Evening star., 1916-04-26
TEXT OF STATEMENT.

TEXT OF STATEMENT.
The statement is as follows:
THE status of an armed merchant
vessel of a belligerent is to be con-
sidered from two points of view: First,
from that of a neutral when the ves-
sci enters it's ports. and. second. from
that of an enemy when the vessel is
on the high seas.
FIRST. AN ARMED MERCHANT
VESSEL IN NEUTRAL PORTS.
"GD 1t is necessary for a neutral
government to determine the status
of an armed merchant vessel of bel
liserent nationality which enters its
Jurisdiction, in order that the govern
ment may protect itself from response
bility for the destruction of life and
property by permitting its ports to be
used as bases of hostile operations by
belligerent warships.
",2) II the vessel carries commits
sion or orders issued by belligerent
government and directing it under
penalty to conduct aggressive opera
tions,S or il it is conclusively shown to
have conducted such operations, II
should be regarded and treated as a
warship.
"(3) IL sufficient evidence is wanting.
neutral government. in order to safe
guard itself from liability for failure
TO preserve its neutrality. may reason
ably presume from the facts the status
of armed merchant vessel which
frequents its waters. There is no set
tied rule of international law as to the
sufficiency of evidence to establish such
a presumption. AS result neutral
government must decide for itself the
sufficiency of the evidence which II re-
quires to determine the character of
the vessel. For the guidance Of its port
officers and other officials neutral
government may therefore declare a
standard of evidence, but such stand
ard may be changed on account Of the
general conditions of naval warfare or
modified on account of the circum-
stances of a particular case. These
changes and notifications may be made
war. since the determination of the
status Of an armed merchant vessel in
neutral waters may affect the liability
OF a neutral government
SECOND. AN ARMED MERCHANT
VESSEL ON HIGH SEAS
20 1t is necessary for a belligerent
warship to determine the status of an
armed merchant vessel of an enemy en-
countered on the high seas, since the
rights of life and property of bellig
erents and neutrals on board the ves-
Sci may be impaired il its status is
that OF an enemy warship.
"t2) The determination of warlike
character must rest in no case upon
presumption. but upon conclusive evil
the destruction of life and property de-
pends on the actual facts of the case
and cannot be avoided or lessened by
standard Of evidence which a bel
Hgerent may announce as creating a
presumption of hostile character On
the other hand, to safeguard himself
from possible liability for unwarrant-
ed destruction of life and property the
belligerent should. in the absence of
conclusive evidence. act on the pre-
sumption that an armed merchantmen
is of peaceful character.
t3) A presumption based solely on
the presence of armament on a
merchant vessel of enemy is not a
suf1cient reason for a belligerent to
TO attack II without regard to the
rights Of the persons on board. Con-
elusive evidence of a purpose to use
the armament for aggression is essen
tial Consequently an armament which
neutral government, seeking to per-
form its neutral duties. may presume
10 be intended for aggression. might.
in fact. on the high seas be used solely
for protection A neutral government
has no opportunity to determine the
purpose of an armament ner-
.hant vessel unless there is evidence
In the ships papers or other proof as
10 its previous use. so that the gov
ernment is justified in substituting an
arbitrary rule of presumption in ar
riving at the status of the merchant
on the other hand. a belliger-
ent wsrship can on the high seas test
by actual experience the purpose OF an
armament on an enemy merchant yes-
sell and determine by direct evil
dence the status of the vessel
SUMMARY OF CONVENTIONS.
The status of armed merchan,
vessel as a warship in neutral waters
may be determined, in the absence OF
documentary proof conclusive evi-
dence of previous aggressive conduct
by presumption derived from all the
circumstances of the case.
The status of such vessel as a war.
ship on the high seas must be deter
mined only upon conclusive evidence
Of aggressive purpose. in the absence
Of which IL is to be presumed that tn.
vessel has a private and peaceabl.
character and it should be so treated
by an enemy warship.
I'm brief, q neutral government maS
proceed upon the presumption that ar
armed merchant vessel of beIligeren
nationality is armed for aggression
while a belIigerent should proceed OF
the presumption that the vessel i.
armed for protection. Both of thes.
presumptions may be overcome by evi
dence-the first by secondary or col
lateral evidence. since the fact to b'
established is negative in character
the second by primary and direct evi
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