J3
DEPARTMENT OF STATE
FOR THE PRESS
OCTOBER 28, ?.9?9
NO. 549
THE CITY OF FLINT
The City of Flint        captured by a German cruiser
at an estimated distance of some 1250 miles from New York,
with a mixed cargo destined for British ports.   The date
of capture is understood to have "been October 9.
The Citv of Flint was taken into the harbor of Tromso
on October 21, with a German crew and flying the German
flag.   After remaining two hours to take water, it was
ordered by the Norwegian Government to depart, which it
did.
The City of Flint was taken into the harbor of
Murmansk on the evening of October 23.
On October 25 the American Charge d1Affaires cabled
from Berlin that the Foreign Office at its press conference
said that the City of Flint was captured by a German vessel
and contraband was found on boar (it, destined for England.
The Foreign Office then added that it was found, however,
that the ship was unseaworthy in that it did not have
navigation charts adequate for bringing the ship into a
German port.
When the vessel entered the harbor of Murmansk, ac-
cording to an announcement presumably from the Soviet Govern-
ment through the Tass news agency,  "the naval forces at the
port of Murmansk have temporarily held the vessel and in-
terned the German crew."
On October 25 the American Chargl d1Affaires at Berlin
cabled that the German Foreign Office, referring to the
seizure of the Citv of Flintr said that "the German authori-
ties were communicating with the Soviet authorities in the
matter.»
On the same day (October 25) the Tass agency reported
that "the German crew of the cargo steamer City of Flint has
been released from internment by the maritime authorities of
Murmansk in view of the fact, as has been established, that
the vessel was brought into port for repair of her machinery.
The vessel is meanwhile remaining in Murmansk for verifica-
tion of the exact composition of her cargo".
On October 26 the American Chargl d1Affaires cabled
from Berlin quoting a memorandum received that morning from
the Foreign Office relative to the Citv of Flint and its
crew, which among other things stated that "a prize crew
placed on board (the Citv of Flint) has brought the steamer
to the harbor of Murmansk because of sea damage". When
transmitting the memorandum an official of the Foreign Office
stated informally to the Charge that the Foreign Office had
no details as to the damage which necessitated taking the
ship to Murmansk, but he maintained, in response to an in-
quiry, that the term "damage" would cover the case of a ship
lacking charts with which to navigate the waters througjh
which she had to proceed.
For some reason as yet unexplained the German cre*v
was interned in spite of the fact that according to the
German authorities they were without charts and had put
into Murmansk because they could not proceed to a German
port without charts.    Later they were released seemingly
under a plea that their entry into Murmansk was required
for necessary repairs to defective machinery.
A prize crew may take a captured ship into a neutral
port without internment only in ease of stress of weather,
want of fuel and provisions, or necessity of repairs. In
all other cases, the neutral is obligated to intern the
prize crow and restore the vessel to her former crew.
The conclusion from the foregoing facts and circum-
stances indicates that when the City of Flint entered the
harbor at Murmansk, any plea relating to the chart require-
ments if advanced must have been ignored since the German
crew was interned.    A second and entirely different reason
for entering Murmansk, namely, defective machinery which
called for immediate repairs, was not advanced until later.
A subsequent cable from the American Charge' d1 Affaires at
Berlin, also dated October 26, quoted a statement of the
Foreign Office at its noon press conference to the effect
that the fact that the Russians have freed the German crew
indicates that the Soviet authorities have confirmed the
view of the prize crew that the CIty of Flint was unsoa-
worthy and it was therefore permissible to take the ship
into a neutral harbor.
Testimony of the American crew as to the full facts
pertaining to the taking of the City of Flint into Murmansk
is not yet available.
It seems manifest that even if it is assumed that the
German crew was proceeding legally prior to the entry of
t'h'e City of Flint into the harbor of Murmansk, the known
facts and circumstances support the contention of the
American Government that the German crew did not at the
time of entry offer any reasonable or justifiable grounds
such as are prescribed by international law for taking the
vessel into this port, and that therefore it was the clear
duty of the Soviet Government to turn the City of Flint
over to the American crew.    This has been the major conten-
tion of the American Government.
In view of the foregoing facts and circumstances, e-^ch
person can judge for himself the question as to how much
light is shed on this entire transaction by the action of
the Soviet Government in withholding adequate cooperation
with the American Government with respect to assembling and
disclosing to the American Embassy in Moscow the essential
facts pertaining to the landing, the whereabouts and v/elfar
of the American crew; by the fact that it was first alleged
by the German authorities that the need for charts was the
ground for bringing the vessel into port; and by the fact
that later this ground sooms to have been abandoned and a n
ground or theory relating to defective machinery was set up