File No. 763.72111/473
The Ambassador in Germany (Gerard) to the Secretary of State
Berlin, October 15, 1914, 7 p.m.
[Received October 16, 1:30 p.m.]
[Telegram]
515. The Foreign Office sends me the following memorandum on the subject of the treatment of armed merchant ships in neutral ports:
According to an official notice in the Westminster Gazette of September 21, 1914, the Department of State at Washington has ruled that the ships of belligerents which are furnished with armament and ammunition shall nevertheless be treated in American ports as merchant ships, provided the armament serves exclusively defensive purposes. This ruling fails wholly to comply with the principles of neutrality.
The purpose of the equipment of the British merchant vessels with artillery is armed resistance against the German cruisers. Such resistance is contrary to international law because a merchant vessel is not permitted to defend itself in a military sense against a war vessel; the act of resistance would give the warship [the right to send the merchant ship to the bottom] with crew and passengers. It may be questioned whether ships armed in this manner may be admitted into the ports of a neutral country at all. In any event, such ships cannot enjoy any better treatment in neutral ports than regular warships intended for use in legitimate warfare; they would, therefore, at least be subject to the rules issued by a neutral country restricting the stay of warships.
If the American Government believes that it fulfills its duty as a neutral by confining the admission of armed merchant ships to such ships as are fitted out for defensive purposes only, it must be pointed out that as far as determining the warlike character of a ship is concerned, the distinction between offensive and defensive arms is irrelevant; the destination of the ship for use of any kind in war is conclusive. Furthermore, restrictions of the extent of armament afford no guarantee that ships armed for defensive will not, in certain circumstances, be used for offensive purposes.