File No. 763.72114/3355
The Secretary of the Navy (
Daniels) to the
Secretary of State
Washington,
March 4, 1918.
Sir: There is forwarded herewith a paraphrase
of a cablegram dated March 1, 1918, from Vice Admiral Sims, U. S. Navy, giving the
substance of a letter received by him from the British Admiralty in
regard to the disposition of prisoners of war captured by United States
naval forces in European waters.
[Page 54]
I have the honor to request the opinion of the Department of State on the
subject matter, in order that early action may be taken by the Navy and
War Departments.
Sincerely yours,
[Enclosure—Telegram—Paraphrase]
Vice Admiral Sims, Commanding Naval Operations in
European Waters, to Admiral Benson, Chief of Naval Operations
No. 4549 re my No. 4048. The following is the
substance of letter received from the Admiralty:
In regard to this matter, after consulting with the Army
Council their lordships have come to the conclusion that the
most satisfactory course will be to regard such prisoners of
war as entrusted to British custody temporarily, in order
that it may be possible at any time to transfer them to the
United States if such a course is considered advisable. If
this arrangement be adopted, any prisoner who may be handed
over to the British authorities by the United States naval
forces will receive the same treatment and privileges as
other prisoners of war in British hands, but will not be
entitled to arrangements by any agreements concluded by His
Majesty’s Government and enemy governments for the
repatriation, exchange or internment in a neutral country of
prisoners of war. Further, as such prisoners will be
accounted as captures made by the United States naval forces
by whom they are entrusted for the time being to the British
authorities, it would appear necessary that notification of
their capture to the enemy, prescribed by article 14 of the
fourth Hague convention, should be made by the original
captor and not by His Majesty’s Government. At any time
subsequent, arrangements could then be made to transfer such
prisoners to the United States, should a request to that
effect be received. As it appears to their lordships to be
of importance to obtain the concurrence of the United States
Government in any arrangement respecting the custody and
disposal of prisoners of war captured by the United States
naval forces, they are causing a copy of the correspondence
in regard to this matter to be communicated to the
“Prisoners of War Department” with the request that steps
may be taken to ascertain through the diplomatic channels
whether the United States Government are in agreement with
the procedure which it is proposed to adopt.
Am orally informed by the Admiralty, with respect to notification,
that the German Government was furnished with a list of names of
these prisoners by the British authorities shortly after capture. No
mention was made as to the nationality of forces making capture, in
transmitting the list, nor details thereof. Omission of such mention
is in accordance with general practice. 06101.
