Part 2

Acting from this point of view, the German Admiralty proclaimed a naval war zone, whose limits it exactly defined. Germany, so far as possible, will seek to close this war zone with mines, and will also endeavor to destroy hostile merchant vessels in every other way. While the German Government, in taking action based upon this overpowering point of view, keeps itself far removed from all intentional destruction of neutral lives and property, on the other hand, it does not fail to recognize that from the action to be taken against Great Britain dangers arise which threaten all trade within the war zone, without distinction. This a natural result of mine warfare, which, even under the strictest observance of the limits of international law, endangers every ship approaching the mine area. The German Government considers itself entitled to hope that all neutrals will acquiesce in these measures, as they have done in the case of the grievous damages inflicted upon them by British measures, all the more so as Germany is resolved, for the protection of neutral shipping even in the naval war zone, to do everything which is at all compatible with the attainment of this object.

In view of the fact that Germany gave the first proof of her good-will in fixing a time limit of not less than fourteen days before the execution of said measures, so that neutral shipping might have an opportunity of making arrangements to avoid threatening danger, this can most surely be achieved by remaining away from the naval war zone. Neutral vessels which, despite this ample notice, which greatly affects the achievement of our aims in our war against Great Britain, enter these closed waters will themselves bear the responsibility for any unfortunate accidents that may occur. Germany disclaims all responsibility for such accidents and their consequences.

Germany has further expressly announced the destruction of all enemy merchant vessels found within the war zone, but not the destruction of all merchant vessels, as the United States seems erroneously to have understood. This restriction which Germany imposes upon itself is prejudicial to the aim of our warfare, especially as in the application of the conception of contraband practiced by Great Britain toward Germany--which conception will now also be similarly interpreted by Germany--the presumption will be that neutral ships have contraband aboard. Germany naturally is unwilling to renounce its rights to ascertain the presence of contraband in neutral vessels, and in certain cases to draw conclusions therefrom.

Germany is ready, finally, to deliberate with the United States concerning any measures which might secure the safety of legitimate shipping of neutrals in the war zone. Germany cannot, however, forbear to point out that all its efforts in this direction may be rendered very difficult by two circumstances: First, the misuse of neutral flags by British merchant vessels, which is indubitably known to the United States; second, the contraband trade already mentioned, especially in war materials, on neutral vessels.

Regarding the latter point, Germany would fain hope that the United States, after further consideration, will come to a conclusion corresponding to the spirit of real neutrality. Regarding the first point, the secret order of the British Admiralty, recommending to British merchant ships the use of neutral flags, has been communicated by Germany to the United States and confirmed by communication with the British Foreign Office, which designates this procedure as entirely unobjectionable and in accordance with British law. British merchant shipping immediately followed this advice, as doubtless is known to the American Government from the incidents of the Lusitania and the Laertes.

Moreover, the British Government has supplied arms to British merchant ships and instructed them forcibly to resist German submarines. In these circumstances, it would be very difficult for submarines to recognize neutral merchant ships, for search in most cases cannot be undertaken, seeing that in the case of a disguised British ship from which an attack may be expected the searching party and the submarine would be exposed to destruction.

Great Britain, then, was in a position to make the German measures illusory if the British merchant fleet persisted in the misuse of neutral flags and neutral ships could not otherwise be recognized beyond doubt. Germany, however, being in a state of necessity, wherein she was placed by violation of law, must render effective her measures in all circumstances, in order thereby to compel her adversary to adopt methods of warfare corresponding with international law, and so to restore the freedom of the seas, of which Germany at all times is the defender and for which she today is fighting.

Germany therefore rejoices that the United States has made representations to Great Britain concerning the illegal use of their flag, and expresses the expectation that this procedure will force Great Britain to respect the American flag in the future. In this expectation, commanders of German submarines have been instructed, as already mentioned in the note of Feb. 4, to refrain from violent action against American merchant vessels, so far as these can be recognized.

In order to prevent in the surest manner the consequences of confusion--though naturally not so far as mines are concerned--Germany recommends that the United States make its ships which are conveying peaceful cargoes through the British war zone discernible by means of convoys.

Germany believes it may act on the supposition that only such ships would be convoyed as carried goods not regarded as contraband according to the British interpretation made in the case of Germany.

How this method of convoy can be carried out is a question concerning which Germany is ready to open negotiations with the United States as soon as possible. Germany would be particularly grateful, however, if the United States would urgently recommend to its merchant vessels to avoid the British naval war zone, in any case until the settlement of the flag question. Germany is inclined to the confident hope that the United States will be able to appreciate in its entire significance the heavy battle which Germany is waging for existence, and that from the foregoing explanations and promises it will acquire full understanding of the motives and the aims of the measures announced by Germany.

Germany repeats that it has now resolved upon the projected measures only under the strongest necessity of national self-defense, such measures having been deferred out of consideration for neutrals.

If the United States, in view of the weight which it is justified in throwing and able to throw into the scales of the fate of peoples, should succeed at the last moment in removing the grounds which make that procedure an obligatory duty for Germany, and if the American Government, in particular, should find a way to make the Declaration of London respected--on behalf, also, of those powers which are fighting on Germany's side--and there by make possible for Germany legitimate importation of the necessaries of life and industrial raw material, then the German Government could not too highly appreciate such a service, rendered in the interests of humane methods of warfare, and would gladly draw conclusions from the new situation.

BRITAIN'S ANSWER.

_LONDON, Feb. 19.--The full text of Great Britain's note regarding the flag, as handed to the American Ambassador, follows:_

The memorandum communicated on the 11th of February calls attention in courteous and friendly terms to the action of the Captain of the British steamer Lusitania in raising the flag of the United States of America when approaching British waters, and says that the Government of the United States feels certain anxiety in considering the possibility of any general use of the flag of the United States by British vessels traversing those waters, since the effect of such a policy might be to bring about a menace to the lives and vessels of United States citizens.

It was understood that the German Government announced their intention of sinking British merchant vessels at sight by torpedoes, without giving any opportunity of making any provision for the saving of the lives of non-combatant crews and passengers. It was in consequence of this threat that the Lusitania raised the United States flag on her inward voyage.

On her subsequent outward voyage a request was made by United States passengers, who were embarking on board of her, that the United States flag should be hoisted presumably to insure their safety. Meanwhile, the memorandum from your Excellency had been received. His Majesty's Government did not give any advice to the company as to how to meet this request, and it understood that the Lusitania left Liverpool under the British flag.

It seems unnecessary to say more as regards the Lusitania in particular.

In regard to the use of foreign flags by merchant vessels, the British Merchant Shipping act makes it clear that the use of the British flag by foreign merchant vessels is permitted in time of war for the purpose of escaping capture. It is believed that in the case of some other nations there is similar recognition of the same practice with regard to their flag, and that none of them has forbidden it.

It would, therefore, be unreasonable to expect his Majesty's Government to pass legislation forbidding the use of foreign flags by British merchant vessels to avoid capture by the enemy, now that the German Government have announced their intention to sink merchant vessels at sight with their non-combatant crews, cargoes, and papers, a proceeding hitherto regarded by the opinion of the world not as war, but piracy.

It is felt that the United States Government could not fairly ask the British Government to order British merchant vessels to forgo a means, always hitherto permitted, of escaping not only capture but the much worse fate of sinking and destruction.

Great Britain always has, when a neutral, accorded to vessels of other States at war the liberty to use the British flag as a means of protection against capture, and instances are on record when United States vessels availed themselves of this facility during the American civil war. It would be contrary to fair expectation if now, when conditions are reversed, the United States and neutral nations were to grudge to British ships the liberty to take similar action.

The British Government have no intention of advising their merchant shipping to use foreign flags as a general practice or to resort to them otherwise than for escaping capture or destruction. The obligation upon a belligerent warship to ascertain definitely for itself the nationality and character of a merchant vessel before capturing it, and a fortiori before sinking and destroying it, has been universally recognized.

If that obligation is fulfilled, the hoisting of a neutral flag on board a British vessel cannot possibly endanger neutral shipping, and the British Government holds that if loss to neutrals is caused by disregard of this obligation it is upon the enemy vessel disregarding it and upon the Government giving the orders that it should be disregarded that the sole responsibility for injury to neutrals ought to rest.

ALLIES' DECLARATION OF REPRISALS.

_LONDON, March 1.--Following is the text of the statement read by Premier Asquith in the House of Commons today and communicated at the same time to the neutral powers in their capitals as an outline of the Allies' policy of retaliation against Germany for her "war zone" decree:_

Germany has declared the English Channel, the north and west coasts of France, and the waters around the British Isles a war area, and has officially given notice that all enemy ships found in that area will be destroyed, and that neutral vessels may be exposed to danger.

This is, in effect, a claim to torpedo at sight, without regard to the safety of the crew or passengers, any merchant vessel under any flag. As it is not in the power of the German Admiralty to maintain any surface craft in these waters, the attack can only be delivered by submarine agency.

The law and customs of nations in regard to attacks on commerce have always presumed that the first duty of the captor of a merchant vessel is bringing it before a prize court, where it may be tried and where regularities of the capture may be challenged, and where neutrals may recover their cargo.

The sinking of prizes is, in itself, a questionable act, to be resorted to only in extraordinary circumstances, and after provision has been made for the safety of all crews and passengers.

The responsibility of discriminating between neutral and enemy vessels and between neutral and enemy cargoes obviously rests with the attacking ship, whose duty it is to verify the status and character of the vessel and cargo, and to preserve all papers before sinking or capturing the ship. So, also, the humane duty to provide for the safety of crews of merchant vessels, whether neutral or enemy, is an obligation on every belligerent.

It is upon this basis that all previous discussions of law for regulating warfare have proceeded. The German submarine fulfills none of these obligations. She enjoys no local command of the waters wherein she operates. She does not take her captures within the jurisdiction of a prize court. She carries no prize crew which can be put aboard prizes which she seizes. She uses no effective means of discriminating between neutral and enemy vessels. She does not receive on board for safety the crew of the vessel she sinks. Her methods of warfare, therefore, are entirely outside the scope of any international instruments regulating operations against commerce in time of war.

The German declaration substitutes indiscriminate destruction for regulated captures. Germany has adopted this method against the peaceful trader and the non-combatant, with the avowed object of preventing commodities of all kinds, including food for the civilian population, from reaching or leaving the British Isles or Northern France.

Her opponents are, therefore, driven to frame retaliatory measures in order in their turn to prevent commodities of any kind from reaching or leaving Germany.

These measures will, however, be enforced by the British and French Governments without risk to neutral ships or neutral or non-combatant lives, and in strict observation of the dictates of humanity. The British and French Governments will, therefore, hold themselves free to detain and take into port ships carrying goods of presumed enemy destination, ownership, or origin.

It is not intended to confiscate such vessels or cargoes unless they would otherwise be liable to confiscation. Vessels with cargoes which sailed before this date will not be affected.

Britain's New and Original Blockade

American Protests Following the "War Zone" Decrees Defined

The first definite statement of the real character of the measures adopted by Great Britain and her allies for restricting the trade of Germany was obtained at Washington on March 17, 1915, when Secretary Bryan made public the text of all the recent notes exchanged between the United States Government and Germany and the Allies regarding the freedom of legitimate American commerce in the war zones. These notes, six in all, show that Great Britain and France stand firm in their announced intention to cut off all trade with Germany. The communications revealed that the United States Government, realizing the difficulties of maintaining an effective blockade by a close guard of an enemy coast on account of the newly developed activity of submarines, asked that "a radius of activity" be defined. Great Britain and France replied with the announcement that the operations of blockade would not be conducted "outside of European waters, including the Mediterranean."

The definition of a "radius of activity" for the allied fleet in European waters, including the Mediterranean, is the first intimation of the geographical limits of the reprisal order. Its limits were not given more exactly, the Allies contend, because Germany was equally indefinite in proclaiming all the waters surrounding Great Britain and Ireland a "war zone." The measures adopted are those of a blockade against all trade to and from Germany--not the historical kind of blockade recognized in international law, but a new and original form.

The several notes between the United States and the belligerent Governments follow. The stars in the German note mean that as it came to the State Department in cipher certain words were omitted, probably through telegraphic error. In the official text of the note the State Department calls attention to the stars by an asterisk and a footnote saying "apparent omission." In the French note the same thing occurs, and is indicated by the footnote "undecipherable group," meaning that the cipher symbols into which the French note was put by our Embassy in Paris could not be translated back into plain language by the State Department cipher experts. From the context it is apparent that the omitted words in the German note are "insist upon," or words to that effect.

AMERICAN NOTE TO THE BELLIGERENTS.

_The following identic note was sent by the Secretary of State to the American Ambassadors at London and Berlin:_

WASHINGTON, Feb. 20, 1915.

You will please deliver to Sir Edward Grey the following identic note, which we are sending England and Germany:

In view of the correspondence which has passed between this Government and Great Britain and Germany, respectively, relative to the declaration of a war zone by the German Admiralty, and the use of neutral flags by the British merchant vessels, this Government ventures to express the hope that the two belligerent Governments may, through reciprocal concessions, find a basis for agreement which will relieve neutral ships engaged in peaceful commerce from the great dangers which they will incur in the high seas adjacent to the coasts of the belligerents.

The Government of the United States respectfully suggests that an agreement in terms like the following might be entered into. This suggestion is not to be regarded as in any sense a proposal made by this Government, for it of course fully recognizes that it is not its privilege to propose terms of agreement between Great Britain and Germany, even though the matter be one in which it and the people of the United States are directly and deeply interested. It is merely venturing to take the liberty, which it hopes may be accorded a sincere friend desirous of embarrassing neither nation involved, and of serving, if it may, the common interests of humanity. The course outlined is offered in the hope that it may draw forth the views and elicit the suggestions of the British and German Governments on a matter of capital interest to the whole world.

Germany and Great Britain to agree:

First--That neither will sow any floating mines, whether upon the high seas or in territorial waters; that neither will plant on the high seas anchored mines, except within cannon range of harbors for defensive purposes only; and that all mines shall bear the stamp of the Government planting them, and be so constructed as to become harmless if separated from their moorings.

Second--That neither will use submarines to attack merchant vessels of any nationality, except to enforce the right of visit and search.

Third---That each will require their respective merchant vessels not to use neutral flags for the purpose of disguise or ruse de guerre.

Germany to agree: That all importations of food or foodstuffs from the United States (and from such other neutral countries as may ask it) into Germany shall be consigned to agencies to be designated by the United States Government; that these American agencies shall have entire charge and control without interference on the part of German Government of the receipt and distribution of such importations, and shall distribute them solely to retail dealers bearing licenses from the German Government entitling them to receive and furnish such food and foodstuffs to non-combatants only; that any violation of the terms of the retailers' licenses shall work a forfeiture of their rights to receive such food and foodstuffs for this purpose, and that such food and foodstuffs will not be requisitioned by the German Government for any purpose whatsoever, or be diverted to the use of the armed forces of Germany.

Great Britain to agree: That food and foodstuffs will not be placed upon the absolute contraband list, and that shipments of such commodities will not be interfered with or detained by British authorities, if consigned to agencies designated by the United States Government in Germany for the receipt and distribution of such cargoes to licensed German retailers for distribution solely to the non-combatant population.

In submitting this proposed basis of agreement this Government does not wish to be understood as admitting or denying any belligerent or neutral right established by the principles of international law, but would consider the agreement, if acceptable to the interested powers, a modus vivendi based upon expediency rather than legal right, and as not binding upon the United States either in its present form or in a modified form until accepted by this Government.

BRYAN.

II.

GERMANY'S REPLY.

_The German reply, handed to the American Ambassador at Berlin, follows:_

BERLIN, March 1, 1915.

The undersigned has the honor to inform his Excellency, Mr. James W. Gerard, Ambassador of the United States of America, in reply to the note of the 22d inst., that the Imperial German Government have taken note with great interest of the suggestion of the American Government that certain principles for the conduct of maritime war on the part of Germany and England be agreed upon for the protection of neutral shipping. They see therein new evidence of the friendly feelings of the American Government toward the German Government, which are fully reciprocated by Germany.

It is in accordance with Germany's wishes also to have maritime war conducted according to rules, which, without discriminatingly restricting one or the other of the belligerent powers in the use of their means of warfare, are equally considerate of the interests of neutrals and the dictates of humanity. Consequently it was intimated in the German note of the 16th inst. that observation of the Declaration of London on the part of Germany's adversaries would create a new situation from which the German Government would gladly draw the proper conclusions.

Proceeding from this view, the German Government have carefully examined the suggestion of the American Government and believe that they can actually see in it a suitable basis for the practical solution of the questions which have arisen.

With regard to the various points of the American note, they beg to make the following remarks:

First--With regard to the sowing of mines, the German Government would be willing to agree, as suggested, not to use floating mines and to have anchored mines constructed as indicated. Moreover, they agree to put the stamp of the Government on all mines to be planted. On the other hand, it does not appear to them to be feasible for the belligerents wholly to for ego the use of anchored mines for offensive purposes.