Orders issued by the German Government purporting to declare, in violation of the usages of war, the waters surrounding the United Kingdom a military area, in which all British and Allied merchant vessels would be destroyed, irrespective of the lives of passengers and crew, and in which neutral shipping would be exposed to similar danger, in view of the uncertainties of naval warfare; And whereas, the sinking of British, Allied, and neutral merchant ships, irrespective of the lives of passengers and crews, and in violation of the usages of war, has not been confined to the waters surrounding the United Kingdom, but has taken place in a large portion of the area of naval operations; And whereas, such illegal acts have been committed not only by German warships but by warships flying the flag of each of the enemy countries; And whereas, on account of the extension of the scope of the illegal operations carried out under the said German Orders, and in retaliation therefor, vessels have been required under the provisions of the Order in Council aforementioned to discharge in a British or Allied port goods which were of enemy origin or of enemy destination or which were enemy property, irrespective of the enemy country from or to which such goods were going or of the enemy country in which was domiciled the person whose property they were; And whereas, doubts have arisen as to whether the term "enemy" in articles 3 and 4 of the said Order in Council includes enemy countries other than Germany: Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows: 1. In articles 3 and 4 of the said Order in Council of the 11th March, 1915, aforementioned, the terms "enemy destination" and "enemy origin" shall be deemed to apply and shall apply to goods destined for or originating in any enemy country, and the term "enemy property" shall be deemed to apply and shall apply to goods belonging to any person domiciled in any enemy country. 2. Effect shall be given to this Order in the application of the said Order in Council of the 11th March, 1915, to goods which previous to the date of this Order have been discharged at a British or Allied port, being goods of destination or origin or property which was enemy though not German, and all such goods shall be detained and dealt with in all respects as is provided in the said Order in Council of the 11th March, 1915. J. C. LEDLIE. No. 3 ORDER IN COUNCIL SUPPLEMENTAL TO THE ORDERS IN COUNCIL OF MARCH 11, 1915. AND JANUARY 10, 1917, FOR PREVENTING COMMODITIES OF ANY KIND FROM REACHING, OR LEAVING, ENEMY COUNTRIES February 16, 1917. London Gazette, February 21, 1917, p. 1845. At the Court at Buckingham Palace, the 16th day of February, 1917. Present: The King's Most Excellent Majesty in Council. Whereas, by an Order in Council dated the 11th day of March, 1915, His Majesty was pleased to direct certain measures to be taken against the commerce of the enemy; And whereas, the German Government has now issued a memorandum declaring that from the 1st February, 1917, all sea traffic will be prevented in certain zones therein described adjacent to Great Britain and France and Italy, and that neutral ships will navigate the said zones at their own risk; And whereas, similar directions have been given by other enemy powers; And whereas, the orders embodied in the said memorandum are in flagrant contradiction with the rules of international law, the dictates of humanity, and the treaty obligations of the enemy: And whereas, such proceedings on the part of the enemy render it necessary for His Majesty to adopt further measures in order to maintain the efficiency of those previously taken to prevent commodities of any kind from reaching or leaving the enemy countries, and for this purpose to subject to capture and condemnation vessels carrying goods with an enemy destination or of enemy origin unless they afford unto the forces of His Majesty and His Allies ample opportunities of examining their cargoes, and also to subject such goods to condemnation: His Majesty is therefore pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that the following directions shall be observed in respect of all vessels which sail from their port of departure after the date of this Order: 1. A vessel which is encountered at sea on her way to or from a port in any neutral country affording means of access to the enemy territory without calling at a port in British or Allied territory shall, until the contrary is established, be deemed to be carrying goods with an enemy destination, or of enemy origin, and shall be brought in for examination, and, if necessary, for adjudication before the Prize Court. 2. Any vessel carrying goods with an enemy destination, or of enemy origin, shall be liable to capture and condemnation in respect of the carriage of such goods; provided that, in the case of any vessel which calls at an appointed British or Allied port for the examination of her cargo, no sentence of condemnation shall be pronounced in respect only of the carriage of goods of enemy origin or destination, and no such presumption as is laid down in Article 1 shall arise. 3. Goods which are found on the examination of any vessel to be goods of enemy origin or of enemy destination shall be liable to condemnation. 4. Nothing in this Order shall be deemed to affect the liability of any vessel or goods to capture or condemnation independently of this Order. 5. This Order is supplemental to the Orders in Council of the 11th day of March, 1915, and the 10th day of January, 1917, for restricting the commerce of the enemy. ALMERIC FITZROY. INDEX [THE FIGURES REFER TO PAGES] ABUSE OF HOSPITALITY, 858-864. ACCRETION, 195–200. ACQUISITION OF TERRITORY, Accretion, 195–200. Avulsion, 214–217. Conquest and cession, 181-195.. ACTS OF STATE, 394-403, 482-485. ADAMS, J. Q., On recognition of independence, 74 note. ADJUDICATION OF PRIZE, 1036-1096. AGE NTS IN ENEMY TERRITORY, 580-584, 584 note 5. AGENTS OF STATE, See State. ALABAMA CLAIMS, 842. ALI EN ENEMIES, Before courts of justice, 566-579. Right to sue, according to English law, 567 note 3, 570-576, 576 note 5. ARMISTICES, Convention of November 11, 1918, capture after, 1107, 1108. ASPHYXIATING GASES, Hague Declaration of 1899, 1133. ASSISTANCE OF NEUTRALS TO BELLIGERENTS, 865-911, ASYLUM, Right of, 323-336. [The figures refer to pages] In embassy or legation, 323, 325 note 28. On merchant vessel, does not exist, 332 et seq., 336 note 31. On public vessel, 326-331, 331 note 30. AUGMENTATION, Of force or equipment of belligerent cruiser, 826. AVULSION, 214–217. BACON, ROBERT, Acting Secretary of State, Settlement of claims of Roman Catholic Church in Porto Rico upon ces- BALLOONS, Hague Convention of 1907, 1162. BASE, Of hostile operations, 823. BAYS, As boundaries, 229-242. Chesapeake, within jurisdiction of United States as distinct from high Fundy, 229. When considered territory, and when parts of high sea, 237 note 27, BEHRING SEA, Part of high seas, 248. BELLIGERENCY, Recognition of, 542-544. BELLIGERENTS, As distinguished from insurgents, 537-538. Assistance to, by neutrals, 865-911. Intercourse between, 622-658. Interned in neutral territory, Hague Convention of 1907, 1147, 1148. Qualifications of, Hague Convention of 1907, 1139. BELLIGERENT USE OF NEUTRAL TERRITORY, 823-848. BLOCKADE, Absence of blockading squadron, 938 et seq., 941, 943. De facto, 944 et seq. Doctrine of continuous voyage applied to, 988 et seq. Entrance by permission of blockading squadron, 935. Essentials of, 932-934. French rule regarding warning, 937 note 12. In time of war, Declaration of London, 1162-1164. Liability of owner for action of captain, 951-953. May prevent ingress, without affecting egress, 696-701, 950. Notice of, 936, 937, 939. Pacific, 510-513. Penalty for breach, 954. BOMBARDMENT, Hague Convention of 1907, war on land, 1142, 1143. of undefended ports, etc., Hague Convention of 1907, naval warfare, 1151- BOOKS, Exempt from capture, 769. |