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By Count von Bernstorff, German Ambassador at Washington

Count von Bernstorff, the German Ambassador, made public on April 11, 1915, a memorandum addressed to the United States Government on April 4, complaining of its attitude toward the shipment of war munitions to the Allies and the non-shipment of foodstuffs to Germany. After picturing the foreign policy of the United States Government as one of futility, Count von Bernstorff's memorandum says it must be "assumed that the United States Government has accepted England's violations of international law." Its full text appears below, followed by that of the American State Department's reply.

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HE different British Orders in Council have altered the universally recognized rules of international law in such a one-sided manner that they arbitrarily suppress the trade of neutral countries with Germany. Already, prior to the last Order in Council, the shipment of conditional contraband, especially foodstuffs, to Germany, was practically impossible. fact, prior to the protest which the American Government made in London on Dec. 28, 1914, not a single shipment of such goods for Germany has been effected from the United States.

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Also, after the lodging of the protest, and as far as is known to the German Embassy, only one such shipment has been attempted by an American skipper. Ship and cargo were immediately seized by the British, and are still detained at a British port. As a pretext for this unwarranted action the British Government referred to a decree of the German Federal Council concerning the wheat trade, although this decree only covered wheat and flour and no other foodstuffs, although imported foodstuffs were especially exempt from this decree, and althought the German Government had given all necessary guarantees to the United States Government, and had even proposed a special organization in order to secure these foodstuffs for the exclusive consumption of the civilian population.

The seizure of an American ship under these circumstances was in contradiction with the recognized principles of international law. Nevertheless the United States Government has not yet

obtained the release of the ship, nor has it after eight months of war succeeded in safeguarding the legitimate American trade with Germany. Such a delay, especially when the supply of foodstuffs is concerned, seems equivalent to complete failure. It is therefore to be assumed that the United States Government has accepted England's violations of international law.

Furthermore has to be considered the attitude of the Government of the United States concerning the question of the exportation of war material. The Imperial Embassy hopes to agree with the Government of the United States in assuming that, with regard to the question. of neutrality, there is not only the formal side to be considered, but also the spirit in which neutrality is enforced.

Conditions in the present war are different from those in any former wars. For this reason it is not justified to point at the fact that perhaps in former wars Germany furnished belligerents with war material, because in those former cases the question was not whether any war material was to be furnished to the belligerents, but merely which one of the competing countries would furnish it. In the present war, with the exception of the United States, all the countries capable of a noteworthy production of war material are either at war themselves or completing their armaments, and have accordingly prohibited the exportation of war material. Therefore the United States of America is the only country in a position to export war material. This fact ought to give a new meaning to the

idea of neutrality, independent of the formal law.

Instead of that, and in contradiction with the real spirit of neutrality, an enormous new industry of war materials of every kind is being built up in the United States, inasmuch as not only the existing plants are kept busy and enlarged, but also new ones are continually founded.

The international agreements for the protection of the right of neutrals originate in the necessity of protecting the existing industries of the neutral countries. They were never intended to encourage the creation of entirely new industries in neutral States, as, for instance, the new war industry in the United States, which supplies only one party of the belligerents.

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means to stop the exclusive exportation of arms to one side, or at least to use this export trade as a means to uphold the legitimate trade with Germany, especially the trade in foodstuffs. This spirit of neutrality should appear the more justified to the United States as it has been maintained toward Mexico.

According to the declaration of a Congressman, made in the House Committee for Foreign Relations Dec. 30, 1914, President Wilson is quoted as having said on Feb. 4, 1914, when the embargo on arms for Mexico was lifted:

"We should stand for genuine neutrality, considering the surrounding facts of the case." He then held in that case, because Carranza had no ports, while Huerta had them and was able to import these materials, that "it was our duty as a nation to treat them (Carranza and Huerta) upon an equality if we wished to observe the true spirit of neutrality as compared with a mere paper neutrality."

This conception of "the true spirit of neutrality," if applied to the present case, would lead to an embargo on arms.

The American Reply

The following note, which contains a vigorous rebuke to the German Ambassador for the freedom of his remarks on the course taken by the United States toward the belligerent powers, was made public at Washington on April 21, 1915. It was then reported that the note was finally drafted by President Wilson himself and written by him on his own typewriter at the White House, although it is signed by Mr. Bryan as Secretary of State:

I have given thoughtful consideration to your Excellency's note of the 4th of April, 1915, inclosing a memorandum of the same date, in which your Excellency discusses the action of this Government with regard to trade between the United States and Germany, and the attitude of this Government with regard to the exportation of arms from the United States to the nations now at war with Germany.

I must admit that I am somewhat at a loss how to interpret your Excellency's treatment of these matters. There are many circumstances connected with these important subjects to which I would have expected your Excellency to advert, but of which you make no mention, and there are other circumstances to which you do refer which I would have supposed to be hardly appropriate for discussion between the Government of the United States and the Government of Germany.

I shall take the liberty, therefore, of regarding your Excellency's references to the course, pursued by the Government of the United States, with regard to interferences with trade from this country such as the Government of Great Britain have attempted, as intended merely to illustrate more fully the situation to which you desire to call our at

tention, and not as an invitation to discuss that course.

Your Excellency's long experience in international affairs will have suggested to you that these relations of the two Governments with one another cannot wisely be made a subject of discussion with a third Government, which cannot be fully informed as to the facts, and which cannot be fully cognizant of the reasons for the course pursued.

I believe, however, that I am justified in assuming that what you desire to call forth is a frank statement of the position of this Government in regard to its obligations as a neutral power.

The general attitude and course of policy of this Government in the maintenance of its neutrality I am particularly anxious that your Excellency should see in their true light. I had hoped that this Government's position in these respects had been made abundantly clear, but I am, of course, perfectly willing to state it again.

This seems to me the more necessary and desirable because, I regret to say, the language, which your Excellency employs in your memorandum, is susceptible of being construed as impugning the good faith of the United States in the performance of its duties as a neutral.

I take it for granted that no such implication was intended, but it is so evident that your Excellency is laboring under certain false impressions that I cannot be too explicit in setting forth the facts as they are, when fully reviewed and comprehended.

In the first place, this Government has at no time and in no manner yielded any one of its rights as a neutral to any one of the present belligerents.

It has acknowledged, as a matter of course, the right of visit and search and the right to apply the rules of contraband of war to articles of commerce. It has, indeed, insisted upon the use of visit and search as an absolutely necessary safeguard against mistaking neutral vessels for vessels owned by any enemy and against mistaking legal cargoes for illegal. It has admitted also the right of blockade if actually exercised and effectively maintained.

These are merely the well-known limitations which war places upon neutral commerce on the high seas. But nothing beyond these has it conceded.

I call your Excellency's attention to this, notwithstanding it is already known to all the world as a consequence of the publication of our correspondence in regard to these matters with several of the belligerent nations, because I cannot assume that you have official cognizance of it.

In the second place, this Government attempted to secure from the German and British Governments mutual concessions with regard to the measures those Governments respectively adopted for the interruption of trade on the high seas. This it did, not of right, but merely as exercising the privileges of a sincere friend of both parties and as indicating its impartial good-will.

The attempt was unsuccessful, but I regret that your Excellency did not deem it worthy of mention in modification of the impressions you expressed. We had hoped that this act on our part had shown our spirit in these times of distressing war, as our diplomatic correspondence had shown our steadfast refusal to acknowledge the right of any belligerent to alter the accepted rules of war at sea in so far as they affect the rights and interests of neutrals.

In the third place, I note with sincere regret that in discussing the sale and exportation of arms by citizens of the United States to the enemies of Germany, your Excellency seems to be under the impression that it was within the choice of the Government of the United States, notwithstanding its professed neutrality and its diligent efforts to maintain it in other particulars, to inhibit this trade, and that its failure to do so manifested an unfair attitude toward Germany.

This Government holds, as I believe your Excellency is aware and as it is constrained to hold in view of the present indisputable doctrines of accepted international law, that any change in its own laws of neutrality during the progress of a war, which would affect

unequally the relations of the United States with the nations at war, would be an unjustifiable departure from the principle of strict neutrality, by which it has consistently sought to direct its actions, and I respectfully submit that none of the circumstances, urged in your Excellency's memorandum, alters the principle involved.

The placing of an embargo on the trade in arms at the present time would constitute such a change and be a direct violation of the neutrality of the United States. It will, I feel assured, be clear to your Excellency that holding this view and considering itself in honor bound by it, it is out of the question for this Government to consider such a course.

I hope that your Excellency will realize the spirit in which I am drafting this reply. The friendship between the peo

ple of the United States and the people of Germany is so warm and of such long standing, the ties which bind them to one another in amity are so many and so strong, that this Government feels under a special compulsion to speak with perfect frankness, when any occasion arises which seems likely to create any misunderstanding, however slight or temporary, between those who represent the Governments of the two countries.

It will be a matter of gratification to me if I have removed from your Excellency's mind any misapprehension you may have been under regarding either the policy or the spirit and purposes of the Government of the United States.

Its neutrality is founded upon the firm basis of conscience and good-will. Accept, Excellency, the renewed assurances of my highest consideration.

W. J. BRYAN.

Munitions From Neutrals

[Colloquy in the House of Commons, May 4, 1915.]

Sir E. Grey, in reply to Sir A. Markham, (L., Mansfield,) said: The United States Government have not at any time during the present war supplied any war material of any kind to his Majesty's Government, and I do not suppose that they have supplied any of the belligerents. It has always been a recognized legitimate practice, and wholly consistent with international law, for manufacturers in a neutral country to sell munitions of war to belligerents. They were supplied in this way from Germany to Russia during the Russo-Japanese war, and from Germany to Great Britain during the Boer war, and are no doubt being supplied in the same way from manufacturers in neutral countries to belligerents

now.

Mr. MacNeill (N., South Donegal)-Has not the rule always been, before The Hague Conferences at all, that subjects of neutral nations are allowed to supply munitions of war at their own risk?

Sir E. Grey-It is wholly consistent with international law that that practice should go forward, and if there be any question of departure from neutrality I think it will be, not in permitting that practice, but in interfering with it. [Cheers.]

By Charles W. Eliot

President Emeritus of Harvard University.

That the sinking of the Lusitania was an act which outraged not only the existing conventions of the civilized world but the moral feelings of present civilized society is the view put forth in his letter to THE NEW YORK TIMES, appearing May 15, 1915, by one of the most distinguished commentators on the war. Dr. Eliot counsels that Ainerica's part is to resist such a no-faith policy while keeping its neutral status.

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Cambridge, Mass., May 13, 1915. To the Editor of The New York Times: HE sinking of a great merchant vessel, carrying 2,500 noncombatant men, women, and children, without giving them any chance to save their lives, was in violation of long-standing conventions among civilized nations, concerning the conduct of naval warfare. The pre-existing conventions gave to a German vessel of war the right to destroy the Lusitania and her cargo, if it were impossible to carry her into port as a prize; but not to drown her passengers and crew. The pre-existing conventions or agreements were, however, entered into by the civilized nations when captures at sea were made by war vessels competent to take a prize into some port, or to take off the passengers and crew of the captured vessel.

The German Government now alleges that submarines are today the only vessels it can employ effectively for attack on British commerce in the declared war zone about the British Isles, since the rest of the German Navy cannot keep the seas in face of the superior British Navy. Germany further alleges that the present British blockade of German ports is conducted in a new way-that is, by vessels which patrol the German coast at a greater distance from the actual harbors than was formerly the international practice; and hence, that Germany is justified in conducting her attack on British commerce in a novel

way also. In short, Germany argues that her military necessities compel her to sink enemy commercial vessels without regard to the lives of passengers and

crews, in spite of the fact that she was party to international agreements that no such act should be committed.

The lesson which the sinking of the Lusitania teaches is, therefore, this: Germany thinks it right to disregard on grounds of military necessity existing international conventions with regard to naval warfare, precisely as she disregarded the agreed-upon neutrality of Belgium on the ground of military necessity. As in the case of Belgium she had decided many years beforehand to violate the international neutrality agreement, and had made all her plans for reaching Paris in a few weeks by passing through Belgium, so on the sea she had decided months ago that the necessity of interfering as much as possible with British commerce and industries warrants her total disregard of the existing rules of naval warfare, and has deliberately contrived the sinking of merchant vessels without regard to the lives of the people on board.

Again, when Germany thought it necessary on her quick march toward Paris not only to crush the Belgian Army but to terrify the noncombatant population of Belgium into complete submission by bombarding and burning cities, towns, and villages, by plundering and shooting noncombatants, by imposing heavy fines and ransoms, and by holding noncombatants as hostages for the peaceable behavior of all Belgian citizens, she disregarded all the conventions made by the civilized nations within seventy years for mitigating the horrors of war, and justified her action on the ground that it was a military necessity, since in no other way could she immediately se

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