File No. 763.72/2398

The Ambassador in Austria-Hungary (Penfield) to the Secretary of State

[Telegram]

1144. Austro-Hungarian Ministry Foreign Affairs requests that following, which appears in to-day’s papers, be communicated you by telegraph:

[Translation]

Circular Note Verbale

February 10, 1916.

The governments of the neutral powers are aware that in the course of the year 1913 the British Admiralty caused a number of large English merchant vessels to be armed. As was announced on the 26th of March, 1913, in the House of Commons by the First Lord of the Admiralty, the armament of the said steamers was to protect them against the dangers arising from enemy vessels transformed into auxiliary cruisers and at the same time to serve only for defense.

[The experiences gained during the course of the present war] show that a considerable number of British merchant steamers have made use of guns placed on board them against hostile war vessels, and that not only with the [Page 167] intention of resisting the legitimate exercise of the right of capture but also of attacking and destroying hostile war vessels.

As appears from a memorandum transmitted by the Imperial German Government to the neutral powers under to-day’s date, instructions have been found on board English steamers proving that the Royal British Government themselves have incited their merchant vessels to these illegal acts, and that in direct contradiction of the assurances given to the Department of State at Washington.

The example of Great Britain has been followed during the course of the hostilities by her allies, especially by Prance and by Italy.

Without desiring to enter into an investigation of the strange claim put forward by Royal British Government according to which the merchant vessels armed by the said Government preserved their inoffensive character, whereas a merchant vessel armed by an enemy is to be considered by the English naval forces as an auxiliary cruiser, the Imperial and Royal Government limit themselves to stating that all merchant ships armed with cannon, for whatever purpose, by this very fact lose the character of peaceable vessels.

Under these conditions orders have been given to the Austro-Hungarian naval forces to treat such ships as belligerent vessels, an order which, however, will not be put into execution until the 29th of February, 1916.

This delay is granted in the interest of the neutral powers to the end that they may preserve their nationals from the danger to which they expose themselves by entrusting their persons and goods to armed merchant vessels of the states at war with Austria-Hungary, and may also warn those of their nationals who find themselves already on board the vessels of the category indicated.

Penfield