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
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