311.5654 Wilhelmina/10
The Netherlands Minister (Loudon) to the Secretary of State
The Minister of the Netherlands presents his compliments to the Honorable the Secretary of State and has the honor to respectfully request Mr. Hull’s attention for the matter explained in this note.
Since 1938, the Netherlands Ship Wilhelmina had been lying in the Yangtze river in the port of Hankow, unable to proceed to sea, as the Japanese military authorities prevented her from sailing. In order to put an end to this difficulty the owners of the vessel, the Java-China Trading Company, Ltd., a corporation of Amsterdam and later of Batavia, Netherlands East Indies, entered into a charter agreement, with the consent of the Netherlands authorities, with a Japanese shipping concern. The intention of the owners was to have the ship at sea so that in case of war there would be at least a chance for the vessel to escape seizure.
In the beginning of December, the wireless operator, who against explicit Japanese government instructions and at the risk of his life listened in to the shortwave broadcast, learned of the treacherous attack of Japanese forces on Pearl Harbor and of the declaration of war by the Netherlands Government on Japan. The operator immediately informed the master. The master, acting on secret instructions with which the Netherlands Government had provided him, ordered a change of course so as to try and reach a safe port in order to prevent the ship from being taken by the Japanese. After considerable difficulties—the master being handicapped by the lack of charts—the ship reached Dutch Harbor. In the meantime, on January 14, 1942, the Commander of the Netherlands Indies Naval Forces—the competent authority—had, by telegraph, requisitioned the use of the vessel. In Dutch Harbor the Wilhelmina was boarded by Lieutenant Breedveld, a Netherlands Naval Officer, who had been sent from San Francisco by order of Dr. van Mook, Lieutenant Governor-General of the Netherlands Indies, to confer with the master. Lieutenant Breedveld acquainted the master with the fact that the use of his vessel had been requisitioned and on January 30, 1942, the master made an entry of this fact in this logbook. The entry was worded: [Page 46]
“Werden overgenomen door N.E.I. Gouvernement en wachten op orders.”
which literally translated means:
“Have been taken over by Netherlands East Indies Government and are awaiting orders.”
Upon instructions from Lieutenant Breedveld, the master then continued his voyage to Seattle, Washington. The period of validity of the ship’s sailing permit which had been set at six months by Netherlands Consul General at Shanghai, acting on instructions from the Batavia authorities when the ship was still in China, having expired, the Company entrusted by the Netherlands Indies Government with the management of the vessel, subject to the Government’s instructions, took immediate steps to obtain an extension, but pending the granting of this extension, the communication with Java was interrupted and finally ceased. It became necessary, therefore, to first of all transfer the seat of the Java-China Trading Company, Ltd., from Batavia to Curasao, Netherlands West Indies, and to apply for new registration of the vessel in the port of Curasao. Several weeks had to lapse before these formalities could be completed. In the meantime the ship had been libeled, but this fact would not have interfered with the possibility of the ship’s departure, as the owners of the vessel were quite prepared to put up the bond for the required amount. Moreover, the Netherlands Government was and still is considering the question whether in the case of a Government requisitioned ship a libel can attach.
In the meantime all communication with the Netherlands Indies had ceased and the Netherlands Government in London had issued a Decree by which it took over all the requisitionings made by the Netherlands Indies Government. The Wilhelmina had thus become a vessel the use of which had been requisitioned by the Netherlands Government in London. However, just before arrangements could be made by the owners, who now took orders from the Netherlands Government to despatch the ship on a new voyage and use her for the prosecution of the war, the United States War Shipping Administration had taken over the vessel, thereby depriving the Netherlands Government of the use of the tonnage involved. The Netherlands Government does, of course, welcome the efforts of the United States authorities to avail themselves of the tonnage in question for war purposes, and would have very readily agreed to have the United States authorities charter the vessel, but it feels that it cannot consent to have a vessel which it had—acting fully within its sovereign rights—requisitioned, and which had therefore become a Netherlands Government vessel, simply taken away from it and taken over by the United States authorities.
[Page 47]The Netherlands Minister has therefore been instructed urgently to request that in view of the special circumstances of this case, the United States authorities concerned restore the vessel Wilhelmina to the Netherlands flag. However, in order not to deprive the United States Government of the immediate use of this vessel, for which it has probably made arrangements, the Netherlands Government is quite willing to have the Wilhelmina chartered by the War Shipping Administration—on a bare boat basis—for a limited period to be agreed upon. In that way there will be no interference with the activities of the War Shipping Administration.
This will furthermore avoid the undesirable situation by which the United States Government takes over a ship belonging to a power with which the American Government is united in a common war effort.
The above mentioned action on the part of the United States Government has created a situation against which the Netherlands Government cannot but strongly object.