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 1 which have been formally transmitted to this Government by the Imperial German Government. 1 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.] 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 (1) The Master or Officer in command is responsible for opening and ceasing fire. (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 (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 |