File No. 300.115/1877

The Consul General at London (Skinner) to the Secretary of State

No. 176]

Sir: Referring to several cabled instructions from the Department directing me to be of assistance to shippers of goods in the seized ships Alfred Nobel, Fridland, and Björnstjerne Björnson, I have the honor to report that I am making active representations to the procurator general, and also asked the Foreign Office for a statement of the reasons for the detention of the goods some time ago. Such a statement is indispensable in order that consignors may protect their interests. The Foreign Office has replied in the form of notes to the Embassy, copies of which I enclose. On receipt of the note in relation to the Alfred Nobel , I stated to the Ambassador that, while no doubt the Foreign Office intended to be as helpful as possible, the Secretary, perhaps, did not realize that with his brief statement in hand it would be quite impossible for me to make proper reply to many inquiries on the subject. I continued as follows:

It is clearly the case that when a ship is arrested and brought into port, the British authorities possess certain definite grounds for taking this action, and the disclosure of these grounds is not at all likely to imperil the ends of justice, or the military situation. On the other hand the lack of such knowledge renders it very difficult for American shippers to comprehend their position and to determine upon an appropriate course of action.

I have never doubted that the prize court would give the owners of cargo every facility to establish their rights, but unless information is promptly forthcoming, weeks and months may elapse before these rights can be determined; and in the meantime shippers are subjected to heavy losses of various kinds.

In reply to the second note from the Foreign Office relating to the Björnstjerne Björnson and the Fridland, I have to-day written the Ambassador as per copy enclosed.

I have [etc.]

Robert P. Skinner
[Page 365]

[Enclosure 1]

The British Secretary of State for Foreign Affairs (Grey) to the American Ambassador (Page)

No. 73180/14]

Your Excellency: With reference to an enquiry dated the 18th instant which has reached the board of trade from the United States Consul General respecting the intentions of His Majesty’s Government as regards the cargo on board the S. S. Alfred Nobel , I have the honour to inform your excellency that His Majesty’s Government have decided to put this vessel and her cargo into the prize court where every facility will be given to owners of the cargo to establish their rights.

Your excellency will be duly informed of the finding of the court.

I have [etc.]

[File copy not signed]

[Enclosure 2]

The British Secretary of State for Foreign Affairs (Grey) to the American Ambassador (Page)

The Secretary of State for Foreign Affairs presents his compliments to the United States Ambassador and has the honour to inform his excellency, with reference to an enquiry dated the 18th instant addressed by the United States Consul General to the board of trade on the subject of the detention of the steamships Fridland and Björnstjerne Björnson, that these vessels and their cargoes have been put into the prize court where every facility will be given to owners of the cargo to establish their rights.

The United States Embassy will be duly advised of the finding of the court.

[Enclosure 3]

The Consul General at London (Skinner) to the Ambassador in Great Britain (Page)

Sir: I have the honor to acknowledge, with thanks, the receipt of your letter dated December 1 transmitting information from the Foreign Office in regard to detention of the steamships Fridland and Björnstjerne Bjornson. The Secretary of State for Foreign Affairs mentions that these vessels and their cargo have been put into the prize court “where every facility will be given to owners of the cargo to establish their rights.” As I stated to you in my letter of the 27th ultimo, this communication is not particularly informing, as it seems to follow naturally that neutral ships arrested at sea will be taken before the prize court eventually, unless, in consequence of informal representations, they are released. It is believed that in many cases, if owners of cargo were allowed to know more explicity why their consignments are under suspicion, they might clear up the matter promptly and advantageously to a good understanding on every side.

The expectation held out to them that they must await a formal decision from the prize court in all instances is most unsatisfactory. Large amounts of money are involved in these matters, costs multiply, and it is not unreasonable that prompt information should be given of all facts, which are not confidential in their nature, but which would be helpful in preparing a defense, and in formulating a request for release. A great many vessels were brought to the United Kingdom at the beginning of the war four months ago, and their cargoes are still undisposed of. If the owners of cargo shipped in the vessels under consideration must also wait four months for a decision they can scarcely expect to be entirely satisfied with their treatment. The procurator general is doing everything in his power to dispose of cases which are taken before the prize court in the regular way, but the court Is congested, and in the meantime, in some cases brought to my attention, accumulated costs equal the value of the goods themselves.

[Page 366]

At the present time the Swift Packing Company, one of the best-known concerns in the United States, and conscious of the correctness of its intentions, is asking what proofs or guarantees the British. Government requires in order that its goods in these ships may be released, and promises to produce these guarantees. If no answer is to be made to this appeal, and if the whole subject must remain in abeyance until the prize court can pass upon it, they will feel, without any doubt, much aggrieved.

I mention all the foregoing, not so much in a spirit of criticism, as because I deem it probable that the Foreign Office does not fully appreciate the difficulties which confront traders in these difficult times, and with this somewhat informal statement before it, might be disposed to lend itself to a prompt adjustment of pending issues without insisting upon the terms of its notes, Nos. 73180 and 73177, to yourself.

I have [etc.]

Robert P. Skinner