The Washington times., 1915-08-02
COMPLETE TEXT OF NOTE.


The far-reaching effects resulting
from the fact that very extensive
trade in war supplies has been go
ing on for some time between the
United States and Great Britain and
her allies. while Austria Hungary
and Germany have been entirely shut
off from the American market. have
from the first attracted the most
earnest attention of the imperial and
royal government.
II the undersigned permits himself
to take part in the discussion Of
question which hitherto has been
brought TO the attention of the Wash
ington Cabinet by the imperial Ger
man government only. he merely fol-
lows the dictates of unavoidable
duty In protecting the interests in
trusted to him from further grave
injury growing out Of the situation
affecting Germany and Austria Hun
gary equally.
The imperial and royal government
is convinced that the attitude of the
United States Government in this
matter originates from no other in
tention than the maintenance Of the
strictest neutrality and the onserv-
anCe to the letter of all the stipula-
tions Of the international agreements
involved. but the question arises as
TO whether the conditions as they
have developed In the course of the
war, certainly quite independently OF
IN, Will of the United states Govern
Incnt, axe not such that the very in
tention of the Washington Cabinet
is dcf,a ted ; indeed. that Exactly the
opposite effect IS produced.
The Spirit and Letter.
If this quest on be answered IN the
aff.rmatiVe-und. according to the
opinion of the imperial and royal
government, this cannot be ooubted--
then another 4Uc4;.pn autOm. LEGALLY
foliows-n namely. wM"tAcr il IS not
possible, indeed a!v!sahle, to take
measures TO prov dc fun effective
ness 10 the wish OF the Government
OF tho United States to assume an
attitude Of strict fairness toward
both belligerent parties The. impe-
rial and royal government does not
hesitate TO answer thiS question also
in the affirmative, without quail flea
ton.
1t certainly has not escaped the at
tcntion Of the American. Government
which has Co-operatcd in the work
of The Hague in such a prominent
manner, that the spirit and the letter
Of the fraEmcntary stipulations OF
the treaties In question are not en-
tircly CocXtens,ve.
If one takes into consideration
the genesis of article of the V
and XIII convention. respectively.
upon which the overnmcnt of the
United States apparently rests the
which. as will NOT be denied. offers
formal basis for the tOlerat on of
the trade In war materials. as car
red on at present by the United
States. it is not necessary to point
out-m order to realize the true
which incidentally seems to have
been modified already by prohibit
ing the delivery of warships and
certain supplies for warships Of
belligcrent countries-that the va
rious rights. as conceded to neu-
tral countries m the spirit of the
preamble OF the last named con-
vention are limited by the re-
quirements of neutrality in corre-
spondence with the accepted prin-
ciples OF International law.
Basis of Judgment.
According to all the authorities
on international law who have es-
pecially dealt with the questions
which here arise, the neutral gov
ernment is not permitted to allow
unhindered trade in contra band of
war If this trade assumes such char
acter and proportions that the coun-
try's neutrality is thereby impaired.
In Judging the admissihilty of the
trade in contrahand Of war, one can
use as a basis any one of the various
criteria established by law, and ar
rive. according to each. at the con-
cluston that the export of war ma
tcrials from the United States. as it
is carried on in the present war. cam
not bd made to accord with the re-
Qutrements of neutrality.
1T is not a question as to whether
the branch of American industry oc-
cupied with the production of war
material shall be protected in order
that it's export, as 1t has been car
ried on in peace times, may suffer no
impairment. Furthermore. this in
dustry has experienced an unexpect-
ed increase because of the war.
In order to manufacture the inn
mense amount of weapons. nuni-
tiOns and other war material of all
kinds which Great Eritain and her
allies have ordered in tho United
states of America in the course OF
the last month II required not only
the fun utilization and adaptation
of existing plants. but the Crea-
tiOn of new factories, as well as
the diversion of large numbers of
workmcn from all branches of
tradc-in short. widespread
change in tho economic ifle Of the
COuntrN-thc right Of the Ameri-
can Government can from no quar-
ter be disputed to decree an emf
hareo on this obviously enormous
export of war material. which is
notO"iously for the exclusive hene-
ft of one of the bclligerent par
ties.
Suggests New Law.
The United States Government
could meet with no reproof if it
We're to avail itsef of its cOmpe-
tency, even if it took recourse to
the passage of a law in accord
ance with its constitution. Even
II IL proved correct in principle
that neutral state may not
change tho laws in force within it's
iurisdictiCn concerning its attitude
toward belligerents during the war.