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Show ASSURANCES II LUSITJUVM HE Germany Instructs Von Bernstorff They Apply Only to Merchantmen of Peaceful Character. ORDER TO SINK HAS NOT BEEN RECALLED Attitude of Wilson Will Not Be Made Known Until the Promised Appendices Have Been Studied. AMSTERDAM, Feb. 27, via London, Lon-don, Feb. 28, 2:03 a. m. According Accord-ing to the North German Gazette, all reports that the German authorities authori-ties would deviate from their plana with regard to the sinking of armed enemy merchantmen, are unfounded. un-founded. "An energetic conduct of our submarine sub-marine war, according to the principles prin-ciples laid down in the memorandum, memoran-dum, will begin at the stated time, ' 1 says the newspaper, which is the semi-official German organ. WASHINGTON, Feb. 27. Germany ha Instructed Count von BernslorfT to Inform In-form the United States government that the assurances regarding the future conduct con-duct of submarine warfare, given In the Lusitania and Arabic cases, still are binding, bind-ing, but that they apply only to merchantmen merchant-men of a peaceful character. The German Ger-man government is understood to contend that armed merchantmen, without regard to the nature of their armHment, have shown themselves not to be peaceful, and are therefore subject to destruction T.'Ith-out T.'Ith-out warning. The instructions direct the German embassador em-bassador particularly to : ell Secretary Lansing that British merchantmen armed ostensibly only for defensive purposes have not assumed the character of peaceful peace-ful traders, but that on the contrary they carry guns for the especial purpose of attacking German submarines. To support sup-port this claim the Berlin foreign office has sent the embassador, for presentation to the state department, a list of at laast twenty incidents where it Is claimed British Brit-ish merchant ships have attacked submarines. sub-marines. Orders to Sink Given. Confidential advices received from Berlin Ber-lin state that German and Austrian submarine sub-marine commanders already have been giveD their new orders, and that from midnight Tuesday they will be authorized author-ized to sink without warning all armed merchant ships of the enemies of Germany. Ger-many. It was said also that man;; of the submarine commanders probably had left their bases on voyages, and that even should the United States re-jnest the postponing of the opening of the campaign, cam-paign, It would be impossible; to get word to many of the submarines. It was stated, however, that bo far neither the United States nor any 6ther nation had asked for a postponement. Willie Count von Bernstorff and other officials of the German embassy declined to discuss the Instructions from Berlin in any way, it is believed the embassador will present them orally to Secretary Lansing tomorrow. Reply to Request. They will not, it was said, take the form of a note, unless Secretary Lansing desires It. Count von Bernstorff received his instructions in reply to a request from the United States for assurances regarding regard-ing the conduct of submarine warfare In the future, occasioned by the memorandum memoran-dum announcing the Intention of Germany Ger-many to sink armed ships without warning, warn-ing, which the administration considered to be inconsistent with the assurances previously given. Regardless of the form In which the matter is presented to Secretary Lan-sin?. Lan-sin?. the German embassador will lay much stress upon the assurances regarding regard-ing the arming of merchant ships which were given to the United States by Great Britain in a memorandum signed by Sir (Continued on Page Three.) ASSURANCES GIVEN ARE STILL BINDING (Continued from Page One.) Oaoll Spring-Rice, the Hrltlnh embassador, embassa-dor, on AugUHt 25. 1014. In this the British Brit-ish etnbaasador wrote the fuiiuwtng: "l have been instructed at the same time by his majesty, as prhu-lpal secretary secre-tary of Htute for foreign affairs, to give I he United Stales government the fulleMt assurances that British rnerehant vea-all vea-all will never he used for purposes of Attack, that they are lm-rnly peaceful traders armed only for defense, and tliHt thev will never fire unless first fired upon, and that they will never under any I etrcumstances attack any vessel." Violation Claimed. Germany elulms that Great Britain has deliberately violated these assurances ami Secretary Lansing will he so informed. Kmbassador von RernMorff'n attention nlsn has been directed to the American memorandum of September 10. 1HH, to porl authorities, whloh define for their benefit defensive armament. In this document, doc-ument, which was signed by Seeretary I. arming. It Is stated that "th presence of an armament and ammunition on hoard a merchant vessel creates the presumption that the armament Is for offensive purposes, pur-poses, but the owners or agents may overcome over-come this presumption by evidence showing show-ing that the vessel carries armament solely sole-ly for defensive purposes." The Berlin government said to realize that shoulB It sink an armed ship, upon It will rest the burden of proof regarding guns, but to contend that upon the government gov-ernment owning the ship would fall the burden of proof regarding the non-offensive character of the armament. Prepared for Discussion. Kmbassador von Hernstorff is understood under-stood to have been Riven no Instruct Inna to request from the United States a definition defi-nition of what it considers under existing conditions may be considered defensive armament. He If understood, however, to have prepared to discuss the question with Secretary Lansing should It be brought up during the coming conference. In this connection confidential advices from Berlin Indicate that the German government might he willing to treat as y. t. etui merchantmen ships with armament arma-ment so light and so placed that it could not possibly be used offensively. Kor Instance. In-stance. It was intimated that Germany might, should the United States Insist upon it, agree to grunt Immunity to vessels ves-sels armed with a single one-pounder, placed on the stern and so arranged that such a gun could swing not more than 35 or 40 degrees. French Ships Not Armed. The embassador Is also understood to have been Instructed to call to the attention atten-tion of Secretary I rinsing the fact that French ships are not armed, that British ships entering American ports are not armed and that consequently the Berlin government considers the chances of difficulties dif-ficulties with the United States as a result re-sult of the new policy are remote. The attitude of the United States probably prob-ably will not be made known at once. Much depends upon the contents of the ters Of Brltlah merchnntme!) 'regarding warfare on submarines. State department officials have been awaiting the arrival of these appendices with much Interest and It has been admitted that they may have an important bearing on the attitude atti-tude of this government toward the entire question I Assurance in Lusitania Case. The principal assurance given in the Lusitania case read as follows: "Liners will not be sunk without warn- The contention of the Berlin government govern-ment !s represented as being that all de- I prepared and instructed not onlv to resist re-sist hut to attack. Consequently, It Is argued, the new policy toward armed ships squares with International law. the (German view being that if the British mereha nt ship s ha ve been instructed to violate and do violate the law as interpreted inter-preted by the United States. Germany Is Justified in taking measures In retaliation. retali-ation. Austria Follows Suit. It is understood that the Austrn-Hun-garian embassy here lias received advice- somewhat similar to those sent from Berlin to Count von Bernstorff. It could not be learned tonight whether Baron Erich Zwiedlnek. charge of the embassy, would call upon Secretary Ians-ing Ians-ing and inform him of the position of his government, which differs sllghtlv from ' that of Germany because of the fact i that virtually all Italian ships are armed. 1 1 although those leaving American ports j do so under pledge that they will not use , their guns when warned by a submarine, j Germany, not being at war with Italy, j has no particular interest in Italian ships. The state department holds to the position posi-tion that an unarmed ship and a ship armed for defensive purposes are in Identically Iden-tically the same class and must be treated accordingly. Officals of the department have Indicated a willingness to discuss with the central European powers the question of what may properly be con-I con-I sldered defensive armament and there 'have been intimations that the govern-I govern-I ment was considering reviving its Instructions In-structions to port authorities in this re-'gard. re-'gard. . |