File No. 763.72111/4976
The Secretary of State to the Secretary of War ( Baker)
Sir: I understand from your letter of May 5 and conversations with Major Brown of the Panama Canal Office that your Department [Page 1284] desires to know whether any risk of internment in neutral ports would arise in case of vessels owned by the United States or by the Panama Railroad Co. and operated by that company and engaged in supplying the military and civil necessities of the Panama Canal, which, after delivering their cargo at the Isthmus, should proceed to South American ports for the purpose of bringing back nitrates for the use of the United States Government, and which, both in the carriage of military and civil necessities to the Isthmus and the carriage of the nitrates on the return voyage, are paid therefor by the Government freight charges in the same manner as any other commercial vessels. In reply I have the honor to advise you that in my opinion such vessels engaged in commerce and submitting to the rules and regulations of neutral ports applicable to merchant ships, not flying the naval or transport flag, not armed, and not under command of naval or army officers, would not be properly subject to internment by a neutral country. As a neutral the United States has taken this position in the present war and has not interned vessels chartered by the British Admiralty, but forming no part of the military fleet and plying under the merchant flag and subject to rules and regulations applicable to merchant vessels in United States ports.
I should add, however, that there is, of course, always the possibility that neutral governments may detain such vessels for purposes of investigation and out of abundant caution endeavor to place them in the category of public auxiliary ships of the armed forces of a belligerent. In view of this possibility, I will be glad to make inquiry of the neutral governments concerned as to their attitude toward the vessels in question if you should desire me to do so.