File No. 763.72112/1880
The Ambassador in France (Sharp) to the Secretary of State
No. 1545]
Paris,
October 29, 1915.
[Received November 10.]
Sir: In confirmation of my telegram No.
1064 of the 26th inst.,2 I have the honor to transmit herewith in copy
and translation a report
[Page 180]
presented by the President of the Council, Minister for Foreign
Affairs, and the Minister of Marine to the President of the Republic
on the subject of difficulties in the application of Article 57 of
the Declaration of London, as well as the decree which was based
upon this report.
From this it appears that the French Government no longer intends to
follow the provisions of Article 57 of the Declaration of
London.
I have [etc.]
[Enclosure 1–Translation]
Report to the President of the French
Republic
Sir: Among the rules of international
maritime law, formulated by the declaration signed at London
February 26, 1909, which was not ratified, but which is being
actually applied by the decree of November 6, 1914, during the
present war with certain reservations, consisting in some
additions and modifications, the ruling inscribed under Article
57 of this declaration establishes an absolute presumption of
the neutral or enemy character of vessels according to the flag
the vessel has the right to carry.
Experience has proved that such a strict rule is in practice
capable of leading to inexact solutions. It may happen that for
commercial purposes, during a time of peace, vessels were
regularly registered under a flag which has become an enemy one
by reason of the war, while in reality the interests vested in
the ownership of these vessels belong to nationals of a third
country which may be neutral or Allied. Conversely vessels
registered under a neutral flag may as a matter of fact
represent enemy interests.
The reunion of capital in the form of societies renders these
combinations particularly easy to realize thanks to the real
personality, legally capable of holding property, and to the
nationality which the law recognizes and accords to societies
independently of the personality or the nationality of the
individuals who own interests in it.
One of the objects which a belligerent may legitimately pursue on
the high seas according to international law is to annihilate by
capture the mercantile marine of the enemy. If by attacking
neutral interests represented by a vessel registered under the
enemy’s flag the belligerent deviates from the aforementioned
aim and finds himself accused of violating the liberty of
neutral commerce, his right to act legitimately is directly
injured by the employment of registration under a neutral flag
covering enemy interests with a protection which nothing
justifies.
If these views, which have also struck our Allies, appear to you
to be well founded, I have the honor to submit for your
approbation the following draft of a decree.
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The President of the Council and
Minister for Foreign Affairs
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} |
René Viviani
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The Minister of Marine
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Victor Augagneur
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[Enclosure 2–Translation]
Decree of October 23, 1915
The President of the French Republic, on the recommendation of
the President of the Council, Minister for Foreign Affairs, and
of the Minister of Marine, referring to the decree of November
6, 1914, decrees:
Article 1. The provisions of Article
57, paragraph 1, of the declaration signed at London, February
26, 1909, relating to naval warfare shall be applied during the
present war with the following modifications, namely:
Whenever it is established that the interests vested in the
ownership of a vessel flying the enemy flag belong in point of
fact to nationals of a neutral or Allied country, or,
conversely, that the interests vested in the ownership of a
vessel flying a neutral or Allied flag belong in point of fact
to nationals of an enemy country or to persons residing in an
enemy country, the vessel shall accordingly be considered
neutral, Allied, or enemy.
[Page 181]
Article 2. The President of the
Council, Minister for Foreign Affairs, and the Minister of
Marine, each within his jurisdiction, are charged with the
execution of this decree.
Done at
Paris, October 23, 1915.
R. Poincaré
By the President of the Republic:
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The President of the Council and
Minister for Foreign Affairs
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} |
René Viviani
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The Minister of Marine
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Victor Augagneur
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