US discusses its actions in regards to activities involving belligerent nations, December 14 1939

Abstract

Letter regarding President's Proclamation of November 4, Neutrality Act, legality of American vessels in 'combat zones', and American shipping interests to belligerent ports. It includes notes in margins by UK diplomats.

Metadata

Item Type:	Formal letter
Date:	14 December 1939
Title of document:	US discusses its actions in regards to activities involving belligerent nations
Authors or Creators:	Hull, Cordell (US Secretary of State)
Recipients:	Kerr, Philip Henry (UK Ambassador to US)
Places:	Europe > Northern Europe Europe > Northern Europe > United Kingdom The Americas > North America > United of States of America Africa > Northern Africa Europe > Southern Europe > *Gibraltar (British colony)
Reference:	FO 115/ 3420 - Blockade British
URI:	http://archive.atlantic-archive.org/id/eprint/605

Document text

Excellency:
DEPARTMENT OF STATE
WASHINGTON
December 14, 1959
I have the honor to acknowledge the receipt of
/jm Your Excellency's note, no. 471, of November 9, 1939
in regard to certain provisions of the Neutrality Act
of 1939 and to the President's Proclamation of Novem-
ber 4, issued pursuant to the terms of Section 3 of
that act, in which you inform me that your Government
it
\w^"r      ^ee^-s obliged formally to reserve its rights in the
PR
mm?.
^j^^J^^^^^^atter of the exercise of belligerent activities in
S3?
respect to United States vessels in the manner indi-
. cated in your note of September 10, 1939
 (Grift)
It was suggested in that note that neutral ves-
t^fv    sels en route to certain countries should voluntarily
call at one of the several "contraband control" bases
}6lJ   q\ His Excellency
\s   v*" Uf The Right Honorable
designated
J*
The Marquess of Lothian,
British Ambassador.
-2-
designated by your Government in order that the examina-
tion of their cargoes might be facilitated, by examina-
tion in port rather than on the high seas.    Since, pur-
suant to the Act of Congress approved November 4, 1939,
and the President's Proclamation of the same date, it
becomes illegal for American vessels to enter the so-
called combat zone about the British Isles and the
Northern coast of Europe, they are thereby precluded
from voluntarily entering the "contraband control" bases
within the combat zone, and Your Excellency's note is
understood as undertaking to reserve a right of your
Government to divert American vessels to suoh bases, by
force if necessary, acting, in that respect, without
regard to the municipal law of the United States or
the rights, obligations, and liabilities of American
vessels under that law.
In this connection I am impelled to bring to the
attention of Your Excellency's Government the following
considerations which I conceive to be of such importance
as
1
-3-
as to merit most careful notice.
First.    Since, under the Neutrality Act, it is il-
legal for American vessels to carry cargo to belligerent
ports in Europe and Northern Africa, such vessels will,
of necessity, "be carrying only such cargo as is shipped
from one neutral country to another.    Such cargo is
entitled to the presumption of innocent character, in
the absence of substantial evidence justifying a sus-
picion to the contrary.
Second.   It is my understanding that the American
steamship companies operating vessels to European desti-
nations, putting aside certain of their rights under
accepted principles of international law, have volun-
tarily indicated a willingness to cooperate with the
British authorities in every practicable manner intended
best to serve the mutual interests of themselves and
the British Government in those circumstances in which
the respective rights of the two parties might be regarded
by them as in some respects in conflict.    It is my belief
that

B
-4-
that such a spirit of liberality on the part of American
shipping Interests should he met by a corresponding
degree of accommodation and flexibility on "the part of
the British Government, and that such mutual deferences
should avoid giving rise to any occasion for the forcible
diversion of such American vessels to those belligerent
ports which they are by the law of the United States
prohibited from entering.
In view of these considerations, it is difficult
for my Government to foresee, as a practical matter, any
occasion necessitating the entry of American vessels
into belligerent ports.    If, despite these considera-
tions the British authorities should feel it necessary
to compel any American vessel to enter the combat area
or any of those belligerent ports which by the pro-
visions of the neutrality law they are prohibited
from entering, the Government of the United States will
feel it necessary to examine carefully into all of the
facts of the case and to take such further action as
the
I
the results of such examination appear to make necessary
or expedient.   Meanwhile, I feel that I should inform
Your Excellency that this Government, for itself and
-
its nationals, reserves all its and their rights in the
matter and that it will be expected that compensation
for losses and injuries resulting from the infraction

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