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Show GERMANY YIELDS ONE BIG POINT No More Merchantmen to Be Sunk by Submarines Without With-out Visit and Search. REPLY TO AMERICAN NOTE Berlin Still doubts Sussex Facts, Accuses Ac-cuses United States of Favoritism and Berates Britain's "Illegal" Warfare. Berlin. Following is the text of the note of the Gorman government's reply to the American note respecting submarine subma-rine warfare, delivered by Gottlieb von Jagow, the foreign secretary, to Ambassador Ambas-sador Gerard: The undersigned, on behalf of the Imperial Im-perial German government, has the honor to present to his excellency the ambassador ambassa-dor of the United States, James W. Gerard, Ge-rard, the following reply to the note of April 20 Tfcgarding the conduct of German submarine warfare. The German government handed over to the pruper naval authorities for early Investigation the evidence concerning the Sussex as communicated by the government govern-ment of the United States. Judging by the results that the Investigation has hlherto yielded, the German government is alive to the possibility that the ship mentioned in the note of April 16 as having hav-ing been torpedoed by a German submarine subma-rine is actually identical with the Sussex. Sus-sex. Further Investigation Of Case to Be Made. The German government begs to reserve re-serve further communication on the subject sub-ject until certain points are ascertained which are of decisive importance for establishing es-tablishing the facts In the case. Should It turn out that the commander was wrong in assuming the vessel to be a man-of-war, the German government i will not fail to draw the consequences resulting re-sulting therefrom. ' In connection with the case of the Sussex Sus-sex the government of the United States made a series of statements, the gist of which is the assertion that the incident Is to be considered but one instance of a aeiiDerate method of indiscriminate destruction de-struction of vessels of all sorts, nationalities national-ities and destinations by German submarine subma-rine commanders. Denies the Assertion; Facts Not Furnished. The German government must emphatically emphat-ically repudiate the assertion. The German Ger-man government, however, thinks it of little avail to enter into details In the present stage of affairs, more particularly particular-ly as the government of the United States omitted to substantiate the assertion by reference to concrete facts. The German government will only state that it has imposed far-reaching re-stiaints re-stiaints upon the use of the submarine weapon, solely in consideration of neutrals' neu-trals' Interests, In spite of the fact that these restrictions are necessarily of advantage ad-vantage to Germany's enemies. No such consideration has ever been shown neutrals neu-trals by Great Britain and her allies. Special Orders Had Been Given U-Boats. The German submarine forces have had, in fact, orders to conduct the submarine warfare in accordance with the general principles of visit and search and the destruction de-struction of merchant vessels recognized by international law, the sole exception being the conduct of warfare against enemy ene-my trade carried on enemy freight ships encountered in the war zone surrounding Great Britain. With regard to these, no assurances have ever been given to the government of the United States. No such assurances are contained in the declaration of February 8, 1916. As the German government repeatedly declared, it cannot dispense with the use of the submarine weapon in the conduct of warfare against enemy trade. The German government, however, has now decided to make it a further concession, adapting methods of submarine war to the interests of neutrals. In reaching this decision the German government Is actuated by considerations which are above the l""eI of the disputed question. Keeps Principles of Humanity in View. The German government attaches no less importance to the sacred principles of humanity than the gi-vernment of the United States. It again fully takes into account that both governments for many years co-operated in dev'oping international interna-tional law in conformity with these principles, prin-ciples, the ultimate object of which has always been to confine warfare on sea and land to armed forces of belligerents and to safeguard as far as possible non-combatants non-combatants against the horrors of war. But although these considerations are of great weight, they alone would not under present circumstances have determined the attitude of the German government. For in answer to the appeal by the government gov-ernment of the United Stales on behalf of the sacred principles of humanity and international law, the German government govern-ment must repeat once more with all emphasis, that it was not the German but the British government which ignored all accepted rules of International law and extended this terrific war to the lives and property of noncombatants, having no regard re-gard whatever for the Interests and rights of neutrals and noncombatants that through this method of warfare have been severely injured. In self-defense against the illegal conduct con-duct of British warfare, while fighting a bitter struggle for national existence, Germany had to resort to the hard but effective weapon of submarine warfare. As matters stand, the German government govern-ment cannot but reiterate regret that the sentiments of humanity which the government govern-ment of the United States extends with such fervor to the unhappy victims of submarine warfare are not extended with the same warmth of feeling to many millions of women and children who, according ac-cording to the avowed intention of the British government, shall be starved, and who, by sufferings, shall force the victorious vic-torious armies of the central powers into Ignominious capitulation. The German government, in agree- ment with the German people, falls to understand the discrimination, all the more as it has repeatedly and explicitly explicit-ly declared Itself ready to use the submarine sub-marine weapon In strict conformity with the rules of international law, as recognized before the outbreak of the war, if Great Britain likewise was ready to adapt her conduct of warfare to these rules. Several attempts made by the government gov-ernment of the United States to prevail pre-vail upon the British government to act accordingly failed because of flat refusal on the part of the British pov-ernment. pov-ernment. Moreover, Great Britain again nnd again has violated International law. surpassing all bounds in outraging neutral rfghta. The latest measure adopted to Great Britain, declaring German bunker coal contraband and establishing conditions under which English bunker coal alone is supplied to neutrals, is nothing but an unheard-of unheard-of attempt by way of exaction to force neutral tonnage into the service of British trade war. Alleges Favoritism Is Shown to Britain. The German people knows that the government of the United States had the power to confine the war to armed forces of the belligerent countries in the Interest of humanity and maintenance mainte-nance of international law. The government gov-ernment of the United States would have been certain of attaining this end had it been determined to insist against Great Britain on the incontrovertible right to freedom of the seas. But as matters stand the German people is undar the impression that the govern-, ment of the United States, while demanding de-manding that Germany, struggling for existence, shall restrain the use of an effective weapon, and while making compliance with these demands a condition con-dition for maintenance of relations with Germany, confines Itself to protests pro-tests against illegal methods adopted by Germany's enemies. Moreover, the German people knows to what considerable consid-erable extent its enemies are supplied with all kinds of war material from the United States. It will, therefore, be understood that the appeal made by the government of the United States to sentiments of humanity hu-manity and principles of international law cannot under the circumstances meet the hearty response from the German people which such an appeal otherwise always Is certain to find here. If the German government, neverthe- , less, is resolved to go to the utmost limit of concessions, it has been guided : j not alone by the friendship connecting ! the two great nations for over one j 1 hundred years, but also by the thought j of the great doom which threatens the entire civilized world should the cruel and sanguinary war be extended and prolonged. The German government, conscious of Germany's strength, twice within the last few months announced before the world its readiness to make peace on a basis safeguarding Germany's vital vi-tal interests, thus Indicating that it is not Germany's fault if peace is still withheld from the nations of Europe. The German government feels all the more justified In declaring that responsibility respon-sibility could not be borne before the forum of mankind and in history if after twenty-one months of the war's duration the submarine question under discussion between the German government gov-ernment and the government of the United States were to take a turn seriously seri-ously threatening maintenance of peace between the two-nations. ' ' ' 1 Tells of New Orders Given to War Vessels. As far as lies with the German government, gov-ernment, it w."shes to prevent things from taking such a course. The German Ger-man government, moreover. Is prepared to do its utmost to confine operations of the war for the rest of its duration to the fighting forces of the belligerents, belliger-ents, thereby also insuring freedom of the seas, a principle upon which the German government believes now as before the war that It is in agreement with the government of the United States. The German government, guided by this idea, notifies the government of the United States that German naval forces have received the following order: or-der: "In accordance with the general principles prin-ciples of visit and search and the destruction de-struction of merchant vessels, recognized by International law, such vessels, both within and without the area declared a naval war zone, shall not be sunk without warning and without saving human lives unless the ship attempt to escape or offer resistance." But neutrals cannot expect that Germany, Ger-many, forced to fight for existence, shall for the sake of neutral interests restrict the use of an effective weapon if the enemy Is permitted to continue to apply at will methods of warfare violating rules of international law. Such a demand would be Incompatible with the character of neutra li ty, and the German government is convinced that the government of the United States does not think of making such a demand, knowing that the government of the United States repeatedly declared de-clared that it is detetrmined to restore the principle of freedom of the seas, from whatever quarter It has been violated. vio-lated. Wants Demand oi Britain To Obey International Laws. Accordingly the German government Is confident that In cor-.gequence of the new orders issued to t;ie naval forces the government of the United States will also now consider all Impediments removed which may have been In the way of mutual co-operation toward restoration of the freedom of the seas during the war. as suggested in the note of July 23. 1915, and it does not doubt that the government of the United Unit-ed States will now demand and Insist that the British government shall forthwith observe the rules of International Interna-tional law universally recognized before be-fore the war. as laid down In the notes presented by the government of the United States to the British government govern-ment December 28, 1914, and November Novem-ber 5. 1915. Should steps taken by the government govern-ment of the United States not attain the object it desires, to have the laws of humanity followed, by all belligerent belliger-ent nations, the German , government would then be facing a new situation. In which it must reserve to itself complete com-plete liberty of decision. The undersigned avails himself of this opportunity to renew to the American Amer-ican ambassador assurances of highest consideration. ' JAGOVV. |