File No. 763.72112/126

The Ambassador in Great Britain (Page) to the Secretary of State

No. 420]

Sir: I have the honor to transmit herewith enclosed a copy of the note from the Foreign Office I telegraphed you on the 26th instant (No. 483) defining the attitude of the British Government with regard to the so-called Declaration of London, 1909, together with [Page 312] a copy of a memorandum which accompanied the note, and a copy of the King’s order in council of the 20th instant relating to this matter.1

There will also be found attached a copy of a circular note I have just received from the Foreign Office relating to the same order in council and to the rules governing the proceedings in the British prize courts. Another copy of the King’s order in council of the 20th instant which accompanied the circular note is enclosed herewith, and there will be found as well, in the pouch which accompanies this dispatch, six copies of the prize court rules.2

I have [etc.]

Walter Hines Page

[Enclosure]

The British Secretary of State for Foreign Affairs (Grey) to the Ambassador in Great Britain (Page)

Your Excellency: I have the honour to transmit to you herewith a copy of an order in council made on the 20th instant, prescribing the extent to which the instrument signed on the 26th February, 1909, and known as the Declaration of London, will be adhered to by His Majesty’s Government during the course of the present war.

At the same time I have the honour to enclose a copy of the prize court rules which will govern proceedings in the prize courts established in the United Kingdom, and which either have been or will, it is anticipated, shortly be adopted throughout the British Empire.

All persons having any claims in respect of vessels or cargoes which are the subject of proceedings in the prize courts should take steps to have their interests represented in accordance with these rules. With respect to vessels Which may be in the custody of the prize courts established in the United Kingdom, I would call your attention to the following notice which appears daily on the front page of the Times newspaper:

PRIZE COURTS

Admiralty Marshal’s Office

Royal Courts of Justice, London, W. C.

Registry of the Prize Courts in Great Britain and Ireland

August 14, 1914 .

All persons having any interest in cargoes other than enemy cargoes laden on enemy ships captured as prizes, and requiring a release of such cargoes or portion of cargoes, should make enquiries in London at the offices of His Majesty’s procurator general, Treasury Chambers, Whitehall, and at the outports of the United Kingdom, at the offices of the agents for His Majesty’s procurator general, whose addresses can be obtained from the collectors of customs at such outports.

His Majesty’s procurator general will require proof of ownership and particulars as to freight, whether paid or unpaid.

In cases where the title of persons domiciled in allied or neutral States, or of friendly aliens domiciled in this country, who are interested in such cargoes, is clear and established without doubt to the satisfaction of the procurator general, such cargoes or portions of cargoes will be released with as little delay as possible, provided that no question of contraband arises, and subject to the adjustment of any matters relating to freight or other charges falling on the cargo. In more doubtful cases recourse to the ordinary prize-court procedure will be necessary. It will in most cases be convenient [Page 313] that the parties should communicate with the agent of the procurator general at the port where the ship is rather than with the procurator general himself.

I have also the honour to inform you that notice will be given on the front page of the Times newspaper of the institution of proceedings in cases in which vessels are in the custody of the prize courts in the United Kingdom. In cases where vessels have been detained in or brought into British ports outside the United Kingdom, it is not practicable to give similar notice in the press of this country; but with a view to minimising the inconvenience caused to subjects or citizens of allied or neutral States, I have made arrangements under which I shall be informed of the names of all ships detained in or brought into British ports. Lists of such ships will be communicated periodically to your excellency.

It is also provided in the prize court rules that where proceedings are instituted in respect of a ship purporting to be neutral, notice shall be sent to the consular officer of the state to which the ship purports to belong.

I trust that these arrangements will minimise the inconvenience to which subjects or citizens of allied or neutral States must inevitably be put, in this connection, by reason of the existence of a state of war.

I have [etc.]

For the Secretary of State:
Ralph Paget

  1. These documents are printed as telegraphed, ante, pp. 21920.
  2. Not printed.