340.1115A/1398: Telegram
The Chargé in Germany (Kirk) to the Secretary of State
[Received 8:35 p.m.]
3657. Department’s 2255, August 17, 4 p.m. Following is translation of communication dated August 20 which has just been received from the Ministry of Foreign Affairs:
“The Foreign Office has the honor to acknowledge receipt of the note of the Embassy of the United States of America of August 18, 1940, number 1403.
The description of events in that note requires a clarification in two points:
(1) The reason why the Reich Government saw no reason for giving a special assurance with regard to the American Legion was the following: under international law the German forces have the right to intercept neutral merchant vessels and under certain circumstances to molest them. No such right exists with respect to vessels belonging to the armed forces of neutral countries. It is therefore not only superfluous but also contrary to reason to give an assurance that vessels belonging to the armed forces of a neutral country will not be intercepted or molested. Such an assurance would in this case be contrary to reason because it would imply the possibility that German forces, contrary to the rules of international law, might intercept or molest a vessel of neutral armed forces.
The note verbale of the Foreign Office and the oral statements of Ambassador Bitter are in complete accord on this point. To place any other interpretation on the oral statements of Ambassador Bitter would be entirely erroneous.
(2) The requirement that a definite notification of course of the American Legion must be made not later than noon on August 15 is to be explained as follows: on the afternoon of August 14 the attention of Mr. Heath of the Embassy of the United States was drawn orally to the very great dangers which would be connected with the voyage along the route first indicated. In this connection two other and non-dangerous routes were suggested. Mr. Heath then asked what was the latest time that the German authorities must be informed as to which of the three routes now in question the American Legion would finally choose. The reply was then made to the Embassy of the United States on the same evening that this must be done by noon on August 15. Consequently the Foreign Office could not assume that after the explicit warning the American Legion would keep to the course originally notified. Instead the question of the course had then to be regarded as open so that the German forces had to receive a new and final notification. This would have to have been done by noon on August 15. But the notification from the Embassy of the United States was only received at noon on the 16th and not as asserted in the Embassy’s note of August 18, 1940 on August 15, 1940.
[Page 161]In conclusion the Foreign Office must point out that the attempt implicit in the note of August 18, 1940, to impute to the Reich Government an inconsistent or unclear attitude in the matter is without any foundation. The Reich Government treated this case with the accustomed care just as it treated the previous cases in which the American Government approached the Reich Government with wishes regarding American vessels. The American Government, on the other hand, when making its communications to the Reich Government regarding the voyages of these vessels has again and again failed to observe the necessary speed and accuracy and has thereby exposed these vessels to unnecessary dangers.”
With regard to point 2 of the Foreign Office note Heath absolutely denies the account of the conversation with respect to the date of final notification of the course of the American Legion. His exact question was “What is the latest hour at which any change in the route of the vessel must be notified to the Foreign Office”. In reply the statement was given that such notification must be made by noon on August 15.