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conditional contraband; the seizure of noncontraband German goods on neutral vessels, and the declaration that the North Sea should be an area of war,

"thereby rendering difficult and extremely dangerous, if not impossible, all navigation on the high seas between Scotland and Norway, so that they have in a way established a blockade of neutral coasts and ports, which is contrary to the elementary principles of generally accepted international law. Clearly all these measures are part of a plan to strike not only the German military operations, but also the economic system of Germany, and in the end to deliver the whole German people to reduction by famine, by intercepting legitimate neutral commerce by methods contrary to international law."

Complaint was made that the powers not at war had acquiesced in the measures taken by Great Britain, and looked with indulgence on these violations of neutrality; that neutrals were satisfied with theoretical protests.

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"The time has come, the memorandum continued, "for Germany also to invoke such vital interests. It therefore finds itself under the necessity, to its regret, of taking military measures against England

in retaliation of the practice followed by England. Just as England declared the whole North Sea between Scotland and Norway to be comprised within the seat of war, so does Germany now declare the waters surrounding Great Britain and Ireland, including the whole English Channel, to be comprised within the seat of war, and will prevent by all the military means at its disposal all navigation by the enemy in those waters. To this end it will endeavor to destroy, after February 18 next, any merchant vessels of the enemy which present themselves at the seat of war above indicated, although it may not always be possible to avert the dangers which may menace persons and merchandise. Neutral powers are accordingly forewarned not to continue to intrust their crews, passengers, or merchandise to such vessels. Their attention is furthermore called to the fact that it is of urgency to recommend to their own vessels to steer clear of these waters. It is true that the German Navy has received instructions to abstain from all violence against neutral vessels recognizable as such; but in view of the hazards of war, and of the misuse of the neutral flag ordered by the British Government, it will not always be possible to prevent a neutral vessel from becoming the victim of an attack intended to be directed against a vessel of the enemy.

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"The German Government announces this measure at a time permitting enemy and neutral ships to make

the necessary arrangements to reach the ports situated at the seat of war. They hope that the neutral powers will accord consideration to the vital interests of Germany equally with those of England, and will on their part assist in keeping their subjects and their goods far from the seat of war; the more so since they likewise have a great interest in seeing the termination at an early date of the war now ravaging."

Against this announcement the United States, with other neutrals, protested very vigorously and there was sent to Germany the celebrated "strict accountability" note of February 10, 1915. The Government of the United States called attention to the serious possibilities of the course contemplated, and requested "the Imperial German Government to consider, before action is taken, the critical situation in respect of the relations between this country and Germany which might arise were the German naval forces, in carrying out the policy foreshadowed in the Admiralty's proclamation, to destroy any merchant vessel of the United States or cause the death of American citizens."

The sole right of a belligerent dealing with neutral vessels on the high seas, Germany was

reminded, is limited to visit and search, unless a blockade is proclaimed and made effective-a measure which the German proclamation did not propose-and

"To declare or exercise a right to attack and destroy any vessel entering a prescribed area of the high seas without first certainly determining its belligerent nationality and the contraband character of its cargo would be an act so unprecedented in naval warfare that this Government is reluctant to believe that the Imperial Government of Germany in this case contemplates it as possible. The suspicion that enemy ships are using neutral flags improperly can create no just presumption that all ships traversing a prescribed area are subject to the same suspicion. It is to determine exactly such questions that this Government understands the right of visit and search to have been recognized.'

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Germany was told, further, that the Government of the United States could not be accused of acquiescence in the measures taken by Great Britain to restrain neutral trade; that, on the contrary, it had insisted upon the observance of the recognized principles of international law and was free to hold the Allied Governments responsible for damage to American shipping;

and that it could take, with a clear conscience, the position indicated in this reply to the German proclamation. Therefore a solemn, and apparently definite and final warning was conveyed to Germany in strong words which have been much quoted:

"If the commanders of German vessels of war should act upon the presumption that the flag of the United States was not being used in good faith and should destroy on the high seas an American vessel or the lives of American citizens, it would be difficult for the Government of the United States to view the act in any other light than as an indefensible violation of neutral rights which it would be very hard indeed to reconcile with the friendly relations now so happily subsisting between the two Governments.

"If such a deplorable situation should arise, the Imperial German Government can readily appreciate that the Government of the United States would be constrained to hold the Imperial German Government to a strict accountability for such acts of their naval authorities and to take any steps it might be necessary to take to safeguard American lives and property and to secure to American citizens the full enjoyment of their acknowledged rights on the high

seas.

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