411.60d Finnish Vessels/163

The Secretary of State to the Finnish Minister (Järnefelt)

Sir: The receipt is acknowledged of your note of July 26, 1935, regarding the claims for the alleged detention of certain Finnish sailing vessels in ports of the United States in 1917–1918, in which you state that the statements, arguments and conclusions set forth in the memorandum prepared by counsel for the Finnish claimants and delivered at the Department of State on January 30, and in the communication delivered to the Department on April 4, 1935, are to be regarded as reflecting the views and position of the Finnish Government on the subject.

It occasions no little surprise that the Finnish Government has seen fit to endorse those statements, arguments and conclusions, without qualification.

It will be recalled that in discussions that took place at the Department the latter part of last year it was explained that the Department has repeatedly stated reasons why it considered that there was no valid basis for claims against the United States on account of the alleged detention of these vessels, and that if the matter were reopened it would be necessary for your Legation to bring together in concise form all the facts and arguments upon which it was desired that the claims should be predicated, supported by all the evidence, documentary or otherwise, relied upon; that the Department would then furnish you with its answer to these contentions in the hope that your Government would be convinced that no legal foundation for an international claim exists, and that consideration of the question whether your request for a remedy in the Court of Claims should be recommended to the Congress would be deferred pending the exchange of these communications.

It was stated in the conversations above referred to that if it should be decided, after consideration of the restatement of the case and the Department’s answer thereto, that the claim should be allowed to go before the Court, this would be permitted only on the understanding that the losing party should pay all the costs incident to such litigation. The restatement of the case in behalf of the claimants brought out no evidence or arguments not previously considered by the Department on previous occasions when the claim was rejected.

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The Department is thoroughly convinced that there is no element of liability on the part of this Government in these cases; that such lack of liability has been clearly demonstrated by the answer to the contentions of your counsel; and that the Department would not be able to support a recommendation to the Congress that the Court of Claims be asked to pass upon the cases and the officers of the Government be called upon to defend them before the Court.

It is to be hoped that your Government on further consideration of the matter will agree with these conclusions.

Accept [etc.]

Cordell Hull