Foreign Relations of the United States, Diplomatic Papers, 1939, General, Volume I

740.00112 European War 1939/505

Memorandum of Conversation, by the Chief of the Division of European Affairs (Moffat)

[Extract]

[Washington,] November 8, 1939.

Participants:	Mr. F. R. Hoyer Millar, First Secretary, British Embassy;
	Mr. Foster, British Embassy;
	Mr. Pierrepont Moffat, Chief, Division of European Affairs;
	Mr. John Hickerson, Assistant Chief, Division of European Affairs.

Derek Hoyer Millar and Foster came down from the British Embassy on a series of matters:

1. The British Embassy had received a telegram from London pointing out that Kirkwall was now in the combat area and that American ships under our law could no longer put in there voluntarily for examination.⁵⁵ They wished to remind us that our law could not estop them from carrying on the war, and that their rights as belligerents under international law took precedence of other considerations. They therefore reserved the right to take American ships bound for Bergen into Kirkwall for examination. They wondered if we could not write in our regulations a provision exempting from penalty American ships which were taken into Kirkwall as a result of legal compulsion. Mr. Hickerson and I laughed gently at the use of the word “legal”, but seriously speaking said that we were not impressed by the suggestion. Mr. Hoyer Millar then pointed out that during the last war at the request of some of the neutrals they had undertaken to examine cargo at Halifax. We pointed out that Halifax was as much in the combat area as Kirkwall. Yarmouth was, of course, outside the combat area, and so was Bermuda, both of which they suggested as possible points of examination. Mr. Hickerson and I said that we hoped very much that they would be as careful as possible about taking American ships into Kirkwall (1) for the legal reason that if they did so and the ship was subsequently sunk in the combat area, there would be a valid legal claim against Great Britain for the entire loss; and (2) more important, that it would probably raise an amount of public resentment here out of all proportion to the cargo involved. Mr. Foster said the situation would be eased if the navicert system was soon established, and Mr. Hickerson said he hoped to give them our reactions in a very short time.

. . . . . . . . . . . . . .

P[ierrepont] M[offat]

55. For texts of Neutrality Act approved November 4, 1939, and Proclamation issued November 4, defining combat areas, see 54 Stat. 4 and 2673.