File No. 351.622a/70
The Chargé in Germany (Grew) to the Secretary of State
No. 4324
Berlin,
October 13, 1916
.
[Received November
6.]
Sir: With reference to the Department’s
telegram No. 29682 of May 3d, 4 p. m., I have the honor to report
that the information contained therein, concerning the German stowaway
on board the S. S. Missourian of the
American-Hawaiian Steamship Company, was duly transmitted to the
Imperial Foreign Office in a note verbale of May
5.
[Page 660]
I am now in receipt of a reply from the Imperial Foreign Office, dated
October 11, of which copies and translations are herewith enclosed. The
Imperial Foreign Office therein takes the position that when the captain
of the vessel surrendered the stowaway he was returning a prisoner to
his captors after he had made his escape to a neutral territory.
I have [etc.]
[Enclosure—Translation]
The German Foreign
Office to the American
Embassy
Nr. III a 11055/174012
Note Verbale
According to the note verbale of the Embassy of the United States of
America, dated May 5, 1916, Foreign Office No. 9695, the American
Government believes that it ought not to take any steps to cause the
French Government to release the German sergeant major, whom the
captain of the American S. S. Missourian
surrendered to the enemy on the high seas. The American Government
is of the opinion that the captain of a vessel alone has to decide
whether he will keep a stowaway on board or not; it also fails to
see for what reason it should reprimand the captain.
The Imperial Government shares the opinion that, generally speaking,
it must be left to the captain whether he will keep a stowaway on
board or not. The present case, however, does not concern this
privilege, but only the fact that the captain handed over an escaped
prisoner of war into captivity. This action contravenes
international law; for the American ship was neutral territory, from
which escaped prisoners of war may not be surrendered (cf. also
Article 13 of the fifth Hague convention of October 18, 1907,
regarding the rights and duties of neutral powers and persons in war
on land).
In accordance herewith the German Government again begs to express
the expectation that the American Government will take steps in
order that the French Government again release to it the German
sergeant major, as well as that it will point out to the captain of
the American vessel the incorrectness of his action.
The Foreign Office would appreciate it if the Embassy would bring the
foregoing to the knowledge of its Government.
Berlin
,
October 11, 1916
.
