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Show BERNSTDRFF EXPLAINS IN DETAIL I ATTITUDE ON ARMED SHIP ISSUE I German Ambassador Relates Causes Leading Up to Decision to Torpedo All Armed Merchantmen Great Britain B Takes Advantage of U. S. Contention Germany H Concedes That, as Submarines Are New En- M gines of War, International Law Makes M No Provision for Their Use.- Washington, March S The German government, in a memorandum handed hand-ed today by Count von Bernstorff to Secretary Lansing, outlines in detail its position in regard to armed ships, reviews events up to its decision to torpedo without warning all armed merchantmen of its enemies, concedes that International law as at present constituted, makes no provision for the use of submarines and expresses a willingness to operate Its submarines submar-ines in accordance with international law prevailing prior to the war on the condition that Great Britain does not violate tho same laws. Von Bernstorff's Statement. The text of the memorandum presented pre-sented by Count von Bernstorff follows: fol-lows: "The imperial German government on account of the friendly relations, which have always existed between the two great nations and earnestly desiring to continue them, wishes to explain the U-boat question once more to the American government. "At the outbreak of the war the German government, acting upon the suggestion of the United States immediately im-mediately expressed its readiness to ratify the Declaration of London. At that time a German prize code had already been issued, which was entirely en-tirely and without modification, based upon the rules of the Declaration of London. Germany thereby proved her willingness to recognize fully tho existing ex-isting rules of international law which ensure the freedom of the seas for the legitimate trade of neutral nations na-tions not only among themselves but also with belligerent countries. Great Britain Declines. "Great Britain, on the other hand, declined to ratify the Declaration of London, and, after the outbreak of the war, began to restrict the legitimate legiti-mate trade of the neutrals in order to hit Germany. The contraband provisions pro-visions were systematically extended on August fifth and twentieth, September Sep-tember 21 and October 29, 1914. On November 3, 1914, tho order of the British admiralty followed declaring the whole North sea a war zone In which commercial shipping would be exposed to the most serious danger from mines and men of war. Protests from neutrals were of no avail and from that time on the freedom of neutral neu-tral commerce with Germany was practically destroyed. Under these circumstances, Germany was compel-1 led to resort, in February, 1915, to leprisals In order to fight her oppo- nents' measures which were absolutely absolute-ly contrary to international law. She chese for this purpose a new weapon, the use of which had not yet been regulated by International law, and In doing so did not violate any existing rules, but only took into account the peculiarity of this new weapon, the submarine boat. Neutral Movements Restricted. "The use of the submarine natural-lv natural-lv necessitated a restriction of the free movement of neutrals and constituted con-stituted a danger for them which Germany Intended to ward off by a special warning analogous to the warning England had given regarding the North sea. "As both belligerents Germany in her note of February 17 and Great Britain in those of February IS and 20, 1915 claimed that their proceeding proceed-ing was only enacted in retaliation for the violation of International law by their opponent, the American government govern-ment approached both parties for the purpose of trying to re-establish International In-ternational law as It had been In force before the war. Germany was asked to adapt the use of her new weapon to the rules which had been existing for the former naval weapons, wea-pons, and England not to interfere with the food supplies intended for the non-combatant German population and to admit their distribution under American supervision. Germany on March 1, 1915, declared her willingness willing-ness to comply with the proposal of I he American government, whilst England, on the other hand, declined to do so. By the order In council, March 11, 1915, Great Britain abolished abolish-ed even what had remained of the freedom of neutral trade with Germany Ger-many and her neutral neighbors. England's object was to starve Germany Ger-many into submission by these illegal means. . . t Rights of Traders Not Limited. "Germany, after neutral citizens had lost their lives against the wish and Intention, nevertheless In the further course of the war, complied with the wishes of the American government gov-ernment regarding the use of her submarines. sub-marines. The rights of neutrals regarding re-garding legal trading wero in fact no-whore no-whore limited by Germany. England Arms Merchantmen. "Then England made it impossible for submarines to conform with the old rules of International law by arming arm-ing nearly all her merchantmen and by ordering the use of guns on merchant mer-chant vessels for attack. Photographic Photograph-ic reproductions ot these instructions have boon transmitted to neutral governments gov-ernments with the memorandum of the German government of February 8, 1916. These orders aro obviously in contradiction with the note delivered deliv-ered by tho British ambassador in Washington to the American government govern-ment on October 25, 1914. On account ac-count of the proposal mado by the United States on January 23, 1916, re-' gardlng disarmament, the Imperial I government hoped that these facts w.ould enable the neutral .governments i to obtain the disarmament of the mer IH chant ships of her opponents. The l latter, however, continued with great energy to arm their merchantmen VM with guns. H Armed For Attack. H "The principle of the United States JM government not to keep their citi- H zens off belligerent merchant ships, H has been used by Great Britain and H her allies to arm merchant ships for H offensive purposes. Under these clr- H cumstances merchantmen can easily IH destroy submarines, and if their at- IH tack fails still consider themselves in IH safety by the presence of American H citizens off belligerent merchant WM ships, has been used by Great Britain and. her allies to arm merchant ships WM for offensive purposes. Under these H circumstances merchantmen can eas- H ily destroy submarines, and if their H attack fails still consider themselves jH in safety by the presence of Amer- H lean citizens on board. H "The order to use arms on British H merchantmen was supplemented by H Instructions to masters of such ships JH to hoist such flags and to ram jH U-boats. Reports on payment of pre- H nilums and bestowals of decorations l to successful masters of merchant- l men showing the effect of these or- i ders. England's allies have also adopt- H ed this position. I Germany Facing Problems. H "Now Germany is facing the follow- WM ing facts: l "(a) A blockade contrary to in- 11 ternatlonal law (compare American I note to "England of November 5, 1915) fl has for one year been keeping neutral Ki trade from German ports and is mak- H ing German exports impossible. I-H '(b) For eighteen months through IH the extending of contraband provi- I'H slons in violation of international law IftH (compare American note to England of November 5, 1915) the overseas ! trade of neighboring neutral coun- tries, so far as Germany Is concern- H erf, lias been hammered. 7 I "(c)The Interruption of ntfalls in H violation of International law (com- M pare American memorandum to Eng- M land of January 10, 1916) is meant to H stop any Intercourse of Germany with JH foreign countries. ?H "(d) England, by systematically jfH and increasingly oppressing neutral jfl countries, following the principle of IfH 'might before right,' has prevented WM i neutral trade on land with Germany H i so as to complete the blockade of the jH I central powers intended to staYve H their civil population. M "(e)Germans met by our enemies B on the high seas are deprived of their H liberty, no matter whether they are jH combatants or non-combatants. jl 'r) Our enemies have armed their IM merchant vessels for offensive pur- WM poses theoretically making it impos- H sible to use our U-boats according to H the principles set forth in the Lon- H don Declaration (compare with Amer- H ican memorandum of February S, H 1916). H "Tho English white book of Jauu- H ary 5, 1916, on the restriction of Ger- H man trade boasts that by British H measures Germany's export trade has H been stopped almost entirely while tm her imports are subject to England's H , , i Jl "The imperial government feels TH confident that the people of the Unit- M ed States, remembering the friendly iH relations that for the last hundred H vears have existed between the two JM nations will, In spite of the dlfficul- fM ties put in the way by our enemies, ijm appreciate the German viewpoint as !H laid down above." H Joint Anglo-French Reply. :H London, March 8, 3:11 p. m. Tho m joint Anglo-French reply to the H American note on the detention of H mails has been mailed to Washington H where it will be presented to the state H department by the English and H French governments. M The replv on the American note in Vm regard to the blockade Is practically H ready. It will be handed to Ambus- jH sador Page within a few days to be m transmitted by mail as it consists ot m between 7000 and 8000 words. H |
