811.114 Hillfern/139

Memorandum by the Under Secretary of State (Phillips)

The Belgian Ambassador being absent in New York, I sent this morning for Prince de Ligne, the Counselor of the Embassy, and read to him the substance of the accompanying oral statement. I then handed him the statement, making it clear that this was an oral representation and not a memorandum. In addition to the expressions contained in the statement I reminded Prince de Ligne that the Treasury was not only greatly exercised by the present situation, but that it had been brought to the attention of the President, who was also greatly exercised.

I said that, in my opinion as an old friend of Belgium, it would be highly disastrous to have this whole unfortunate matter aired in the press and I hoped, therefore, that the Belgian Government could see its way to taking immediate action along the lines suggested.

It seems to me that we should inform the Treasury Department that I made the above representations to the Belgian Chargé.

William Phillips
[Annex]

Oral Statement by the Under Secretary of State (Phillips) to the Counselor of the Belgian Embassy (De Ligne)15

You no doubt recall the Ambassador’s conversation of January 25th with the Secretary of State regarding the matter of the use of Belgian territory and facilities in connection with the smuggling of alcohol into the United States. Since that time another vessel has left Antwerp with a large cargo of alcohol intended for smuggling into this country. The British Steamship Hillfern sailed from Antwerp on March 26 with 700,000 liters, approximately 185,000 gallons, of alcohol in tanks. The vessel’s ostensible destination was Montevideo, Uruguay, but the facts and circumstances surrounding the shipment pointed to another smuggling venture.

On Saturday night, April 25th, the American vessel Charles D. Leffler was seized at Bayway, New Jersey, near Staten Island, New York, with a cargo of between 50,000 and 100,000 gallons of alcohol in tanks. The alcohol is said to have been obtained from a foreign steamer about 150 miles offshore, which was undoubtedly the Hillfern.

As you are of course aware, the Hillfern has returned to Antwerp with the remainder of her cargo, the final disposition of which remains, [Page 416] as far as I know, undecided. I need hardly tell you that in the light of the incontrovertible evidence that the cargo of the Hillfern was destined for smuggling into this country, this Government will continue to feel the greatest concern until the danger is definitely averted. Aside from other factors in the present case, it will have come to the attention of your Government that the Hillfern returned to Antwerp without having called at Montevideo, Uruguay, her declared destination. This, taken in conjunction with the fact that she returned with only part of her cargo, immediately raises in my mind the question of why the vessel has not been proceeded against for giving a false destination in her clearance papers.

In this connection, it has just now come to my attention that the Maritime Commissioner of the Port of Antwerp caused the Hillfern to be seized and ordered a formal inquiry. My information is that by means of telegraphic instructions to the Commissioner, the Minister of Marine has ordered the release of the ship and the abandonment of the inquiry.

Apart from the case of the Hillfern, the American Consul General at Antwerp has been confidentially informed that another shipment of 1,250,000 liters of alcohol, presumably to be carried by the Hillfern or by a vessel of similar type, has already been assembled.

With reference to the broad question of the use of Belgian territory as a base for smuggling activities directed against the United States, I am compelled to say that I am deeply disappointed with the aide-mémoire which you left with me May 20th. I was, of course, already aware that legislation requiring the production of landing certificates does not now exist in Belgium, and the whole purpose of this Government’s representations has been to obtain the passage of such legislation or such other effective control of shipments of alcohol as your Government might suggest The intentions of the Belgian Government with regard to the masters of Belgian ships are appreciated, but they do not, I think you will agree, touch the real roots of the problem.

This Government has been careful to withhold from the press all information with regard to the Hillfern or the general question at issue. However, “leaks” have occurred, for which this Government is not responsible, and it is probably only a question of time before the State Department will be compelled to make known its position. You will picture, as readily as I can, the very unfortunate effect on public opinion in this country when the facts are known, and I do not consider it too strong to say that the very favorable reaction here to the trade agreement concluded between our two governments will be much affected. It is for this reason, among others, that I wish to impress upon you the seriousness with which the present situation is regarded by this Government. It is my earnest hope that the Belgian Government [Page 417] can be prevailed upon to view the situation in the same light and that it will take prompt and effective action, not only in respect to the Hillfern case, but in respect to the wider problem, in order that the experience of the Hillfern will not be repeated.

  1. Filed separately under 811.114 Hillfern/140.