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chantmen without previous warning, as happened with the vessels Electra, (German;) Bubrovnik, (Austrian;) Zagreb, (Austrian,) &c., which already has been repeatedly censured; and in this respect the Austro-Hungarian Government never returned like for like, notwithstanding its uncontested right. In the course of the entire war Austro-Hungarian war vessels have not sunk one enemy merchantman without previous, if only general, warning.

The repeatedly mentioned thesis of the United States Government also allows various interpretations, in so far, namely, as it is doubtful whether, as is asserted from various sides, only on resistance justifies the destruction of vessel a with persons aboard, or resistance of another kind; as is shown if the crew intentionally neglects to take the passengers into boats-the Ancona case or if the passengers themselves refuse to enter boats. According to the opinion of the Austro-Hungarian Government, the destruction of a warned vessel without rescuing the persons aboard is admissible in cases of the latter kind, because otherwise it would be left to the individual passenger to nullify the right of belligerents to sink vessels.

Moreover, it may be pointed out also that there is no unanimity as regards in what cases the sinking of neutral merchantmen at all is admissible. The obligation to issue a warning immediately before sinking vessels leads, according to the opinion of the AustroHungarian Government, on the one hand, to harshness which could be avoided; on the other hand, it is under circumstances calculated to injure the justified interests of belligerents. In the first place, it must not be overlooked that the rescue of persons is almost always left to mere chance, as the only choice remaining is to take them aboard war vessels which are exposed to any enemy influence, or to expose them in small boats to the dangers of the elements; so that it therefore corresponds much better to the principles of humanity to prevent persons, by timely warning, from using endangered vessels.

Neutrals Must Not Use Enemy Ships Furthermore, notwithstanding careful examination of all legal questions referring thereto, the Austro-Hungarian Government could not come to the conviction that subJects of neutral States are entitled to travel unmolested on enemy vessels.

The principle that neutrals in war time also should enjoy the advantages of freedom of the seas refers only to neutral vessels, not to neutral persons on board enemy vessels, because belligerents, as is well known, are entitled to prevent the enemy's sea traffic as far as they are able. Being in possession of the necessary war means and considering it necessary for the attainment of their war aims, they can prohibit sea traffic of enemy merchantmen on pain of their destruction, provided they have pre

viously announced this to be their intention, so that every one, whether enemy or neutral, may be enabled to avoid endangering life. Even if doubts should arise regarding the justifiableness of such procedure, and if the enemy should threaten reprisals, then this would be an affair for settlement between the belligerents only, who, as generally recognized, are entitled to make the high seas the scene of military operations and to oppose any interference with their enterprises and to decide for themselves what measures shall be taken against enemy sea traffic.

In such cases neutrals have no other legitimate interest, and therefore no other legal claim, than that the belligerent inform them in time of prohibitions directed to the enemy, that they can avoid intrusting their lives and their goods to enemy vessels.

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It appears that it also would be a flagrant misunderstanding if a neutral Government, only to enable its subjects to travel enemy vessels, while they as readily, and even with far greater security, could use neutral vessels, should fall with a belligerent power which, perhaps, was fighting for its existence, not to speak of the most serious abuses for which the road would be left clear if the belligerent were to be forced to lower arms before every neutral who desired to use enemy vessels for his business or pleasure trips. Never was there the slightest doubt that neutral subjects themselves have to bear all the loss which they suffer by entering on land territory where warlike operations are taking place. There obviously is no reason to allow different principles for war on sea, the more so as at the Second Peace Conference the wish was expressed that, until the time when war on sea should have found a settlement by agreements, the law in force for war on land should be employed, as far as this was possible, also for war on

sea.

In the spirit of what was previously said, the regulation that warning must be given to a ship which is to be sunk undergoes exceptions of various kinds, under certain circumstances, as, for instance, as mentioned by the American Government, in cases of flight and resistance, when vessels may be de

stroyed without warning, while in other cases warning before the departure of a vessel is necessary. The Austro-Hungarian Government can therefore state, whatever attitude the Washington Cabinet may take in regard to individual questions raised here, that it, as especially regards protection of neutrals against endangering their lives, is essentially in accord with the American Government. But it was not only satisfied to put into effect in the course of this war the conception represented by her, but beyond that it also accommodated its attitude with painful care to the thesis set up by the Washington Cabinet, and would feel inclined to support it in its endeavor to secure American citizens against dangers at sea, which endeavor it supports by the warmest philanthropy, and by instructing and warning those intrusted with it.

As regards Circular Note 10,602 of last year, regarding the treatment of armed enemy merchantmen, the Austro-Hungarian Government, it is true, has to state that, as already mentioned previously, it is of the opinion that the arming of merchantmen, even solely for defense against the exercise of the right of capture, is not established by modern international law. A war vessel is obliged to come into contact with enemy merchantmen in a peaceful manner. It has to waylay the vessel by certain signals, to enter into communication with the Captain, to examine the ship's papers, draw up a protocol, and, if necessary, take an inventory, &c. Fulfillment of these duties presupposes naturally that the war vessel has full certainty that the merchantman, on its part, also will act peacefully. Without doubt such certainty does not exist if the merchantman possesses armament which is sufficient to fight the war vessel. It can hardly be expected to discharge its duties under the muzzles of guns, whatever their purpose may be, without mentioning the fact that merchantmen of the Entente Powers, despite all assurances to the contrary, are-as this has been proved-provided with arms for an aggressive purpose and also use them for this purpose.

It would also be a misinterpretation of the duties of humanity to demand the crews of war vessels expose themselves without defense to arms of the enemy. No State could value its duties of humanity toward the legal defenders of the Fatherland less than its duties toward subjects of foreign powers. The Austro-Hungarian Government therefore could have stated from conviction that its promise made to the Washington Cabinet did not extend, from the very beginning, to armed merchantmen, because they, according to the valid principle and right which restrict hostilities to organized forces, are to be regarded as private vessels, which may be destroyed.

As history shows, it was never permitted under general international law that merchantmen oppose the exercise of the right of capture by war vessels. Even if a regulation of such kind could be found, this would not

prove that vessels should be allowed to arm themselves. It must also be taken into consideration that the arming of merchantmen would completely transform warfare on the sea, and that such a transformation cannot correspond with the intentions of those who endeavor to bring to bear the principles of humanity in warfare on sea. In fact, since the abolition of privateering no Government, until a few years ago, has thought in the least of arming merchantmen. At the Second Peace Conference, which was occupied with all questions of naval war law, the arming of merchantmen was mentioned only once. This utterance, however, is significant because it was made by high naval officers, who freely declared: "When a warship proposes to stop and visit a merchant ship, the commander, before launching a small boat, will cause a cannon shot to be fired. A cannon shot is the best guarantee that can be given. Merchant ships have no cannon on board."

Notwithstanding that, Austria-Hungary adhered to her promise also as regards this question. In the mentioned circular note neutrals were warned in time against intrusting their persons and property to armed vessels. The issued measure was not put in force at once, but a period of grace was given in order to enable neutrals to leave armed vessels which they had already boarded. Finally, Austro-Hungarian war vessels themselves have been instructed, even in the case of encountering armed enemy merchantmen, If, in view of the circumstances, it is possible, to issue a warning and take care of the rescue of passengers.

The statement of the American Embassy that the armed British steamers Secundo, Uno, and Welsh Prince were torpedoed by Austro-Hungarian submarines without warning is erroneous. [The Secundo and Uno are listed in marine registers as Norwegian vessels. ] The Austro-Hungarian Government meanwhile received information that no Austro-Hungarian war vessel took part in the sinking of these steamers.

In the same manner as in the repeatedly mentioned circular note, the Austro-Hungarian Government-and therewith it comes back to the question of intensified submarine warfare-as mentioned at the beginning of this aide-mémoire and also in its declaration of Jan. 31 of the current year, issued a warning to all neutrals by fixing a certain period. Moreover, the whole declaration represents in essence nothing else but a warning, namely, that no merchantmen will be allowed to enter the sea areas exactly described in the declaration.

Moreover, Austro-Hungarian war vessels are instructed if possible to warn merchantmen encountered in these areas and to bring into safety the crews and passengers. The Austro-Hungarian Government also possessed numerous reports that crews and passengers of vessels which have been destroyed in these areas have been brought into safety. For the eventual losses of human life which never

theless may occur in the destruction of armed vessels or such encountered in the barred zone the Austro-Hungarian Government can take no responsibility.

Little Risk From Austrian U-Boats

Moreover, it may be pointed out that Austro-Hungarian submarines solely are operating in the Adriatic and Mediterranean, and that, therefore, an encroachment of American intrests is hardly to be feared from Austro-Hungarian war vessels.

In view of everything mentioned in the beginning of this aide-mémoire, there need hardly be an assurance that the barricading of sea areas described in the declaration does not aim at destruction of human life or even its endangering. But apart from the higher aim of sparing further suffering to mankind by shortening the war, and solely to place Great Britain and her allies, who, without an effective blockade over the coasts of the Central Powers, prevent the sea traffic of neutrals with these powers in the same isolation, the step is taken to render them by this pressure more pliable toward a peace which bears in itself a guarantee and is durable.

That Austria-Hungary uses different means is especially caused by circumstances over which mankind has no power. The AustroHungarian Government is convinced that it has done everything in its power to avoid human losses. It would attain this aim, which is intended by the Central Powers, most quickly and most certainly if in those sea areas no single human life were lost and no single life were endangered.

Says Ancona Pledge Stands

Summarizing, the Austro-Hungarian Government can state that the assurance given to the Washington Cabinet in the Ancona case and renewed in the Persia case has neither been abolished nor restricted by its declaration of Feb. 10, 1916, and Jan. 31, 1917. Within this assurance it will also in the future, united with its allies, do everything so that the peoples on earth will soon again participate in the blessings of peace. If in the prosecution of this aim, which, as is well known, finds full sympathy in the Washington Cabinet, it sees itself obliged to prevent neutral sea traffic in certain sea areas, in justification of this measure it will point not so much at the attitude of the enemy, which it considers not at all worthy of imitation, but it will point out that Austria-Hungary, by reason of the obstinacy and malignity of her enemies, who intend her destruction, has been placed in a state of self-defense than which history knows no more typical example.

As the Austro-Hungarian Government finds inspiration in the consciousness that the fight which Austria-Hungary is waging serves not only for maintenance of its vital interests but also for realization of the equal rights of all States, it lays the greatest stress in this last and most severe period of the war, which, as it deeply deplores, demands sacrifices also from friends, on the confirmation by word and deed that the principle of humanity guides it, in the same manner as the law of respect of the interests of neutral peoples.

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A Vivid Battle Scene by Rheinhold Eichacker, a German Officer on the Western Front

"After a lengthy artillery preparation, white and colored Frenchmen attacked our positions in heavy force. They succeeded in getting a foothold in some of our most advanced trenches. A furious counterattack drove them back again in a hand-to-hand encounter. Nothing else of importance."— German Army Report.

T 7:15 in the morning the French attacked. The black Senegal negroes, France's cattle for the shambles. After a seven-hour suffocating drumfire that, according to all human reckoning, should not have left a mortal man alive. But we still livedand waited. Six meters under the sod lay our "waiting rooms." Burrowed into the ground on a slant. Courage bracers," they call them out there.

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At 7:15 the enemy shifted his fire backward upon our reserves. Our pick

ets sounded the alarm. We sprang to arms, with our gas masks in place. For a few seconds the trenches resembled an antheap. There was feverish hurrying, running, shouting, and shoving. Just for seconds. Then everybody was at his post. Everybody who was alive. Every one a rock in the seething waves. Every one determined to hold his position against hell itself.

A gas attack! Several hundred pairs of wide-open warriors' eyes fixed their glances upon the ugly, smoking cloud that, lazy and impenetrable, rolled toward us. Hundreds of fighting eyes, fixed, threatening, deadly. Let them come, the blacks! And they came. First singly, at wide intervals. Feeling their way, like the arms of a horrible cuttlefish. Eager, grasping, like the claws of a mighty monster. Thus they rushed

closer, flickering and sometimes disappearing in their cloud. Entire bodies and single limbs, now showing in the harsh glare, now sinking in the shadows, came nearer and nearer. Strong, wild fellows, their loglike, fat, black skulls wrapped in pieces of dirty rags. Showing their grinning

teeth like panthers, with their bellies drawn in and their necks stretched forward. Some with bayonets on their rifles. Many only armed with knives. Monsters all, in their confused hatred. Frightful their distorted, dark grimaces. Horrible their unnaturally wide-opened, burning, bloodshot eyes. Eyes that seem like terrible beings themselves. Like unearthly, hell-born beings. Eyes that seemed to run ahead of their owners, lashed, unchained, no longer to be restrained. On they came like dogs gone mad and cats spitting and yowling, with a burning lust for human blood, with a cruel dissemblance of their beastly malice. Behind them came the first wave of the attackers, in close order, à solid, rolling black wall, rising and falling, swaying and heaving, impenetrable, endless.

"Close range! Individual firing! Take careful aim!" My orders rang out sharp and clear and were correctly understood by all the men. They stood as if carved out of stone, their lips tightly pressed, the muscles of their cheeks swollen, and took aim. Just like rifle range work. The first blacks fell headlong in full course in our wire entanglements, turning somersaults like the clowns in a circus. .Some of them half rose, remained hanging, jerked themselves further, crawling, gliding like snakes-cut wires-sprang over-tumbled-fell.

Nearer and nearer rolled the wall. Gaps opened and closed again. Lines halted and-rolled on again. Whrrr rratt -tenggg-sssstt-crack! Our artillery sent them its greeting! Whole groups melted away. Dismembered bodies, sticky earth, shattered rocks, were mixed in wild disorder. The black cloud halted, wavered, closed its ranks-and rolled nearer and nearer, irresistible, crushing, devastating! And the rifles were flashing all the time. A dissonant, voiceless rattle. The men still stood there and took aim. Calmly, surely, not wasting a

single shot. The stamping and snorting of thousands of panting beasts ate up the ground between us.

Now the wave was only 300 paces from our defenses-from their remnants-now only 200-100-irresistible, seething and roaring 50 paces!" Rapid fire!" I roared, I shrieked, through the swelling cracking of the rifles. A hurricane swallowed my voice! Hell seemed let loose at a single blow, raging, storming, obliterating all understanding! Shoving and stamping, shrieking and shouting, cracking and rattling, hissing and screeching. A heavy veil hung over the wall. In this cloud pieces of earth, smoke spirals, black, red, white, yellow flashes, quivered and flared. Rattling, rapping, pounding, hammering, crackling. And the shots fell unceasingly. Clear and shrill the rifles, heavy and roaring the shells.

And now came the gruesome, inconceivable horror! A wall of lead and iron suddenly hurled itself upon the attackers and the entanglements just in front of our trenches. A deafening hammering and clattering, cracking and pounding, rattling and crackling, beat everything to earth in ear-splitting, nerve-racking clamor. Our machine guns had flanked the blacks!

Like an invisible hand they swept over the men and hurled them to earth, mangling and tearing them to pieces! As an Autumn storm roars over the fields they swept in full flood over the ranks and snuffed out life! Like hail among the ears of grain, their missiles flew and rattled and broke down the enemy's will! Singly, in files, in rows and heaps, the blacks fell. Next to each other, behind each other, on top of each other. Hurled in heaps, in mounds, in hillocks. Fresh masses charged and fell back, charged and stumbled, charged and fell. And there were always fresh forces! They seemed to spring from the very earth!

We had losses; heavy losses. Here a man suddenly put his hand to his forehead and swayed. There another sprang gurgling to one side and fell, as flat and heavy as a block of stone. S-s-s-t-it went above our heads. The French were throwing shrapnel against our trenches, hissing, cracking, and in volleys.

Hell still rages. The blacks get reinforcements. Finally the whites themselves charge, a jerky, rolling, bluishgreen mass! In a powerful drive they get over the first rise in the ground. Now they have disappeared. Now they bob up, as out of a trap door. Here and there the ranks shoot forward in great leaps, the officers ahead of all, with their swords swinging high in the air, just as in the pictures! A splendid sight. Now they reach the bodies of the blacks. They halt for a few seconds, as if in horror, then on they roll over the dead, jumping, wallowing, dozens falling.

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We still stand firmly in the breach. Our nerves are strained to the snapping point, gasping, bleeding, feverish! We dare not waver. Steady, men! Steady!" We must calmly let them come as far as the wire entanglements, as the blacks did. The blacks? Where are they? Dis appeared! Only they left their dead behind. The same thing will happen to the whites. We are waiting for them. The death-spewing machine guns are lying over there. They lie there and wait until their time comes. Steady, steady! They lie there and wait impatiently-but yet they are silent- Now!-No-I am raving! "Rapid fire!"-I hiss-My neighbor staggers-I only listen and wait, wait and listen, for only one thing. Something that has to come, must finally come, has to come! Great God, otherwise we are lost! Be calm, be calm! Now they will begin reaping! Now they must begin to rattle, our machine guns, our faithful rescuers-now-at once! What can they be waiting for? Why, they are there in the wires already. Hell and Satan! No man can endure that! They are hesitating too long-the enemy is almost in the trenches! Ah! At last! A rattling a hoarse crackling - Heaven help us, what is that?

A devilish howling rises hoarsely from over there, lacerating, bestial, shrieking! The blacks, the devils! How did they reach our flank over there? That's where our machine guns are. It cannot be. There! Hell! They are carrying hand grenades, are in their rear! Heaven help

us! And the whites! They are at our breastworks. Already they are in the

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