ON THE SEAS.

Press, Volume LII, Issue 15501, 31 January 1916, Page 7

ON THE SEAS.

ARMED MERCHANT SHIPS. AMERICAN NOTE TO BELLIGERENTS. IMPORTANT CONDITIONS SUBMITTED. THE RIGHT TO RESIST ATTACK. (By Cable.—Prees Association. —Copj'right.) (Received January 30th, 5.5 p.m.) WASHINGTON. January 2'J. Mr R. Lansing, Secretary of State, in a Note to the belligerents notifies the respective Powers that unless they subscribe to the following principles, armed merchantmen may be denied entry to American ports, except on the conditions applying to warships. I'irst:—A belligerent merchantman has a right to rely on the rules of international law and humanity.

Second : —Merchant ships c f any nationality arc not subject to attack without warning. Tliinl: —A belligerent mcrc-hant ship should promptly obey orders to stop. Fourth: —A merchant ship should not bo fucd on unless she tries to resist, and even then the attack should cease directly her flight or resistance ceases. Fifth:—The jinking of a merchant ship is justified only if it is impossible to supply a prize crow, la that ease, the passengers ami crew must be removed to safety. -Mi- l.ansi;.g adds that, in view of the extensive use of submarines. which armed merchant ships are able to attack. there is grave doubt if it is loyal for merchant ships to carry armament. Therefore he asks the Powers tu make the above declaration on condition that their enemies make similar declarations. The right ot merchant ships to arm purely tor defensive purposes is immemorial iu usage and universal in recognition. At tne beginning ot the piesent struggle the l.nited States and the various south American States declared that the British liners which carry a .small armament right aft, to protect themselves if chased, under the Admiralty scheme of two years ago would be recognised a-s bona-fuK trailers. Lord Stowell, in the ease ni the Catherina Elizabeth, declared it- was legitimate for an enemy master to resist capture by resort to armed force. "No duty is violated by such an action on his part—lupum auribiis teneo —ami if lu- can -withdraw himself ho has a light to do so." In .justifying the action of the Nereide, Chief justice Marshall showed that -lie law of the United States is the same. Ke ruieel that:— The argument respecting resistance stands on the same ground with that which respects arming, lioth are lawful. The Ncreide was armed, governed, and conducted by belligerents. It is true that on her passage she had a right to defend herself, did defend herself, and might have captured an assailing vessel. 11l a recent treatise on "Armed Merchant Ships," by ]>r. Pearco Biggins, Lecturer on International War to the Royal Naval War College, appear the following passages bearingupon this important subject:— U.S. Naval War Code (1900). Arti'•'9 10, para. 3: "The personnel of merchant vessels of an enemy, who. in self-defence mid protection of the vessel placed jn their charge, resist an attack, are entitled, if captured, to the status of prisoners of war." Italian "Cocticc per la Marine Mercantile" (1887), Article 209: "Merchantmen on being attacked by other vessels, including war vessels, may defend themselves against, and oven seize them." llussjan Prize Regulation (1895), Article 15: "The right to stop, examine, and seize hostile suspected vessels and cargoes belongs to the ships of the Imperial Navv. Vessels of the mercantile navy have a ught to do so only (1) when they are attacked by hostile or suspected vessels," etc. France recognises the same rule, as evidenced by the conclusions of De Boeek in "Do la Propriete privee enncmie," and C. Dupuis, in "Lo droit de la guerre'maritime." So much for the German contention that ''there is no legal foundation for the rule." Shortly after the sinking of the British liner Hesperian by a German submarine the following statement -was printed in the American papers: — The fact that there may have been a gun mounted on the stern of the Hesperian will not bo accepted by tho United States as justification for the attack. The State Department ruling covering this much misunderstood use of guns is presented' here: — '"A merchant vessel, if of belligerent nationality, _ may carry an armament and ammunition for tho sole purpose of defence, without acquiring tho character of a ship of Avar. "Indications that the armament will not bo used offensively are: — "That the calibre of the guns carried does not exceed six inches. "That the guns and small arms carried are few in number. "That no guns arc mounted on the forward part of the vessel. "That the quantity of ammunition carried is small. "That the vessel is manned by its usual crew, and the officers are * tho same as those 'on hoard before war i was declared. "That the vessel intends to and actually does clear for a port lying in its usual trade route, or a port indicating its purpose to continue in the same trade in which it was engaged before war was declared. "That tho cargo of the vessel consists of articles of commerce unsuitcd for the use of a ship of war in operations against an "enemy. "That the vessel carries passengers who arc as a whole unfitted to enter the military or naval service of the belligerent whoso flag the vessel flies, or for any of its Allies, and particularly if tnc passenger list includes wonijn and children. "That tho speed of the ship is slow." ff TO-MORROW." PRESIDENT WILSQN'S WARNING. NEED FCTf PREPAREDNESS. I (Received January 30th, 0.0 p.m.) WASHINGTON, January 29. President Wilson, in an important speech making a strong pica for military preparedness in the United State?, emphasised that "he had struggled to keep peace, but the liberty and honour of the nation were more important than peace." He admitted that his Message to Congress said the need for preparedness was not pressing, but he had learned much in the meantime.' Americans had a deep-seated passion for peace, but were ready to fight at any time for the vindication of their character and honour. They would at 110 time cravcnly avoid a contest, and would rather surrender territory than ideals. He desired to emphasise the fact that cir'cumstances in the world to-day were not what t-hcy were yesterday. He added:—"l cannot tell you what the international relations of the United States will be to-morrow—and I use the word literally—and I dare not keep silent, and let the country suppose that to-morrow is certain to be as bright as to-day. America will not be tho aggressor, but America cannot control the circumstances of the world. We must l>c .sure that we are the faithful servants of those things wo love, and be ready to defend them. 1 ' Washington correspondents regard the President's speech as a last warning to Count Bernstorff that Germany must give satisfaction to America in connexion with the linking of the Lusitania.

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COMMAND OF THE SEA. A HUNGARIAN " APPRECIATION." THE BRITISH BLOCKADE. (Received January ."Wth. 0..j p.m.) ZI RICH, January 2S. f ount 1 isxa, President-of the Council of Hungary, in an article iu a Budapest newspaper, says :—"England, by remaining 'Mistress of the Sea,'- has stopped rhe overseas commerce of the C cntral Powers, even the passage of foodstuffs through neutral countries. Mainly through England's cold, calculating, cruel pohrv. a condition of things formerly applied to beleaguered tow ns is now being applied to 100.Q00.000 people."