war, the Department succeeded in having consummated a general plan for the release of certain classes of goods which had not been sent to the Prize Court. It was made clear, however, in connection with negotiations for this arrangement that, although the British Government should agree to effect certain releases, the Government of the United States could not undertake to abandon the attitude taken by it with respect [Page 647] to British measures which it regarded as unwarranted, or to withhold protection from American citizens whose rights appeared to have been infringed by such measures.
Early in the war the British Government declared their intention to make due compensation to persons whose ships or cargoes were wrongfully detained by British authorities. From communications subsequently received from the British Government it appeared that they took the position that all claims for such compensation should, in the first instance, be submitted to the British Prize Court, and that diplomatic action should be taken in behalf of interested persons only after such local remedies in the courts had been exhausted and a prima facie denial of justice had been shown. The Government of the United States, without asserting that American citizens should not seek remedies in prize courts in cases properly cognizable by such tribunals, made clear its view that complaints of American citizens growing out of interference with their commerce which had formed the basis of remonstrance by this Government were on an entirely different footing than that class of complaints for the redress of which persons, who are themselves, or whose property is, within the jurisdiction of a foreign country, are required under a generally accepted rule of international law to resort to the appropriate tribunals of such country.
For obvious reasons claims for compensation were not pressed against the British Government during the war. In a communication dated August 18, 1920,55 inquiry was made if the British Government were prepared to enter into an arrangement for a reciprocal adjustment of claims growing out of acts of American and British authorities incident to the war. No final reply has been received from the British Government to that communication.
The language of the Resolution of the Senate is very broad. It is understood, however, that the purpose of it is to obtain information concerning the general character of instructions addressed to the American Embassy at London on the subject of interference with American ships and cargoes during the war and concerning the attitude of the British Government with respect to this subject as disclosed by communications received from them by the Government of the United States. Specific references to particular losses sustained by American citizens have been avoided, since it seems probable that such persons might desire to avoid publicity at this time in relation to these matters. The attached compilation56 has therefore been [Page 648] limited to certain correspondence which it appears will serve the purposes of the Senate’s Resolution.
Respectfully submitted,
- Transmitted to the Senate, Mar. 3, 1921.↩
- Of Jan. 26, 1921.↩
- See Department’s instruction of Oct. 21, 1915, to the Ambassador in Great Britain, Foreign Relations, 1915, supp., p. 578.↩
- Post, p. 648.↩
- Compilation not printed; the most important papers listed are printed supra, and also in Foreign Relations, 1915, supp., p. 578, and in Foreign Relations, 1916, supp., p. 368.↩