OCR Text |
Show 1101! IS BEENFORGED IB.ESI 'i Department Issues Landa Dealing With 'els Suspected of Applying Warships. 1 Jon approves THE REGULATIONS ent Officials Make L'lain There Has Been ' j, Agreement With Foreign Nations. tiiXGTOX. Sept. How Ameri-lu Ameri-lu siiall del with armed ves- i m- ports of the United States ' tint ships suspected of carrying ;0 belligerent warships off the !' u Set forth In memoranda is-tht is-tht by the state department, , approval of the president. Sir ring-Wee, the British embassa- - tod many conferences at the - t concerning neutrality ques-... ques-... u Vas made plain by officials - if.it's action was not the result ureement on the subject. " i.irfranda follow: - b of armed merchant vessels. . rmrchant vessel of belligerent ' iiiv may carry an armament -mmition for the sole purpose - ; without acquiring the vt of a ship of war. -e presence of an armament munition on board a merchant reates a presumption that the 6 lint is for offensive purposes. owners or agents may over-. over-. this presumption by evidence that the vessel carries arm-solely arm-solely for defense. Furnish Proof. ' LviOence necessary to establish 'it that the armament is solely iense and will not be used of-tiy. of-tiy. whether the armament be 1 j or stowed below, must be ; i'l in each case Independently official investigation. The re-lf re-lf the Investigation must show liively that the armament Is not lei for and will not be used In : rive operations, ritions that the armament will - used offensively are: Ul the caliber of the guns ri does not exceed six inches. the guns and small arms f are few in number. ' Trii no guns are mounted on the ui part of the vessel. :: T at the quantity of ammuni-i- uirlid is small. Crew Required. I f.-at the vessel is manned by sidl crew, and the officers are , s.T.e as those on board before , 'is declared. r it the vessel intends to and ' y does clear for a port lying isual trade route, or a port in-i in-i i"c Its purpose to continue in ne trade In which It was en-... en-... i before war was declared. rat the vessel takes on fuel and . sufficient only to carry it 'rt of destination or the same l -11. substantially, which it has .. i ur-toineil to take for a voyage - ;ar was declared. i l llie cargo of the vessel con-' con-' 'i articles of commerce un-i un-i for use or a ship of war in y : oris against an enemy. i n of Passengers. : !' the vessel carries passen-m passen-m are. as a whole, unfitted 'tj the military or naval serv-,. serv-,. f belligerent whose flaf? the ,. 1 ,"'s. or any of its allies, and , . "S. If the passenger list in- r 'omen and children. -iat the speed of the ship is a,uthrltles. on the arrival j. 01 the, United States of an t- !,55el t belligerent na lions 1-' 1-' ."in? to be a merchant vm-- vm-- Immediately InvestiKHle i to Washington on the fore-. fore-. iiidii.ttion.s as to the intended 'ie armament In order that it Of ermlne.J whether the evi-,., evi-,., . " ""Went to remove the pre-i pre-i ,i I vessel Is, and i i I l'M " ship of war. ,. , ; ni no be granted until I. fmm Washington, and the i he so Informed upon ar- r. i' Mrfio? of 11 mercliant I -' di e, ls ,0 tob-, tob-, ii e, i oi circumstantial evl- :,, u vessel ! Suspects. .- ! .'i'trl!SS','s "?l'ctl or car- , rr'"s to belligerent war- l'aw,i "Pvrations for bellljr-: bellljr-: ,,' p" ' presumed when 'J ' Wica 'P5"cs are furnished iiy, ' t" such warships I,'::,;;'. thre months L '! ill'.''", or during the if , ' ''"r; ehr directly or or ,'"t vessels of bel-:Jl bel-:Jl . .d,r"tl,tral nationality acting i u ...rm , 'r"e Intends to do-t do-t ' - LS a bel,if;"t war. I ,!!-. ., ' when unsup. iV n 'o;:'0, "'mstantlal evl- !)-! in r,.1uty " a neutral to-, 'i' Such m"chant I.' ! 'h' inn purr"'so of Inves- JS; r-'.io,.,i,.n. , r;u the vessel has ' ' l a h! r''-ri ln 'urnlshlng ' OiH.serent warship . mnof Vessels. i'-f suppon- lmen,lP 5''; U,at a mer- ., rrat-.t ,C S s!a-,ls sufficient !' i'l- i nti'on ot th ssel , 1 ".. ( I ,crm be Investl-;lt(n Investl-;lt(n 5 b'w"'lnK cases: ,B: H o,f" k:erel" warship Is , Ti !"!, for , . ,,a taki"K on Is a s ral "HPP'les, or ..ft warship Kff Presumption ;if. u'fn th I 8 orf the port-)lf port-)lf ,-tion.m,' nrffrcha,nl vessel ia of If Ilr!hlp',a k't,ie belligerent, . known to be off the ' ' '!vKa"' VM"'. which l'? " C 87K between .- 'ward at J?' ates. faiieot to JtJt I nsltfn. cf Port of arrival ll,o 1" nava' supplies ' teke o? v of "eparturo, , o board a similar IJk ''iieti coal I r other Busplies ar9 purchased by an agent of a belligerent belliger-ent government and shipped on board ' a merchant vessel, which does not clear for a port of the belligerent but for a neighboring neutral port. E When an agent of a belligerent Is taken on board a merchant vessel having a cargo of fuel or other supplies sup-plies and clearing for a- neighboring neutral port. 4. The fact that the merchant vessel, ves-sel, which is laden with fuel or other naval supplies seeks clearance under strong suspicion that it Is the intention inten-tion to furnish such fuel or supplies to a belligerent warship, is not sufficient suffi-cient ground to warrant its detention, if the case is isolated and neither the vessel or the warship for which the supplies are presumably intended, has previously taken on board similar supplies since tho war begari or within with-in three months during the, period of the war. Essential Idea. 5. The essenllal fdea of neutral territory becoming the base for naval operations bv a belligerent is repeated re-peated departure from such territory by a naval tender of the belligerent, or by a merchant vessel in belligerent belliger-ent serviro, which Ih laden with fuel or other naval .supplies. i 6. A merchant vessel laden with naval supplies clearintr from a port of the United States for the port of another neutral nation, which urrlves at Us destination and there discharges its cargo, should not be detained. If, on a second voyage, It takes on board another cargo of similar nature. Under No Obligations. Tn such a case the port of thft other' neutral nation may be a base for the naval operations of a belligerent. If so and even if the fact is notorious, this government is under no obligations obliga-tions to prevent the shipment of naval supplies to that port. Commerce in munitions of war between noutral nations na-tions cannot, as a rule, be a basis for a claim of unneutral conduct, even though there is a strong presumption or actual knowledge that the neutral state, in whose port the supplies are discharged, is permitting its terri tory to be used as a base of supplies : for belligerent warships. The duty ; of preventing an unneutral act rests i entirely upon the neutral state whose territory ia being used as such a . base. , . . .. In fact, this principle goes further In that if the supplies were shipped directlv to an established naval base In the" territory or under tho control of a belligerent. this government would not be obligated by its neutral duty to limit such shipments or detain de-tain or otherwise interfere with the merchant vessels engaged In the tra-h. A neutral can only he charged with unneutral conduct when supplies, furnished fur-nished to a belligerent warship, arn furnished directlv to it In a port of the neutral or through naval tenders or merchant vessels noting as tenders, departing from such port. 7 The foregoing propositions do not apply to furnishing munitions of war included In absolute contraband since In no event can a bel luerent warship take on such munit ons in neutral waters, nor should it he nci -mltterl to do So indirectly hy rno,., of naval tenders or merchant ccl3 acting as such tenders. |