The thoughts and opinions expressed are those of the authors and not necessarily of the U.S. Government,
the U.S. Department of the Navy or the Naval War College.
International Law Studies—Volume 15
II.
ENEMY
VESSELS
AT
OUTBREAK
OF
WAR
—
DAYS OF
GRACE.
Interference before
war.
—
The
diplomatic
correspond-ence
between Great
Britain
and
Germany
seems
toshow
that there
was
some
interference
with
shipping
even
be-fore
war was
declared,
though
the
reason given
was
"that
mines were
being
laidand
other precautions
being taken."
1iNo. ISO.—Sir EdwardGreytoSirE. Goschen. (Telegraphic.)
London, Foreign Office,Aug.1, 1914.
We
areinformedthat authoritiesatHamburghaveforciblydetainedsteamersbelong-ing tothe GreatCentral Co. andother British merchantships.
Ican notascertainonwhatgrounds the detentionofBritishshipshas beenordered.
Youshould request GermanGovernmenttosendimmediateorders thatthey should be allowedtoproceed withoutdelay. Theeffectonpublic opinionherewillbe
deplor-able unlessthisisdone. HisMajesty's Government,ontheir side,aremostanxiousto
avoidanyincidentofanaggressivenature,andtheGermanGovernmentwill,Ihope,be equally careful not to take any step which would make the situation between us
impossible.
No. 143.—Sir E.GoschentoSir Edward Grey.
(Telegraphic. ReceivedAug.2.)
Berlin,Aug.1,1914.
DetentionofBritishmerchantshipat Hamburg. Yourtelegramof 1stAugust•actedon.
SecretaryofState,whoexpressed thegreatest surpriseandannoyance, haspromised
tosendordersatoncetoallowsteamerstoproceed withoutdelay.
iSeeNo.130.
No.145.
—
Sir E.GoschentoSirEdward Grey.(Telegraphic. ReceivedAugust2.)
Berlin, Aug.2,1914.
My
telegramofAug.I.2SecretaryofStateinformsmethat orderswere sentlastnight toallow British ships
inHamburgtoproceedontheirway. Hesays that this mustbe regardedasa special
favortoHisMajesty'sGovernment,asnoother foreign shipshave beenallowedto leave.
Reasonofdetentionwasthat mines werebeinglaidandotherprecautions being taken. 2SeeNo.143.
No. 149.—SirEdwardGreytoSirE. Goschen. (Telegraphic.)
London, ForeignOffice,Aug.2,1914.
Yourtelegramof 1stAugust.3
Iregret tolearn that 100 tonsofsugar was compulsorilyunloaded fromthe British
steamshipSapphoatHamburganddetained. Similar actionappearstohave beentaken
withregard to other British vesselsloadedwithsugar.
REVIEW
OF REGULATIONS.
17
Review
of
regulations.—
The
British
Orders
inCouncil
ofAugust
4,1914,
referring toVI Hague
Convention,
1907,
1showed
a disposition
to establishwith
Germany
Youshould inform Secretary ofState that,forreasons stated in
my
telegramof 1stAugust,41mostearnestly trustthattheordersalready sent to Hamburgtoallowthe
clearanceofBritishshipscoveralsotherelease oftheir cargoes,the detentionofwhich
can not bejustified.
3SeeNo.143.
<SeeNo.130.
No. 150.—SirE.GoschentoSir EdwardGrey.
(Telegraphic. ReceivedAugust3.)
Berlin,Aug:3,1914.
Yourtelegramof2d August.5
DetentionofBritishshipsatHamburg.
Noinformationavailable.
&SeeNo.149.
No.156.
—
SirEdwardGreytoSir E. Goschen. (Telegraphic.)London, Foreign Office,
A
ug.4,1914.Icontinuetoreceive numerouscomplaintsfrom Britishfirms as tothe detentionof
theirshipsatHamburg,Cuxhaven, and other Germanports. Thisactiononthe part
ofthe Germanauthoritiesistotally unjustifiable. Itisin directcontraventionof
inter-nationallaw andoftheassurancesgiventoyour Excellencybythe ImperialChancellor.
Youshoulddemandtheimmediaterelease ofallBritish shipsifsuchreleasehas notyet
beengiven.
1 Conventionrelativetothe status ofenemymerchantshipsattheoutbreakofhostilities.
(The United Stateshas notratified this convention. The provisions arecontained inarticles 1,2, 3,4.)
Article 1.
When
amerchantshipbelongingtooneofthe belligerentpowersisatthecommence-mentof hostilitiesinanenemyport,it isdesirablethatitshouldbe allowedtodepart
freely,eitherimmediately,or afterareasonablenumberofdaysofgrace,andtoproceed,
afterbeing furnished withapass,directtoitsportofdestinationoranyother port in-dicated.
Thesameruleshouldapplyinthecaseof ashipwhichhasleft itslastportofdeparture
beforethecommencementofthewarandenteredaport belongingtotheenemywhile
stillignorantthathostilitieshad brokenout.
Article 2.
A
merchantshipunable,owingtocircumstancesofforcemajeure,toleavetheenemy portwithin the period contemplatedin theabovearticle,orwhich wasnotallowedtoleave,cannotbeconfiscated.
Thebelligerent mayonly detainit, withoutpayment ofcompensation, butsubject
tothe obligationofrestoringitafterthewar,orrequisitionitonpaymentof
compensa-tion.
Article 3.
Enemy
merchantships whichlefttheirlast portofdeparturebeforethecommence-mentofthe war,andareencounteredenthe highseaswhilestillignorantoftheoutbreak
of hostilitiescan not beconfiscated. Theyareonlyliable todetentionon the under-standingthattheyshallberestoredafterthewarwithoutcompensation,ortobe
requi-sitioned, oreven destroyed,on payment ofcompensation, but in such case provision
18
DAYS OF
GRACE.
by
reciprocalagreement
ten
"days
ofgrace"
(p. 19).The
correspondence
seems
toindicate
awillingness
on
the
part
ofboth
belligerents toadopt
thisperiod
but
through
a
misunderstanding
thiswas
not
adopted
(p. 22)."With
Austria-Hungary, however,
a satisfactory
agree-ment
was
made
by
Great
Britain
and
ten
days
were
allowed
from
the declaration
of hostilities (p. 23).Great
Britain,considering
that
Turkey
was
not
a
party
tothe
Hague
Convention
relative tothe
Status
ofEnemy
Merchant
Vessels
atthe
Outbreak
ofWar
did
not
extend
toTurkish
vesselsthe
advantages
ofthe
order
in
council
ofAugust
4,1914
(p.24
note).The
same
position
was assumed
by
Great
Britain
inregard
toBulgaria
(p. 25).The
declaration
ofwar
between
Germany
and
France,
August
3,1914,
contained
a
proposal
fora
reciprocal
agreement
inregard
todays
ofgrace
(p. 26).These
two
States
allowed
a
seven-days
period
ofgrace
(p. 26).France
and
Austria
reached
a
similar
reciprocal
agreement
(p. 27).Italy
decreed
the
sequestration
ofenemy
merchant
vessels
unless
apparently intended
forconversion
into
vessels of
war.
Vessels
ofthe
latter class w^ere tobe
captured
and
placed
inthe
prize
court
(p. 27).The
proceeds
of saleor
use
of vesselswhich had
been
seques-trated
might be used
topay
indemnity
incase
the
enemy
acted contrary
to"the
principles ofthe
rights ofwar
generally
recognized
and
admitted"
(p. 31).Naval
War
Collegeproposal,
1906.
—
In
general
the
principle ofreciprocity
has
received
approval
since
July, 1914,
and
the practice
inmany
instances
has
been
similar
tothat
proposed
by
the
United
States
Naval
War
College
in1906
inthe following
words:
1.
Each
State enteringupon
a war shall announce a date beforewhich
enemy
vesselsbound
for or within its ports at the outbreak ofmustbemadeforthe safetyofthepersonsonboardaswellasthe securityofthe ship's
papers.
Aftertouchingata port in theirowncountryorataneutralport,these ships aresubject
tothelawsandcustomsofmaritimewar.
Article 4.
Enemycargoonboardthe vessels referredtoinarticles1and2islikewiseliabletobe
detainedandrestoredafterthetermination ofthewarwithoutpaymentof
compensa-tion,or to berequisitionedon paymentofcompensation, withorwithoutthe ship.
GREAT
BRITAIN
AND
GERMANY.
19war shall under ordinary conditions be allowed to enter, to discharge
cargo, to load cargo,
and
to depart, without liability to capture whilesailing directly to a peimitted destination. If one belligerent State allows a shorterperiodthan theother, theother State
may,
asa matterof light, reduce its period to correspond therewith.
2.
Each
belligeient Statemay
make
such regulations in regard tosojourn, conduct, cargo, destination,
and
movements
after departureof the innocent
enemy
vessels asmay
bedeemed
necessaryto protectits military interests.
3.
A
private vessel suitableforwarlikeuse, belongingtoonebelliger-ent
and
bound
for or within the portof the other belligerent attheoutbreak of war, is liable to be detained unless the
Government
ofthevessel's flag
makes
a satisfactory agreementthatitshall not be putto
any
warlike use, inwhich
case itmay
be accorded thesame
treat-ment
as innocentenemy
vessels. (InternationalLaw
Topics andDis-cussions, 1906, p. 46.)
Recent
action
on days
ofgrace
isshown
below:
GREAT
BRITAIN
AND
GERMANY.
Orderin council relating to the detention of
German
ships in British portsorin anyports ofany native State in India, or inany ofHis Majesty's
protectorates, or in any State under His Majesty's protection or in
Cyprus.1
1914. No. 1248.
At
the Court atBuckingham
Palace, the 4th day of August, 1914.Present:
The
King's Most ExcellentMajesty in council.His Majecty being mindful,
now
that a state of war exists betweenthis country and
Germany,
of the recognitionaccorded to thepracticeof granting "days of grace" to
enemy
merchant
shipsby
theconven-tion relative tothe status of
enemy
merchant ships at the outbreak of hostilities, signed atThe Hague
on the 18th October, 1907, and beingdesirous of lessening, so far as
may
be practicable, the injury causedby
war to peacefuland
unsuspecting commerce, is pleased,by and
with the adviceofhisprivy council, to order, and it is hereby ordered
as follows:
1.
From
and after the publication of this order noenemy
merchantship shall be allowed to depart, except in accordance with the provi-sions of this order, from
any
British port or fromany
ports inany
native State in India, or
any
of His Majesty's protectorates, or inany
State under His Majesty'sprotection orin Cyprus.
2. In the event of one of HisMajesty's principal secretaries of state
being satisfied
by
information reachinghim
not later than midnighton Friday, the 7th
day
of August that the treatment accorded toBritish merchant ships and their cargoes
which
at the date of theoutbreak of hostilities were in the ports of the
enemy
or whichsub-sequently entered
them
is not less favorable than the treatmentac-1
A
similar order in council was issued bytheCanadian Government onAugust20
DAYS OF
GRACE.
corded to
enemy
merchant shipsby
articles 3 to 7 of this order,he
shall notify the lords commissioners of His Majesty'streasury and the
lords commissioners of the Admiralty accordingly, and public notice thereof shall forthwith be given in the
London
Gazette, and articles3 to 8 of this ordershall thereupon
come
into full force and effect.3. Subject to the provisions of this order,
enemy
merchant shipswhich
"(1)
At
the date of the outbreak of hostilities were inany
port inwhich this order applies; or
"(2) Cleared from their last port before the declaration of war,
and
aftertheoutbreakof hostilities, enter a porttowhichthisorderapplies,
with no knowledge of the war:
"
shall be allowed
up
till midnight (Greenwichmean
time) on Friday,the 14th day of August,-for loading or unloadingtheir cargoes, and for
departingfrom suchport:
Provided,
That
such vessels shall not be allowed to shipany
con-traband of war, and any contraband of war already shipped on such
vessels
must
be discharged.4.
Enemy
merchant ships which cleared from their last port beforethe declarationof war, and which with no knowledgeof thewar arrive at a portto
which
thisorderappliesafterthe expiryofthetimeallowedby
article 3 for loading or unloading cargoand
for departing, and arepermitted to enter,
may
be required to depart eitherimmediately, orwithin suchtime as
may
be considered necessaryby
the customsofficerof the portfor the unloading of such cargo as they
may
be requiredorspeciallypermitted to discharge.
Provided,
That
such vesselsmay,
as a condition of being allowed todischarge cargo, be required to proceed to
any
other specified Britishport, and shallthere beallowed such timefordischarge asthecustoms
officer ofthat port
may
considerto be necessary.Provided also, That,if
any
cargo on board suchvessel is contrabandof war or is requisitioned underarticle 5 of this order, she
may
bere-quired before the departure to discharge such cargo within such time
as the customsofficer of the port
may
consider to be necessary; orshemay
be required to proceed, if necessary under escort, to any otheroftheports specified inarticle 1ofthisorder, andshall theredischarge thecontraband underthe like conditions.
5. His Majesty reservesthe rightrecognized
by
the said conventionto requisition at
any
time subject topayment
of compensationenemy
cargoon board
any
vessel towhich
articles 3 and 4 of the orderapply.6.
The
privileges accordedby
articles 3and
4 are not to extend tocable ships, or to seagoing ships designed to carry oil fuel, or to ships
whose tonnage exceeds 5,000 tons gross, or whose speed is 14 knots or over, regarding
which
the entries in Lloyd's Register shall becon-clusive for the purposes of this article.
Such
vessels will remainliableonadjudication
by
theprizecourttodetention during the periodof the war, or to requisition, in accordance, in either case, with the
convention aforesaid.
The
said privileges will also not extend toGREAT
BRITAIN
AND GERMANY.
21
conversion into warships, as such vessels are outside the scope of the
said convention,
and
are liable on adjudicationby
the prize court tocondemnation as prize.
7.
Enemy
merchant ships allowed to depart under articles 3and
4 will be provided with a pass indicating the port towhich
they are toproceed,
and
the routethey are to follow.8.
A
merchant ship which, after receipt of such a pass, does notfollow thecourseindicated therein willbe liable to capture.
9. If no information reaches one of His Majesty's principal
secre-taries of state
by
theday and
hour aforementioned to the effect thatthe treatment accorded to British merchant ships
and
their cargoeswhich
were in the ports of theenemy
at the date of the outbreak ofhostilities, or -\ hich subsequently entered them, is, in his opinion,
not less favorable than that accorded to
enemy
merchant shipsby
articles 3 to 8 of this order, everyenemy
merchantship which, on theoutbreak of hostilities, was in any port to
which
this order applies,and
also'everyenemy
merchant shipwhich
cleared from its last portbefore the declaration of var, but which, with no knowledge of the
war entersa port to -\ hich this order applies, shall, together tiththe
cargoonboardthereof, beliable to capture, andshallbe broughtbefore
the prize court forth ith for adjudication.
10. In the event of information reaching one of His Majesty's prin-cipal secretaries of state that British merchant ships
which
clearedfromtheirlast portbefore the declarationof war,
but
aremet
t ithby
the
enemy
at sea after the outbreak of hostilities, are allowed tocon-tinue their voyage without interference with either the ship or the
cargo, or after capture are released with or vithout proceedings for
adjudication in the prize court, or are to be detained during the
war
or requisitioned in lieu of condemnation as prize, he shall notify the
lords commissioners of the Admiralty accordingly, and shall publish a notification thereof in the
London
Gazette, and in that event, butnot otherwise,
enemy
merchant shipswhich
cleared from their lastport before the declaration of war,
and
are captured after theout-break of hostilities and brought before the prize courts for
adjudica-tion, shall be released or detained or requisitioned in such cases
and
upon
such terms asmay
be directed in the said notification in theLondon
Gazette.11. Neutral cargo, other than contrabandof war, on board an
enemy
merchant ship
which
is not allowed to depart from a port towhich
this order applies, shall be released.
12. In accordance with the provisions of Chapter III of the
conven-tion relative to certain restrictions on the exercise of the right of
cap-ture in maritimewar, signed at
The
Hague
on the 18th October, 1907,an undertaking must, whetherthe merchant ship is allowed todepart
or not, be givenin writing
by
each of the officersandmembers
of theerev of such vessel,
who
is ofenemy
nationality, that he will not, after the conclusion of the voyage forwhich
the passis issued, engagewhile hostilities last in any service connected with the operation of
22
DAYS OF
GRACE.
must be given in Kilting that he will not serve, after the conclusion
of the voyage for
which
the pass is issued, on anyenemy
ship whilehostilities last.
No
undertaking is to be recpuired frommembers
ofthe ere »*
who
are of neutral nationality.Officers or
members
of the cre.v decliningto give the undertakingsrequired
by
this article v ill be detained as prisonersof war.And
the lords commissioners of His Majesty's treasury, the lordscommissioners of the Admiralty, and each of His Majesty's principal
secretaries of state, and all governors, officers, and authorities
whom
it
may
concern are togive the necessary directionsherein as tothem
may
respectively appertain.Almeric
FitzRoy.Notification ofthe SecretaryofState for Foreign Affairs as to the
treat-mentaccordedtoBritish merchantships andtheir cargoesin
German
ports.On
the night of August 4, 1914, the Secretary of State received thefollowing notice fromthe
German
ambassador:"The
ImperialGovernment
will keep merchant vessels flying theBritish flag interned in
German
harbors, but will liberatethem
if theImperial
Government
receive a counter undertaking from the BritishGovernment
withinforty-eight hours."On
August5 a copy of theorder in council issued onAugust 4 as tothe treatment of
enemy
merchant vessels in British ports at the dateof the outbreak of hostilities was
communicated
to the ambassador ofthe United States in London,
who
was then in charge ofGerman
interestsin this country, with a request thathe
would
be sogoodas tocause inquiry to be
made
of theGerman
Government
as to whetherthe terms of articles 3 to 8of the orderin council constitutedan
under-taking of the nature the
German
Government
required, and underwhich
theywould
liberate merchant vessels flying the British flaginterned in
German
harbors.On
August 7 a communication was received from the United Statesembassy
that the United States minister at Stockholmhad
sent thefollowing telegram signed
by
the United States ambassador at Berlin:"Please state if Englandhas issued proclamation that she gives
per-mission to
enemy
ships to leave British ports until midnight, August14. If this is so,
Germany
will issue corresponding orders.Reply
through
German
legation, Stockholm."The
United Statesembassy
added
that they did not believe thatthis telegramwasareplytothe message
which had
beentransmitted toBerlin.
On
inquiry at the United Statesembassy
shortly before midnight itwa> ascertained that no further communication
had
been receivedfrom Berlin.
The
secretary of state for foreignaffairs has therefore no informationas to the treatment accorded to British merchant ships
and
theircargoes in
German
ports,and
has accordingly addressed theunder-mentioned notification tothelordscommissionersofthetreasuryandto
GREAT BRITAIN
AND
AUSTRIA.
23
Foreign
Office, S. W.,Midnight, August 7, 1914.
My
Lords: Ihavethehonorto statethatnoinformationhasreachedme
that the treatment accorded to British merchant shipsand
theircargoes
which
were inGerman
ports at the date of the outbreak of hostilities orwhich
subsequently enteredthem
is not less favorablethan that accorded to
enemy
merchant shipsby
articles 3 to 8 of theorder in council issued on the 4th
day
of August, 1914, with referenceto
enemy
ships being in British ports at the outbreak of hostilities orsubsequentlyenteringthem. Articles3 to 8 ofthe saidorderin council
will thereforenot
come
into operation.I have thehonor to be,
my
lords,Your
lordships' mostobedient,humble
servant,(Signed) E.
Grey.
(British
Manual
ofEmergency
Legislation, 1914, p. 138.)GREAT
BRITAIN
AND
AUSTRIA-HUNGARY.
Notification oftheSecretary of State for ForeignAffairs asto thetreatment accorded to British merchant ships and their cargoes in
Austro-Hun-garian ports.
The
secretary of state for foreign affairs has received information ofanature to satisfy
him
that the treatment accordedtoBritishmerchantships
and
their cargoes in Austro-Hungarian ports is not less favorablethan that accorded to Austro-Hungarian merchant ships
and
theircar-goes in British ports,
and
he has accordingly addressed theundermen-tioned notificationtothelords commissionersofthetreasury andto the
lords commissionersof the admiralty.
Foreign
Office, S. W.,August15,
1914-My
Lords: I have the honor to state that information has reachedme
ofanature to satisfyme
thatthe treatmentaccordedto Britishmer-chantships
and
theircargoeswhich
werein Austro-Hungarian ports atthe date of the outbreak of hostilities, or
which
subsequently enteredthem, is not lessfavorable than thataccorded
by
articles 3 to 8 of theorder in council issued on the 4th
day
ofAugust, 1914, with referenceto
enemy
ships beingin British ports at the outbreak of hostilities orsubsequently entering them,
which
was extended so as to applytoAustro-Hungarian merchant ships
by
His Majesty's proclamationissued on the ]2th
day
ofAugust, 1914.Articles3 to 8 ofthe saidorderin council, asextended
by
theprocla-mation dated the 12th August, 1914, will therefore
come
into full forceand
effect withregard to Austro-Hungarian merchantships.I have the honorto be,
my
lords,Your
lordships' mostobedient,humble
servant,(Signed) E.
Grey.
24
DAYS OF
GRACE.
By
the
royal
proclamation
ofAugust
12,1914,
itwas
declared:
3. (1) In the order in council issued with reference to the departure
from our ports ol
enemy
vessels, which at the outbreak of hostilitieswere in any such port or which subsequently entered tti3 same, the
word
"enemy,"
as applied to eitherships or cargo, shall bedeemed
asfrom this date to include Austro-Hungarian ships orcargo.
(2) In the application of this article to Austro-Hungarian ships the
date Saturday, the 15th dayofAugust, shall besubstituted forthe date
mentioned in article 2 ofthe said orderin council,
and
the dateSatur-day, the 22d day ofAugust, shall be substituted forthe datementioned
inarticle 3 of the said order in council. (Ibid, p. 98.)
GREAT
BRITAIN
AND
BULGARIA.
By
the King.A
proclamationextending to the war with Bulgaria the proclamationsand
orders in council
now
inforce relating to the war.George
R. I."Whereas owing to the
King
of the Bulgarians, an ally of the centralpowers, being
naw
in a state ofwar with theKing
of Serbia, our ally, astate of war
now
existsbetween usand
theKing
of the Bulgarians;And
whereasonthe 4th day ofAugust, 1914, astate ofwarcame
intoexistence between us
and
theGerman
Emperor;And
whereaswe
did on thesame
date and en certain other datessubsequent thereto issue certain proclamations
and
orders in councilconnected with such state ofwar;
And
whereas on the 12th day of August, 1914, a state of warcame
into existence between us and the
Emperor
of Austria,King
ofHungary;
And
whereas certain of the aforesaid proclamations and orders incouncil have since been extended so as to cover the state of war
be-tween us
and
theEmperor
ofAustria,King
of Hungary;And
whereas on the 5th day ofNovember,
1914, a state of warcame
into existence between us
and
the Sultan of Turkey;And
whereas certain of the aforesaid proclamations and orders incouncil have since been extended so as to cover the state of
war
between us
and
the Sultan of Turkey;1And
whereaswe
have
since the said 5th day ofNovember,
1914,issued certain otherproclamations
and
orders in council with reference1By the royal proclamation of Nov\
5, 1914, it was declared among other matters
that—
"Whereas the convention relating to the status ofenemy merchant vessels at the
outbreakof hostilitiessignedatThe Hagueonthe18thOctober,1907,has not been rati-fied bythe SultanofTurkey, and thereforewedonot thinkfit toextend toTurkish
ships the order in council issued the 4thdayofAugust,1914,withreferencetodeparture
from ourportsofenemy vessels,whichattheoutbreakof hostilitieswereinanysuch
GREAT BRITAIN
AND
BULGARIA.
25
to the state ofwar between us
and
theGerman
Emperor, theEmperor
of Austria,
King
of Hungary,and
the Sultan of Turkey;And
whereasitisdesirablenow
toprovideforthestate ofwarbetweenus
and
theKing
of the Bulgarians;And
whereasthe conventionrelatingtothe statusofenemy
merchant
vessels at the outbreak ofhostilities, signed at
The Hague
on the 18thday of October, 1907, has not been ratified
by
theKing
of theBul-garians,
and
thereforewe
do not think fit to extend to Bulgarian shipsthe orderin councilissued on the 4th
day
of August, 1914, withrefer-ence to the departure from our ports of
enemy
vessels,which
at theoutbreak of hostilities were in
any
such port orwhich
subsequentlyentered the same:
Now,
therefore,we
have thought fit,by and
with the advice of ourprivy council, to issue this our royal proclamation declaring,
and
it isherebydeclared, as follows:
1.
The
proclamationsand
orders in council issued with referenceto thestate ofwar between us
and
theGerman
Emperor, or withrefer-ence to the state of war between us
and
theGerman
Emperor and
theEmperor
of Austria,King
of Hungary, or with reference to the stateof war between us
and
theGerman
Emperor, theEmperor
ofAustria,King
of Hungary,and
the Sultan of Turkey, other than the order incouncil issued on the 4th day of August, 1914, with reference to the
departure from our ports of
enemy
vessels,which
at the outbreak ofhostilities were in
any
such ports, orwhich
subsequently entered thesame, shall, ifstillinforce, applytothestate ofwar betweenus
and
theKing
of the Bulgariansas from this 16thday
of October, 1915.2.
The
proclamation issued on the 5th day of August, 1914, warningall our subjects,
and
all persons resident or being in our dominions,from contributing to or participating in, or assisting in the floating of
any
loanraisedonbehalfoftheGerman
Government, orfrom advancingmoney
toorenteringintoany
contract ordealingswhatsoever with thesaid Government, or otherwise aiding, abetting, or assisting the said
Government, shall be
deemed
as from this 16th day of October, 1915,toapplytoallloans raised onbehalfof, orcontracts or dealings entered
into with, or toaiding, abetting, or assistingtheBulgarianGovernment.
3.
The
words"enemy
country" inany
of the proclamations oroidcrs in council referred to in article 1 of this proclamation shall
include the dominions of the
King
of the Bulgarians,and
the words"persons of
enemy
nationality" inany
of the said proclamations ororders in council shall include subjects of the
King
of the Bulgarians.Given
at our court atBuckingham
Palace, this 16th day of October,in the year of our Lord 1915, and in the sixth year of ourreign.
God
save the King.26
DAYS OF
GRACE.
GERMANY AND
FRANCE.
DECLARATION DE
GUERRE
DE l'aLLEMAGN'E A LAFRANCE
DU
3AO0T
1914.Lettre de M. Schoen, ambassadeur d'Allemagne en France, a M. Rene
Viviani, president du conseil des ministres, ministre des affaires Stran-geres.
"Monsieur
le President:"Los
autorites administratives et militaires allemandes ont constat«'
un
certainnombre
d'actes d'hostilite caracteriseecommis
surterri-toire allemand par des aviateura franeais. Plusieurs de ces derniers
ont manifestement viole la neutrality de la Belgique survolant le
terri-toire de ce pays.
L'un
a essaye de detruire des constructions pres deWesel, d'autres ont ete aperciis sur la region de 1'Eiffel,
un
autre ajete des
bombes
sur lechemin
de fer pres de Karlsruhe et deNurem-berg.
"Jesuischarge et j'ail'honneurdefaire connaitrea VotreExcellence
qu'en presence de ces agressions, Y
Empire
allemand se considere enetat de guerre avec la France
du
fait de cette derniere puissance."J'aien
meme
tempsl'honneur de porter ala connaissance de VotreExcellence
que
les autorites allemandes retiendront les naviresniar-chandsfraneais dans desports allemands, mais qu'elles les relacheront
si, dans lea quarante-huit heures, la reciprocity complete est assuree.
"Ma
mission diplomatique ayant ainsi pris fin, il neme
reste plusqu'a prier Votre Excellence de vouloir bien
me
munir
demes
passe-portset de prendreles mesures qu'elle jugerait utiles pour assurermon
retour en Allemagne avec le personnel de l'ambassade ainsi qu'avec
le personnel de la legation de Baviere et
du
consulat generald'Alle-magne
a Paris."Veuillez agreer, Monsieur le President, l'expression de
ma
treshaute consideration.
"Signe: Schoen.''
Decret du 4 aout 1914 relatif aux navires de commerce allemands se
trovant actuellement dans lesportsfraneais.
Art. 1. Les navires de
commerce
allemands se trouvantactuelle-ment
dans les ports franeais depuis et y compris le 3 aout 1914, adix-huit heures quarante-cinq minutes, ou y entrant sans connaitre lea
hostilites, auront, a partir de la date
du
present decret,un
delai deseptjours francs pour en sortir librement, etgagner directement, apres avoir ete
munis
d'un laissez-passer, leur port de destination ou telautre port qui leur sera designe par les autorites maritimes
du
port franeais ouils se trouvent.Par suite de la reserve faite par le gouvernement allemand
aux
articles 3 et 4, alinea2, de la convention
VI
de laHave
de 1907, lebenefice de la disposition precedente ne s'applique pas aux navires
allemands qui ont quitte leur dernier port de depart avant le 3 aout
1914. a dix-huit heures quarante-cinq minutes, et quisont rencontres
FRANCE
AND
AUSTRIA.
27
Art. 2.
Ne
beneficieront pas de la faveur accordee par Particle lertous navires dont la construction, l'armement ou l'affectation
indique-ront qu'ils sont susceptibles d'etre transformes en batiments de guerre
ou affectes a
un
service public.Dans
le cas ou ces navires seraient charges d'unservice postal,Tad-ministration des postes pourvoira a l'expedition, par la vote la plus rapide, dessacs et colispostaux embarques surlesdits navires.
Art.3. Lesministresdesaffairesetrangeres,delamarine, destravaux
publics,
du
commerce, des postesesdes telegrapheset des colonies sont charges, etc. (Journ. off.du
6 aout 1914.)FRANCE
AND
AUSTRIA.
Decret du 13 aout 1914 relatif aux navires de commerce autrichiens ou
hongroissetrouvantdans lesports frangais depuisetycomprisle12 aout
1914.
Art. 1. Lesnaviresde
commerce
autrichiens ouhongroissetrouvantactuellementdanslesport francais depuiset y compris le 12 aout 1914,
minuit, ou y entrant sans connaitre les hostilites, auront a partirde la
date
du
presentdecret,un
delaidesept jours francspour ensortirlibre-ment
et gagner directement, apres avoir etemunis
d'un laissez-passer,leur port de destination ou tel autre port qui leur sera designe par les
autorites maritimes
du
port francaisouils setrouvent.Art. 2.
Ne
beneficieront pas de la faveur accordee par Particle lertous navires dontla construction, l'armement ou l'affectation
indique-ront qu'ilssont susceptibles d'etre transformes en batiments deguerre
ou affectes a
un
service public,non
plusque
ceux quise trouveraientactuellement saisis ou captures pour violation de neutrality
.
Dans
le casou
ces navires seraient chargesd'un servicepostal,l'ad-ministration des postes pourvoira a l'expedition, par la voie la plus rapide, des sacs et colis postaux
embarques
sur lesdits navires.Art.3. Lesministresdesaffairesetrangeres,delamarine, destravaux
publics,
du
commerce, despostesetdes telegrapheset descolonies sont charges, etc. (Journ. off.du
14 aout 1914.)ITALY
AND
AUSTRIA-HUNGARY.
ROYAL DECREE
OFMAY
30, 1915(NO. 814).[Translation.]
Thomas
of Savoy,Duke
of Genoa, Lieutenant-General of His MajestyVictor
Emanuel
III, by the Grace ofGod
and the will ofthe Nation,King
ofItaly.
Invirtue ofthe authority delegated to us;
Whereas
the royal decree of the 16thMay,
1915, No. 659, suspendsthe application of articles 211
and
243 of the mercantile marine code in the event ofthe participation of Italy in the present international28
DAYS
OF GRACE.
Having
regard to the Sixth and Eleventh Convention signed atThe
Hague, onthe 18th October, 1907. which Italy declaresshewillobserve
so far asthe lawsin force in the
Kingdom
and the othermeasures takenby
theGovernment
oftheKing
permit;Whereas
a state of war exists:In virtue of the extraordinary powers conferred on the
Government
of the
King by
the law ofthe 22d May, 1915, No. 671;The
council of ministershaving been consulted;On
the motion of the minister of marine, acting in concert withthe ministersfor foreign affairs, of the colonies, and of finance;
We
have decreed and decree:Article 1. All
enemy
ships lying in the ports and territorial watersof the
kingdom
and of its colonies at the outbreak of hostilities shallbe sequestered
by
thelocal naval authorities.Art. 2. Special technical commissions, assisted
by
the navalauthori-ties, shall visit
enemy
merchant ships thus sequestered, with theobject of ascertaining
which among
them
are so constructed or built,or contain such internal arrangements or fittings, as
may
justify theassumption that they are intended to be converted eventually into warships.
Art. 3. In all cases in
which
it shall be found that vessels were intended for conversion into warships, these vessels shall be capturedand placed under thejurisdiction ofthe prize courtfor adecision asto
theirultimate disposal.
Art. 4.
The
vesselswhich
shallnot be found tohave been intendedfor conversion into warships shall remain under sequestration.
They
may
berequisitionedby
the minister ofmarine for thewhole durationof the present war, in accordancewith rules tobelaid
down
inanotherdecree.
Art. 5.
Enemy
goods found on board all merchant vessels referredtoin article 1 above mentioned shallbe sequestered and restored after
the war, without an indemnity, or else requisitioned with an
indem-nity.
Perishable goods shall be sold on special conditions
which
shall belaid
down by
our ministry of marine.Art. 6. Neutral goods found on board
any
merchant ship referredtounderarticle1 shallbereleasedsubjecttoan optionofrequisitioning
them
with anindemnity which
theGovernment
of theKing
may
exercise.1
Art. 7.
The
decision as to the nationality of the goods referred tounder the preceding articles 5
and
6,and
the consequent verdict as1 Foreign ofiict notification
,August 9, 1915, astoBritish-owned cargoin Austrian vessels
detainedin Italy.
HisMajesty's ambassador at Romeisinformed by the Italian Government that in
ordertoobtainrelease ofBritish-ownedgoods on AustrianvesselsdetainedinItalythe
interested partiesshould pr?sent th?ir applicationsforrelease ofsucn goods directto
the Italian ministerofmarine,togetherwithalldocumentsavailableinsupportoftheir
claim to ownership. Theministerofmarine willthen determinewhich goodscanbe
releasedwithout further formalities, and which it will be necessaryto submit to the
ITALY
A^D
AUSTRIA.
29
to the release or sequestration of these goods shall lie with the prize court.
Art. 8.
The
regulations laiddown
inarticles 5and
6 oftheEleventhHague
Convention of the 18th October, 1907, shall be applicable tothe
members
of the crews onenemy
merchant
vessels referred to inthe precedingarticle 1.
Art. 9.
The
treatment laiddown
in the preceding articles shall notbe extendedto
enemy
merchant
ships,which
shallcarryoutorattemptto carry out
any
acts of hostility whetherdirect or indirect.Art. 10.
The
rules laiddown
inthe precedingarticlesarealsoappli-cable to those
enemy
merchant
shipswhich
shall have left their lastport before the declaration of war,
and
which
aremet
at sea beforetheyare aware of the
commencement
of hostilities.Art. 11.
The
ministerof marineisempowered
to issue special rulesforthepublicationofthepresentdecree
which comes
into force to-day.We
order that the present decree, furnished with the seal of state,be included in the official record of the laws
and
decreesof theKing-dom
of Italy, requiring everyone concerned toobserveitand
cause itto be observed.
Given
atRome
this 30thday
ofMay,
1915.Thomas
ofSavoy.
(British Parliamentary Papers, Miscellaneous, No. 18 (1915). Cd.
8104.)
ROYAL DECREE
OFJUXE
17, 1915 (NO. 957).[Translation.]
Special regulationsfor the application of the decree of 30th May, 1915;
No. 814, relating to the treatment of
enemy
merchant vessels in portsofthe
Kingdom
or ofthe colonies.Thomas
of Savoy,Duke
of Genoa, lieutenant general ofHis MajestyVictor
Emanuel
III,by
the GraceofGod
and
the will of the Nation,King
of Italy.In virtue of the authority delegated to us;
In
view
of thelaw ofthe22dMay,
1915, No. 671, thatconfersextra-ordinary powers on the
Government
of the King;In
view
ofourdecree, datedthe 30thMay,
1915, No.814,which
laysdown
rules for the treatmentofenemy
merchant
vessels lying in theports of the
Kingdom
and
the colonies;At
the proposalofthe ministry ofmarine, in concertwiththeminis-tries forforeignaffairs
and
the colonies;We
have decreedand
do decree:Art. 1.
Enemy
merchant
vesselspresent in the portsand
territorialwaters of the
Kingdom
at theoutbreakof hostilities,and
sequestratedby
the local maritime authorities in accordance with article 1 of ourdecree of the 30th
May,
1915, No. 814, are inscribed on a provisional30
DAYS
OF GRACE.
use the national flag
and
to navigate conformably to the regulationsestablished in the following articles:
Art. 2. Vessels captured in virtue of article 3 of our decree of the 30th May, 1915, No. S14. are placed at the disposal of the ministry of
marine,
who
may
arm
andman
them,and employ
them
in theserviceof the Royal
Government
pending the final judgment of the prize court.Art. 3. Vessels sequestrated in conformity with article 4 of our
decree of the 30th May, 1915. Xo. 814,
may
be requisitionedby
theministry of marine for the whole period of hostilities, either to be
armed
andmanned
by
the royal navy, or to behanded
over.to thesen-ice of
some
other State administration or public body, or againto a navigation
company
acting under authority of theabove-men-tioned ministry.
The
service of vessels indicated in the present article shall be regu-latedby
the rules governing the national mercantile marine, exceptwhen
such vesselsshallhave transformedinto shipsofwar.Art. 4.
A
special commission formedby
the ministry of marine,presided over
by
the director general of the mercantile marine, andcomposed of a superiornaval officer, of asuperior official ofthe central
administration of the mercantile marine, and a captain of the port,
will lay
down
the conditions underwhich
the use of vessels referredto in article 3 will be conceded to such administrations, corporations, or societies as
may
apply forthem
andmay
be duly authorized toemploy
them.Art. 5.
The payment
of amonthly
rate for charter correspondingto the commercial interest on the real value of the vessel at the time
of its requisition shall be included
among
the conditions attached tothe chartering ofthe vessels in question.
The
cost of any important or minor repairs thatmay
be necessaryto enable the ship to go to sea shall be deducted from the
monthly
rate referred toin the previous paragraph.
On
the other hand, the charges ofupkeep
and all other expensesentailed
by
the runningofthe vessel shallbedefrayedby
theadminis-trations, corporations, or societies
who
have takenit over.Art. 6.
The
monthly
rates to be paid for charter as conditionedby
the preceding article, and
minus
the deductions provided for in thesame, shall be paid into a special and separate fund, to the credit of
the parties entitled thereto at the caisse of deposits for
seamen
in themaritime department of Genoa.
Attheend of hostilities the fund will be liquidated in favorof those
entitled, in accordance with ourdispositions to follow.
We
order that the present decree, furnished with the seal of state,be included in the official record of the laws
and
decrees of theKing-dom
of Italy, requiring everyone concerned to observe it and causeitto be observed
.
Given
atRome
this 17th day of June, 1915.Thomas
of Savoy.(British Parliamentary Papers, Miscellaneous, No. 18 (1915)
SEQUESTRATION
AND
INDEMNITY.
31
ROYAL DECREE
OFJUNE
24, 1915 (NO. 1014).[Translation.]
Thomas
of Savoy,Duke
ofGenoa, lieutenant general of His MajestyVictor
Emanuel
III,by
the grace ofGod
and
the will of the nation,King
of Italy.In virtue of the authoritydelegated to us;
Whereas the royal decree of the 16th
May,
No. 659, suspends theapplication of article 243 of the mercantile marine code during the
presentinternational conflict;
Whereas our decree of the 30th
May,
1915, No. 814, in substitutionof article 243 of the mercantile marine code, lays
down
rules for thetreatment of
enemy
merchant vessels in the territorial waters of theKingdom
and
of the colonies on the outbreak of hostilities;Whereas our decree of the 17th June, 1915, No. 957, in pursuance of
the above-mentioned decree of the 30th
May,
1915, No. 814, laysdown
rules for the use of
enemy
merchant vessels sequestrated in the portsof the
Kingdom
and
of the colonies;Having
regard to article 244 of the mercantile marine code; *In virtue of the extraordinary powers conferred on the
Government
of the
King
by
the lawof the 22dMay,
1915, No. 671;The
councilof ministershaving beenconsulted;
On
the motion of the minister of marine, acting in concert with thepresidentof the council of ministers, the minister of the interior,
and
with the ministers for foreign affairs, of the colonies,
and
of grace andjustice,
and
worship;We
have decreed and decree:Article 1. If the
enemy
causesdamage
to the lives or goods ofItalian subjects or citizens
by bombarding
undefended towns, ports, villages, houses, or other buildings,by
destroyingunarmed
merchant-men,
orby
committingany
hostile actswhich
are contrary to theprinciples of the rights of
war
generally recognized and admitted, theGovernment
of theKing
are authorized to order the appropriation ofthe
sum
required to indemnify Italian subjects or citizens, or theirrepresentatives,
who
have suffereddamage
from the enemy, from thefund
which
has been establishedby
the Caisse of Deposits for seamenin the maritime departmentof
Genoa
in accordance with the terms of article 6 of our decree of the 17thJune, 1915, No. 957.Art. 2. Ifthe fund established in virtue ofarticle 6 of our decree of
the 17th June, 1915, No. 957, should not prove sufficient to indemnify
those
who
havesuffereddamage
inthesenseindicated inthe precedingarticle 1,those
enemy
merchant ships inregard towhich
the provisioniArticle 244 isas follows(translation): "Vessels sequestrated as indicatedabove and
merchandise loadedon thesame which areofenemy property may, accordingto
cir-cumstances, be detaineduntil the conclusion of hostilitiesorelse declared to be good
prize.
"In that case theproceedswill goto indemnify, prorata ofthe respective interests
involved, Italian subjects who have suffered injury from the enemy, subject to the
observance ofthe rules andprocedure established above, both inregard tojudgment
32
DAYS OF
GRACE.
ofsequestrationhasbeenenactedinaccordancewiththetermsofarticle
4 of our decree of the 30th May, 1915, No. 814,
may
be declared goodprizeand confiscated.
Similar treatment
may
be accorded to suchenemy
goods as havebeen found on board all
enemy
merchant ships sequestrated in portsof the
Kingdom
and of its colonies at the outbreak of hostilities, forwhich
the provision of sequestration wasestablished in article 5 of ourdecree of the 30th May, 1915, No. 814.
Art. 3. Decisions as to the legitimacy of prizes \ hich
may
bede-clared underthe terms oftheprecedingarticle2. as\ ellasthedisposal
of the
sums
obtained from their seizureand
the distribution of thefund mentioned in the preceding article 1, will be taken
by
the prize court, vhich will be guidedby
the rulesand
procedure establishedin the mercantile marinecode,
and by
theregulationsdra nup
forthecourtitself.
Art. 4. If the prize court ascertains that the
sums
composing thefund mentioned in article 1. or the ships or goods declared to be good
prize andconfiscated inaccordance - ith the terms of article 2. belong
to individuals of Italian nationality but natives of regions ^ hich are
under the dominions of the Austro-Hungarian Empire, the prize court
may
suspend theactsofdistributionofsuchsums
or ofthesums
obtain-able from thesale ofsuch ships or goods, and inform the
Government
ofthe
King
of the facts ascertained: theGovernment
of theKing
may
then, after the councilof ministers has considered the matter, proceedtoliberatethe sums, ships,
and
goods belongingtotheabove-mentionedindividuals, or
may
invite the prize court to continue the action andprocedure provided for in the preceding articles.
Art. 5. Subsequent dispositions1
\ ill be issued establishing the
mode
of procedure forthe applicationof articles 1 and 2 ofthe presentdecree.
We
order that the presentdecree, furnished with the seal of state, beincluded in the official record of the la s
and
decrees of theKingdom
of Italy, requiring everyone concerned to observe it and cause itto be
observed.
Given
atRome
thi^ 24th day of June. 1915.Thomas
of Savoy.[British Parliamentary Papers. Miscellaneous. No. IS (1915). Cd.
8104.]