embraced within the seat of war, and of destroying all merchant ships owned by its enemies that might be found within that zone of danger, and warned all vessels, neutral as well as belligerent, to keep out of the waters thus proscribed or to enter them at their peril, the Government of the United States earnestly protested.

It took the position that such a policy could not be pursued without constant gross and palpable violations of the accepted law of nations, particularly if submarine craft were to be employed as its instruments, inasmuch as the rules prescribed by that law, rules founded on the principles of humanity and established for the protection of the lives of non-combatants at sea, could not in the nature of the case be observed by such vessels.

It based its protest on the ground that persons of neutral nationality and vessels of neutral ownership would be exposed to extreme and intolerable risks; and that no right to close any part of the high seas could lawfully be asserted by the Imperial German Government in the circumstances then existing.

The law of nations in these matters, upon which the Government of the United States based that protest, is not of recent origin or founded upon merely arbitrary principles set up by convention.

It is based, on the contrary, upon manifest principles of humanity and has long been established with the approval and by the express assent of all civilized nations.

The Imperial Government, notwithstanding, persisted in carrying out the policy announced, expressing the hope that the dangers involved at any date to neutral vessels would be reduced to a minimum by the instructions which it had issued to the commanders of its submarines, and assuring the Government of the United States that it would take every possible precaution, both to respect the rights of neutrals and to safeguard the lives of non-combatants.

In pursuance of this policy of submarine warfare against the commerce of its adversaries, thus announced and thus entered upon in despite of the solemn protest of the Government of the United States, the commanders of the Imperial Government's undersea vessels have carried on practices of such ruthless destruction which have made it more and more evident as the months have gone by that the Imperial Government has found it impracticable to put any such restraint upon them as it had hoped and promised to put.

Again and again the Imperial Government has given its solemn assurances to the Government of the United States that at least passenger ships would not be thus dealt with, and yet it has repeatedly permitted its undersea commanders to disregard those assurances with entire impunity.

As recently as February last it gave notice that it would regard all armed merchantmen owned by its enemies as part of the armed naval forces of its adversaries and deal with them as with men-of-war, thus, at least by implication, pledging itself to give warning to vessels which were not armed and to accord security of life to their passengers and crews; but even this limitation their submarine commanders have recklessly ignored.

Vessels of neutral ownership, even vessels of neutral ownership bound from neutral port to neutral port, have been destroyed along with vessels of belligerent ownership in constantly increasing numbers.

Sometimes the merchantmen attacked have been warned and summoned to surrender before being fired on or torpedoed; sometimes their passengers and crews have been vouchsafed the poor security of being allowed to take to the ship's boats before the ship was sent to the bottom. But again and again no warning has been given, no escape even to the ship's boats allowed to those on board.

Great liners like the Lusitania and Arabic and mere passenger boats like the Sussex have been attacked without a moment's warning, often before they have even become aware that they were in the presence of an armed ship of the enemy, and the lives of non-combatants, passengers and crew have been destroyed wholesale and in a manner which the Government of the United States can not but regard as wanton and without the slightest color of justification.

No limit of any kind has, in fact, been set to their indiscriminate pursuit and destruction of merchantmen of all kinds and nationalities within the waters which the Imperial Government has chosen to designate as lying within the seat of war. The roll of Americans who have lost their lives upon ships thus attacked and destroyed has grown month by month until the ominous toll has mounted into the hundreds.

The Government of the United States has been very patient. At every stage of this distressing experience of tragedy after tragedy it has sought to be gov

erned by the most thoughtful consideration of the extraordinary circumstances of an unprecedented war and to be guided by sentiments of very genuine friendship for the people and Government of Germany.

It has accepted the successive explanations and assurances of the Imperial Government as, of course, given in entire sincerity and good faith, and has hoped, even against hope, that it would prove to be possible for the Imperial Government so to order and control the acts of its naval commanders as to square its policy with the recognized principles of humanity as embodied in the law of nations.

It has made every allowance for unprecedented conditions, and has been willing to wait until the facts became unmistakable and were susceptible of only one interpretation.

It now owes it to a just regard for its own rights to say to the Imperial Government that that time has come.

It has become painfully evident to it that the position which it took at the very outset is inevitable, namely, 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, utterly incompatible with the principles of humanity, the long-established and incontrovertible rights of neutrals and the sacred immunities of non-combatants.

If it is still the purpose of the Imperial Government to prosecute relentless and indiscriminate warfare against vessels of commerce by the use of submarines without regard to 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.

Unless the Imperial Government should now immediately declare and effect an abandonment of its present methods of submarine warfare against passenger and freight-carrying vessels, the Government of the United States can have no choice but to sever diplomatic relations with the German Empire altogether.

This action the Government of the United States contemplates with the greatest reluctance but feels constrained to take in behalf of humanity and the rights of neutral nations.

GERMANY'S REPLY TO PRESIDENT WILSON'S NOTE ON THE SINKING OF THE SUSSEX

BERLIN, May 5, 1916 (by Wireless to Sayville, L. I.) 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 far-reaching 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 Feb. 8, 1916.

The German Government cannot 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 resorting 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 cannot 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 co-operated in developing international law in conformity with these principles, the ultimate object of which has always been 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 cannot 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 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 considerable 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 cannot, 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 one hundred 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 twenty-one 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 cannot 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 co-operation toward restoration of the freedom of the seas during the war, as suggested in the note of July 23, 1915, and it does not doubt that the Government of the United States will now demand and insist that the British Government shall forthwith observe the rules of international law universally recognized before the war, as are laid down in the notes presented by the Government of the United States to the British Government Dec. 28, 1914, and Nov. 5, 1915.

Should steps taken by the Government of the United States not attain the object it desires, to have the laws of humanity followed by all belligerent nations, the German Government would then be facing a new situation in which it must reserve to itself complete liberty of decision.

The undersigned avails himself of this opportunity to renew to the American Ambassador assurances of highest consideration.

VON JAGOW.

NATIONAL GUARD ORDERED TO MEXICAN BORDER

WASHINGTON, June 18, 1916.

Text of the telegram sent by Secretary of War Baker to governors of states calling out the militia:

Having in view the possibility of further aggression upon the territory of the United States from Mexico and the necessity for the proper protection of that frontier, the President has thought proper to exercise the authority vested in him by the Constitution and laws to call out the organized militia and National Guard necessary for that purpose.

I am, in consequence, instructed by the President to call into the service of the United States forthwith through you the following units of the organized militia and the National Guard of the State of which the President directs shall be assembled at the State mobilization point (or at the place to be designated to you by the commanding general, department) for muster into the service of the United States (here is inserted the allotment from each State). Organizations to be accepted into the Federal service should have the minimum peace strength now prescribed for organized militia. The maximum strength at which organizations will be accepted, and to which they should be raised as soon as possible, is prescribed in Section 2, Tables of Organizations, United States Army.

In case any regular battalion or squadron now recognized as such contains an insufficient number of organizations to enable it to conform at muster to regular army organization tables, the organization necessary to complete such units may be moved to mobilization camp and there inspected under orders of the department commander to determine fitness for recognition as organized militia by the War Department.

Circular 19, Division of Military Affairs, 1914, prescribes the organizations desired from each State as part of the local tactical division, and only these organizations will be accepted into service.

It is requested that all officers of Adjutant General's department, Quartermaster's Corps and Medical Corps, duly recognized as pertaining to State Headquarters, under Table 1, Tables of Organizations, Organized Militia, and not elsewhere required for duty in State administrations, be ordered to camp for duty as camp staff officers.

Such numbers of these staff officers as the department commanders may determine may be mustered into the service of the United States for the purpose of proper camp administration and will be mustered out when their services are no longer required.

Where recognized brigades or divisions are called into service from a State, the staff officers pertaining to these units under Tables of Organizations, United States Army, will be mustered into service and also the authorized inspectors of small arms practise pertaining thereto.

Except for these two purposes of mobilization camp service and of the prescribed staff practice service with tactical units, officers of State Headquarters, under Table 1. above mentioned, will not be mustered into service at this time.