Evening star., 1940-01-05
j. ). 10 Hold
Britain Liable
For Seized Ships
ForcibIe Diversion of
Vessels Into Combat
Protested by Hull
Bv GARNETT ID. HORNER.

BY GARNETT ID. HORNER.
The United States will hold Great
Britain responsible for any losses or
injuries to American interests re-
sulting from forcible diversion by the
British of American vessels into the
European combat zone, Secretary OF
State Hull said today.
The United States position was
made clear to Great Britain in a
note from Secretary Hull to Lord
Lothian, British Ambassador here,
on December IA.
The State Department made the
note public today following reports
that the American steamship Moor
macsun, en- route to Bergen, Norway,
had been taken into the British port
OF Kirkwall yesterday.
U. S. Ships Barred From Zone.
Secretary Hull'S note to Lord
Lothian pointed out that under the
United States Neutrality Act it is
Illegal for American vessels to carry
cargo to belligerent ports in Europe
or to enter the So-called combat
zone around the British Isles and
other belligerent ports.
II feel that I should inform your
excellency,' the note read, that this
Government for itself and its ma
tionals reserves all its and their
rights in the matter and that it will
be expected that compensation for
losses and injuries resulting from
the il1fraction of such rights. will
be made as matter of course
Mr.. Hull made it clear at his press
conference that this Government
would support any claims for dam
ages resulting from violations of
international law by any of the
belligerent powers
Earlier Note.
In the December IA note the Sec
retary wrote Lord Lothian:
1T is difficult for my Government
to foresee, as practical matter, any
occasion necessitating the entry of
American vessels into belligerent
ports.
Ii, despite those considerations.
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 provisions of the neutrality
law, they are prohibited from enter
ing, the Government of the United
States viii feel it necessary to ex-
anime carefully into all of the facts
of the case and to take such fur
ther action as the results of such
examination appear to make neces-
sary or expedient."
Discussions Reviewed.
The note reviewed the history of
discussions since September with
the British in regard to British
efforts to prevent contraband goods
from reaching Germany. 1t recalled
that on September 10 the British
had suggested that American vessels
should call voluntarily at contra.
band control bases" to avoid search
on the high seas.
This was done for a time. but
then the new Neutrality Act was
enacted and it's provisions pro-
claimed by the President made it
illegal for American vessels to enter
any British, French or German
ports as we'll the wide combat zone
around Northern Europe.
Traffic Only With Neutrals.
Secretary Hull's note of December
IA referred to note from the British
Ambassador on November 9, after
the Neutrality Act went into effect.
Your eXcellency's note" Mr.. Hull
wrote, lis understood as undertaking
to reserve a right of your govern
ment to divert American vessels to
such bases (contraband control
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
the law.
Since, under the Neutrality Act,
1t is illegal for American vessels to
carry cargo to belligerent ports in
Europe and North Africa, such YES
sells will, of necessity, be carrying
only such cargo as is shipped from
one neutral country to another"
Such cargo is entitled to the pre-
sumption of innocent character in
the absence of evidence justifying
suspicion to the contrary" the note
continued.
1T is my understanding that
American steamship companies op-
Grating vessels to European destina-
tions, putting aside certain of their
rights under accepted principle of
international law, have voluntarily
indicated willingness to cooperate
with the British authorities in every
practicable manner intended best to
serve the mutual interests of them
selves 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.
1T is my belief that such a spirit
of liberality on the part of American
shipping interests should be met by
a corresponding degree of accom-
modation and f1eXibility on the part
OF the British government. and that
such mutual Differences should avoid
giving occasion for the forcible di-
version of such American vessels to
belligerent ports which they are, by
the law of the United States, pro-
hibited from entering"
MOOrmacsun Case PrObed.
1t was upon these considerations
that Mr.. Hull based his statement
that he could see no occasion ne
ceSsitating entry of American YES
sells into British ports.
The State Department was in
vestigating the report of the diver
sion of the Moormacsun into the
combat area. The department was
advised by the owners of the ship,
the Moore g. Mccormack Line, last
night that the line had received a
radio to the effect that the ship
had heen taken into Kirkwall