"On the 22d of February last I received a communication from your

Excellency of the identic note addressed to his Majesty's Government and

to Germany respecting an agreement on certain points as to the conduct

of the war at sea. The reply of the German Government to this note has

been published and it is not understood from the reply that the German

Government are prepared to abandon the practice of sinking British

merchant vessels by submarines, and it is evident from their reply that

they will not abandon the use of mines for offensive purposes on the

high seas as contrasted with the use of mines for defensive purposes

only within cannon range of their own harbors, as suggested by the

Government of the United States. This being so, it might appear

unnecessary for the British Government to make any further reply than to

take note of the German answer.

"We desire, however, to take the opportunity of making a fuller

statement of the whole position and of our feeling with regard to it. We

recognize with sympathy the desire of the Government of the United

States to see the European war conducted in accordance with the

previously recognized rules of international law and the dictates of

humanity. It is thus that the British forces have conducted the war, and

we are not aware that these forces, either naval or military, can have

laid to their charge any improper proceedings, either in the conduct of

hostilities or in the treatment of prisoners or wounded. On the German

side it has been very different.

"1. The treatment of civilian inhabitants in Belgium and the North of

France has been made public by the Belgian and French Governments and by

those who have had experience of it at first hand. Modern history

affords no precedent for the sufferings that have been inflicted on the

defenseless and non-combatant population in the territory that has been

in German military occupation. Even the food of the population was

confiscated until in Belgium an international commission, largely

influenced by American generosity and conducted under American auspices,

came to the relief of the population and secured from the German

Government a promise to spare what food was still left in the country,

though the Germans still continue to make levies in money upon the

defenseless population for the support of the German Army.

"2. We have from time to time received most terrible accounts of the

barbarous treatment to which British officers and soldiers have been

exposed after they have been taken prisoner, while being conveyed to

German prison camps. One or two instances have already been given to the

United States Government founded upon authentic and first-hand evidence

which is beyond doubt. Some evidence has been received of the hardships

to which British prisoners of war are subjected in the prison camps,

contrasting, we believe, most unfavorably with the treatment of German

prisoners in this country. We have proposed, with the consent of the

United States Government, that a commission of United States officers

should be permitted in each country to inspect the treatment of

prisoners of war. The United States Government have been unable to

obtain any reply from the German Government to this proposal, and we

remain in continuing anxiety and apprehension as to the treatment of

British prisoners of war in Germany.

"3. At the very outset of the war a German mine layer was discovered

laying a mine field on the high seas. Further mine fields have been laid

from time to time without warning, and, so far as we know, are still

being laid on the high seas, and many neutral as well as British vessels

have been sunk by them.

"4. At various times during the war German submarines have stopped and

sunk British merchant vessels, thus making the sinking of merchant

vessels a general practice, though it was admitted previously, if at

all, only as an exception, the general rule to which the British

Government have adhered being that merchant vessels, if captured, must

be taken before a prize court. In one case already quoted in a note to

the United States Government a neutral vessel carrying foodstuffs to an

unfortified town in Great Britain has been sunk. Another case is now

reported in which a German armed cruiser has sunk an American vessel,

the William P. Frye, carrying a cargo of wheat from Seattle to

Queenstown. In both cases the cargoes were presumably destined for the

civil population. Even the cargoes in such circumstances should not have

been condemned without the decision of a prize court, much less should

the vessels have been sunk. It is to be noted that both these cases

occurred before the detention by the British authorities of the

Wilhelmina and her cargo of foodstuffs, which the German Government

allege is the justification for their own action.

"The Germans have announced their intention of sinking British merchant

vessels by torpedo without notice and without any provision for the

safety of the crews. They have already carried out this intention in the

case of neutral as well as of British vessels, and a number of

non-combatant and innocent lives on British vessels, unarmed and

defenseless, have been destroyed in this way.

"5. Unfortified, open, and defenseless towns, such as Scarborough,

Yarmouth, and Whitby, have been deliberately and wantonly bombarded by

German ships of war, causing in some cases considerable loss of civilian

life, including women and children.

"6. German aircraft have dropped bombs on the east coast of England,

where there were no military or strategic points to be attacked. On the

other hand, I am aware of but two criticisms that have been made on

British action in all these respects:

"1. It is said that the British naval authorities also have laid some

anchored mines on the high seas. They have done so, but the mines were

anchored and so constructed that they would be harmless if they went

adrift, and no mines whatever were laid by the British naval authorities

till many weeks after the Germans had made a regular practice of laying

mines on the high seas.

"2. It is said that the British Government have departed from the view

of international law which they had previously maintained, that

foodstuffs destined for the civil population should never be interfered

with, this charge being founded on the submission to a prize court of

the cargo of the Wilhelmina. The special considerations affecting this

cargo have already been presented in a memorandum to the United States

Government, and I need not repeat them here.

"Inasmuch as the blockade of all foodstuffs is an admitted consequence

of blockade, it is obvious that there can be no universal rule based on

considerations of morality and humanity which is contrary to this

practice. The right to stop foodstuffs destined for the civil population

must therefore in any case be admitted if an effective 'cordon'

controlling intercourse with the enemy is drawn, announced, and

maintained. Moreover, independently of rights arising from belligerent

action in the nature of blockade, some other nations, differing from the

opinion of the Governments of the United States and Great Britain, have

held that to stop the food of the civil population is a natural and

legitimate method of bringing pressure to bear on an enemy country as it

is upon the defense of a besieged town. It is also upheld on the

authority of both Prince Bismarck and Count Caprivi, and therefore

presumably is not repugnant to German morality.

"The following are the quotations from Prince Bismarck and Count Caprivi

on this point. Prince Bismarck in answering, in 1885, an application

from the Kiel Chamber of Commerce for a statement of the view of the

German Government on the question of the right to declare as contraband

foodstuffs that were not intended for military forces said: 'I reply to

the Chamber of Commerce that any disadvantage our commercial and

carrying interests may suffer by the treatment of rice as contraband of

war does not justify our opposing a measure which it has been thought

fit to take in carrying on a foreign war. Every war is a calamity which

entails evil consequences not only on the combatants but also on

neutrals. These evils may easily be increased by the interference of a

neutral power with the way in which a third carries on the war to the

disadvantage of the subjects of the interfering power, and by this means

German commerce might be weighted with far heavier losses than a

transitory prohibition of the rice trade in Chinese waters. The measure

in question has for its object the shortening of the war by increasing

the difficulties of the enemy and is a justifiable step in war if

impartially enforced against all neutral ships.'

"Count Caprivi, during a discussion in the German Reichstag on the 4th

of March, 1892, on the subject of the importance of international

protection for private property at sea, made the following statements:

'A country may be dependent for her food or for her raw products upon

her trade. In fact, it may be absolutely necessary to destroy the

enemy's trade.' 'The private introduction of provisions into Paris was

prohibited during the siege, and in the same way a nation would be

justified in preventing the import of food and raw produce.'

"The Government of Great Britain have frankly declared, in concert with

the Government of France, their intention to meet the German attempt to

stop all supplies of every kind from leaving or entering British or

French ports by themselves stopping supplies going to or from Germany.

For this end, the British fleet has instituted a blockade effectively

controlling by cruiser 'cordon' all passage to and from Germany by sea.

The difference between the two policies is, however, that, while our

object is the same as that of Germany, we propose to attain it without

sacrificing neutral ships or non-combatant lives, or inflicting upon

neutrals the damage that must be entailed when a vessel and its cargo

are sunk without notice, examination, or trial.

"I must emphasize again that this measure is a natural and necessary

consequence of the unprecedented methods repugnant to all law and

morality which have been described above which Germany began to adopt at

the very outset of the war and the effects of which have been constantly

accumulating."

American Ambassador, London.

IV.

AMERICAN INQUIRY ON REPRISAL METHOD.

_The American Government on March 5 transmitted identic messages of

inquiry to the Ambassadors at London and Paris inquiring from both

England and France how the declarations in the Anglo-French note

proclaiming an embargo on all commerce between Germany and neutral

countries were to be carried into effect. The message to London was as

follows:_

WASHINGTON, March 5, 1915.

In regard to the recent communications received from the British and

French Governments concerning restraints upon commerce with Germany,

please communicate with the British Foreign Office in the sense

following:

The difficulty of determining action upon the British and French

declarations of intended retaliation upon commerce with Germany lies in

the nature of the proposed measures in their relation to commerce by

neutrals.

While it appears that the intention is to interfere with and take into

custody all ships, both outgoing and incoming, trading with Germany,

which is in effect a blockade of German ports, the rule of blockade that

a ship attempting to enter or leave a German port, regardless of the

character of its cargo, may be condemned is not asserted.

The language of the declaration is "the British and French Governments

will, therefore, hold themselves free to detain and take into port ships

carrying goods of presumed enemy destination, ownership, or origin. It

is not intended to confiscate such vessels or cargoes unless they would

otherwise be liable to condemnation."

The first sentence claims a right pertaining only to a state of

blockade. The last sentence proposes a treatment of ships and cargoes as

if no blockade existed. The two together present a proposed course of

action previously unknown to international law.

As a consequence neutrals have no standard by which to measure their

rights or to avoid danger to their ships and cargoes. The paradoxical

situation thus created should be changed and the declaring powers ought

to assert whether they rely upon the rules governing a blockade or the

rules applicable when no blockade exists.

The declaration presents other perplexities. The last sentence quoted

indicates that the rules of contraband are to be applied to cargoes

detained. The rules covering non-contraband articles carried in neutral

bottoms is that the cargoes shall be released and the ships allowed to

proceed.

This rule cannot, under the first sentence quoted, be applied as to

destination. What, then, is to be done with a cargo of non-contraband

goods detained under the declaration? The same question may be asked as

to conditional contraband cargoes.

The foregoing comments apply to cargoes destined for Germany. Cargoes

coming out of German forts present another problem under the terms of

the declaration. Under the rules governing enemy exports only goods

owned by enemy subjects in enemy bottoms are subject to seizure and

condemnation. Yet by the declaration it is purposed to seize and take

into port all goods of enemy "ownership and origin." The word "origin"

is particularly significant. The origin of goods destined to neutral

territory on neutral ships is not, and never has been, a ground for

forfeiture, except in case a blockade is declared and maintained. What,

then, would the seizure amount to in the present case except to delay

the delivery of the goods? The declaration does not indicate what

disposition would be made of such cargoes if owned by a neutral or if

owned by an enemy subject. Would a different rule be applied according

to ownership? If so, upon what principles of international law would it

rest? And upon what rule, if no blockade is declared and maintained,

could the cargo of a neutral ship sailing out of a German port be

condemned? If it is not condemned, what other legal course is there but

to release it?

While this Government is fully alive to the possibility that the methods

of modern naval warfare, particularly in the use of submarines for both

defensive and offensive operations, may make the former means of

maintaining a blockade a physical impossibility, it feels that it can be

urged with great force that there should be also some limit to "the

radius of activity," and especially so if this action by the

belligerents can be construed to be a blockade. It would certainly

create a serious state of affairs if, for example, an American vessel

laden with a cargo of German origin should escape the British patrol in

European waters only to be held up by a cruiser off New York and taken

into Halifax.

Similar cablegrams sent to Paris.

BRYAN.

V.

BRITISH REPLY TO THE AMERICAN INQUIRY.

_The reply from the British Government transmitted by the American

Ambassador at London to the Secretary of State concerning the method of

enforcing the reprisal order follows:_

LONDON, March 15, 1915.

Following is the full text of a note dated today and an Order in Council

I have just received from Grey:

"1. His Majesty's Government have had under careful consideration the

inquiries which, under instructions from your Government, your

Excellency addressed to me on the 8th inst., regarding the scope and

mode of application of the measures foreshadowed in the British and

French declarations of the 1st of March, for restricting the trade of

Germany. Your Excellency explained and illustrated by reference to

certain contingencies the difficulty of the United States Government in

adopting a definite attitude toward these measures by reason of

uncertainty regarding their bearing upon the commerce of neutral

countries.

"2. I can at once assure your Excellency that subject to the paramount

necessity of restricting German trade his Majesty's Government have made

it their first aim to minimize inconvenience to neutral commerce. From

the accompanying copy of the Order in Council, which is to be published

today, you will observe that a wide discretion is afforded to the prize

court in dealing with the trade of neutrals in such manner as may, in

the circumstances, be deemed just, and that full provision is made to

facilitate claims by persons interested in any goods placed in the

custody of the Marshal of the prize court under the order. I apprehend

that the perplexities to which your Excellency refers will for the most

part be dissipated by the perusal of this document, and that it is only

necessary for me to add certain explanatory observations.

"3. The effect of the Order in Council is to confer certain powers upon

the executive officers of his Majesty's Government. The extent to which

those powers will be actually exercised and the degree of severity with

which the measures of blockade authorized will be put into operation are

matters which will depend on the administrative orders issued by the

Government and the decisions of the authorities specially charged with

the duty of dealing with individual ships and cargoes, according to the

merits of each case. The United States Government may rest assured that

the instructions to be issued by his Majesty's Government to the fleet

and customs officials and Executive Committees concerned will impress

upon them the duty of acting with the utmost dispatch consistent with

the object in view, and of showing in every case such consideration for

neutrals as may be compatible with that object, which is, succinctly

stated, to establish a blockade to prevent vessels from carrying goods

for or coming from Germany."

[Illustration: HERR VON JAGOW

German Secretary for Foreign Affairs

_(Photo from Rogers)_]

[Illustration: MAXIMILIAN HARDEN

Editor of _Die Zukunft_, Germany's Most Brilliant Journalist, Who Has

Been Severe in His Strictures Upon the United States

_(Photo from Brown Bros.)_]

"4. His Majesty's Government has felt most reluctant, at the moment of

initiating a policy of blockade, to exact from neutral ships all the

penalties attaching to a breach of blockade. In their desire to

alleviate the burden which the existence of a state of war at sea must

inevitably impose on neutral sea-borne commerce, they declare their

intention to refrain altogether from the exercise of the right to

confiscate ships or cargoes which belligerents have always claimed in

respect of breaches of blockade. They restrict their claim to the

stopping of cargoes destined for or coming from the enemy's territory.

"5. As regards cotton, full particulars of the arrangements contemplated

have already been explained. It will be admitted that every possible

regard has been had to the legitimate interests of the American cotton

trade.

"6. Finally, in reply to the penultimate paragraph of your Excellency's

note, I have the honor to state that it is not intended to interfere

with neutral vessels carrying enemy cargo of non-contraband nature

outside European waters, including the Mediterranean."

(Here follows the text of the Order in Council, which already has been

printed.)

American Ambassador, London.

VI.

FRENCH GOVERNMENT'S ANSWER.

_The French Government transmitted the following message:_

PARIS, March 14, 1915.

French Government replies as follows:

"In a letter dated March 7 your Excellency was good enough to draw my

attention to the views of the Government of the United States regarding

the recent communications from the French and British Governments

concerning a restriction to be laid upon commerce with Germany.

According to your Excellency's letter, the declaration made by the

allied Governments presents some uncertainty as regards its application,

concerning which the Government of the United States desires to be

enlightened in order to determine what attitude it should take.

"At the same time your Excellency notified me that, while granting the

possibility of using new methods of retaliation against the new use to

which submarines have been put, the Government of the United States was

somewhat apprehensive that the allied belligerents might (if their

action is to be construed as constituting a blockade) capture in waters

near America any ships which might have escaped the cruisers patrolling

European waters. In acknowledging receipt of your Excellency's

communication I have the honor to inform you that the Government of the

republic has not failed to consider this point as presented by the

Government of the United States, and I beg to specify clearly the

conditions of application, as far as my Government is concerned of the

declaration of the allied Governments. As well set forth by the Federal

Government, the old methods of blockade cannot be entirely adhered to in

view of the use Germany has made of her submarines, and also by reason

of the geographical situation of that country. In answer to the

challenge to the neutrals as well as to its own adversaries contained in

the declaration, by which the German Imperial Government stated that it

considered the seas surrounding Great Britain and the French coast on

the Channel as a military zone, and warned neutral vessels not to enter

the same on account of the danger they would run, the allied Governments

have been obliged to examine what measures they could adopt to interrupt

all maritime communication with the German Empire and thus keep it

blockaded by the naval power of the two allies, at the same time,

however, safeguarding as much as possible the legitimate interests of

neutral powers and respecting the laws of humanity which no crime of

their enemy will induce them to violate.

"The Government of the republic, therefore, reserves to itself the right

of bringing into a French or allied port any ship carrying a cargo

presumed to be of German origin, destination, or ownership, but it will

not go to the length of seizing any neutral ship except in case of

contraband. The discharged cargo shall not be confiscated. In the event

of a neutral proving his lawful ownership of merchandise destined to

Germany, he shall be entirely free to dispose of same, subject to

certain conditions. In case the owner of the goods is a German, they

shall simply be sequestrated during the war.

"Merchandise of enemy origin shall only be sequestrated when it is at

the same time the property of an enemy. Merchandise belonging to

neutrals shall be held at the disposal of its owner to be returned to

the port of departure.

"As your Excellency will observe, these measures, while depriving the

enemy of important resources, respect the rights of neutrals and will

not in any way jeopardize private property, as even the enemy owner will

only suffer from the suspension of the enjoyment of his rights during

the term of hostilities.

"The Government of the republic, being desirous of allowing neutrals

every facility to enforce their claims, (here occurred an undecipherable

group of words,) give the prize court, an independent tribunal,

cognizance of these questions, and in order to give the neutrals as

little trouble as possible it has specified that the prize court shall

give sentence within eight days, counting from the date on which the

case shall have been brought before it.

"I do not doubt, Mr. Ambassador, that the Federal Government, comparing

on the one hand the unspeakable violence with which the German Military

Government threatens neutrals, the criminal actions unknown in maritime

annals already perpetrated against neutral property and ships, and even

against the lives of neutral subjects or citizens, and on the other hand

the measures adopted by the allied Governments of France and Great

Britain, respecting the laws of humanity and the rights of individuals,

will readily perceive that the latter have not overstepped their strict

rights as belligerents.

New York Times Current History: The European War, Vol 2, No. 1, April, 1915 April-September, 1915 · 第 2 / 28 段