Evening star. [volume] (Washington, D.C.) 1854-1972, 1917-02-03
U. S. NOT TO SEIZE
INTERNED SHIPS
If Hague Convention Is Abided
BY, German Vessels Here
Are Protected.
NO RATIFICATION BY U. S.

German ships now interned in har-
bors Of this country cannot be confis-
Gated in event Of hostilities between
the United States and Germany, If this
country abides by The Hague conven-
lions, and it Is believed it will. The
status Of enemy merchant ships at the
outbreak Of hostilities is clearly set
forth in convention VI, which states:
when a merchant ship belonging to
one of the belligerent powers is at the
commencement of hostilities In an en-
envy port it is desirable that it should
be allowed to depart freely, either i'm
mediately or after a reasonable num-
Der of days of grace, and to proceed
after being furnished with pass. di-
rect to its port Of destination or any
bther port indicated.
"a merchant ship unable, owing to
circumstances of force majeure, to
leave the enemy port within the period
contemplated in the above article. or
which was not allowed to leave, cannot
be confiscated. The belligerent may
only detain it, without payment OF
compensation, but subject to the tbli-
cation of restoring it after the was, or
requisition it on payment of compensa-
ton"
While the United States did not ratify
that convention, it will observe 1t. I'm
der this convention the German and
Austrian ships in American ports could
Crews Might Not Be Made Prisoners.
Under convention XI, ratified by the
United States, the officers and crews of
German merchantmen held in Ameri-
can waters might not be made prison
ers of war. Article6 of that convention
says: THE captain, officers and mem
bers Of the crew, when nationals of the
enemy state, are not made prisoners OF
war, on condition that they make a
dertake, while hostilities last, any shrv-
ice connected with the operations OF
the war.
The same convention says: The
postal correspondence of neutrats or
belligerents, whatever its official or
private character may be, found on the
high seas on board neutral or enemy
ship. is inviolab1e. If the ship is de-
tanned the correspondence is forwarded
by the captor with the least possible
delay.
'aThe provisions of the preceding para
graph do not apply. in case OF viola
tion of blockade. to correspondence des-
tined for or proceeding from a block.
l..
correspondence does not exempt a neu-
trail mail ship from the laws and Gus
toms of maritime war as to neutral
merchant ships in general The ship.
however. may not be searched except
when absolutely necessary. and then
only with as much consideration and
expedition as possible.
Relative to the opening of hostilities
Convention III says:
Opening Of Hostilities.
"The contracting powers recognize
that hostilities between themselves
must not commence without previous
and explicit warning. in the form either
of a reasoned declaration of war or of
an ultimatum with conditional declara-
ton of war.
'The existence of a state of war
must be notified to the neutral pow
ers without delay, and shall not take
effect in regard to them until after the
receipt of notification which may,
however be given by telegraph"
The defense of the coasts by laying
of mines is regulated by convention
VIII, as follows:
1t is forbidden
1. To lay unanchored automatic
contact mines. except when they
are SO constructed as to become
harmless one hour at most after
the person who laid them ceases to
control them.
tact mines which do not become
harmless as soon as they have
broken loose from their mornings.
3. To use torpedoes which do not
become harmless when they nave
missed their mark.
1t is forbidden to lay automatic contact
mines off the coasts and ports Of the
enemy with the sole object of intercept
ing commercial shipping. When anchored
automatic contact mines are employed
every possible precaution must be taken
for the security of peaceful shipping
Converting of Merchant Ships.
1t is probable that in the case Of war
some vessels flying the merchant flag
would be incorporated in the naval forces
of the United States. On the point of
conversion convention VII provides:
"a merchant ship converted into Il
warship cannot have the rights and duties
accruing to such vessels unless it is
placed under the direct authority, 1mme-
date control and responsibility of the
power whose flag it flies. Merchant ships
converted into warships must bear the
external marks which distinguish the
warships of their nationality.
The commander must be in the
service of the state and duly commits
stoned by the competent authorities.
His name must figure on the list of the
officers Of the lighting fleet. The crew
must be subject to military discipline
Every merchant ship converted into
a warship must observe in its opera
tons the laws and customs of war. A
belligerent who converts a merchant
ship into a warship must, as soon as
possible, announce such conversion IN
the lists of warships."
The United States did not ratify this
convention, but it is understood that.
although through the refusal of this
country to become signatory to the
declaration of Paris of 1856. which
abolished privateering and which puts
this country in the attitude of uphold
ing privateering, in case of war Con-
vention VII would be observed by the
American government