File No. 763.72111/1273

The British Ambassador ( Spring Rice) to the Secretary of State

No. 448]

Sir: With reference to my note No. 432 of the 18th instant on the subject of the neutrality rules of the Panama Canal Zone I have the honour to inform you that I have received a further statement from His Majesty’s Minister in Panama to the effect that certain British colliers had violated the quarantine regulations by arriving without a bill of health from an American consular officer at the port of departure, as the law requires. These acts, the Minister states, were involuntary on the part of the masters of these vessels but representations have been made and steps have now been taken in order to inform British masters as to the requirements of the law.

With regard to the statement as to the improper use of the wireless apparatus by British ships, the Minister states that only one of them, the Protesilaus, was fitted with a wireless apparatus and that he had understood from the master that this was dismantled immediately on the arrival of the ship in port. It appears, however, from subsequent enquiries that she received a wireless code message while lying in the bay at 8 p.m., December 10, and requested the landing station to receive in plain language a message for the British Consul. The reply was in the negative and the wireless was then dismantled and was not used again.

With regard to the breach of the “law” (but not of the “neutrality” regulations) by the steamer Mallina, as already explained, she had not received her clearance papers at the hour fixed for her departure by the authorities, under the neutrality rules, and she consequently chose the lesser of the two evils, by leaving without her clearance papers. The Mallina had no wireless apparatus.

The action of the local authorities in the case of the Protesilaus was of course in entire accordance with the practice observed in United States waters and which has been the subject of correspondence with this Embassy. The British Government, as you, Sir, are aware, has always been of the opinion that the sealing of wireless apparatus in neutral waters is right and proper.

The Minister’s report has been transmitted to Sir Edward Grey, who has now instructed me to inform you that the British Government will impress upon British shipmasters the duty of studying the neutrality rules of the Zone and of adhering to them as closely as possible. But I venture to point out that the rules are not six weeks old and that until they are well known and have been acted on for some time incidents such as that of the Mallina are liable to occur. [Page 655] Should this happen, which I trust will not be the case, the requisite action will no doubt be taken by the United States authorities with their wonted courtesy and consideration and His Majesty’s Government confidently hope that too much importance should not be attached to such incidents especially at this early date after the publication of the rules.

I have [etc.]

Cecil Spring Rice