VI.—FRENCH GOVERNMENT'S ANSWER.
The French Government transmitted the following message:
PARIS, March 14, 1915.
French Government replies as follows:
"In a letter dated March 7 your Excellency was good enough to draw my attention to the views of the Government of the United States regarding the recent communications from the French and British Governments concerning a restriction to be laid upon commerce with Germany. According to your Excellency's letter, the declaration made by the allied Governments presents some uncertainty as regards its application, concerning which the Government of the United States desires to be enlightened in order to determine what attitude it should take.
"At the same time your Excellency notified me that, while granting the possibility of using new methods of retaliation against the new use to which submarines have been put, the Government of the United States was somewhat apprehensive that the allied belligerents might (if their action is to be construed as constituting a blockade) capture in waters near America any ships which might have escaped the cruisers patrolling European waters. In acknowledging receipt of your Excellency's communication I have the honor to inform you that the Government of the republic has not failed to consider this point as presented by the Government of the United States, and I beg to specify clearly the conditions of application, as far as my Government is concerned of the declaration of the allied Governments. As well set forth by the Federal Government, the old methods of blockade cannot be entirely adhered to in view of the use Germany has made of her submarines, and also by reason of the geographical situation of that country. In answer to the challenge to the neutrals as well as to its own adversaries contained in the declaration, by which the German Imperial Government stated that it considered the seas surrounding Great Britain and the French coast on the Channel as a military zone, and warned neutral vessels not to enter the same on account of the danger they would run, the allied Governments have been obliged to examine what measures they could adopt to interrupt all maritime communication with the German Empire and thus keep it blockaded by the naval power of the two allies, at the same time, however, safeguarding as much as possible the legitimate interests of neutral powers and respecting the laws of humanity which no crime of their enemy will induce them to violate.
"The Government of the republic, therefore, reserves to itself the right of bringing into a French or allied port any ship carrying a cargo presumed to be of German origin, destination, or ownership, but it will not go to the length of seizing any neutral ship except in case of contraband. The discharged cargo shall not be confiscated. In the event of a neutral proving his lawful ownership of merchandise destined to Germany, he shall be entirely free to dispose of same, subject to certain conditions. In case the owner of the goods is a German, they shall simply be sequestrated during the war.
"Merchandise of enemy origin shall only be sequestrated when it is at the same time the property of an enemy. Merchandise belonging to neutrals shall be held at the disposal of its owner to be returned to the port of departure.
"As your Excellency will observe, these measures, while depriving the enemy of important resources, respect the rights of neutrals and will not in any way jeopardize private property, as even the enemy owner will only suffer from the suspension of the enjoyment of his rights during the term of hostilities.
"The Government of the republic, being desirous of allowing neutrals every facility to enforce their claims, (here occurred an undecipherable group of words,) give the prize court, an independent tribunal, cognizance of these questions, and in order to give the neutrals as little trouble as possible it has specified that the prize court shall give sentence within eight days, counting from the date on which the case shall have been brought before it.
"I do not doubt, Mr. Ambassador, that the Federal Government, comparing on the one hand the unspeakable violence with which the German Military Government threatens neutrals, the criminal actions unknown in maritime annals already perpetrated against neutral property and ships, and even against the lives of neutral subjects or citizens, and on the other hand the measures adopted by the allied Governments of France and Great Britain, respecting the laws of humanity and the rights of individuals, will readily perceive that the latter have not overstepped their strict rights as belligerents.
"Finally, I am anxious to assure you that it is not and it has never been the intention of the Government of the republic to extend the action of its cruisers against enemy merchandise beyond the European seas, the Mediterranean included."
SHARP.
British Order in Council
Declaring a Blockade of German Ports
LONDON, March 15.—The British Order in Council decreeing retaliatory measures on the part of the Government to meet the declaration of the Germans that the waters surrounding the United Kingdom are a military area, was made public today. The text of the order follows:
Whereas, the German Government has issued certain orders which, in violation of the usages of war, purport to declare that the waters surrounding the United Kingdom are a military area in which all British and allied merchant vessels will be destroyed irrespective of the safety and the lives of the passengers and the crews, and in which neutral shipping will be exposed to similar danger in view of the uncertainties of naval warfare, and
Whereas, in the memorandum accompanying the said orders, neutrals are warned against intrusting crews, passengers, or goods to British or allied ships, and
Whereas, such attempts on the part of the enemy give to his Majesty an unquestionable right of retaliation; and
Whereas, his Majesty has therefore decided to adopt further measures in order to prevent commodities of any kind from reaching or leaving Germany, although such measures will be enforced without risk to neutral ships or to neutral or non-combatant life and in strict observance of the dictates of humanity; and
Whereas, the allies of his Majesty are associated with him in the steps now to be announced for restricting further the commerce of Germany, his Majesty is therefore pleased by and with the advice of his Privy Council to order, and it is hereby ordered, as follows:
First—No merchant vessel which sailed from her port of departure after March 1, 1915, shall be allowed to proceed on her voyage to any German port. Unless this vessel receives a pass enabling her to proceed to some neutral or allied port to be named in the pass, the goods on board any such vessel must be discharged in a British port and placed in custody of the Marshal of the prize court. Goods so discharged, if not contraband of war, shall, if not requisitioned for the use of his Majesty, be restored by order of the court and upon such terms as the court may in the circumstances deem to be just to the person entitled thereto.
Second—No merchant vessel which sailed from any German port after March 1, 1915, shall be allowed to proceed on her voyage with any goods on board laden at such port. All goods laden at such port must be discharged in a British or allied port. Goods so discharged in a British port shall be placed in the custody of the Marshal of the prize court, and if not requisitioned for the use of his Majesty shall be detained or sold under the direction of the prize court.
The proceeds of the goods so sold shall be paid into the court and dealt with in such a manner as the court may in the circumstances deem to be just, provided that no proceeds of the sale of such goods shall be paid out of the court until the conclusion of peace, except on the application of a proper officer of the Crown, unless it be shown that the goods had become neutral property before the issue of this order, and provided also that nothing herein shall prevent the release of neutral property, laden at such enemy port, on the application of the proper officer of the Crown.
Third—Every merchant vessel which sailed from her port of departure after March 1, 1915, on her way to a port other than a German port and carrying goods with an enemy destination, or which are enemy property, may be required to discharge such goods in a British or allied port. Any goods so discharged in a British port shall be placed in the custody of the Marshal of the prize court, and unless they are contraband of war shall, if not requisitioned for the use of his Majesty, be restored by an order of the court upon such terms as the court may in the circumstances deem to be just to the person entitled thereto, and provided that this article shall not apply in any case falling within Article 2 or 4 of this order.
Fourth—Every merchant vessel which sailed from a port other than a German port after March 1, 1915, and having on board goods which are of enemy origin, or are enemy property, may be required to discharge such goods in a British or allied port. Goods so discharged in a British port shall be placed in the custody of the Marshal of the prize court, and, if not requisitioned for the use of his Majesty, shall be detained or sold under the direction of the prize court. The proceeds of the goods so sold shall be paid into the court and be dealt with in such a manner as the court may in the circumstances deem to be just, provided that no proceeds of the sale of such goods shall be paid out of the court until the conclusion of peace except on the application of a proper officer of the Crown, unless it be shown that the goods had become neutral property before the issue of this order, and provided also that nothing herein shall prevent the release of neutral property of enemy origin on application of the proper officer of the Crown.
Fifth—Any person claiming to be interested in or to have any claim in respect of any goods not being contraband of war placed in the custody of the Marshal of the prize court under this order, or in the proceeds of such goods, may forthwith issue a writ in the prize court against the proper officer of the Crown and apply for an order that the goods should be restored to him, or that their proceeds should be paid to him, or for such other order as the circumstances of the case may require.
The practice and procedure of the prize court shall, so far as applicable, be followed mutatis mutandis in any proceedings consequential upon this order.
Sixth—A merchant vessel which has cleared for a neutral port from a British or allied port, or which has been allowed to pass as having an ostensible destination to a neutral port and proceeds to an enemy port, shall, if captured on any subsequent voyage be liable to condemnation.
Seventh—Nothing in this order shall be deemed to affect the liability of any vessel or goods to capture or condemnation independently of this order.
Eighth—Nothing in this order shall prevent the relaxation of the provisions of this order in respect of the merchant vessels of any country which declares that no commerce intended for or originating in Germany, or belonging to German subjects, shall enjoy the protection of its flag.