File No. 341.115Am319/153
The Ambassador in Great Britain (Page) to the Secretary of State
[Received 11.45 p. m.]
3752. In reply to my representations based on Department’s cablegram 2806,1 January 31, re Kankakee, Foreign Office refers me to its explanation of view taken by British Government as to position under the undertaking originally given to provide members of crew with free passage to their native country, which was cabled to Department in my 3706, 4th.2 Further, that it is felt that complaint made by Department against sending of ship to Marseille and thence to this country, via an African port, must be based on some misapprehension of circumstances of case and that British Government regard it as follows:
Kankakee is one of number of vessels owned by American Transatlantic Company which British Government believe to be entirely, or to large extent, enemy-owned. All these vessels therefore are liable to seizure to decide their status by prize court, but that in reply to request of United States Government the British Government on December 9 agreed as a concession to waive their right to capture all vessels belonging to that company at once and undertook “not to capture the remaining ships of the company” subject to certain conditions until decision given by prize court regarding cases pending. Kankakee, which had been captured on October 31, could not be covered by above undertaking, and British Government consider they would clearly be entitled to proceed to adjudication of the validity of the capture, but do not desire to insist upon their strict rights in this matter and are prepared after arrival of ship in England to release her to owners on security being given that she will be returned to jurisdiction of prize court for trial if required. For this purpose necessary ship be brought to England and prize proceedings instituted, when she can be released on bail, but it should be understood this action on part of British Government regarded by them as a concession and they can not admit that action already taken regarding this vessel is such as to call for any protest on part of United States Government. It is further stated that Kankakee was sent to Marseille instead of direct to United Kingdom for adjudication in consequence of arrangement made in interest of cargo owners and with their assent, and that vessel sent to a North African port to load a cargo for England in order to avoid necessity for bringing her to England in ballast.
Foreign Office also take this opportunity of calling attention to following circumstance which is causing British Government considerable disquiet. The undertaking above mentioned regarding remaining vessels of the company was made at request of United States Government in order that vessels might not be withdrawn from trade during this period, and it was a natural condition of this concession [Page 345] that the status of the ships be not altered in any way during period of grace, but British Government have learned that company is making attempts to sell vessels in order to transfer to another ownership or flag, the object being presumably to deprive British Government of right to capture and condemn the vessels in event of cases already instituted being decided in their favor. While not admitting that action contemplated could have this effect, it is stated that British Government can not allow the concession made at request of United States Government to be utilized with the object of defeating their belligerent rights, and state if one of these vessels is sold by the company during period before test cases heard, they will consider themselves absolved from the undertaking they have given and at liberty at once to capture the remaining vessels belonging to the company. Full text of note goes forward in next pouch.