File No. 763.72111/4684
The Attorney General ( Gregory ) to the Secretary of State
My Dear Mr. Secretary: Replying to your telephone inquiry as to what action this Department has taken relative to crews of German ships since February 3, I desire to say that on February 2 the Department sent the following telegram to United States attorneys at ports where German or Austrian ships were known by this Department to be in United States waters:
You are especially directed, acting with the collector of customs and the marshal, to take prompt measures against destruction of German ships in waters within your district. It is possible that attempts may be made by their crews to sink or destroy such ships. Your attention is especially called to the following statutes: 30 Statutes 1152, sections 15 and 16; Revised Statutes, 4602; Criminal Code, sections 286, 296, 300. If you have grounds for suspicion of plans to violate, commence conspiracy proceedings at once. Confer with marshal as to appointing such deputy marshals as may be necessary to deal with situation and report fully. Do not hesitate to take vigorous action if situation seems to demand the same.
On February 6 and 7, the United States attorneys at the following points were instructed not to institute any criminal prosecutions, and to dismiss any suits already instituted, as follows:
Do not institute any criminal prosecution against officers of crew of German or Austrian vessels for destruction or injury to machinery until you report fully to me and receive specific instructions. If any suits or arrests based on above action have been instituted, dismiss the same. Proceed under 30 Statutes 1153, section 16, in case vessel has been sunk or is obstruction to navigable waters.
Above telegram sent to United States attorneys at—
- Philadelphia, Pa.
- Richmond, Va.
- Tampa, Fla.
- New Orleans, La.
- Portland, Oreg.
- Macon, Ga.
- Honolulu, Hawaii.
- Pensacola, Fla.
- San Juan, P. R.
- Boston, Mass.
- New York, N. Y.
- Baltimore, Md.
- Houston, Tex.
- Seattle, Wash.
- San Francisco, Calif.
So far as the Department knows, no criminal prosecutions are pending against the crews of any of the ships in these ports, and any prosecutions that were instituted have been dismissed.
On February 4 instructions were sent to the following United States attorneys to prosecute for any violations of the immigration law, as follows: [Page 561]
Commissioner of Immigration has issued instructions to immigration officers throughout the country and Porto Rico and Hawaii to take into custody all officers and crews of German and Austrian merchant vessels lying in ports of the United States if the crews shall attempt to leave the vessels, and also to arrest and detain any members of such crews who may already have left. You and the marshal are instructed to take all steps that may be necessary to prosecute any violations of the immigration law.
Above telegram sent to United States attorneys at—
- Pensacola, Fla.
- Tampa, Fla.
- Charleston, S. C.
- Wilmington, N. C.
- Houston, Tex.
- San Juan, P. R.
- Honolulu, Hawaii.
- New York, N. Y.
- Boston, Mass.
- Philadelphia, Pa.
- San Francisco, Calif.
- Seattle, Wash.
- New Orleans, La.
- Portland, Oreg.
- Baltimore, Md.
- Richmond, Va.
- Macon, Ga.
Later, the Department, on February 7, instructed the United States attorney at Pensacola, Fla., to discontinue any proceedings for violation of section 8 of the Immigration Act.
On February 7, the United States attorney at Wilmington, N. C., was instructed to take no action for arrest of officers or members of the crew.
On February 7, the United States attorney at Seattle, Wash., was instructed to discontinue proceedings for violation of section 8 of the Immigration Act.
On February 7, the United States attorney at Honolulu cabled that he would dismiss all arrests made under the provisions of Revised Statutes, section 4602.
So far as the Department is informed at the present time, there are no criminal proceedings pending, instituted by it against crews for violations of the Immigration Act.
You will note that the Department has issued no instructions to refrain from prosecuting, or to dismiss prosecutions, for violations of the criminal laws relative to the obstruction of navigable channels. It was the intention of the Department to prosecute all persons guilty of violation of these laws, and particularly the officers and crew of the steamer Liebenfels at Charleston, S. C. The United States attorney at Charleston, I understand, is still waiting for specific instructions with regard to this case.
Respectfully,