tained, but unhappily it does not stand alone. Recent events make the conclusion inevitable that it is only one instance, even though it be one of the most extreme and distressing instances, of the spirit and method of warfare which the Imperial German Government has mistakenly adopted and which from the first exposed that Government to the reproach of thrusting all neutral rights aside in pursuit of its immediate objects.

It

The Government of the United States has been very patient. At every stage of this distressing experience of tragedy after tragedy in which its own citizens were involved it has sought to be restrained from any extreme course of action or of protest by a thoughtful consideration of the extraordinary circumstances of this unprecedented war; and actuated in all that it said dr did by the sentiments of genuine friendship which the people of the United States have always entertained and continue to entertain toward the German nation. has, of course, accepted the successive explanations and assurances of the Imperial German Government as given in entire sincerity and good faith and has hoped, even against hope, that it would prove to be possible for the German Government so to order and control the acts of its naval commanders as to square its policy with the principles of humanity as embodied in the law of the nations. It has been willing to wait until the significance of the facts became absolutely unmistakable and susceptible of but one interpretation.

That point has now unhappily been reached. The facts are susceptible of but one interpretation. The Imperial German Government has been unable to put any limits or restraints upon its warfare against either freight or passenger ships. It has therefore become painfully evident that the position which this Government took at the very outset is inevitable, namely, that the use of submarines for the destruction of an enemy's commerce is of necessity-because of the very character of the vessels employed and the very methods of attack which their employment of course involves-incompatible with the principles of humanity, the long-established and incontrovertible rights of neutrals, and the sacred immunities of noncombatants.

I have deemed it my duty therefore to say to the Imperial German Government that if it is still its purpose to prosecute relentless and indiscriminate warfare against vessels of commerce by the use of submarines, notwithstanding the now demonstrated impossibility of conducting that warfare in accordance with what the Government of the United States must consider the sacred and indisputable rules of international law and the universally recognized dictates of humanity, the Government of the United States is at last forced to the conclusion that there is but one course it can pursue, and that unless the Imperial German Government should now immediately declare and effect an abandonment of its present methods of warfare against passenger and freight carrying vessels this Government can have no choice but to sever diplomatic relations with the Government of the German Empire altogether.

This decision I have arrived at with the keenest regret; the possibility of the action contemplated I am sure all thoughtful Americans will look forward to with unaffected reluctance. But we can not forget that we are in some sort and by the force of circumstances the responsible spokesmen of the rights of humanity, and that we can not remain silent while those rights seem in process of being swept

utterly away in the maelstrom of this terrible war. We owe it to a due regard for our own rights as a Nation, to our sense of duty as a representative of the rights of neutrals the world over and to a just conception of the rights of mankind to take this stand now with the utmost solemnity and firmness.

I have taken it, and taken it in the confidence that it will meet with your approval and support. All sober-minded men must unite in hoping that the Imperial German Government, which has in other circumstances stood as the champion of all that we are now contending for in the interest of humanity, may recognize the justice of our demands and meet them in the spirit in which they are made.

On the 5th of May Germany made reply to our note, which in the main seems to meet our demand. The significant statement is in the following words:

In accordance with the general principles of visit and search and the destruction of merchant vessels recognized by international law, such vessels, both within and without the area declared a naval war zone, shall not be sunk without warning and without saving human lives, unless the ship attempt to escape or offer resistance.

TEXT OF GERMANY'S REPLY TO OUR NOTE.

BERLIN, May 5, 1916.

(By wireless to Sayville.) Following is the text of the note of the German Government in reply to the American note respecting submarine warfare, delivered yesterday by Gottlieb von Jagow, the foreign secretary, to Ambassador Gerard:

The undersigned on behalf of the Imperial German Government, has the honor to present to his excellency the ambassador 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 communicated 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 10 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 ascertained which are of decisive importance for establishing the facts of the case. Should it turn out that the commander was wrong in assuming the vessel to be a man-of-war, the German Government will not fail to draw the consequence resulting therefrom.

"In connection with the case of the Sussex the Government of the United States made a 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 indiscriminate destruction of vessels of all sorts, nationalities,, and destinations by German submarine commanders. "The German Government must emphatically repudiate the assertion. The German Government, however, thinks it of little avail

to enter into details in the present stage of affairs, more particularly as the Government of the United States omitted to substantiate the assertion by reference to concrete facts.

"The German Government will only state that it has imposed farreaching restraints upon the use of the submarine weapon, solely in consideration of neutrals' interests, in spite of the fact that these restrictions are necessarily of advantage to Germany's enemies. No such consideration has ever been shown neutrals by Great Britain and her allies.

"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 merchant vessels recognized by international law, the sole exception being the conduct of warfare against enemy trade carried on enemy freight ships encountered in the war zone surrounding Great Britain. With regard to these, no assurances have ever been given to the Government of the United States. No such assurances are contained in the declaration of February 8, 1916.

"The German Government can not 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 resulting to all kinds of ruses, whether permissible or illicit. "But apart from the possibility of errors, naval warfare, just like warfare on land, implies unavoidable dangers for neutral persons and goods entering the fighting zone. Even in cases where the naval action is confined to ordinary forms of cruiser warfare, neutral persons and goods repeatedly come to grief.

"The German Government has repeatedly 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 reduce to a minimum for American travelers and goods the inherent dangers of naval warfare. Unfortunately the Government of the United States decided not to accept the proposals. Had it accepted, the Government of the United States would have been instrumental in preventing the greater part of the accidents that American citizens have met with in the meantime.

"The German Government still stands by its offer to come to an agreement along these lines.

"As the German Government repeatedly declared, it can not dispense with the use of the submarine weapon in the conduct of warfare against enemy trade. The German Government, however, has now decided to make a further concession, adapting methods of submarine war to the interests of neutrals. In reaching its decision the German Government is actuated by considerations which are above the level of the disputed question.

"The German Government attaches no less importance to the sacred principles of humanity than the Government of the United States. It again fully takes into account that both Governments for many years cooperated in developing international law in conformity with these principles, the ultimate object of which has always been

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to confine warfare on sea and land to armed forces of belligerents and safeguard as far as possible noncombatants against the horrors of war. "But although these considerations are of great weight, they alone would not, under present circumstances, have determined the attitude of the German Government. For in answer to the appeal by the Government of the United States on behalf of the sacred principles of humanity and international law, the German Government must repeat once more, with all emphasis, that it was not the German, but the British Government which ignored all accepted rules of international law and extended this terrible war to the lives and property of noncombatants, having no regard whatever for the interests and rights of neutrals and noncombatants that through this method of warfare have been severely injured.

"In self-defense against the illegal conduct of British warfare, while fighting a bitter struggle for national existence, Germany had to resort to the hard but effective weapon of submarine warfare.

"As matters stand, the German Government can not but reiterate regret that the sentiments of humanity, which the Government of the United States extends with such fervor to the unhappy victims of submarine warfare, are not extended with the same warmth of feeling to many millions of women and children who, according to the avowed intention of the British Government, shall be starved, and who by sufferings shall force the victorious armies of the central powers into ignominious capitulation.

"The German Government, in agreement with the German people, fails to understand this discrimination, all the more as it has repeatedly and explicitly declared itself ready to use the submarine weapon in strict conformity with the rules of international law as recognized before the outbreak of the war, if Great Britain likewise was ready to adapt the conduct of warfare to these rules.

"Several attempts made by the Government of the United States to prevail upon the British Government to act accordingly failed. because of flat refusal on the part of the British Government. Moreover, Great Britain again and again has violated international law, surpassing all bounds in outraging neutral rights. The latest measure adopted by Great Britain, declaring German bunker coal contraband and establishing conditions under which English bunker coal alone is supplied to neutrals, is nothing but an unheard-of attempt by way of exaction to force neutral tonnage into the service of the British trade war.

"The German people knows that the Government of the United States has the power to confine the war to armed forces of the belligerent countries, in the interest of humanity and maintenance of international law. The Government of the United States would have been certain of attaining this end had it been determined to insist, against Great Britain, on the incontrovertible rights to freedom of the seas. But as matters stand the German people is under the impression that the Government of the United States, while demanding that Germany, struggling for existence, shall restrain the use of an effective weapon, and while making compliance with these demands a condition for maintenance of relations with Germany, confines itself to protests against illegal methods adopted by Germany's enemies. Moreover, the German people knows to what con

siderable extent its enemies are supplied with all kinds of war material from the United States.

"It will therefore be understood that the appeal made by the Government of the United States to sentiments of humanity and principles of international law can not, under the circumstances,. meet the same hearty response from the German people which such an appeal otherwise always is certain to find here. If the German Government, nevertheless, is resolved to go to the utmost limit of concessions, it has been guided not alone by the friendship connecting the two great nations for over 100 years, but also by the thought of the great doom which threatens the entire civilized world should the cruel and sanguinary war be extended and prolonged.

"The German Government, conscious of Germany's strength, twice within the last few months announced before the world its readiness to make peace on a basis safeguarding Germany's vital interests, thus indicating that it is not Germany's fault if peace is still withheld from the nations of Europe. The German Government feels all the more justified in declaring that responsibility could not be borne before the forum of mankind and in history if after 21 months of the war's duration the submarine question, under discussion between the German Government and the Government of the United States, were to take a turn seriously threatening maintenance of peace between the two nations.

"As far as lies with the German Government, it wishes to prevent things from taking such a course. The German Government, moreover, is prepared to do its utmost to confine operations of the war for the rest of its duration to the fighting forces of the belligerents, thereby also insuring the freedom of the seas, a principle upon which the German Government believes, now as before, that it is in agreement with the Government of the United States.

"The German Government, guided by this idea, notifies the Government of the United States that German naval forces have received the following order:

"In accordance with the general principles of visit and search and the destruction of merchant vessels, recognized by international law, such vessels, both within and without the area declared a naval war zone, shall not be sunk without warning and without saving human lives unless the ship attempt to escape or offer resistance.'

"But neutrals can not expect that Germany, forced to fight for existence, shall, for the sake of neutral interests, restrict the use of an effective weapon, if the enemy is permitted to continue to apply at will methods of warfare violating rules of international law. Such a demand would be incompatible with the character of neutrality, and the German Government is convinced that the Government of the United States does not think of making such a demand, knowing that the Government of the United States repeatedly declares that it is determined to restore the principle of freedom of the seas, from whatever quarter it has been violated.

"Accordingly, the German Government is confident that in consequence of the new orders issued to the naval forces the Government of the United States will also now consider all impediments removed which may have been in the way of a mutual cooperation toward restoration of the freedom of the seas during the war, as suggested