The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-10-29
Disputes With Warning Nations
of Europe Explained.
FURNISHING ARMS TO ALLIES
1t Is Claimed Germans Did Not
Hold Practice Illegal.
All Suspicious Cases Have Been
Investigated by Officials.


Thursday night by the state depart
ment 1t gives the text of important
diplomatic correspondence with the
belligerent governments of Europe
since the publication of the first in
stallment last May.
Besides constituting a public record
of the position of the United States
as precedent for the future, the vol
ume reveals to the public a series OF
charges and counter charges by the
belIigerents that reflect the diff1cul-
ties constantly encountered in the
delicate task of observing neutrality.
Most of the correspondence never De-
fore has been made public in text, al
though press dispatches have covered
much of it in substance
One of the most interesting features
of the new edition is the publication
for the first time of a memorandum
of the German foreign office referred
to in a coI1oquy between Chairman
Flood, of the house foreign affairs
committee and Representative Barth-
oldt, of Missouri, at the hearing on
the bills proposing an embargo on
arms.
Arms Shipments Legal.
Mr. Flood quoted the memorandum
as Justification of his argument that
ghipments of munitions to the allies
as illegal 1t appears that the cor
respondence with the German govern
ment conducted by Ambassador Won
Bernstorff developed as consequence
of a ruling by the United States that
it was a violation of neutrality Tor
merchant ships to leave American
ports for the express purpose or sup
plying belligerent warshlpS at sea- Inc
ambassadors note said;
THE position taken by the govern
ment of the United States as to the
delivery of coal and other necessarles
TO warships of the belligerent con-
stitutes a violation of neutrality, is, In
the opinion of the imperial German
government intensible in international
law. The imperial government has
set forth its position on tnls point IN
a memorandum, which, in compliance
with instructions, 1 nave the honor 10
forward to Your Excellency-
The Memorandum.
Under the general principles Of in
ternational law no exception can be
taken to neutral states letting war ma
terial go to Germany's enemies from
or through their territory. This Is ac-
cordant with article Z of The hague
convention of October is, 1917, con-
corning the rights and duties of neu-
trails in naval AMI land warfare II,
however, a state ava1lS Itself OF that
liberty in favor of her enemies then II
must in accordance with rule gen
orally accepted N international law
and confirmed in article nine OF the
two conventions above cited, place no
obstacle to the German military force
ordering contraband from or through
its territory-in spite thereof various
American port authorities have denied
clearance from American ports 10 yes
sells of the merchant marine Whlcn
would carry needed supplies or Iuel
to German warshipS either on the high
seas or in other neutral ports. Ac-
cording to the principles of interna-
tional law above cited neutral state
need not prevent furnishing supplies
of this character; neither can 1t after
allowing the adversaries to be FIR
nished with contra band, either detaln
or in any way disable a merchant ship
carving such a cargo. Only when
contra band trade would turn the ports
into bases of German military opera
lions would the unilateral stoppage OF
the trade of those vessels become d
duty.
States contraband of war. especially
arms, worth several billions of marks.
This. in itself. they are authorized to
do. But if the United States would
prevent our warships occasionally
drawing supplies from its ports a great
Injustice grows out of the authorize
ton, for it would amount to an I'M
neutral treatment and constitute
breach of the generally accepted rules
of neutrality to Germany's detriment.
Secretary's Reply.
The secretary of state in his reply
held that:
ss1The essential idea of neutrality
becoming the base for naval opera
lions by n belligerent is in the opinion
of this government repeated depart
ure from such territory CT merchant
vessels laden with fuel or other sup
niles for belligerent warsbips at sea;
in order II ascertain the vessels Which
are thus operating, the government
has beer obliged to investigate certain
cases in order that it might determine
whether there have been or are about
to be repetition of such acts, but in all
respects equality of treatment has
been observed toward all merchant
vessels suspected of carrying supplies
to belligerent vessels.
Complaint From Britain.
The correspondence shows that the
state department received also COM
plant from the British ambassador
tfstinp that the systematic way in
which neutral ships have left Aneri-
can ports in order to supply German
cruisers and have been allowed to
oDerate freely in the ports OF the
limited states in spite of the warnings
which have been given in the matter
causes grave anxiety to his majesty
government"
Mr.. Lansing replied that insofar as
he was advised, every suspicious case
of a vessel leaving American ports tc
supply German cruisers which has
heen brought to the attention OF the
TTnifed states with any. basis of fac
to support some such statement. has
been fairly NEUTRALITY-SUSPICIOUS. govern
ment of the United States, therefore
fae1s obliged to decline to accept any
Suggestions intimating that its Wig
nance in the maintenance of its neu
trail duties under international Law
has been relaxed
a series of communications passed
he4ween the British embassy and the
800 department on defensive arma