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And whereas on account of the extension of the scope of the illegal

operations carried out under the said German orders, and in retaliation therefor, vessels have been required under the provisions of the Order in Council aforementioned to discharge in a British or allied port goods which were of enemy origin or of enemy destination or which were enemy property, irrespective of the enemy country from or to which such goods were going or of the enemy country in which was domiciled the persons whose

property they were: And whereas doubts have arisen as to whether the term “enemy” in

articles 3 and 4 of the said Order in Council includes enemy countries other than Germany:

Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

1. In articles 3 and 4 of the said Order in Council of the 11th March, 1915, aforementioned, the terms “enemy destination” and “enemy origin" shall be deemed to apply and shall apply to goods destined for or originating in any enemy country, and the term

enemy property” shall be deemed to apply and shall apply to goods belonging to any person domiciled in any enemy country.

2. Effect shall be given to this order in the application of the said Order in Council of the 11th March, 1915, to goods which previous to the date of this order have been discharged at a British or allied port, being goods of destination or origin or property which was enemy though not German, and all such goods shall be detained and dealt with in all respects as is provided in the said Order in Council of the 11th March, 1915.

J. C. LEDLIE.

Consul General Skinner to the Secretary of State.

[Telegram.]

AMERICAN CONSULATE GENERAL,

London, February 22, 1917. Order in Council March 11, 1915, modified by proclamation dated 16th promulgated 21st new order after reciting that German memorandum declaring that after February 1 neutral ships will navigate certain zones at their risk and similar directions by other enemy powers are in flagrant contradiction with rules of international law and treaty obligations of enemy and therefore renders it necessary to adopt

further measures to prevent commodities from reaching or leaving enemy countries announces that from and after February 16:

1. A vessel which is encountered at sea on her way to or from a port in any neutral country afforded means of access to the enemy territory without calling at a port in British or allied territory shall until the contrary is established be deemed to be carrying goods with an enemy destination or of enemy origin and shall be brought in for examination and if necessary for adjudication before the prize court.

2. Any vessel carrying goods with an enemy destination or of enemy origin shall be liable to capture and condemnation in respect of the carriage of such goods, provided that in the case of any vessel which calls at an appointed British or allied port for the examination of her cargo no sentence of condemnation shall be pronounced in respect only of the carriage of goods of enemy origin or destination and no such presumption as is laid down in article J shall arise.

3. Goods which are found on the examination of any vessel to be goods of enemy origin or of enemy destination shall be liable to condemnation.

4. Nothing in this order shall be deemed to affect the liability of any vessel or goods to capture or condemnation independently of this order.

5. This order is supplemental to the Orders in Council of the 11th day of March, 1915, and the 10th day of January, 1917, for restricting the commerce of the enemy.

SKINNER.

PART IV.

1. SUBMARINE WARFARE-GERMANY.

CASES OF THE “EVELYNAND “CARIB.'

Ambassador Gerard to the Secretary of State.

[Telegram-Paraphrase.]

No. 1657.]

AMERICAN EMBASSY,

Berlin, February 22, 1915. Mr. Gerard states that it is reported by the Consular Agent at Bremerhaven that the vessel Evelyn was sunk by a mine on the night of the twentieth between Norderney and the Isle of Borkum. One of the three boats, which were manned and left the vessel, is missing. It is said that a German scout boat saved the captain and twentyeight men of the Evelyn. American steamers, now at Bremen can take the survivors to America.

Ambassador Gerard to the Secretary of State.

[Telegram.]

No. 1659.]

AMERICAN EMBASSY,

Berlin, February 22, 1915. Consul General Bremerhaven reports steamer Evelyn ran on two mines nineteenth, four a. m., near Isle Borkum, sank seven hours later. Only two boats manned: Captain Smith, thirteen men, Dutch pilot in one; First Officer Senson, thirteen men in other. First boat said to have been rescued ten o'clock Saturday morning, but present whereabouts yet unknown. Latter boat picked up by German scoutship Mars four o'clock Saturday afternoon; taken to Heligoland. Thirteen men brought to Bremerhaven, put in sailors' home. Spanish

52

stoker, Hans Ilaro, frozen and buried at sea ; appears to be only death. Other survivors expected to-morrow. Those in Bremerhaven out of danger.

GERARD.

Ambassador Gerard to the Secretary of State.

[Telegram.]

No. 1687.]

AMERICAN EMBASSY,

Berlin, February 25, 1915. Consular Agent, Bremerhaven, reports Carib apparently ran on mine twenty-second, eleven a. m., ten miles west Norderney, soon sank. Three of crew of thirty lost. Captain Cole and twenty-six men picked up hour and half later by German scout-boat Annie Busse; brought to Bremerhaven twenty-fourth, ten p. m.

GERARD.

Ambassador Gerard to the Secretary of State.

[Telegram-Paraphrase.]

No. 1685.]

AMERICAN EMBASSY,

Berlin, February 25, 1915. Mr. Gerard states that Commander Gherardi has been informed by the Admiralty that the vessel Evelyn sank in latitude 53° 52' North, longitude 6° 7' East.

The British Ambassador to the Secretary of State.

No. 80.]

BRITISH EMBASSY,

Washington, February 25, 1915. SIR: You will have doubtless noticed a German allegation that the loss of the American steamship Evelyn was due to the action of a British warship, the commanding officer of which is stated to have

ordered the master of the Evelyn to steer the course which he took.

I have the honour to inform you, by direction of my Government, that the British Naval Officer who boarded the Evelyn gave no instructions of any kind to the master of that vessel. I have, etc.,

CECIL SPRING RICE.

The German Ambassador to the Secretary of State.

[Translation.]

J. No. 3517.]

GERMAN EMBASSY,

Washington, March 1, 1915. MR. SECRETARY OF STATE:

Pursuant to instructions, I have the honor to inform your excellency that the American vessels Evelyn and Carib were lost in the North Sea because, contrary to the directions given in the Nachrichten für Seefahrer (Notice to Marines) No. 2770–14, 3093–14 and 33–15, they ran along the East Friesian Islands by direction, as stated by the captain of the Evelyn, of a British warship.

The Imperial Government urgently recommends all vessels for Helgoland Bay from the coast of the Netherlands to sail up to about the fifty-fifth degree of latitude from the Terschelling Lighthouse and then steer for Listertief and there wait for a German pilot. He alone can furnish reliable information to navigate the German Bay.

The safest course is that given in No. 3161-14 of the Nachrichten für Seefahrer. Accept, etc.,

J. BERNSTORFF.

Ambassador Gerard to the Secretary of State.

[Telegram-Paraphrase.]

No. 1728.]

AMERICAN EMBASSY,

Berlin, March 2, 1915. Mr. Gerard reports the return of Naval Attaché Gherardi from Bremen where he was sent to obtain the statements of the captains

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