The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-10-11
lntimation That PelligerentWsr-
ships Might Sink u. S. Sub
marine By Mistake Discussed
WOULD HOLD NEGLIGENT
POWER RESPONSIBLE
America Reserves Full Liberty
Of Action AS to F uture Treat
ment of Belligerent Sub.
marines In Its Waters

Washington, Oct. 10.-The State
department made public tonight ITS
answer to a joint note from England.
France. Russia and Japan asking the
United States to exclude German SUBJ
marines from its ports.
The answer was reported this after
noon to be a fiat rejection OF the al
lies request. A careful study of it's
contents. however. shows that while
1t does for the time being refuse the
request to exclude belligerent subma-
rines. it does not finally pacs upon
the question.
What the United States actually
does say in the note Is to tell the
allied powers that they have not set
forth any circumstances concerning
the uses of submarines which would
render the existing rules of interna-
tional law inapplicable to them.
Therefore. the United States reserves
its liberty of action in all respects"
The note leaves the issue still open
and 1t Is an issue that Is likely to
become more acute II the present
German submarine campaign is con-
tinued in American waters.
Arose Out of Deutschland Case
This is the memorandum to which
representatives of the British embassy
referred when they said Secretary
Lansing had told them he would not
decide the case finally until 4 con-
crete instance had arisen upon which
decision could be rendered. The
note was delivered on August 81 and
arose out Of the protests that vera
made in the case Of the commercial
submarine Deutschland. The allies
note to which this is an answer was
received here on August 20 and was
made public in a cable dispatch from
London.
The memorandum of the allies had
previously been published in London.
but for some reason it had been kept
secret here and even its existence was
not generally known until that fact
was stated in International News Ser
vice dispatches from Washington on
Monday morning. Denials that such
a protest had been made by the allies
were even attributed to the State de-
partment and published in certain
newspapers. II the views of some Of
the allied ambassadors prevail the
matter will not end here. The case
of the U-53 IL regarded by them as
re-opening the issue and the question
of calling upon the United States to
now make a final and definite ruling
as to whether German submarines
Sudii receive the same treatment dS
other warships has been put up TO
Sir Edward Grey to decide.
Will Not Condone Mistakes.
On one point. however. the Ameri-
can note made public tonight is clear
aid final. The allies. in their protest
OF August 23rd. warned the United
States in effect that American subma-
rnes should keep out of waters fre-
auented by German submarines for
fear they would be mistaken for Ger
mans and sunk. The United States
tells the allies in reply that they will
be held responsible for any conflicts
that may arise between American SUBJ
marines and allied warships on account
of the failure Of the allies to recognize
the nationality of the American boats.
Text OF Memorandum.
The following is the memorandum
handed by the United States govern
ment to the allied powers in response
to their memorandum asking this
country to exclude German submA.
rines from American ports:
The government Of the United States
has received the identic memoranda
Of the governments Of France, Great
Britain, Russia and Japan. in which
neutral governments are exhorted Ito
take efficacious measures tending to
prevent be1ligerent submarines. re-
gardless of their use. to avail them
selves of neutral waters. roadsteads
and harbors.''
These governments point out tho
facility possessed by such craft to
avoid supervision or surveillance. or
determination of their national char
acter and their power ito do INJURY
that is inherent in their very nature"
as we'll as the additional facilities
afforded by having at their disposal
places where they can rest and re-
plenish their supplies. Apparently on
these grounds the allied governments
hold that submarine vessels must be
excluded from the benefit Of the rules
heretofore accepted under interna-
tional law regarding the admission
and sojourn of war and merchant ves-
sells in neutral waters, roadsteads OF
harbors; any submarine OF a beliig-
erent that once enters q neutral har-
Dor must be held there" and, there
fore. the allied governments warn
neutral powers Of the great danger TO
neutral submarines attending the navi-
cation OF waters visited by the SUBJ
marines Of belligerents."
Expresses Surprise.
In reply the government Of the
United States must express liz SUR
prise that there appears 20 BE- an 60
deavor OF the allied powers u 49,
termine the rule Of action eoveFut1mEs
what they regard NJ = novel sltu
ton In respect to the use ~ aQ1
marines in time OF war and . Mn1o
acceptance Of that rule. at leaak ~
part. but warning neutral poWeeo ss
~ great danger q tAslr 0Nn