740.00111A.R.–N.C./134
Memorandum by the Legal Adviser (Hackworth) to the Under Secretary of State (Welles)
Mr. Welles: I see no objection to discussing with the Argentine and Brazilian Governments the possible internment of belligerent merchant vessels, although I think that it should be borne in mind that the term “internment” in the international sense applies only to war vessels or auxiliary vessels. If it should be decided that belligerent merchant vessels should be required to leave within a specified time or be interned, I think that it would be necessary to obtain authorization from the Congress. While Collectors of Customs are now authorized to withhold clearances in certain classes of cases, the circumstances under which they may act are specified by law. The authority is not broad enough to justify the action here in contemplation.