4. WARFARE BETWEEN SUBMARINES AND ARMED MERCHANT VESSELS.

The Secretary of State to the British Ambassador.

DEPARTMENT OF STATE, Washington, April 22, 1916.

SIR: Confirming my conversation with Your Excellency of some weeks ago, in regard to the instructions which the Imperial German Government states have been issued by Your Excellency's Government for the guidance of British sea captains, I have the honor to inclose alleged copies of such instructions which have been formally transmitted to this Government by the Imperial German Government.

I have the honor to request to be informed, if there is no objection, as to whether these instructions have been issued by His Majesty's Government and whether they are now in force, and if they are not in force what instructions have subsequently been issued by the British Government to British merchantmen, and, further, whether British sea captains are bound to obey any such instructions issued to them under a penalty for neglect to do so.

I would appreciate it if Your Excellency could find it possible to furnish me with this information as promptly as possible. ROBERT LANSING.

I have, etc.,

No. 111.]

The British Ambassador to the Secretary of State.

BRITISH EMBASSY, Washington, April 25, 1916. SIR: With reference to your Note of the 22d instant I have the honour to inform you that according to a telegram which I have received from Sir Edward Grey the instructions of October 20 for the guidance of British sea captains, which have been communicated. to your Government contain the orders at present in force.

You will no doubt observe that the instructions contained in your note under reply were issued before the above-named date.

I have, etc.,

CECIL SPRING RICE.

'Not printed. See Special Supplement, 1916, pp. 327, et seq.

The British Ambassador to the Secretary of State.

MY DEAR MR. SECRETARY:

BRITISH EMBASSY, Washington, April 28, 1916.

In accordance with a request received from Mr. Woolsey, I have pleasure in sending to you herewith a copy of the Admiralty instructions for Armed Merchant Ships of October 20, 1915, which were communicated officially to Mr. Page by Sir Edward Grey and published in the press here on March 3 last. These are the instructions at present in force.

I have telegraphed to enquire whether masters of ships who disobey these instructions are liable to any penalty and shall not fail to inform you as soon as I receive a reply.

Believe me, etc.,

CECIL SPRING RICE.

[Inclosure.]
Confidential.

No. 741

INSTRUCTIONS FOR DEFENSIVELY ARMED MERCHANT SHIPS.

A. THE STATUS OF ARMED MERCHANT SHIPS.

(1) The right of the crew of a Merchant Vessel forcibly to resist visit and search, and to fight in self-defense, is well recognized in International Law, and is expressly admitted by the German Prize Regulations in an addendum issued in June, 1914, at a time when it was known that numerous merchant vessels were being armed in self-defense.

(2) The armament is supplied solely for the purpose of resisting attack by an armed vessel of the enemy. It must not be used for any other purpose whatsoever.

(3) An armed merchant vessel, therefore, must not in any circumstances interfere with or obstruct the free passage of other merchant vessels or fishing craft, whether these are friendly, neutral, or hostile. (4) The status of a British armed merchant vessel can not be changed upon the high seas.

B. RULES TO BE OBSERVED IN THE EXERCISE OF THE RIGHT OF
SELF-DEFENSE.

(1) The Master or Officer in command is responsible for opening and ceasing fire.