740.0011 European War 1939/24086: Telegram

The Secretary of State to the Chargé in France (Tuck)

579. Your 1315, September 7, and 1376, September 16. You should see Laval at the earliest opportunity and present the following views of your Government.

As Laval has stated to you, owners of the foreign merchant tonnage in French ports have been pressed into an agreement to charter their vessels to the German Government. Since it cannot be regarded as having been entered into voluntarily, any such agreement amounts to a requisition of the ships. Moreover, those vessels flying the Dutch, Belgian and Norwegian flags have previously been requisitioned by their respective Governments. Consequently, the former owners of these vessels were not in a position to charter or otherwise dispose of the vessels and any such agreement entered into with the German Government remains without legal effect.

The taking of foreign owned merchant vessels from French ports under these circumstances would constitute the carrying out in neutral territory of belligerent activities begun outside such territory. Furthermore, there would appear to be no justification for allowing Germany to be substituted for France with respect to foreign owned tonnage which France has been operating. France has a prior right to these ships and by foregoing her right in favor of Germany she would be giving direct aid to an enemy of the United States.

This Government cannot accept M. Laval’s attitude that there is “little that the French Government could do or say.” It is of the opinion that the French Government should refuse to allow France to be used for the continuation of belligerent acts by Germany and refuse to forego her rights in favor of Germany to the operation of foreign owned tonnage in her ports. Any other course of action would be entirely incompatible with France’s oft-declared position as a neutral state and could only be considered by this Government as an unneutral act and in direct violation of the principles she has enunciated to the United States.

Hull