Evening star., 1917-03-06

land would be employed as far as this |
was possible also for war on sea.
In "Accord" With q. s.
''In the spirit of what was previously |
said. the regulation that warning must
be given to ship which is to be sunk /
undergoes exceptions of various kinds
| under certain circumstances: as. for
| instance. as mentioned by the Ameri-
can government in cases of fight and
resistance, when vessels may be de-
stroyed without warning; while N
other cases warning before the de
| parture of a vessel is necessary The
| Austro Hungarian government can,
therefore, state what attitude soeVer
the Washington cabinet may take IN
| regard to individual questions raised
here: that it. as especially regards pro-
lection of neutrals against endanger
| ing their lives. is essentially in accord
with the American government But
! it was not only satisfied to put into
effect in the course of this warthe col.
! ception represented by her. but beyono
that. it also accommodated its ATTITUDE
| with painful care to the thesis set up
| by the Washington cabinet, and would
feel inclined to support 1t in its en-
deavor to secure American citlzehs
\ against dangers at sea, which ehdeaVor
I
| thropy and by instructing and warn
ing those intrusted with 1T.
| Armed Vessels Pirates
LAS regards circular note 10s02 of
last year. regarding the treatment of
armed enemy merchantmen. the Aus
tro- Hungarian government. it is true,
has to state that. as already mentioned
previously. 1t is of the opinion that the
arming Of merchantmen, even if solely
for defense against the exercise of the
right of capture. is not established by
modern international law. A war ves-
| sci is obliged to come into contact with
enemy merchantmen in a peaceful
manner. 1t has to waylay the vessel
by certain signals. to enter into COM
munication with the captain. to ex
anime the ships papers. draw up a
protocol, and, If necessary. take an
inventory. etc. Fulfllment OF these
duties presupposes naturally that the
war vessel has full certainty that the
merchantmen. on its part. also will act
peacefully. Without doubt such GER
tainty does not exist If the merchant
man possesses armament which is
sufficient to fight the war vessel. 1t
can hardly be expected to discharge it's
duties under the muzzle of guns. what
ever their purpose may be. without
mentioning the fact that merchantmen
surances to the contrary. areas this
has been proved-provided with arms
for an aggressive purpose and also use
them for this purpose.
1T would also be misinterpretation
of the duties of humanity to demand
that crews of war vessels expose them
selves without defense to arms of the
enemy. No state could value it's duties
of humanity toward the legal defenders
of the fatherland less than its duties
toward subjects of foreign powers. The
Austro- Hungarian government, there
fore. could have stated from conviction
that its promise. made to the Washing
ton cabinet, did not extend, from the
very beginning. to armed merchantmen.
because they, according to the valid
principle and-right which restrict hos
tilities to organized forces are to be
regarded as pirate vessels, which may
be destroyed"
Arming of Merchantmen.
"As history shows. it was never per-
mitted under general international law
that merchantmen oppose the exercise
Of the right Of capture by war vessels.
Even II a regulation Of SUCH kind could
be found. this would not prove that ves-
sells should be allowed to arm them
selves. 1t must also be taken into con-
sideration that the arming Of merchant
men would completely transform war
fare on the sea, and that such a trans
formation cannot correspond with the
intentions of those who endeavor to
bring to bear the principles of human
ity in warfare on sea. In fact, since
the abolition of privateering no gov
ernment until a few years ago has
thought in the least of arming mer-
chantmen. Authe second peace confer
ence, which was occupied with all
questions of naval war law. the arming
of merchantmen was mentioned only
once. This utterance, however. is sig
nificant because it was made by high
naval officers. who freely declared:
, When a warship proposes to stop and
visit merchant ship, the commander.
before launching a small boat, will
cause a cannon shot to be fired. A
cannon shot is the best guarantee that
can be given. Merchant ships have no
cannon on board
| Notwithstanding that, Austria Hun
gary adhered to her promise also as re-
CARDS this question. In the mentioned
circular note neutrals were warned in
time against intrusting their persons
and property to armed vessels. The is
sued measure was not put in force at
once, but a period of grace was given
in order to enable neutrals to leave
armed vessels which they had already
| boarded. Finally, y,Austro-Hungarian war
| vessels themselves have been instruct ed
even in the case of encountering armed
tenemy merchantmen, if. in view of the
circumstances, it is possible to issue a
! warning and take care of the rescue of
passengers.