The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-05
The NOTE IN DETAIL

The NOTE IN DETAIL
Berlin, May 5-(By Wireless to
Sayville, N. Y.)-FoIlowing is the text
of the note of the German government
! in reply to the American note respect
! ing submarine warfare, delivered by
the American ambassador to Foreign
! Secretary Won Jagow:
THE undersigned on behalf of the
imperial government has the honor to
present his excellency, the Ambassa-
| dor of the United States, Mr.. James
| w. Gerard, the following reply to the
note of April 20 regarding the conduct
of German submarine warfare:
THE German government handed
| over to the proper naval authorities
for early investigation the evidence
concerning the Sussex as communi-
Gated by the government of the United
States. Judging by the results that
the investigation has hitherto yielded,
the German government is alive to the
possibility that the ship mentioned in
the note of April 20, as having been
torpedoed by a German submarine, is
actually Identical with the Sussex.
THE German government begs to
reserve further communication on the
matter until certain points are ascer-
tanned which are of decisive impor-
lance for esta blishing the facts of the
case. Should it turn out that the
the vessel to be a man-of-war, the
German government will not fail to
draw the consequence resulting there
from.
Repudiates U. S. Assertion.
In connection with the case of the
Sussex, the government of the United
States made Il series of statements,
the gist of which is the assertion that
the incident is to be considered but
one instance of a deliberate method of
1nd1scrimtnate destruction of vessels of
all ports, nationalities and destinations
by German submarine commanders
'The German government must en-
phaticaily repudiate the assertion.
The German 0vernment, however
thinks it of little avail to enter into
details in the present stage of affairs
more particularly as the government
or the United States omitted to SUBJ
stantiate the assertion by reference by
concrete facts.
The German government will only
state that it has imposed far-reaehing
restraints upon the use of the subma-
r1ne weapon, solely in consideration of
neutral interests. In spite of the fact
that these restrictions are necessarily
OF advantages to Germany's enemies,
no such consideration has ever been
shown neutrals by Great Britain and
her allies.
Restricts U-Boat Warfare
1.-The German submarine forces have
had, in fact, orders to conduct the
submarine warfare in accordance with
the general principles of visit and
search and the destruction of mer-
chant vessels recognized by interna-
ional law, the sole exception being
the conduct of warfare against enemy
trade carried on enemy freight ships
encountered in the war zone surround
ing Great Britain
With regard to these no assurances
have ever been given to the govern
ment of the United States. No such
assurances are contained in the dec
laration of February s, 1916.
THE German government cannot
admit any doubt that these orders
were given or are executed in good
faith Errors actually occurred. They
can in no kind of warfare be avoided
altogether. Allowances must be made
in the conduct of naval warfare
against an enemy resorting to all kinds
Of ruses, whether permissible or il
licit.
But apart from the possibility of
errors, naval warfare, just like war
fare on land, implies unavoidable
dangers for neutral persons and goods
entering the fighting zone. Even in
cases where the naval action is con-
fined to ordinary forms of cruiser
warfare, neutral persons and goods re-
peatedly come to grief.
U. S. Rejected Proposals.
1.-The German government has re-
peatedly and explicitly pointed out the
dangers from mines that have led to
the loss of numerous ships.
"The German government has made
several proposals to the government
of the United States in order to re-
travellers and goods the dangers of
naval warfare. Unfortunately the
government of the United States de-
cided not to accept the proposals. Had
United States would have been instru-
mental in preventing the greater part
of the accidents that American cid-
zens have met with in the meantime.
"1he German government still
stands by its offer to come to an
agreement on these lines.
s.As the German government re-
peatedly declared, it cannot dispense
with the use of the submarine weapon
in the conduct of warfare against ene-
my trade. The German government,
however, has now decided to make
further concession, adapting methods
of submarine war to the interests of
neutrals.
Has Regard for Humanity.
I'm reaching this decision the Ger
man government is actuated by con-
siderations which are above the level
of the disputed question.
The German government attaches
no less importance to the sacred prin-
ciples of humanity than the govern
ment of the United States 1t again
takes fully into consideration that
both governments for years cooper
ated in developing international law
with conformity to these principles,
the ultimate object of which has al
ways been to confine warfare on sea
and land to armed forces of belliger-
ents and to safeguard as far as pos
sible non-combatants against the hor-
rors of war. But although these con-
siderations are of great weight, they
alone would not under present circum-
stances have determined the attitude
of the German government. For iii
answer TO the appeal by the govern
ment of the United States on behalf
of the sacred principles of humanity