340.1115A/1374: Telegram
The Acting Secretary of State to the Chargé in Germany (Kirk)
2255. Your 3559, August 16, 10 p.m. Please communicate the following to the German Foreign Office:
“By a telegram dated August 161 informed my Government of your note verbale of that date with further reference to the voyage from Petsamo of the United States Army transport American Legion. My Government instructs me to make the following communication in reply thereto:
‘The Government of the United States desires first to point out that the course on which it was proposed that the American Legion should sail from Petsamo to New York was indicated to the German Government through the American Embassy at Berlin on August 9, together with a statement of the distinguishing characteristics of the ship for her ready identification and a statement that she was scheduled to sail from Petsamo on August 16, in sufficient time for the German Government to notify the appropriate German authorities so as to assure the vessel against attack by the German fighting forces. The United States Government was informed on August 13th46 that the German Foreign Office had stated that the appropriate German authorities had been informed of the date of departure, course and description of the American Legion, the understanding being that the vessel would depart on August 16 and, if she should depart at a later date, then the Foreign Office would again have to be notified 3 days before the actual departure since otherwise it would not be possible to give informatory instructions to the appropriate German authorities. The German Foreign Office called attention to its previous communications to the American Embassy on the subject of the American Legion, in which the Foreign Office had stated that instructions to the German combatant forces with respect to possible action against neutral ships were, in accordance with international rules, and the German Prize Law Codes, limited to merchant ships. The Foreign Office had further stated that it was, therefore, out of the question that German forces should stop neutral vessels of war or take any other measures against them, and that in view of those facts there was no occasion, in the opinion of the German Government, to give any special assurances with regard to a neutral war vessel. The German Government was, however, prepared to notify the German forces for their information in order to avoid confusion with enemy warships that an American [Page 156] war vessel (namely, the American Legion) would travel on a specified course at a specified time.
‘Subsequently, and not until the late afternoon of August 14, as reported to the American Govt. that same day, the Foreign Office stated at the German Air Force had pointed out that the proposed course of the American Legion, passing between N. Rona and Cape Wrath, would bring the vessel into the field of dangerous air operations, and that the German authorities, therefore, recommended a more northern route. Upon inquiry of the Foreign Office as to how much advance notice of the change of course of the vessel would be required by the Foreign Office in order that it might effect complete notification of all German combat units the vessel might encounter, the answer was made that if such notice were received by noon, Berlin time, August 15, there would be time to effect proper notification and the vessel could leave Petsamo August 16 as scheduled.
‘Under instructions of the U. S. Government, on August 14 the attention of the Foreign Office was invited to the assurances which it had given that the appropriate German authorities had been duly informed of the date of departure, course and description of the American Legion, and it was asked to stand by its original acceptance of the course of the American Legion. In reply, Dr. Bitter of the Foreign Office stated that if the American Government insisted on the ship following the proposed course, then the German Government had nothing to do but accept the decision, pointing out again the great danger involved. Dr. Ritter also stated that the Foreign Office had merely agreed to notify the appropriate German authorities for their information of the course and description of the vessel, and that it had never guaranteed the safe conduct of the vessel for assurances of safe conduct could only be given in the cases of merchant vessels and not in the cases of naval vessels, in which category the American Legion falls. The U. S. Government considers, in that connection, that Dr. Ritter’s statement was hardly in line with the previous communication of the Foreign Office, referred to above, when the Foreign Office stated that there was no occasion, in the opinion of the German Government, to give any special assurances with regard to a neutral war vessel since it was out of the question that Grerman forces should stop neutral vessels of war or take any other measures against them, and that the German forces would be notified in order to avoid confusion of the American Legion with enemy warships.
‘Following the U. S. Government’s learning of Dr. Ritter’s conversation, and of the American Chargé d’Affaires’ communication of the Foreign Office’s note in confirmation of the conversation, the subject of the course to be followed by the American Legion had the serious and protracted consideration of the U. S. Government. However, it was determined that no other practical course existed for the vessel to follow than that proposed, the vessel to sail on August 16 as scheduled and already notified to all the belligerent governments. As instructed by his Government, the American Chargé d’Affaires informed the German Foreign Office on August 15 accordingly, and stated that the Government of the United States consequently reverted to its original communication to the German Government on [Page 157] the subject and took note of the fact that the German Government had brought the voyage of the vessel to the attention of its appropriate agencies.
‘The U. S. Government is of the opinion, therefore, that the German Government received sufficient advance notice of the sailing of the American Legion from Petsamo on the date scheduled and the course to be followed, to take every precaution against attack on the vessel by the German combat forces. The German Government acknowledged the receipt of this notification prior to the vessel’s departure and stated that the appropriate German authorities had been informed of the date of departure, course, and description of the vessel. The German Government did not give assurance of safe conduct for the vessel but explained that there was no occasion to give any such assurance with regard to the vessel as it was out of the question that German forces should stop the vessel or take any other measures against her. All the other belligerent governments have given assurance of safe conduct for the vessel for her sailing on the date scheduled and on the course indicated.
‘The German Government now points out that it did not receive final notification of the ship’s departure from Petsamo on August 16 until noon of that day and that the American Embassy at Berlin had been informed that August 15 was the latest date for such notification of the intended route. However, the stipulation of the German Foreign Office that it be notified by noon, Berlin time, August 15, with respect to the vessel’s course was in reply to the Embassy’s inquiry as to how much advance notipe of the change of course of the vessel would be required by the Foreign Office. Since no change was made in the course of the vessel, further advance notice became entirely unnecessary.
‘Stated briefly, the German Government has on several occasions during the conversations about the voyage of the American Legion stated that the vessel in question as a public vessel of the United States, actually being a transport of the United States Army, needed no safe conduct from the German Government because safe conducts were reserved only for merchant vessels. The German Government having repeatedly made that statement and having stated also that they would notify their armed forces of the route on which it was informed the vessel would proceed and of the date of her departure from Petsamo and of the description of the vessel, and having assured the Government of the United States that it had actually notified its armed forces of the route, date of sailing and description of the American Legion, and in continuing reliance upon the original statements of the German Government, the American Chargé d’Affaires is instructed to inform the German Government that under the circumstances above related the Government of the United States expects that the vessel will not suffer molestation by any action undertaken by the German armed forces.’”
- Telegram No. 3498, August 13, 5 p.m., from the Chargé in Germany, not printed.↩