740.00111A Ports/1
The Department of State to the Canadian Legation
Memorandum
With reference to the Canadian Legation’s memorandum of November 3, 1939 requesting information concerning the attitude the Government of the United States would adopt if Canadian Naval vessels were to call for fuel at San Pedro and the Canal Zone in transit from coast to coast, there is transmitted herewith a copy of a Proclamation by the President of the United States of America Proclaiming the Neutrality of the United States in the War Between Germany and France; Poland; and the United Kingdom, India, Australia and New Zealand,62 which contains provisions concerning the treatment to be accorded to belligerent ships of war, while in waters subject to the jurisdiction of the United States, from which the following is quoted as particularly pertinent in this connection:
“No ship of war of a belligerent shall be permitted, while in any port, harbor, roadstead, or waters subject to the jurisdiction of the United States, to take in any supplies except provisions and such other things as may be requisite for the subsistence of her crew in amounts necessary to bring such supplies to her peace standard, and except such fuel, lubricants, and feed water only as may be sufficient, with that already on board, to carry such vessel, if without any sail power, to the nearest port of her own country; or in case a vessel is rigged to go under sail, and may also be propelled by machinery, then half the quantity of fuel, lubricants, and feed water which she would be entitled to have on board, if dependent upon propelling machinery alone, and no fuel, lubricants, or feed water shall be again supplied to any such ship of war in the same or any other port, harbor, roadstead, or waters subject to the jurisdiction of the United States until after the expiration of three months from the time when such fuel, lubricants and feed water may have been last supplied to her within waters subject to the jurisdiction of the United States.”
A copy of each of the following documents is also enclosed for the information of the Government of Canada in this relation:
A Proclamation by the President of the United States of America governing the Use of Ports or Territorial Waters of the United States by Submarines of Foreign Belligerent States.63
An Executive Order Prescribing Regulations Governing the Passage and Control of Vessels Through the Panama Canal in any War in which the United States is Neutral.64
A Proclamation by the President of the United States of America Prescribing Regulations Concerning Neutrality in the Canal Zone.65
Neutrality Act of 1939, approved November 4, 1939.66
[Page 703]A Proclamation by the President of the United States of America Proclaiming the Neutrality of the United States in the War between Germany, on the One Hand, and Canada on the Other Hand.67