The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-11
The Al. Pervading Fallaey In the
German Note.


The veneering OF the German reply
IL Of No friendly a description las
mere words weigh in diplomatic in
t~ercourse) and its approval Of the
general principles Of humanity II
civilization so apparently eager mat
the reader almost loses sight Of the
utterly u~nresponsive and unsatisfac-
tory, and in one marked respect the
preposterous character of the notes
real inwardness.
1t is unresponsive in its glaring
omission to meet squarely the .Ameri-
can case stated twice already in the
notes framed by the President ant
signed respectively by Mr.. BRYAN and
Mr.. LANSING.
1t is unsatisfactory because 1t with
holds the specific assurances which we.
with right founded on international
law and treaty engagements with
Germany. have asked the Imperial
Government to give us: and because
ii offers. Instead of the assurances to
which We are entitled. something ell
tircly different and clearly impossible
for our Government TO consider.
1t is essentially p~repos,erous. be-
cause every argument and every pro-
posll communicated by Dr. yON JAGOw
rcs;s ulon II or the other Of these
uniennblc assumptions:
Tha; international law. framed and
agreed upon in advance OF war to
govern the practices Of warfare, Is
alterable or %repealable ut the con-
v%enience Of acknowledgement. as far as
his own acts are concerned:
That the development Of II new
method of making war during the
progress of a war cancels previous en-
gagements regarding what is legiti-
mate in war;: in other words, that
the invention or production of a new
weapon requires not that the use of
that weapon shall he accommodated
to existing codes or existing treaty
contracts, but that codes and treaties
shall be modified To permit the most
effective use of the new weapon.
This is the main falIacy Of the
German position. 1t permeates the en-
tire text Of the Won Jagow note and
underlies every argument. every state,
ment of fact, every proposal of S
called concession which Is contained
in that document. If the Issue were
less grave. less important to the lives
and property rights of neutrals the
world over, the logical process by
which Germany seeks to justify her
illegal use Of subnm rines would seem
positively grotesque in Its topsy-tur-
viness. If offered in good faith. az
we must assume it is offered, thi,
proposition that SUPPOSED military ex.
pedience annuls international legisr
lation and Oyerrides treaty contracts
expressly designed to restrict the in
human enterprises Of military eXpe'
dipnce affords u new key TO the work
ing of the Tcutonic mind. But it por
tends the hopelessnesS of any ante
hclinm arrangemrnts. codified or con
trnctual, in those interests Of civil
zaiion and humanity for which III,
German Foreign Secretary says MI
Government is still solicitous.
If the murder Of innocent and neu
trail civilians, men, M and in
fantS, can he justified in the German
IllIlll ~ wv lH't many W NV =
80 also and with equal ease could Dr
WON JAGow justify the incidental eX
tinction of a whole neighbOrlng ma
ton of friendly non-combatants b.
the mi sdircction of some deadly chem
lead agent hitherto unused in warfar,
and clumsily employed In defiance o
international law.
So also could DR.. voN JAGow justif,
the accidental electrocution of the on
tire population Of every neutral ma
lien on the face Of the globe, suppOs
ing that science taught the Won Til
nitzes engaged in the defence Of Ger
many's existence how to c"oncentrat