become a citizen of the United States does not, at the time of making such declaration, renounce allegiance to his original sovereign, but merely declares that he intends to do so. Such person does not, by his declaration of intention, acquire the status of a citizen of the United States. W. J. BRYAN.

INSTRUCTIONS TO DIPLOMATIC AND CONSULAR OFFICERS OF THE UNITED STATES OF AMERICA ENTRUSTED WITH THE INTERESTS OF FOREIGN GOVERNMENTS AT WAR WITH THE GOVERNMENTS TO WHICH SUCH OFFICERS ARE ACCREDITED

DEPARTMENT OF STATE

Washington, August 17, 1914.

To the

Diplomatic and Consular Officers of the United States of America.

GENTLEMEN:

You are instructed, in assuming charge of the subjects or citizens and the interests of a foreign power at war with the country to which you are accredited, to bear in mind the general usages of nations in relation to the functions exercised by you upon such occasions.

In the first place it is important to recall that the care and protection of foreign interests in both peace and war is based upon the consent of both foreign governments concerned. The consent, having been freely given, may as freely be withdrawn by either, and as a consequence you must exercise the extra duties imposed upon you with candid impartiality.

In the second place, the arrangement contemplates the exercise of no official function on your part, but only the use of unofficial good offices. You are not officers of the unrepresented government. A diplomatic or consular representative of the United States can not act officially as a diplomatic or consular representative of another power, such an official relation being prohibited by the Constitution of the United States. But apart from the fact of legal disability the relations of the foreign governments concerned necessarily imply personal and unofficial action. The state of war existing between the country to which you are

accredited and the country for which you are acting, is inconsistent with the continuance of diplomatic intercourse between them. Any suggestions on the part of either country for such intercourse should be referred to the Department for its consideration. It is expected that overtures looking to the resumption of diplomatic intercourse will, if made through the medium of the United States, be addressed to this Government for transmission to the belligerent concerned.

Your position, therefore, is that of the representatives of a neutral power whose attitude toward the parties to the conflict is one of impartial amity. In your interposition in behalf of the subjects or citizens of one of the belligerents you should use every care so that it will be regarded, not as an act of partisanship, but as a friendly office performed in accordance with the wishes of both parties. You should especially avoid any action which might compromise the United States as a neutral or affect the amicable relations between it and the country to which you are accredited. While you are thus exercising these unofficial functions with impartiality and discretion, you will, nevertheless, examine all complaints, which may be laid in behalf of foreign subjects or citizens under your protection, and give to them such assistance and make such representations to the authorities of the country to which you are accredited as may seem to be appropriate in accordance with these special instructions and the standing instructions of the Department.

In conclusion the Department anticipates that in some cases questions may arise regarding your authority over the buildings and other property of the foreign mission or consulate in your charge. You are advised, therefore, that your function in this respect is merely that of a custodian of the property and archives of the unrepresented government. Any interference on the part of private persons or officials with such property should be the subject of an unofficial representation or protest to the authorities of the government which is, by the rules of international law, charged with the security of diplomatic and consular premises and archives of foreign governments. If in connection with these duties you are requested or it appears desirable as a means of protection to raise the flag of the United States over the building of a foreign mission or consulate, you will bear in mind that this should not be done except with the consent of the authorities of the government to which you are accredited, and in strict compliance with the laws of the land.

As it may be desirable to hold a foreign government, of whose interests you may be in charge, responsible for the reimbursement of expenditures, which you may make as a result of such service, you will keep accurate account of all additional expense incurred in behalf of such government, its subjects or citizens, and their interests, rendering the same to this Department, when required, with such vouchers therefor as you may be able to obtain.

I am, Gentlemen,

Your obedient servant,

W. J. BRYAN.

AN ACT TO PROVIDE FOR THE ADMISSION OF FOREIGN-BUILT SHIPS TO AMERICAN REGISTRY FOR THE FOREIGN TRADE, AND FOR OTHER PURPOSES

Approved, August 18, 1914

[PUBLIC NO. 175-63D CONGRESS]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the words "not more than five years old at the time they apply for registry" in section five of the Act entitled "An Act to provide for the opening, maintenance, protection, and operation of the Panama Canal and the sanitation and government of the Canal Zone," are hereby repealed.

SEC. 2. That the President of the United States is hereby authorized, whenever in his discretion the needs of foreign commerce may require, to suspend by order, so far and for such length of time as he may deem desirable, the provisions of law prescribing that all the watch officers of vessels of the United States registered for foreign trade shall be citizens of the United States.

Under like conditions, in like manner, and to like extent the President of the United States is also hereby authorized to suspend the provisions of the law requiring survey, inspection, and measurement by officers of the United States of foreign-built vessels admitted to American registry under this Act.

SEC. 3. This Act shall take effect immediately.

CIRCULAR OF THE DEPARTMENT OF STATE OF THE UNITED STATES WITH REFERENCE TO THE STATUS OF ARMED MERCHANT VESSELS

Issued September 19, 1914

A

A merchant vessel of belligerent nationality may carry an armament and ammunition for the sole purpose of defense without acquiring the character of a ship of war.

B

The presence of an armament and ammunition on board a merchant vessel creates a presumption that the armament is for offensive purposes, but the owners or agents may overcome this presumption by evidence showing that the vessel carries armament solely for defense.

C

Evidence necessary to establish the fact that the armament is solely for defense and will not be used offensively, whether the armament be mounted or stowed below, must be presented in each case independently at an official investigation. The result of the investigation must show conclusively that the armament is not intended for, and will not be used in, offensive operations.

Indications that the armament will not be used offensively are:

1. That the caliber of the guns carried does not exceed six inches. 2. That the guns and small arms carried are few in number.

3. That no guns are mounted on the forward part of the vessel.

4. That the quantity of ammunition carried is small.

5. That the vessel is manned by its usual crew, and the officers are the same as those on board before war was declared.

6. That the vessel intends to and actually does clear for a port lying in its usual trade route, or a port indicating its purpose to continue in the same trade in which it was engaged before war was declared.

7. That the vessel takes on board fuel and supplies sufficient only to carry it to its port of destination, or the same quantity substantially which it has been accustomed to take for a voyage before war was declared.

8. That the cargo of the vessel consists of articles of commerce unsuited for the use of a ship of war in operations against an enemy.

9. That the vessel carries passengers who are as a whole unfitted to enter the military or naval service of the belligerent whose flag the vessel flies, or of any of its allies, and particularly if the passenger list includes women and children.

10. That the speed of the ship is slow.

Ꭰ

Port authorities, on the arrival in a port of the United States of an armed vessel of belligerent nationality, claiming to be a merchant vessel, should immediately investigate and report to Washington on the foregoing indications as to the intended use of the armament, in order that it may be determined whether the evidence is sufficient to remove the presumption that the vessel is, and should be treated as, a ship of war. Clearance will not be granted until authorized from Washington, and the master will be so informed upon arrival.

E

The conversion of a merchant vessel into a ship of war is a question of fact which is to be established by direct or circumstantial evidence of intention to use the vessel as a ship of war.

CIRCULAR OF THE DEPARTMENT OF STATE OF THE UNITED STATES WITH REFERENCE TO MERCHANT VESSELS SUSPECTED OF CARRYING SUPPLIES TO BELLIGERENT VESSELS

Issued September 19, 1914

1. A base of operations for belligerent warships is presumed when fuel or other supplies are furnished at an American port to such warships more than once within three months since the war began, or during the period of the war, either directly or by means of naval tenders of the belligerent or by means of merchant vessels of belligerent or neutral nationality acting as tenders.

2. A common rumor or suspicion that a merchant vessel laden with