tion taken up by His Majesty's Government in regard to the question of armed merchantmen, I have the honor, in view of the fact that a number of British armed merchantmen will now be visiting United States ports, to reiterate that the arming of British merchantmen is solely à precautionary measure adopted for the purpose of defense against attack from hostile craft. I have at the same time been instructed by His Majesty's Principal Secretary of State for Foreign Affairs to give the United States Government the fullest assurances that British merchant vessels will never be used for purposes of attack; that they are merely peaceful traders armed only for defense; that they will never fire unless first fired upon; and that they will never under any circumstances attack any vessel. I have, etc. File No. 763.72111/88. CECIL SPRING-RICE. THE SECRETARY OF STATE TO THE BRITISH AMBASSADOR. DEPARTMENT OF STATE, Washington, August 29, 1914. EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 25th instant, in which, referring to previous corresponderce, you state that, in view of the fact that a number of British armed merchantmen will now be visiting United States ports, you desire to reiterate that the arming of British merchantmen is solely a precautionary measure adopted for the purpose of defense against attack from hostile craft. You add that you have been instructed by His Majesty's principal secretary of state for foreign affairs to give the Government of the United States the fullest assurances that British merchant vessels will never be used for purposes of attack, that they are merely peaceful traders armed only for defense, that they will never fire unless first fired upon, and that they will never under any circumstances attack any vessel. I have, etc., File No. 763.72111/144. No. 302.] W. J. BRYAN. THE BRITISH AMBASSADOR TO THE SECRETARY OF STATE. BRITISH EMBASSY, Washington, September 4, 1914. SIR: I have the honor to inform you that, at the request of your department, I drew the attention of my Government to the fact that two British merchant vessels-the Adriatic and the Merrion-were at present in United States ports, and that they were carrying gunsthe former four and the latter six. I added that the fact of these vessels carrying guns was likely to lead to the raising of difficult questions as to the enforcement by the United States Government of the neutrality of American ports, although an assurance had been given that these guns would only be used for defensive purposes and in case the merchant vessels in question were attacked by an enemy ship when on a commercial voyage. I have now received a reply from Sir Edward Grey in which he informs me that His Majesty's Government hold the view that it is not in accordance with neutrality and international law to detain in neutral ports merchant vessels armed with purely defensive armaments. But, in view of the fact that the United States Government is detaining armed merchant vessels prepared for offensive warfare, and in order to avoid the difficult questions of the character and degree of armament which would justify detention, His Majesty's Government have made arrangements for landing the guns of the Merrion, the Adriatic having already sailed before the orders reached her. In the case of the latter ship the passenger list and cargo had proved that she was proceeding to sea on ordinary commercial business. These and other papers relative to the case will be duly communicated to your department. This action has been taken without prejudice to the general principle which His Majesty's Government has enunciated and to which they adhere. It is presumed that no objection will be raised by your Government to the guns being shipped subsequently to England as cargo in some vessel without mountings or ammunition. I have, etc., File No. 763.72111/156. CECIL SPRING-RICE. MEMORANDUM FROM THE BRITISH EMBASSY. BRITISH EMBASSY, Washington, September 7, 1914. The British Ambassador presents his compliments to the Secretary of State of the United States and, with reference to his note No. 302 of September 4, has the honor to state that he is informed by the British Consul General that the steamship Adriatic, which sailed from New York on September 3 with four guns mounted and 200 rounds of ammunition, took 28 first-class passengers, 43 second, and 89 third. She also took 637 bags of mail and a general cargo of provisions and manufactured goods. She had no war material on board and no army reservists. These data bear out the assurances that the Adriatic is bound on a peaceful commercial voyage and that her armament is destined solely for defensive purposes. File No. 763.72111/410. MEMORANDUM FROM THE BRITISH EMBASSY. BRITISH EMBASSY, Washington, September 9, 1914. The German Government have openly entered upon the policy of arming merchant ships as commerce destroyers and even claim the right to carry out the process of arming and equipping such merchant ships in neutral harbors or on the high seas. It is in consequence of this that the British Admiralty have been compelled, in accordance with the practice followed in the great wars of history, to arm a certain number of British merchant ships for self-defense only. The practice of arming ships in self-defense is very old and has been ordered by Royal proclamation in England from early in the seventeenth century. During the Napoleonic wars the right to arm in self-defense was recognized by British and United States prize courts in the cases of the Catherine Elizabeth (British) and the Nereide (United States). The right of a merchant ship of a belligerent to carry arms and resist capture is clearly and definitely laid down in modern times. The right of resistance of merchant vessels is recognized by the United States Naval War Code, by the Italian Code for Mercantile Marine, and by the Russian Prize Regulations. Writers of authority in many European countries also recognize the right. To mention a German authority, it may be stated that the late Dr. Perels, at one time legal adviser to the German Admiralty, quotes with approval Article 10 of the United States Naval War Code, which states "the prisoners of merchant vessels of an enemy who in self-defense and in protection of the vessel placed in their charge resist an attack, are entitled to the status of prisoners of war." The Institute of International Law at its meeting in 1913 prepared and adopted a manual of the laws of naval warfare, Article 10 of which expressly declared that private ships are allowed to employ force to defend themselves against the attack of an enemy ship. A merchant vessel armed purely for self-defense is therefore entitled under international law to enjoy the status of a peaceful trading ship in neutral ports, and His Majesty's Government do not ask for better treatment for British merchant ships in this respect than might be accorded to those of other powers. They consider that only those merchant ships which are intended for use as cruisers should be treated as ships of war and that the question whether a particular ship carrying an armament is intended for offensive or defensive action must be decided by the simple criterion whether she is engaged in ordinary commerce and embarking cargo and passengers in the ordinary way. If so, there is no rule in international law that would justify such vessel, even if armed, being treated otherwise than as a peaceful trader. File No. 763.72111/411. MEMORANDUM FROM THE BRITISH EMBASSY. BRITISH EMBASSY, Washington, September 9, 1914. In a memorandum of to-day's date the British Ambassador has set forth the grounds upon which His Majesty's Government hold that British merchant vessels which are armed for defensive purposes only are entitled to be treated as peaceful trading vessels. In urging this view upon the consideration of the United States Government the British Ambassador is instructed to state that it is believed that German merchant vessels with offensive armanent have escaped from American ports, especially ports in South America, to prey upon British commerce in spite of all the precautions taken. German cruisers in the Atlantic continue, by one means or another, to obtain ample supplies of coal shipped to them from neutral ports, and if the United States Government take the view that British merchant vessels which are bona fide engaged in commerce and carry guns at the stern only are not permitted purely defensive armament, unavoidable injury may ensue to British interests and indirectly also to United States trade which will be deplorable. File No. 763.72111/226a. THE ACTING SECRETARY OF STATE TO THE GERMAN AMBASSADOR. (Same to the British, French, and Japanese ambassadors in Washington, and the Belgian minister.) DEPARTMENT OF STATE, Washington, September 19, 1914. DEAR MR. AMBASSADOR: I am inclosing for your information two memoranda which the department has issued to-day and which define the general rules which this Government will follow in dealing with cases involving the status of armed merchant vessels visiting American ports, and with cases of merchant vessels suspected of carrying supplies to belligerent warships from American ports. I am, etc., ROBERT LANSING. [Inclosure 1.] · THE STATUS OF ARMED MERCHANT VESSELS. A. A merchant vessel of belligerent nationality may carry an armament and ammunition for the sole purpose of defense without acquiring the character of a ship of war. B. The presence of an armament and ammunition on board a merchant vessel creates a presumption that the armament is for offensive purposes, but the owners or agents may overcome this presumption by evidence showing that the vessel carries armament solely for defense. C. Evidence necessary to establish the fact that the armament is solely for defense and will not be used offensively, whether the armament be mounted or stowed below, must be presented in each case. independently at an official investigation. The result of the investigation must show conclusively that the armament is not intended for, and will not be used in, offensive operations. Indications that the armament will not be used offensively are: 1. That the caliber of the guns carried does not exceed 6 inches. 2. That the guns and small arms carried are few in number. 3. That no guns are mounted on the forward part of the vessel. 4. That the quantity of ammunition carried is small. 5. That the vessel is manned by its usual crew, and the officers are the same as those on board before war was declared. 6. That the vessel intends to and actually does clear for a port lying in its usual trade route, or a port indicating its purpose to continue in the same trade in which it was engaged before war was declared. 7. That the vessel takes on board fuel and supplies sufficient only to carry it to its port of destination, or the same quantity substantially which it has been accustomed to take for a voyage before war was declared. 8. That the cargo of the vessel consists of articles of commerce unsuited for the use of a ship of war in operations against an enemy. 9. That the vessel carries passengers who are as a whole unfitted to enter the military or naval service of the belligerent whose flag the vessel flies, or of any of its allies, and particularly if the passenger list includes women and children. 10. That the speed of the ship is slow. D. Port authorities, on the arrival in a port of the United States of an armed vessel of belligerent nationality, claiming to be a merchant vessel, should immediately investigate and report to Washington on the foregoing indications as to the intended use of the armament, in order that it may be determined whether the evidence is sufficient to remove the presumption that the vessel is, and should be treated as, a ship of war. Clearance will not be granted until authorized from Washington, and the master will be so informed upon arrival. E. The conversion of a merchant vessel into a ship of war is a question of fact which is to be established by direct or circumstantial evidence of intention to use the vessel as a ship of war. DEPARTMENT OF STATE, September 19, 1914. [Inclosure 2.] MERCHANT VESSELS SUSPECTED OF CARRYING SUPPLIES TO BELLIGERENT VESSELS. 1. A base of operations for belligerent warships is presumed when fuel or other supplies are furnished at an American port to such warships more than once within three months since the war began, or during the period of the war, either directly or by means of naval tenders of the belligerent or by means of merchant vessels of belligerent or neutral nationality acting as tenders. 2. A common rumor or suspicion that a merchant vessel laden with fuel or other naval supplies intends to deliver its cargo to a belligerent warship on the high seas, when unsupported by direct or circumstantial evidence, imposes no duty on a neutral Government to detain such merchant vessel even for the purpose of investigating the rumor or suspicion, unless it is known that the vessel has been previously engaged in furnishing supplies to a belligerent warship. 3. Circumstantial evidence supporting a rumor or suspicion that a merchant vessel intends to furnish a belligerent warship with fuel or other supplies on the high seas is sufficient to warrant detention of the vessel until its intention can be investigated in the following cases: (a) When a belligerent warship is known to be off the port at which the merchant vessel is taking on cargo suited for naval supplies, or when there is a strong presumption that the warship is off the port. (b) When the merchant vessel is of the nationality of the belligerent whose warship is known to be off the coast. |