US has `no legal obligation' to clean up Bermuda bases
On September 1, 1939, Hitler's armies invaded Poland and on September 3, 1939, the United Kingdom declared war on Germany.
At the meeting of the Bermuda House of Assembly held on Wednesday, September 6, 1939 it was moved and unanimously agreed to send the following message to His Excellency the Governor: "May it please your Excellency: The House of Assembly respectfully desires to assure Your Excellency of the loyal support of the members of this House in every measure calculated to forward the cause of our Mother Country in the war with Germany.
Our Colony is certain to be hit very hard by the falling off in its principle source of revenue but Your Excellency can rest assured of genuine and earnest cooperation on the part of the general public in every measure designed to assist the Armed Forces of the Crown or to mitigate hardships among our own people.'' As a result of discussions between Winston S. Churchill and President Franklin D. Roosevelt a note dated September 2, 1940 was sent to the US Government which read in part as follows: "Sir, I have the honour under instructions from his Majesty's Principal Secretary of State for Foreign Affairs, to inform you in view of the friendly and sympathetic interest of His Majesty's Government in the United Kingdom in the national security of the United States and their desire to strengthen the ability of the United States to cooperate effectively with the other nations of the Americas in the defence of the Western Hemisphere, His Majesty's Government will secure the grant to the Government of the United States, freely and without consideration, of the lease for immediate establishment and use of Naval and Air bases...'' The note is a page and a half long and goes on to say the base sites offered are in Newfoundland, Bermuda, Bahamas, Jamaica, St. Lucia, Trinidad, Antigua and British Guiana. The terms were 99 years rent free and each government was to appoint experts to work out details. The note ends: "Should these experts be unable to agree in any particular situation ... the matter shall be settled by the Secretary of State of the United States and His Majesty's Secretary of state for Foreign Affairs''.
The reply of the United States Government also dated September 2, 1940 is half page long and reads: "I am directed by the President to reply to your note as follows: The Government of the United States appreciates the declarations and the generous action of His Majesty's Government, as contained in your communications, which are destined to enhance the national security of the United States and greatly to strengthen its ability to cooperate effectively with the other nations of the Americas in the defence of the Western Hemisphere. It therefore gladly accepts the proposals.
The Government of the United States will immediately designate experts to meet with experts designated by His Majesty's Government to determine upon the exact location of the Naval Air bases mentioned in your communication under acknowledgement.
In consideration of the declarations quoted, the Government of the United States will immediately transfer to His Majesty's Government 50 United States Navy destroyers...'' At the time these notes were exchanged the triumphant German armies had swept through Western Europe and were crowded in Western France preparing for Operation Sealion -- the invasion of Britain. The defeated British army had been ignominiously evacuated from Dunkirk leaving all their equipment behind.
Wave after wave of Luftwaffe bombers were reducing English towns and cities to rubble. Britain stood alone -- the only bright spots being that the appeasing Chamberlain had been replaced by Winston Churchill and the Royal Air Force seemed to be holding its own.
The British Government was at pains to keep the government of Bermuda both informed and consulted concerning the negotiations for the establishment of US bases here through the then Governor, Sir Dennis K. Bernard and in November 1940 the House of Assembly sent a message to the Governor expressing its determination to support the British war effort and ending as follows: "5. The House also requests that your Excellency will be pleased to inform the President of the United States that this Colony is proud of being associated with the peoples of the United States of America in the joint defence of democracy, and sincerely trusts that the establishment of an Air and Naval Base in these Islands will strengthen the ties of friendship now existing between the peoples of the United States of America and the British Empire.'' At the meeting of the House of Assembly held on Wednesday December 13, 1940 two messages were read -- one being from the Governor as follows: "The Governor has the honour to acknowledge the receipt of Message No. 46 from the Honourable House of Assembly, and to inform them that he will be pleased to welcome the appointment of a Joint Committee of the Honourable the Legislative Council and the Honourable House of Assembly to advise him in respect to the financial, social and economic problems which will arise as a result of the establishment of the United States Air and Naval Bases.
2. The Governor also has the honour to inform the Honourable House that His Majesty's Ambassador, Washington is being asked to convey to the President of the United States of America the sentiments of the Honourable House of Assembly, expressed in paragraph 5 of the Message under reference.
3. The other matters referred to in the message are receiving very careful consideration.'' The second message read to the House was from the Right Honourable Winston Churchill, Prime Minister of England as follows: "I have seen the message which the House of Assembly sent to the Governor on November 27, 1940 concerning the United States Base in Bermuda, and I take this opportunity of telling the House of Assembly, and through them the people of the Colony, how much we appreciate the magnificent way in which they have responded to this call on their patriotism and understanding. I realise the sacrifices entailed, which are so much greater in Bermuda than in the other Colonies concerned, I know too how cheerfully they are accepted. To the people of Bermuda has fallen the Honour and privilege of making a noteable contribution to the cause of justice and freedom for which our Empire stands.
Their act will not be forgotten.'' At the meeting of the House of Assembly held on Wednesday January 15, 1941 the following message from the Governor was read: "The Governor has the honour to inform the Honourable House of Assembly that the following gentlemen have been selected as representatives from Bermuda to attend discussions in London regarding the United States Naval and Air Bases: The Hon. W. J. H. Trott, C.B.E., M.C.P.
Wor. H. J. Tucker, Jr. M.C.P.
John W. Cox, Esq., M.C.P.
The actual United States Bases Agreement dated March 27, 1941 comprises 27 pages has a preamble the last recital of which reads as follows: "AND WHEREAS it is desired that this Agreement shall be fulfilled in a spirit of good neighbourliness between the Government of the United Kingdom and the Government of the United States of America, and that details of its practical application shall be arranged by friendly co-operation;'' Nothing in the Agreement addresses the termination of the Agreement except Article XXI which reads as follows: The United States may at any time abandon any Leased Area or any part thereof, without thereby incurring any obligation...'' It is clear that the Government of the United States on abandoning their bases in Bermuda incurred no legal obligation to carry out any clean up operations.
It will be interesting to see whether or not the Bermuda Government can successfully persuade the United States Government that it has a moral obligation voluntarily to accept responsibility for the clean up of any alleged pollution left on the abandoned bases. By introducing morals into the issue we are faced with the undeniable fact that the assets and benefits accruing to Bermuda from the presence of the bases outweigh the liabilities many hundredfold.
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