(2) Participation in armed resistance must be confined to persons acting under the orders of the Master or Officer in command.

(3) Refore opening fire the British colours must be hoisted. (4) Fire must not be opened or continued from a vessel which has stopped, hauled down her flag, or otherwise indicated her intention to surrender.

(5) The expression "armament" in these instructions includes not only cannon but also rifles and machine guns in cases where these are supplied.

(6) The ammunition used in rifles and machine guns must conform to Article 23, Hague Convention IV, 1907; that is to say, the bullets must be cased in nickel or other hard substance, and must not be split or cut in such a way as to cause them to expand or set up on striking a man. The use of explosive bullets is forbidden.

C. CIRCUMSTANCES UNDER WHICH THE ARMAMENT SHOULD BE

EMPLOYED.

(1) The armament is supplied for the purpose of defense only, and the object of the master should be to avoid action whenever possible.

(2) Experience has shown that hostile submarines and aircraft have frequently attacked merchant vessels without warning. It is important, therefore, that craft of this description should not be allowed to approach to a short range at which a torpedo or bomb launched without notice would almost certainly take effect.

British and Allied submarines and aircraft have orders not to approach merchant vessels. Consequently it may be presumed that any submarine or aircraft which deliberately approaches or pursues a merchant vessel does so with hostile intention. In such cases fire may be opened in self-defense in order to prevent the hostile craft closing to a range at which resistance to a sudden attack with bomb or torpedo would be impossible.

(3) An armed merchant vessel proceeding to render assistance to the crew of a vessel in distress must not seek action with any hostile craft, though, if she is herself attacked while so doing, fire may be opened in self-defense.

(4) It should be remembered that the flag is no guide to nationality. German submarines and armed merchant vessels have frequently employed British, Allied, or neutral colours in order to approach undetected. Though, however, the use of disguise and false colours in order to escape capture is a legitimate ruse de guerre, its adoption by defensively armed merchant ships may easily lead to misconception. Such vessels, therefore, are forbidden to adopt any form of disguise which might cause them to be mistaken for neutral ships.

ADMIRALTY WAR STAFF,

TRADE DIVISION,

20th October, 1915.

Memorandum from the British Embassy.

BRITISH EMBASSY, Washington, June 5, 1916.

In connection with the question of the status of merchant vessels armed for purposes of defense an enquiry was made by the Department of State as to whether the British Admiralty orders to merchant captains impose any penalty in the event of a defensively armed merchant vessel failing to use such armament for aggressive purposes and whether there is any reward offered for the destruction of enemy submarines.

The British Ambassador is instructed to state in reply to this enquiry that the Admiralty instructions for defensively armed vessels, dated the 20th October, 1915, the contents of which are already known to the United States Government enjoin a strict adherence to defensive action only, and no question of the infliction of any penalty for failure to take offensive action can therefore arise. Further no defensively armed British ship has received any money award from His Majesty's Government for firing upon an enemy vessel.

CECIL SPRING RICE.

PART V.

PAPERS RELATING TO PASSAGE OF BRITISH TROOPS OVER AMERICAN TERRITORY.

The British Ambassador to the Secretary of State.

MY DEAR MR. SECRETARY:

BRITISH EMBASSY,

Washington, December 20, 1915.

I am informed by the Attorney in this city for the Canadian Pacific Railway that a question has arisen as to whether certain classes of Canadian soldiers could be permitted to pass through the State of Maine from Vanceboro to Lowelltown on their way from St. John, New Brunswick, to points in Canada, the route through United States territory being, as you are no doubt aware, that usually taken by passengers arriving from England.

It appears that the Canadian authorities have arranged that soldiers returning from Europe who are, whether owing to wounds or otherwise, unfit for further service, shall be examined and discharged at Liverpool before embarking for Canada. They are then sent forward in parties to their homes in Canada, and, though they are during the voyage still wearing their service uniforms, they of course no longer form part of any military unit and cannot be called upon for service without further enlistment. The men thus returning to Canada would not carry arms, and I should be grateful if you could inform me whether there would be any objection to their passing through United States territory as above described.

Another class of men whom it is desired to send, if possible, over the short route are men, wearing uniform, who are returning to their homes on furlough, or after being invalided for convalescence. Men of this description would travel as individuals, not as parties. It would be a great convenience for these men if they were permitted to travel through the State of Maine instead of taking the longer alter

native route, and I should be grateful if you could also favour me with your views on this point.

In reply to your note of the 20th instant in regard to the passage over American territory, by way of the Canadian Pacific Railway, of certain classes of Canadian soldiers returning from Europe, I regret to say that in the view of my Government the transportation of either the class of discharged soldiers wearing their service uniforms, though no longer forming a part of any military unit, or the class of invalided soldiers returning on furlough, though traveling as individuals, should not be allowed over American territory on account of the embarrassment which almost surely would follow if such passage were permitted.

In conveying these views to you I am not insensible of the convenience to the Canadian Government which would result from a free passage of such soldiers over the Canadian Pacific Railway through the State of Maine, but, on the other hand, it is evident that all Canadian troops, sick, wounded, and discharged, can easily be repatriated without entering any other than Canadian jurisdiction. ROBERT LANSING.

I am, etc.,

PART VI.

DISPLAY BY NAVAL VESSELS OF DISTINGUISHING
MARKS ON THE HIGH SEAS.

The German Ambassador to the Secretary of State.

[Translation.]

J. No. A. 7824.]

MR. SECRETARY OF STATE:

GERMAN EMBASSY, Washington, Dec. 1, 1915.

By direction of my Government I have the honor to ask of Your Excellency that orders be issued to the Commanding officers of American Warships in the Mediterranean to display the national flag so that it can be clearly seen by day and to keep the ship and flag sufficiently lighted by night, in order to avoid their being mistaken for warships of the States at war with the Central Powers.

The Imperial Government has the honor to offer this suggestion with a view to preventing error in submarine attacks.

Referring to Your Excellency's Note of December 1, 1915 (No. A. 7824), in which you ask, by direction of your Government, that orders be issued to the commanding officers of American warships in the Mediterranean to display the national flag so that it can be clearly seen by day and to keep the ship and flag sufficiently lighted by night,