File No. 341.115Am319/226
The British Ambassador (Spring Rice) to the Secretary of State
[Received July 5.]
Sir: I did not fail to communicate to His Majesty’s Principal Secretary of State for Foreign Affairs your note of the 10th May last, with regard to the vessels belonging to the American Transatlantic Company, in which you state that Sir E. Grey had informed the American Ambassador in London that His Majesty’s Government “were willing not to capture the remaining ships of the company [Page 406] unless they were found to be carrying contraband, until the prize court has given a decision in the cases which are now pending, provided of course that the proceedings are not unduly prolonged by the defendants.” Referring to this communication and to my note No. 1061 of the 22d April, in which it was stated, in connection with the voyage of the Winneconne on which she carried goods to Gothenburg which were forwarded to Germany, that the immunity from capture at present enjoyed by the company’s vessels could only be continued provided that an assurance was given by the company that their vessels would not trade with Scandinavia or Holland, you enquire whether it is the intention of the British Government to repudiate their promise with regard to the treatment of these vessels, which has been relied upon by the United States Government, and by the owners of the ships.
I am now instructed to inform you, in reply to this enquiry, that His Majesty’s Government have certainly no intention of repudiating this promise. The conditional undertaking, as quoted in your note under reply, was that His Majesty’s Government would not capture the vessels, i. e., that they would not capture them as being enemy property, and from this undertaking there is no intention of departing. This undertaking, however, cannot be taken as implying more than is actually stated, and the vessels cannot be allowed any special facilities, nor can His Majesty’s Government consent to the removal of any disabilities under which they may be, except on the usual conditions applicable to all vessels in similar circumstances.
As regards the legal questions relative to the status of the company’s ships, and to the attitude of the British prize courts as indicated in previous cases, I am instructed to observe that the arguments on behalf of the company on these points will no doubt be fully presented to the court at the hearing of the cases now pending, and His Majesty’s Government trust that the United States Government will, in accordance with the practice usually obtained in such matters, be ready to postpone the discussion of such legal points as may arise until the cases shall have come before the competent court.
I have [etc.]