740.00112 European War 1939/611: Telegram
The Secretary of State to the Chargé in the United Kingdom (Johnson)
1561. Your 2481, November 29, 3 p.m. Please promptly deliver to the Foreign Office a formal note reading textually as follows:
My Government has noted with regret that by its Order-in-Council of November 28, the British Government has undertaken to intercept all ships and all goods emanating from German ports, and ports in territory under German occupation, after December 4, 1939, and all ships from whatever port sailing after December 4 having on board goods of German origin or German ownership, and to require that such goods be discharged in a British or allied port and placed in the custody of the marshal of the prize court. This order if applied literally would subject American vessels to diversion to British ports if they are found to be carrying goods of German origin or German ownership, regardless of the place of lading of such goods or the place of destination and regardless of the ownership of the goods at the time that the vessel is intercepted, the words “enemy origin”, according to the order, covering any goods having an origin in any territory under enemy control, and the words “enemy property” including goods belonging to any person in any such territory.
Interference with neutral vessels on the high seas by belligerent powers must be justified upon some recognized belligerent right. It is conceded that a belligerent government has a right to visit and search neutral vessels on the high seas for the purpose of determining whether the vessel is carrying contraband of war to an opposing belligerent, is otherwise engaged in some form of unneutral service, or [Page 787] has broken or is attempting to break an effective blockade of an enemy port and, if justified by the evidence, to take the vessel into port.
American vessels are at the present time prohibited by our domestic law from engaging in any kind of commerce on the west coast of Europe between Bergen, Norway, on the north, and the northern part of Spain on the south. This prohibition applies to neutral as well as to belligerent ports within that area. Consequently, justification for interfering with American vessels or their cargoes on grounds of breach of blockade can hardly arise. Likewise the question of contraband does not arise with respect to goods en route from Germany to the United States.
Whatever may be said for or against measures directed by one belligerent against another, they may not rightfully be carried to the point of enlarging the rights of a belligerent over neutral vessels and their cargoes, or of otherwise penalizing neutral states or their nationals in connection with their legitimate activities.
Quite apart from the principles of international law thus involved, the maintenance of the integrity of which cannot be too strongly emphasized at this time when a tendency toward disrespect for law in international relations is threatening the security of peace-loving nations, there are practical reasons which move my Government to take notice of the Order-in-Council here in question. In many instances orders for goods of German origin have been placed by American nationals for which they have made payment in whole or in part or have otherwise obligated themselves. In other instances the goods purchased or which might be purchased cannot readily, if at all, be duplicated in other markets. These nationals have relied upon such purchases or the right to purchase for the carrying on of their legitimate trade, industry and professions. In these circumstances, the British Government will readily appreciate why my Government cannot view with equanimity the measures contemplated by the Order-in-Council which if applied cannot fail to add to the many inconveniences and damages to which innocent trade and commerce are already being subjected.
My Government is therefore under the necessity of requesting that measures adopted by the British Government shall not cause interference with the legitimate trade of its nationals and of reserving meanwhile all its rights and the rights of its nationals whenever and to the extent that they may be infringed.