The Tomahawk., 1916-10-19
Neutrality Law
Governs U-Boat
Action Wilson

washington, Oct. 1l.-lue teXt VI
the American memorandum replying
to that of the allied governments re-
garding treatment of belligerent sub
marines in neutral ports is as follows:
The government of the United
States has received the identical mem
France, Great Britain, Russia and ia
pan in which neutral governments are
exhorted Ito take efticacious measures
tending to prevent belligerent subma
rines, regardless Of their use, to avail
themselves Of neutral waters, road
steads, and harbors.
These governments point out the ia
cility possessed by such craft to avoid
supervision or surveillance or deter
mination Of their national character
and their power ito do injury that is
inherent in their very nature as well
as the additional facilities" afforded
by having at their disposal places
where they can rest and replenisb
their supplies.
NeutraIs Warned of Danger.
Apparently on these grounds the al.
lied governments hold that "submar
inc vessels must be excluded from
the benefit of the rules heretofore &C.
cepted under International law re-
gardng the admission and sojourn OF
war and merchant vessels in neutral
waters, roadsteads, or harbors; and
submarine of a belligerent that once
enters a neutral harbor must be held
there" and therefore the allied gov.
ernments warn the neutral powers OF
the great danger to neutral subma'
rines attending the navigation of wa
tiers visited by the submarines of bel
ligerents.
In reply the government of the Uni.
ted States must express it's surprise
that there appears to be an endeavor
of the allied powers to determine the
rule of action governing what they re-
gard as novel situation" in respect
to the use of submarines in time OF
war and to enforce acceptance Of that
rule, at least in part, by warning neu'
trail powers Of the great danger to
their submarines in waters that may
be visited by belligerent submarines.
Existing Rules Apply.
In the opinion of the government OF
the United States the allied powers
have not set forth any circumstances,
nor is the government Of the United
States at present aware of any cir.
cumstances concerning the use of war
or merchant submarines which would
render the existing rules of interna'
tiolal law inappicable to them.
In, view Of this fact and of the no.
tice and warning of the allied powers
announced in their memoranda under
acknowledgment it is encumbent up.
on the government of the United
States to notify the governments OF
France, Great Britain, Russia and ia
pan, that so far as the treatment OF
either war or merchant submarines in
American waters is concerned the gov.
eminent of the United States deserves
its liberty of action in all respects and
will treat such vessels as, in it's opin.
ion, becomes the action of power
which may be said to have taken the
first steps toward establishing the
principles of neutrality and which for
over century has maintained those
principles in the traditional spirit and
with the high sense Of impartiality in
which they were conceived.
To Distinguish Between Divers.
In order, however, that there
should be no misunderstanding as tc
the attitude of the United States, the
government of the United States an
nounces to the allied powers that II
holds it to be the duty of the bellig
erent powers to distinguish between
submarines of neutral and belligerent
nationality and that responsibility for
any conflict that may arise between
belligerent warships and neutral sub
marines on account Of neglect of 9
belligerent to distinguish between
these classes of submarines must resi-
entirely upon the negligent power.