300.115(39) City of Flint/9: Telegram
The Secretary of State to the Ambassador in the Soviet Union (Steinhardt)
208. Your 789, October 24, 9 a.m., regarding City of Flint Department assumes from your telegram that vessel was brought into Kola Bay as prize. Under rules governing maritime warfare a prize may be brought into a neutral port only on account of unseaworthiness, stress of weather or want of fuel or provisions, and is required to leave as soon as the circumstances that justified its entry are at an end. Failure to leave puts upon the neutral power the obligation to release it with its officers and crew and to intern the prize crew. See articles 21 and 22 of Hague Convention No. 13, 1907,73 which both Russia and United States ratified (2 Malloy’s Treaties, etc., page 2352). These provisions are regarded by this Government and American courts to be declaratory of the existing law of nations independently of conventional undertakings.
If the vessel and cargo have not already been released you should discuss the matter with the Soviet authorities along the lines of the foregoing and say that this Government assumes that such action will be taken at once since failure so to act would compromise the neutrality of the Soviet Government as announced to you in its note of September 17.74
In reporting results of your conversation also advise whereabouts and status of American crew.