New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-12
Getting Back to the Note OF
February 10.


Those who maintain that the latest note
10 Germany does not alter in any respect
the attitude assumed by the United States
in the note Of May 10 have not given sVffi-
Gent attention to certain readjustments
in style and form which the later no'e
shows. These readjustments are, in our
opinion, significant, and may perhaps be
taken 10 indicate that the policy Of the
administration as outlined in the first
Lusitania letter will be gradually con-
formed in its entirety to the policy out
lined considerably more simply and clearly
in the note Of February 10.
The note Of February 10 is the best and
most impregnable statement yet made Of
the American view. 1t warned Germany
that. so far as the United States and its
citizens and vessels were concerned, Ger
man operations in the war zone" about
Great Britain and Ireland would have to
be conducted in accordance with the
recognized rules of warfare at sea. It
did not suggest in any way that the
United States might insist on Germany's
observing the recognized rules of warfare
at sea in attacking merchant vessels be-
longing 10 other neutral nations or 10
enemy nations on which no American citi-
zens were passengers.
Here are the two essential passages Of
the communication of February 10:
/. II the commanders OF German vessels Of
way should act upon the presumption that
the flag Of the United States was not being
used in good faith and should destroy on the
high seas an American vessel or the lives Of
American citizens. it would be difficult for
the Government Of the United States 10 view
the act in any other light than as an indie
feasible violation OF neutral rights which It
would be very hard indeed to reconcile with
the friendly relations now so happily subsist-
ing between the two governments.
Q II such a deplorsble situation should
arise, the Imperial German Government can
readily appreciate that the Government of
the United States would be constrained TO
hold the Imperial German Government to al
strict accountability for such acts Of their
naval authorities and TO take such steps as
il might be necessary 10 take 10 safeguard
American lives and property and to secure
TO American citizens the full enjoyment of
their acknowledged rights on the high seas.
This is a strictly legal, matter-of-fact
statement Of the American attitude. 1t
includes no notice of a purpose on the
part of the United States to demand of
Germany a general observance of the die
tates of humanity in sea warfare, or to
insist that German submarine methods be
modified except in so far as they injuri-
ously affect the rights of American citi-
zens.
The note of May 10 bore in mind the
wise restrictions of the note of February
10 when it said in the concluding para
graph: THE Imperial German Govern
ment will not expect the Government of
the United States to omit any word or
any act necessary to the performance Of
its sacred duty % maintaining the rights
of the United States and its citizens and
of safeguarding their free exercise and
enjoyment"
But in the body Of the note were two
passages which seemed to convey a gen
eral protest against the continuance Of
submarine warfare on unarmed merchant
men of other nations, whether Americans
or American interests were directly III
volved or not. These passages were:
The Government Of the United States,
therefore, desires 20 call the attention OF the
Imperial German Government with the Ut
mos. earnestness TO the fact that the obJee-
ton 20 their present method of attack against
trade Of their enemies lies in the practical
impossibility Of employing submarines IN the
destruction Of commerce without disregard
ING those rules Of fairness, reason, justice
and humanity which all modern opinion re-
cards as imperative. IL is practically impos-
sible for the officers OF submarine TO visit
a merchantmen at sea and examine her papers
and cargo. II is practically impossible for
them 20 make prize Of her; they cannot
sink her without leaving her crew and all on
board OF her to the mercy Of the sea in her
small boats. Manifestly the submarine
cannot be used against merchantmen, as the
last few weeks have shown, without an in
evitable violation Of many sacred principles
Of justice and humanity.
2 II the Government of the United States
takes il for granted that, at least within the
practical possibilities of every such case, the
commanders even Of submarines were ex-
pected 20 DO nothing that would involve the
lives of nOn-eombstants or the safety Of neu-
trail ships, even at the cost Of failing Of their
object Of capture or destruction.