340.1115A/46: Telegram

The Secretary of State to the Ambassador in France (Bullitt)31

1049. Your 2031, September 18, 6 p.m. Your 2085, September 21, 2 p.m. (Section 2).32 First regarding your 2085, Section 2. Department is unable to understand this message unless it is viewed in the light of a possible misunderstanding or misapprehension on your part.

The regular passenger service of the United States Lines Company has not been restricted to American citizens only. The agents of that Line in Paris are reported to understand that fact. Through the Maritime Commission we have requested United States Lines Company in New York to confirm that fact to their Paris agents and in addition to direct those agents to be at your disposal in facilitating arrangements for any Ambassador or Minister of an American Republic in Paris for the purpose of offering them for the use of their nationals such accommodations for New York as may be available on the regular passenger ships. The thought has never occurred to Department to exclude the persons under reference from travel on those regular passenger ships. Our 993 was intended to make that clear. Consequently there could not develop the denial of passenger facilities for those persons—unless the ship was sold out—nor can there be any question of cancellation of tickets.

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However, the specially directed ships are in a different category. Use of the funds to defray the expense of those voyages was limited by Congressional Act to:

“A state of emergency … endangering the lives of American citizens in any foreign country.”

and was called into being by Presidential proclamation33 in the words:

“By virtue of and pursuant to the authority vested in me by the above-quoted statutory provisions”.

So that by law we have been limited to use those funds for American citizens only. But that applies only to the specially diverted ships and does not apply and never did apply to the regular passenger vessels of the United States Lines.

Department is very glad you have exercised your good offices in favor of the Ambassadors, Ministers and prominent citizens of South American Republics and is pleased to note they are grateful. Department hopes the agent of the United States Lines in Paris can be of additional service to you in that regard.

Second, your 2031. The only exception permissible to the necessary ruling that American citizens only are to use the diverted ships is that for humanitarian reasons families are not to be separated, so that if one member of a family is an American citizen and entitled to travel on one of those vessels that citizen may be accompanied by one or more members of the immediate family who are not American citizens.

This ruling applies to the Shawnee. It does not apply to regular passenger vessels under operation of the United States Lines. Consequently no foreigners other than members of the immediate family of an American citizen can be carried on the Shawnee or aboard the St. John which also has left for a French port.

We regret that for legal reasons there is a lack of authority to comply with your recommendation in regard to the Shawnee and St. John. There are no limitations upon the sale of passenger accommodations on the other vessels such as the Washington and Man-hattan. Consequently, considering the larger size of the vessels in the regular run, there would seem to be no reason why the persons mentioned in your 2031, Section 3, cannot be gradually accommodated aboard them and with probably greater comfort to the passengers.

Department requests that you try to bring about a proper understanding of this whole question on the part of the Ambassadors of Brazil and of Argentina and on the part of any other Chief of Mission who may have had a misapprehension of the conditions pertaining [Page 612] to travel on these diverted ships and that you explain the reasons therefor.

Hull
  1. Telegram No. 1050, September 25, 1939, to the Ambassador in France, instructed that telegram No. 1049 be repeated to the American Consul at Marseille.
  2. i. e., the last paragraph of the telegram.
  3. Reference is to the President’s Executive Order No. 8246, dated September 8, 1939, 4 Federal Register 3863.