The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1915-03-02

but that the Anglo-French notes regard
ing the embargo trade to or from Ger
many completely disposes of the Ameri-
can negotiations. They are now regard
ed as a dead issue SO far as the two bel
ligerents are concerned. but il is thought
reference to the principles involved in the
situation may he of use as establishing
the record of the United States in the
discussion of foreign problems.
II was learned yesterday that the Ger
man answer to the American note has
been transmitted TO Ambassador Gerard.
at Berlin. The state Department has
been advised of the probable contents
of the German reply.
Texts of the Two Notes.
Following is the text of tn" British and
French notes handed to Secretary Bryan.
which were identical language:
Germany has declared that the Eng
lish Channel. the north and west coasts
OF France and the waters round the Brit
ish Isles are a war area and has officially
notified that all enemy sips found il
that area will be destroyed and that ncu'
trail vessels may be exposed to danger
This Is in effect Il claim to torpedo al
SIGHT without regard 10 tHt SAFETY ~
the crew or passengers any cmrchan
vessels under any flag. As it is not ii
the power of the German admiralty L
| maintain any surface craft in these
, waters. this attack can only he deliv
cred by submarine agency.
The law and custom of nations i'll r"
gard to attacks on Cnmer"e have Away!
presumed that the first duty Of tn" cap
| tor of a merchant vessel is to bring i
before a priZ" court whore il may h'
tried where the regularity Of the cap
ture may h" challenged and where neu
trails may recover their Carco's.
'''rh" sinking of prizes is in itself I
questionable act To be rcsor;ed to only
in extraordinary circumstances and after
provision has been made for the safety
Of all the crew and passengers. If th|i.
are passengers hoard the response
bIity for discrimination between neutrd
and enemy vessels and between neutra
and enemy cargo obviously rests with
tn. attacking ship. whose duty IT Is tC
verify the status and character of tht
vessel and cargo and t. prcserv" al
papers before sinking or even capturing
it. So also is the humane duty of uro.
vidin= for the safety Of the crews al
merchant vessels. whether neutral "l
enemy an obligation upon every heilig-
erent.
1T is upon this basis that al. prev lou.
discussions of the law for regulating war
fare at sea have proc'. d"d. \ German
submarine. however. fulrills none of these
obligati tons: she ENJOYS no local com
mand Of the waters in which she Uper-
ates. she does not TAX" h"r captures
within the jurisdiction of II prize court;
she carries no prize crew which she can
put on board a prize. she uses no cffeC'
tive means Of discriminating between a
neutral and an enemy Vessel, she does
NOT receive on board for safety TIA" crew
and passengers "f the vessel she sinks;
her methods of Warfar" ar" therefore
entirely outside the scope Of any Of tho
international instruments regulating Op"r-
atiOns against commerce in TIME Of War.
The German declaration substitutes inCliS-
eliminate destruction for regulated cap
tUrc. Germany IS adopting these
methods AGAINST peaceful traders ana
nonCombattnt crews with 'he avowed
object Of preventing commodities Of all
kinds including food for the civil poru-
latiOn from reaching n leaving the Brit
ish Isles or Northern Frame.
Driven to Retaliation.
He opponents are therefore driven Il