The Hawaiian gazette., 1915-05-25

lives of non.combatlnts, whether they
he Of neutral citizenship or citizens OF
ANY Of the nations at war. cannot law.
fully or rightfully be pu$ IN jeopardy
by the capture or destruction of al
un6r.ned merchantmen and recognizes
also, as all other nations do, the ol-
ligstion TO take the usual prscaution
OF visit and search to ascertain whetn.
er a suspected merchantmen j. of faes
Of belligerent nationality or is in fact
carrying contraband of war Under a
neutral flag,
Object TO Submarines %" 2.
"1he Government Of the Unitsc
States, therefore; desires to call the at.
tentiOn Of the imperial German gov.
ernment, with the utmost earnestnes,
TO the fact that the. ObiPrron TO their
present method Of attack against the
trade Of their, enemies lies in the prac-
teal impossibility of employing sub.
marines in the destruction Of com,
merce without Ilisregariing these rules
Of, fairness. reason, justire and hu.
manity, which all modern opinion re.
CARDS as, imperative. 1t is practically
impossible for the officers of a snb.
marine TO visit a merchantman at sea
and examine her papers and cargo. II
Is practically, Impossible for them TO
make a prize Of her. and. if they can,
not put prizeeerew 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, IL is understood, the i'm
perial German government, frankly ad.
nit, We are informed that in the in
stances ofywhich we have spoken time
enough for even that poor measure or
safety was not given. and in at least
two Of the cases cited not 80 much as
warning was received. Manifoetiy
submarines cannot he used against mer.
chantment, as the last few weeks have
shown, without an inevitable violation
of many sacred principles Of Justice
and humanity. - D..
Indisputable, Rights
American citizens act within their
indisputable rights in taking their
ships and in 'traveling wherever thei.'
legitimate business calls them upon
the high seas, and exercise those
rights in what should be the well jus,
titled confidence that their lives will
not Re endangered by acts done in
clear violation of universally acknowl-
edged international obligation, and GER
tainty in the confidence that their own
government will sustain them in the
exercise Of their rights.
There was recently published in
the newspapers of the United States,
] regret to inform, the imperial gov
etnment, formal warning; pnrTort-
ing to come from the imperial Ger
man embassy at Washington, address
ed to the people of the United States,
and stating in effect thin any citizen
Of the United States who exercised
his right of free travel upon the seas
would do so at his peril if his journey
should take him within the zone of
waters, within which the imperial Ger
man navy was using submarines
Against the commerce of Great Britain
and France, notwithstanding the re-
spectfnl but very earnest protest of
his government, the Government Of the
United States. | do not rerer 20 this
for the purpose of calling the attcl-
ton of the imperial German govern
ment at this time TO the surprising lr-
regularity of communication from
the imperial German embassy ut WasT-
inVton addressed to the people of the
United States through the pewspa pers,
but only for the purpose of pointing
ont that no warning that an unlawful
and inhumane act would be committee
can possibly be accepted as an excuse
or palliatiou for that act, o. as an
abatement Of the responsibility for
its commission.
Misrepresentation Of Orders
"LOng acquainted as this govern
ment has been with the. character or
the imperial German government and
with the high principles of equity by
which they have in the past been
actuated and guided the government
of the United States cannot believe
that the commanders of the vessels
which committed these acts Of law
lessness did so except finder a misaps
prehension of the orders issued BY the
German naval authorities. II takes il
practical possibilities of every such
case. the commander even p of sub
marines were expected to do nothing
that would involve the lives OF non
combatants or the safety of neutral
ships, even at the cost of failing of
their object of capture or destruction.
IL confidently expects therefore, thal
the imperial German government will
disa VOW the acts of which the Govern.
ment of the United States complains,
that they will make reparation so far
as reParation is possible for injuries
which are without measure, and that
they will take immediate steps to pre-.
vout the recurrence Of anything 50
obviously suhversive of the principlps
of warfare for which the imperia.
German government has in the past
20 wisely and so firmly contended.
Prompt Action Expected
1.-THE government and people of the
United States look. 10 the imperial
German government for just amt
prompt and enlightemcG action in this
vital matter with the greater cons
dence because the United States and
Germany are bound together, not only
by special ties of friendship but also
bv the explicit stipulatioDs OF the
treaty of 1928 between the United
States and the Kingdom of Prussia
"Expressions of regret and offers OF
rcparation in case of the destruction
Of neutral ships sunk by mistake,