or waters of any port of entry, to be especially licensed by the collector of customs for such purpose, and may revoke any license so granted for any failure to comply with the anchorage or harbor regulations for such port, or to obey the orders of the captain of the port in such regard, or for any act inimical to the interests of the United States in the conduct of the war. Approved: WOODROW WILSON, President. 26 FEBRUARY, 1918. W. G. MCADOO, Secretary of the Treasury. Executive order establishing defensive sea area, June 29, 1918. [Official United States Bulletin, No. 350, p. 1.] 1 In accordance with the authority vested in me by section forty-four 1 of the act entitled "An act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine, as amended by the act "Making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes," approved March fourth, nineteen hundred and seventeen, I Woodrow Wilson, President of the United States, do order that the defensive sea area at Chesapeake entrance and the defensive sea area at Hampton Roads, established by Executive order under date of April fifth, nineteen hundred and seventeen,2 be hereby abolished. And further, I do order established, subject to the same disclaimer of responsibility for damage inflicted as proclaimed in said order of April fifth, nineteen hundred and seventeen, a defensive sea area, to be maintained until further notification, at the place and within the limits described as follows-that is to say: Lower Chesapeake: Outer limit.-Line parallel to that joining Cape Henry Light and Cape Charles Light and 4 nautical miles to eastward thereof, and the lines from Cape Charles Light and from Cape Henry Light perpendicular to this line. Inner limits.-Line tangent to end of wharf on west side of Old Point Comfort and Fort Wool, and a line running from Back River Light through the Light Vessel marking the southern end of the 35-foot cut known as the Baltimore Channel, thence to the eastern shore of Virginia. And I do further order that the "Regulations for Carrying into Effect the Executive Order of the President Establishing Defensive Sea Areas," approved by me April 5, 1917,2 duly promulgated and published, are and shall be considered as of full effect and binding on all 1 Supra, p. 161. 2 Naval War College International Law Documents, 1917, p. 233, 237. persons and vessels within the limits of the defensive sea area hereby established. The designated points for ships entering and leaving the defensive sea area herein established shall be as follows: Eastern limit.-Chesapeake Bay main ship channel entrance buoy. Western limit.-In channel to northwestward of entrance buoy of dredged channel, Elizabeth River. Northern limit.-Light vessel marking the southern end of the 35-foot cut known as the Baltimore Channel, thence to the eastern shore of Virginia. THE WHITE HOUSE, June 29, 1918. WOODROW WILSON. Proclamation putting into effect law to prevent the acquisition of national ships or yards by foreign interests, August 7, 1918. (Official U. S. Bulletin, No. 386, p. 2.) By the President of the United States of America: A PROCLAMATION. Whereas, an act of Congress, entitled "Shipping act, 1916," approved September 7, 1916, as amended by an act of Congress entitled "An act to amend the act approved September 7, 1916, entitled, 'An act to establish a United States Shipping Board for the purpose of encouraging, developing, and creating a naval auxiliary and naval reserve and a merchant marine to meet the requirements of the commerce of the United States with its territories and possessions and with foreign countries; to regulate carriers by water in the foreign and interstate commerce of the United States; and for other purposes,' approved July 15, 1918, contains the following provisions: SEC. 37. That when the United States is at war or during any national emergency, the existence of which is declared by proclamation of the President, it shall be unlawful, without first obtaining the approval of the board: (a) To transfer or to place under any foreign registry or flag any vessel owned in whole or in part by any person a citizen of the United States or by a corporation organized under the laws of the United States, or of any State, Territory, District, or possession thereof; or (b) To sell, mortgage, lease, charter, deliver, or in any manner transfer, or agree to sell, mortgage, lease, charter, deliver, or in any manner transfer, to any person not a citizen of the United States (1) any such vessel or any interest therein, or (2) any vessel documented under the laws of the United States, or any interest therein, or (3) any shipyard, dry dock, shipbuilding or ship-repairing plant or facilities, or any interest therein; or (c) To enter into any contract, agreement, or understanding to construct a vessel within the United States for or to be delivered to any person not a citizen of the United States, without expressly stipulating that such construction shall not begin until after the war or emergency proclaimed by the President has ended; or (d) To make any agreement, or effect any understanding whereby there is vested in or for the benefit of any person not a citizen of the United States, the controlling interest or a majority of the voting power in a corporation which is organized under the laws of the United States, or of any State, Territory, District, or possession thereof, and which owns any vessel, shipyard, dry dock, or ship-building or ship-repairing plant or facili ties; or 166 United States, Requisition of Dutch Ships. (e) To cause or procure any vessel constructed in whole or in part within the United States, which has never cleared for any foreign port, to depart from a port of the United States before it has been documented under the laws of the United States. And whereas the destruction of maritime tonnage during the present war has rendered it imperative that the American merchant marine be retained under American control and free from alien influence; Now, therefore, I, Woodrow Wilson, President of the United States of America, acting under authority conferred in me by said act, do hereby proclaim that a state of war and a national emergency within the meaning of said act do now exist, and I do hereby enjoin all persons from doing of the things in said act declared to be unlawful. For the purposes of said act of Congress, the national emergency herein proclaimed shall be deemed to continue until its termination has been evidenced by a proclamation of the President. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia this 7th day of August, in the year of our Lord 1918, and of the Independence of the United States of America the one hundred and forty-third. [SEAL.] By the President: FRANK L. POLK, Acting Secretary of State. WOODROW WILSON. REQUISITION OF FOREIGN VESSELS. Proclamation taking over Dutch vessels, March 20, 1918.1 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas the law and practice of nations accords to a belligerent power the right in times of military exigency and for purposes essential to the prosecution of war to take over and utilize neutral vessels lying within its jurisdiction; And whereas the act of Congress of June 15, 1917, entitled "An act making appropriations to supply urgent deficiencies in appropriations for the Military and Naval Establishments on account of war expenses for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for the other purposes," confers upon the President power to take over the possession of any vessel within the jurisdiction of the United States for use or operation by the United States: Now therefore, I, Woodrow Wilson, President of the United States of America, in accordance with international law and practice, and 1 See also correspondence with the Netherlands Government respecting the requisitioning of ships by the associated governments, British Parl. Pap., Misc. No. 11 (1918); correspondence with the Netherlands Government regarding the requisitioning by His Majesty's Government of British owned or chiefly British owned ships under neutral flags, British Parl. Pap., Misc. No. 5 (1918). by virtue of the act of Congress aforesaid, and as Commander in Chief of the Army and Navy of the United States, do hereby find and proclaim that the imperative military needs of the United States require the immediate utilization of vessels of Netherlands registry, now lying within the territorial waters of the United States; and I do therefore authorize and empower the Secretary of the Navy to take over on behalf of the United States the possession of and to employ all such vessels of Netherlands registry as may be necessary for essential purposes connected with the prosecution of the war against the Imperial German Government. The vessels shall be manned, equipped, and operated by the Navy Department and the United States Shipping Board, as may be deemed expedient; and the United States Shipping Board shall make to the owners thereof full compensation, in accordance with the principles of international law. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this twentieth day of March, in the year of our Lord one thousand nine hundred and eighteen, and of the independence of the United States of America the one hundred and forty-second. By the President: ROBERT LANSING, Secretary of State. WOODROW WILSON. Statement by the President with reference to taking over Dutch vessels, March 20, 1918. (Official United States Bulletin, No. 263, p. 1.) For some months the United States and the Entente Allies have been conducting negotiations with the Dutch Government with the object of concluding a general commercial agreement. A very clear statement of the character of these negotiations was made on March 12 to the Dutch Parliament by his excellency the minister of foreign affairs of Holland.1 As appears from the statement, the discussion proceeded upon the basis of two fundamental propositions, namely, that the United States and the Allies should facilitate the importation into Holland of foodstuffs and other commodities required to maintain her economic life, and that Holland should restore her merchant marine to a normal condition of activity. It was the task of the negotiators to develop a specific application of these propositions which would be acceptable to the Governments concerned. Early in January, 1918, the negotiators came to an understanding which was embodied in a tentative agreement, which was submitted to 1 Official United States Bulletin, No. 259, p. 1. For statement issued by Netherlands Government in Staats Courant, Mar. 30, 1918, ibid. No. 283, p. 2, and answer by United States Department of State, Apr. 13, 1918, ibid., No. 283, p. 1. 168 United States, Requisition of Dutch Ships. the Governments concerned in order that if acceptable it might be ratified, or if unacceptable a counter proposal might be made. The negotiations becoming prolonged, the Dutch delegates proposed, in order that their ships might sooner be put into remunerative service, that Dutch tonnage lying idle in American waters should, with certain exceptions, be immediately chartered to the United States for periods not exceeding 90 days. This proposal was accepted by the United States Government, and on January 25, 1918, the Dutch minister at Washington handed to the Secretary of State of the United States a note expressing the terms of the temporary chartering agreement and his Government's acceptance thereof. This agrement provided, among other things, that 150,000 tons of Dutch shipping should, at the discretion of the United States, be employed partly in the service of Belgian relief and partly for Switzerland on safe conduct to Cette, France, and that for each ship sent to Holland in the service of Belgian relief a corresponding vessel should leave Holland for the United States. Two Dutch ships in the United States ports with cargoes of foodstuffs were to proceed to Holland, similar tonnage being sent in exchange from Holland to the United States for charter as in the case of other Dutch ships lying in the United States ports. The agreement was explicitly temporary in character and, being designed to meet an immediate situation, prompt performance was of the essence. The Dutch Government at once disclosed, however, that it was unwilling or unable to carry out this chartering agreement which it had itself proposed. The first desire of the United States was to secure at once shipping, as contemplated by the agreement, to transport to Switzerland foodstuffs much needed by the State. One difficulty after another was, however, raised to postpone the chartering of Dutch ships for Swiss relief, and, although the reason was never formally expressed, it was generally known that the Dutch shipowners feared lest their ships should be destroyed by German submarines, even though on an errand of mercy, and though not traversing any of the so-called "danger zones" proclaimed by the German Government. That this fear was not wholly unjustified has, unhappily, been shown by the recent act of the German Government in sinking the Spanish ship Sardinero outside the "danger zone" when carrying a cargo of grain for Switzerland, and after the submarine commander had ascertained this fact by an inspection of the ship's papers. In respect of Belgian relief, the Dutch Government expressed its present inability to comply with the agreement on the ground that the German Government had given Holland to understand that it would forcibly prevent the departure from Holland of the corresponding ships, which under the agreement were to leave coincidently for the United States. The Dutch Government even felt itself unable to secure the two cargoes of foodstuffs, which under the agreement it was permitted to secure, since here again the German Government intervened and |