El Paso herald. (El Paso, Tex.) 1901-1931, 1915-05-14

imperial German government in mat
ters of international right. and par
ticularly with regard to the freedom Of
the seas; having learned to recognize
the German views and the German in
fluence in the field of international
obligation as always engaged upon the
side of justice and humanity; and hav-
ing understood the Instructions of the
imperial German government to its
naval commanders to be upon the same
plane of humane action prescribed by
the naval codes of other nations, the
government OF the United States was
lOath TO belieVe-it cannot now bring
itself TO belieVe-that these acts, so
absolutely contrary to the rules. the
practices and the spirit Of modern war
fare, could have the cOuntenance or
sanction of that great government.
Wants Errors Corrected.
1T feels it to be its duty, therefore,
to address the imperial German gov
eminent concerning them with the ut
most frankness. and in the earnest
hope that it is not mistaken in expect
ing action on the part of the imperial
government which viii correct the IN
fortunate Impressions which have been
created. and vindicate once more the
position Of that government with re-
gard to the sacred freedom of the seas.
Inc government OF the Cnlleu
States has been apprised that the I'M
perlal German government considered
themselves to be Obliged by the extra
ordinary circumstances of the present
war, and the measures adopted by their
adversaries in seeking TO cut Germany
off from all commerce. to adopt meth
DDS Of retaliation which go much be-
yond the ordinary methods OIL warfare
at sea, in the proclamation of a war
zone from which Jhey have warned
neutral ships to keep away.
Previous Warning by L. :.
This government has already taken
occasion 10 inform the imperial govern
ment that il cannot admit the adoption
OF such measures Or such a warning
Of danger TO operate as in any degree
in aDb-eFauon OF the rights OF Amer
lean ship masters or OF American citi-
Zens bound on lawful errauds as pas
sengers on merchant ships OF -eiliger-
ent nationality, and that IL must hold
the imperial German government to a
strict accountability for any infringe
ment OF those rights, intentional or in
cidental. It does not understand the
imperial German government TO ques-
ton those rights
1t assumes, on the contrary, that the
imperial government accept. as Of
course, the rule that the lives o. non
cOmbaUants, whether they be of neutral
citizenship or citizens of any OF the
nations at war, cannot lawfully or
rlShuully be put in jeopardy by the
capture or destruction of an unarmed
merchantmen, and recognize also. as
all other nations do, the obligation 20
take the usual precautiOn of visit and
search TO ascertain whether suspect
ed merchantmen is in fact OF beIliger-
ent nationality or is in fact carrying
contraband of war under a neutral
flag
Objection to Submarines.
THE government Of the United
States. therefore. desires to call the at
tentiOn of the imperial German govern
menu with the utmost earnestness TO
the fact that the objection 10 their
present method Of attack against the
trade OF their enemies lies in the practi-
cal impOssibility OF employing submar-
ines in the destruction of commerce
without dIsregarding those rules OF
fairness, reason, justice and humanity.
which all modern opinion regards as
imperative.
1T is practically impossible for the
officers Of a submarine to visit a mer-
chairman at sea and examine Ler
papers and cargo It is practically i'm
possible for them 10 make a prize OF
her, and, if they cannot put a prize
crew on board 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 These facts, d.
is understood the imperial German
government frankly admits
No Warning Given.
we are Informed that, in the in
stances Of which we have spoken. time
enough for even that poor measure
VI SAFETY " d. 4U~ EAhE44s ana IN at least
two of the cases cited not so much as
a warning was received Manifestly
submarines cannot be used against
merchantmen, as the last few weeks
have shown. without an inevitable vio-
latton Of many sacred principles OF
Justice and humanity
American citizens act within their
indisputable rights in taking their
ships and in travelling wherever their
legitimate business calls them uDon the
nTUn and a-n~pfGa fh0ea =r,
what should be the well justified con-
Ioence that their lives will not be en-
dangered by acts done in clear viola
ton OF universally acknowledged in
ternatiOnal obligation. certainly in the
confidence that their own government
VIII sustain them n the exercise Of
their rights.
Advertisement Is No Excuse.
There was recently published in the
newspapers OF the United States I re-
gret to inform the imperial govern
ment. formal warning, purporting
10 come from the imperial German
embassy at Washington. addressed to
the people Of the United States and
stating in effect, that any citizen OF
the United States who exercised his
right OF free travel upon the seas would
90 so at his peril If his journey should
take him within the zone of waters
within which the imperial German navy
was using submarines against the com
merce Of Great Britain and France,
Notwithstanding the respectful but
very earnest protest of his government,
the government Of the United states
1 do not refer to this for the DUR
pose of calling the attention Of the
imperial German : )vernment at this
time to the surprising irreguIaritv of
a communication from the imperial
German embassy at Wasbfngto1 a6
dressed to the people of the United
states through the newspapers. Jut
only for the purpose of pofr ing out
that no warning that an unlawful and
lnhumane act would be committed can
POSSIBLY be accepted as an excuse for
that act or as an abatement Of me
responsibility for its commission
L. :. Expects ReparatIon.
Long acquainted as this government