CO129-508-4 Cases of attacks by pirates 6-11-1927 - 23-11-1928 — Page 226

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that a pirate cannot be captured in territorial waters,

yot on general principles action on such waters should

be left so the territorial atate. The reply to any

such contention is, however, that if the territorial

state notoriously does nothing to interfere with the

operations of pirates it must not complain if other

states supply its deficiencies.

The question whether the measures employed by the

submarine were disproportionate to their obgest is more a

question of fact than of law. It appears, however, from the naval officer's report that he first of all signalled

to the "Irene" to stop, and as she did not do so, first

fired a blank shot and then a live round scross her bows, when the ship momentarily stopped but then went on again. He then fired two shots, which struck the ship, but she

still proceeded at full speed, so he fired three more

shells which finally stopped her. In these circumstances,

and in view of the neonssity of stopping the ship before further outrages could be committed on the passengers, I consider it unlikely that the action would be held to be

disproportionate to the needs of the eases

I am, with great truth and regard,

sir.

Your obedient servant,

(for the secretary of State)

(Sd) GEORGE MOUNG Y