The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-04-27

by direction Of the President n
memorandum was prepared durins
| March, 1916 in regard TO the status u.
armed merchant vessels In neutral
ports and on the high seas. This
memorandum IL now made public as
q statement Of this Governments atti-
tude on that subject.
THE status of an armed merchant
vessel OF belligerent is to be con-
sidered from two points Of view. First,
from that Of a neutral, when the vessel
enters its ports; and, second. from that
Of an enemy. when the vessel is on
,he high seas.
"First-'An armed merchant vessel
| In neutral port:
Il. Ii IL necessary for a neutral Gov =
ernment 10 determine the status OF
an armed merchant vessel OF belliger-
ent nationality which enters its juris-
! diction in order that the Government
may protect itself from responsibility
| for the destruction OF life and prop
erty by permitting its ports to be used
as bases Of hostile operations by BEL
ligerent warships
80. II the vessel carries a commits
| Government. and directing 1t under
| penalty TO conduct aggressive opera
| tions. or II 4 is conc,usively shown to
have conducted such operations. it
should be regarded and treated as a
I warship.
! "3 II sufficient ev!denc" Is wanting,
a neutral Government. in order to safe
guard itself from liability for failure
to preserve its neutrality may rea-
sonably presume from the fac, the
/ status of az armed merchant vessel
which frequents It's waters. There
| is no settled rule of international law
as to the sufIicienCy Of evidence to es-
tablish such presumption. As re-
4 sui: a neutral Government must de-
eide for itself the sufilciency of the evi =
| dence which Il requires to determine
the character OF the vessel For the
guidance Of its port officers and other
officials. ii may therefore declare a
standard OF evidence, but such stand
ard may be changed on account Of
the general conditions Of naval war
| fare or modified on account OF the
circumstances OF a particular case.
! These changes and notifications may
be made at any time during the prog
ress OF the war, since the determine
'.oh OF Nhe status OF an armed mer-
chant vessel in neutral waters may
, affect the liability of neutral Govern
| meni
Armed sh,, ~ u,.h
,
No"u N' "'i'eu "ie''na'it Ne'
sci on the high sea:
,,t,,' .- ,o' oenle'.e'i.
armed ,a,,ha., -, aus y. an
orcn,,r,a..,, "' ''''
,hs rights n, no an5 ,ror,-,. ~,
heIliperents ,nd r,,,,r.,, a., ,oari ,ho
vess.I may "a. imn.i,.d 4, ~. s,,,n, -
/ ,ha, N, n, o,.r,, uarsh!,
-, Ths do,orr,ir,,ion -, ,,,,,,
cb,rac,.r ,,,,., ras, ,,.,,
nrosn,n,,o, h,,, rr,, ,,,,,,,.;.. -,
49,. ,,,e,,,aa 49,. .',,',,'.
,h. a..,r,,c,,o, 30 no. ora ,.,
aan.nas an ~, a,,,,a, ,ao,, 80 ~.
- .,,a -. \, -'.,.1 ,.', :,
! he a s,ardara a, o,.,d.,,,a ,.h,,t, n,f-
,,,orar, ,,,,, r.,o,,,,. ,r,,i,
n..s,,,,,,,ia. -. ',I. -,
10 o,har ,,.nl ~ sa,a,,,ar., ,,,,rS,.
/ sro,, ross,,,Io ii,,, ,i,,. Co.. ,,,,,',,,',,
d.'s,r,,,,,,r 80 ,,,' "a' ~.
/ h.ll,y.r.n, should ~ ,,. nh.,, ~,
c,,rI,,.;,.a a,.,,,',, ~" -
s,r,r,,a, ,n,, 49,, ar,,a1 ,ar,ha.,,','.,
- -, ,.ooa,,, ,ha.,,
80 ,'.,,,. -, .,.,
p'p''''' p"seu soIe'y vi
,,,.os. .'o...s' " w
',,e,,',..., l.'. a' % ''o' -
49,, ~ 'S''' ~
~ a,,aat. :, ia. '.p ] aHu .s'
M',"ou' 'esa'o 10 ,'e
e"'s -, pe'son' oh poaru ,o"''u
'".".c VI pun 'pose 10 use '''''
~ ''"'"'"' LOT aggression u essential
Oo"sequenu! an armament which 4
@u'"i government Scen'lS 10 per-
.o'" Us ieu,ra' uu''es' may presume
" We '''',''e" iur "SSrcss'oh' hilSlt IN
.aN' o'' 'H' "'sI' seas DC usto sose1y
to' protection neutral Governmen
mas no opportunity TO determine the
purpose o' an armament on mer-
tnaht Vessel unless there Is evidence IN
me shlps papers or other proofs a. 10
us previous use. SO that the Govern
'heh' ~ Justihed III substituting an
arp''rary rule OF presumption IN ar
riVihs al the status or the merchant
vessel IN the other hand' a bell!Ger-
eh' "arsh'l' can, on the high seas. test
py actuai experience rhe purpose of an
armament OF an enemy merchant ves-
se'' and so determine by direct cv!-
dence the status OF the vessel.
summary