The armed merchant steamer Ida of New York has recently, although not bound for a Norwegian port, passed along the Norwegian coast with a crew on board consisting of a petty officer and 12 sailors belonging to the United States Navy. In this connection the Foreign Office has the honor to announce in regard to gun crews on board such ships-while referring to Minister for Foreign Affairs' communication to Mr. Albert G. Schmedeman, of April 26 last-that it is important, in order that the ships may be considered as merchant vessels, that the appearance of such crews on board should have a civilian character in that all the members wear civilian clothes, that they be subject to the master's command and be entered on the crew's list. SCHMEDEMAN TREATMENT OF GERMAN MERCHANT SHIPS IN AMERICAN PORTS PRIOR TO THE DECLARATION OF A STATE OF WAR File No. 763.72111/4509a The Secretary of State to the Governor of the Hawaiian Islands (Pinkham) [Telegram] WASHINGTON, February 10, 1917. Reported here to Swiss Minister in charge of German interests that German refugee boats have been seized by territorial authorities and officers and crews detained. Will you be good enough to telegraph me as to truth of this report, and as to whether the report arises from the seizure of the interned ships Geier and Locksun by naval authorities. ROBERT LANSING File No. 763.72111/4508 The Governor of the Hawaiian Islands (Pinkham) to the Secretary of State [Telegram] HONOLULU, undated. [Received February 12, 1917, 8.15 a. m.] United States military guard placed on board eight German merchant ships, Pommern, Holsatia, Setos, Staatssekretar, Kraetke, Loongmoon, Gouverneur Jaeschke, Prinz Waldemar, and Hermes February 4 at request collector customs to prevent possible sinking or destruction of vessels or damage to wharves or shipping in harbor. Crews were interned February 4. Four o'clock afternoon February 8, Commander, Hawaiian Department informed President, Board Health ships Pommern and Holsatia insanitary, menacing public, health. Under Chapter 66, Revised Laws Hawaii, 1915, amended by Act 96, Session Laws, 1915, board ordered Hackfeld Company, agents of owners, to clean ships within 24 hours. Hackfeld replied, crews interned and vessels in charge representatives United States, therefore out of their control. Hackfeld failing to comply, Board Health cleaned vessels. Vessels still under guard by military as per collector's request. Board officials remained only sufficient time to clean vessels. PINKHAM File No. 763.72111/4508 The Secretary of State to the Governor of the Hawaiian Islands (Pinkham) [Telegram] WASHINGTON, February 12, 1917. Your telegram regarding German merchant ships. No German ships in United States ports have been placed under guard and crews interned except one German vessel which came into Norfolk as a prize and subsequently was libeled by the owners and now in the custody of the United States court. German merchant ships merely war bound in United States ports have only been under such surveillance as has been necessary to protect the vessels themselves and the navigation of American waters. In one or two cases where a German vessel has been sunk in the navigable channel, thus being a danger to navigation, the persons responsible have, I am advised, been prosecuted. In view of the practice in the United States and the present critical situation, I venture to suggest that German merchant vessels war bound in Hawaiian ports be not seized by Hawaiian authorities nor their crews taken into custody, and that action against them be limited to legal procedure for violations of law. Such practice would be consistent with the handling of similar cases in the United States and would not subject the Government to criticism for initiating harsh measures. ROBERT LANSING File No. 763.72111/4515 The Governor of the Hawaiian Islands (Pinkham) to the Secretary of State HONOLULU, undated. [Received February 13, 1917, 9.20 p. m.] All transactions of local representatives have been respectively reported Treasury, Justice, Immigration, War, and Navy Departments, Washington. The policy you specify is being carried out. PINKHAM File No. 763.72111/4684 The Attorney General (Gregory) to the Secretary of State WASHINGTON, February 15, 1917. 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― 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: 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. New York, N. Y. Boston, Mass. Philadelphia, Pa. 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, 114203-31-36 T. W. GREGORY File No. 763.72111/4542 The Secretary of War (Baker) to the Secretary of State WASHINGTON, February 16, 1917. SIR: Referring to previous correspondence relative to the treatment of German vessels and their crews in Philippine waters,' I beg to quote below a cable just received from the Governor General of the Philippine Islands bearing to-day's date: Referring to telegram from your office of 15th inst., German vessels in Philippine ports are in custody of collectors of customs; have constabulary guards on board and sufficient technical personnel furnished at Manila by United States Navy, and at other ports by customs, to safeguard the vessels and prevent deterioration. All instructions contained in your telegram of February 7 literally carried out immediately on receipt; in fact everything you required had already been done before the receipt, except to notify them that they might dismantle their vessels. The greater part of the officers and crews taken from the German ships in Manila Harbor were, upon written request of German Consul and of their own volition, transported at the expense of the Government to Baguio where they are quartered in government buildings and fed at the expense of the Government. They are perfectly free to come and go as they wish, are not guarded, and are managed by a committee of their own officers. They are apparently well pleased with their condition. The masters of all the vessels in Manila Harbor have filed formal protests against their occupation by our guards. These protests were filed under instructions from their New York office. This cable is in reply to our cable to the Governor General of the 15th instant, as follows: Referring to telegram from this office of the 7th instant, what is present status of German vessels and of their crews? My cable of the 7th, referred to above, was as follows: It is of utmost importance that it be made plain that German merchant ships have not been seized and that crews are not in any sense imprisoned or interned, but that steps taken are purely for the protection of the harbor and other shipping. Suggest that you inform German Consul that the Insular Government claims no interest in ships and will permit their crews to dismantle them if they desire, but can not permit their destruction in the harbor or at places where other shipping will be endangered. Also that officers and crews of ships be accorded all the rights and privileges of other foreigners temporarily resident in the Islands and be made to understand that their movements are entirely unrestricted, subject only to the common obligation of all to obey the law. 1 Very respectfully, 'Not printed. NEWTON D. BAKER |