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xplains Position in U-Boat Warfare, Claim? ing Its Action Right and Proper. Reply is Handed to American Ambassador at Vienna by Aus? trian Government and forwarded to United States Blame is Placed on Entente and Neutrals for Louses In? curred by Reason of Submarine Ravages. i London, March 6.?The Amerl< ambassador at Vienna has been hand? ed the rsply of tho Austrian govern? ment to the American noto inquiring a* to tho position of tho Austrian government In regard to unrestricted submarine warwar?, according to a Vienna dispatch to neuter's by way of Amsterdam. The reply ,declares that neutrals are responsible for losses they suffer by entering territory where war-like operations are -king place. The Austrian memorandum, rcfof rtng to the note on the Ancum case, says that it "strictly adheres to the assurance already given." At the same tlmo Austria calls at? tention to the fact that at the tlmo of the Ancona incident it stated that It "reserved the right to bring up later for discussion difficult interna? tional questions which are In con? nection with the submarine warfare." The text of the Austrian reply is quoted as follows in a later Vienna dispatch to Router's. "From the memorandum of Feb? ruary 18 of the American ambassador the Austro-Hungarian foreign minis? ter has concluded that the Washing? ton cabinet in view of statements made on Feb;-uary 10 of last year and on Jan. 31, 1917, by the Austro-Hun gaiian government is now in doubt regarding tho attitude which Austro Hungary will henceforth observe re? garding the submarine war and as to whether the assurances given by the vAuBtro-Hungarian government to tho Washington cabinet in the courso of negotiations about tho Ancona ami Persia papers h'.ve not been nulli? fied by the aforementioned statement. The Austro-Hungarian government is ready to make a clear and definite statement so that these doubts may be solved. "The Austro-Hungarian government may be allowed first of all to discuss briefly the methods employed by the entente powers In wa. ieg subma? rine war, and because they are the starting point for tho increased sub? marine war begun by Austrla-Hun " pary end her allies and also throw a bright light upon the attitude whl Austro-Hungarian government h taken hitherto in regard to tbequcs tlons which have arisen. When Oroat Britain joined the war against the central powers only a few ycara h...? elapsed since that memorable time When she, in union with other states, lagan to lay the foundation at The Hague for modern naval war law. Boon afterward, the British govern? ment had assembled in Holland rep resenttaives of tho great sea powers in order to consolidate* the furthor work of the Hague conference, es? pecially In the sense of a just ar? rangement between inten-sh I bellig? erents and neutruls. These effoit aimed at nothing less than tin* mutual establishment of principles of right which even in war times *h< uld em? body the principles of freedo u of the seen and the safeguarding of the in? terests of neutrals. ??Neutrals were not to ei.joy these benefits for long. Hardly had the Halted Kingdom decided to par? ticipate In the wax when, almost at once. It began to break down the bar rlers which the principles 01 interna? tional law had enacted. While the central powers, In the very bi ginning of the war, had declared that they would observe the Declaration of London, which also bore the signature of the British representative. Croat Britain tbrew ovorlsuird some of W< important provisions. In an endeuvn to cut off the central powers from supplies from overseas she onlai step by step, the Hei of contraband until nothing wus missing in the 1 1 of things which today men want 001 their subsistence. "Then Oreat Britain proclaimed What she called a blockade of tie coasts of the North | i. wh.ch I >nH also an Important commerce rout' for Austro-Hungarians, In on!- r i< prevent goods which were stilt ml In the list of contraband from elite Ing Germany and In order to prevent all sea traffic by SQOtrels to th<. i coasts f * well as all exports IhrOUgl neutrals. That this blockade was ll flagrant contradiction to the e<< ary principles of the rl^ht of block sde. am established by Internaelons agreements, was ggpaV Uly eV at uH d the preeidwnt of the United state* 8 America in WOrdl which Wil continue to live in tho history Of interna? tional law. MBjT tho illegal prevention of ex? ports from the central powers C, real Britain aimed at paralyzing the count? less factories ami works which the in? dustrial and highly developed people? of central Europe had created and, >y forcing workmen to be idle, to incite them to rebellion. "When Austria-Hungary's southern neighbor Joined tho enemies of the central powers hjaflrat act was to de? clare as blockaded all coasts of the enemy, following the course and ex? ample of his allies In ignoring all tho legal rights in the creation of which Italy had taken an active part a short time before. Austria-Hungary did not neglect to inform neutral powers at onoo that the blockade VII not legal. "Kor more than two years the cen? tral powers hesitated. Only then and after long and careful consideration of pros and cons did they begin to return like for like and attacked the enemy on the sea. As the only one; of tho belligerents who had done everything to secure the existing treaties which were to guarantee to ' neutrals tho freedom of the seas they lelt with pained hearts the law of the hour which commanded them to violate this freedom. Hut they took this step to fulfill the paramount dut ? toward their peoples and from tho conviction that it would help the principle of the freedom of the seas to bo victorious. "Tho proclamation which th< y ls? sued list January are apparently directed only against the ri*;hts of neutrals In reality they serve to? ward the restoration of these rights v which their enemies have Incessantly violated and which, if they were vic? tors, they would destroy forevt :\ Thus the submarines which art cruising around the English coast announce to peoples who need tho sea?and what people does not v 1 coasts??that the day ll not far < when tho flags of all states. In I glory of their newly won freedom, c n freely lly over the l "Wo cherish the hope that this an ? nouncement Will Und an echo evvry whero where neutral peoples live and that it will especially be understood by the great people of tho United Btates whose most illustrious repre? sentative has during tho war de? fended with flaming words the free? dom of tho seas as tho highway of all nations. "if the people and government of tho United States keep in mind that tho blockade proclaimed by Or BffftgJjg is not only meant to wear down tho central powers by starva? tion, but aims at sublocting th I to her :*ulo in order to establish in this manner her tyranny over all na? tions, while on the oth hand ihc blockade of England and lea- a Mies 1 only serves to make these pow< re in? cline towards peace with honor and a I guarantee; to all nation, of the free dom of sea tramc and sen c< mmerci and thereby a sccuivd eXl t< nee, then 1 tho sjueatlona of which of the two I parties has the right on Its side i already decided, Though the central I powers have no desire in this war to beg for allies they yet believe that they win be entitled to loo, \> neu I trals to appreciate their efTortl in the interest of ^all the principles Of the International law and equal rights of I nations. I "in replying now to the question I put In the American note of February I 11 the Austro-HungarUxn government I firstly remarks that in the c a b nge I of notes referring to the cases or Ancona and the Persia It t ctcd ?| itself to dt lining Its attitude to con I crete questions which Individually II arose without Inylng down Its funda I mental legal conception, I "Hut in its note of < ictol er 19, I 11 ? >I referring to the Ancons case, it re? >I served to Itself the right to bi rr; u flfor discussion at 1 lator date dlfflculi > I international questions which arl in connection with submarine w ? fare. If It now fofera to thisr< orva iltlon :tnti now briefly discusses the ? I questloQ of the sinl Ing of em my ^< ?I SSla to whh h that tede 11 1 is. It I ? I guided by the desire to show I II American government thai it nov as (Lheretofore sir lolly sdhares to the as f1suranees already given and endeavors by Clearing up that important qties tion arising from submarine warfare because it touched the laws of hu? manity t(? avoid misunderstanding between the monarchy and thoAmer lean union. "Above all the Austfo-Hungurian government desires to emphasise thai It is also Its opinion that ths the. I set up by tho American government, Wj iJh also is represented in various learned records, that enemy mer? chantmen, apart from cases of at? tempted Right ami resistance, must not be destroyed without precautions being taken for the safety of the per? sons aboard, forms, so to say, the kerne] of the whole subject, Regard? ed from a higher standpoint, thia the: is can, of course, be ranked in a further suggestive connection, and from that view its domain of ap] cation can he marked out more ex? actly. "From the laws of humanity which the Atistro-Hungarian government and the Washington cabinet tuk?. In the same manner as judging the line. the more general principle can he de lived that when executing the right of destroying enemy merchantmen the loss of human Ufa should us far a I pOSSlblo be avoided, To this principle the belligerent can only do justice by Issuing warning before exercising the fight. Therein lie can choose tin. way which the aforementioned thesis of the American government indie.ites, according to Which the commander of the war vessel himself gives warning so that the crew and passengers could bring themselves to safety in the last moment or the gov? ernment of belligerent state? can, if this is recognised as an Inevitable ne? cessity of war, Issue warning of full effect also before the departure of the Vessel Which Is to be sunk, or finally, it can, if it establishes exten? sive measures against enemy sea tie !e, employ a general warning for all enemy vessels in Question, "That the principle according to which care must be taken for the safety of the persons aboard under? goes exceptions the American gov? ernment Itself recognized. But t'.i Austro-Hungarian government be? lieves that destruction without warn? ing in admissible not only when a vessel Roes or offers resistance, it appears?to mention only one ex? ample?that the character of the ressel Itself also must be taken Into consideration. Merchantmen or other private vessels which carry a military garrison or arms aboard In order to commit hostile acts of any kind, may. looordtay to valid rights, be destroy? ed without hesitation, "The Austro-Hungarian govern tnent need not call attention to the Tact that the belligerent is releas :>f all consideration for human life if Iiis opponent sinks enemy merchant? men without previous warning as hap? pened with the vessels EUctra (CSer man), Dubrovlnk (Austrian), Zagreb I (Austrian), etc., w.hlch already has been repeatedly censured, and In this respect the Austro-Hungarian gov? ernment never returned like for like, notwithstanding its uncontosted right, in the course of the entire war Aus? tro-Hungarian war vessels have not sunk one enemy merchantman with? out previous, if only general, warn? ing. "The repeatedly mentioned thesis ol the United States g vernmentalso al? lows various Interpretations, In so far. namely, as it is doubtful whether :? la asserted from various aide \ only armed relstaneo justifies the destruc? tion of a vessel with persons on I oanl or resistance of another kind; as Is shown if tho crew Intentionally neg? lects to take the passengers Into boat" ?the Ancona case?or If the passen? gers tl msclves refuse to enter boats. Acer ,tg to the opinion of tho Aus tro-Hungurlan government, the de? struction of a warned vessel without rescuing persons aboard is odmi '? 111>?e In case of the latter kind, because otherwise it would be left to the In? dividual passenger *o nullify ths right of belligerents U jink vessels. "Moreover it may be pointed out also that there is no unanimity as regards In what cases the Blnklng of th<? neutral merchantmen at all lsad mtsslble. The obligation to Issue ;i warning Immediately before stnkiu vessels leads, according io the opinion of the Austro-Hungarian government on the one hand to Iiarshm is whl could bo avoided; on the utherhandli is under circumstances calculated K injure the just Interests oi belligerents, in the im t place it mui' not be ov< looked tho I the rc < ue of I he I ? ? '? is almost always !< i; t ? men < li ince, as the only choice remaining Is t?> take thorn aboard war vessels which are exposed to any enemy Influence, or to expose them In Bmall boats to the doings of the eh m< lit ; <> that it there f?o--> corresponds much better lo tin principle of humanity io p:?v. nt p' r sons by timely warning from usln endani en d vessels, ??Put thermore, not wlthstandln careful examination of all legal uue - Hons referred thereto, the Aust.o Uui (;arlan government could nol come to the conviction thai subjects of neu? tral B tat es are entitled to travel un? molested op enemy vowels, "The principle that neutrals :.i war time also/should enjoy the advan? tages of freedom of the seas refers only to neutral vessels, not to neutral persom on board enemy vessels, be? cause talligerents, as is well known, I arc entitled to preventt he enemy's sea traffic as far as they arc able. Be ; Ing in possession of the necessary war moans and considering it neces sai*y for tho attainment of their war aim thoy can prohibit sea traffic of cn? my merchantmen on pain of de? struction, provided thoy have pre? viously announced this to be their In? tention, bo that every one, whether enemy or neutral, may bo enabled to avoid endangering life, liven if doubts should a.iiso regarding the Justlflable ness of fetich procedure and if the enemy should threaten n prlsals then this wou'd 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 enter? prises ana to decide for themselves what measures should bo taken against enemy .sea traffic, "In such cases neutrals have no other legitimate Interest and there? fore no other legal claim, than that tho belligerent inform them in time of prohibitions directed to the enemy, thai they can avoid entrusting their lives and their goods to enemy ves? sels. "The Austro-Hungs rlan government can suppose that tho Washington cabinet will agree with these expla? nations, Which, according to the Austro-Hungarlan government's firm conviction, are unassailable: as other? wise disputing their correctness would doubtless bo tantamount to saying? Which certainly docs not correspond to the opinion of tho United States -?that neutrals must bo free to In? terfere with military operations o belligerents or even directly ossumi the office of judging as to the wa moans which are to bo employed against enemies. "It appears that it also would bo a flagrant misunderstanding if a neu? tral government, only to enable Its subjects to travel on enemy vessels while thoy as readily and eyen with far greater security, could use neu? tral vessels, should fall to arms with a belligerent power which perhap was fighting for Its existence, not to ipeak of the most serious abuses for which t the road would bo left clear If tho belligerent were to bo forced to lower arms before ever," neutral who desired to use enemy vessels for his business or pleasure trips. Never was thcro tho slightest doubt thai neutral subjects themselves have to bear all the loss which ihey suffer by entering on land territory when warlike operations are taking place. There obviously Is no reason to allow llfff< r< nt principles for war <m s< a. tho more so as at the s cond peac conference tho wish was e pre.se! that until the lime when war on sea should have found a settlement by agreements, ths law In force for war on land should be employed, as far as this was possible, also for war ou sea. "in the spirit of what was previous? ly said, the. regulation that warning must bo given to a ship which Is to be sunk undergoes exceptions of va? rious h'nds under certain circum? stances; as for instance, as mention? ed by the American govert nent In eases of flight and resistance, when vessels may be destroyed without warning; while in other cases warn? ing before the departure of a vessel is necessary. The Austro-Hungarian government can therefore state what attitude soever the Washington cabi? net may take in regard to Individuo Questions raised h< re, that it, as espi cially regards protection of neutral: against endangering their llv< . e j sentlally i;? accord with the Amcr-| lean government. But it was notonlyj satisfied to put Into effect In the course of this war the conception rep? resented by her, but beyond that also accommodated Its attitiub with painful care to the thesis set i p by the Washington cabinet, and would i el Inclined to support it In Its en leavor to secure American citizen: against dangers at sea, which endeav >r it supports by the warmest philan? thropy ami by Instructing and warn? ing those entrusted with it. "As regards circular note 10602 o last year regarding the treatment of armed enemy merchantmen, the Am trn-'.lung: rlan gqpornnient, if la true h; ? lo state tluit as already mention? ed previously, i'? rs of th< opl >n t.. the arming of m< r< h intiuon, i \? solely !<M- d.< <'< esc again t the < Kt reis* of the right of capture, i not e&tab ii: Ik d by m? I? m Intei nationn i la w A war \rssel i"- obliged to come Into j contact with enemy merchantmen In j n peaceful manner, li has to wuy? j lay fbc vessel l>.v certain Blgnals, to enter Into communication with the captain, to examine the ship's paper draw up a protocol, and If necessar> take an Inventory, etc, Fulfillment of those duties presuppo es natui iVy that the war vessel has full certainty that lite merchantman, on it par! also will act peacefully. Without doubt SUCh certainty docs not exist If tho merchantman possesses arma? ment which is sufficient to ?ght t'.u war vessel. It can hardly he expect cd to discharge its duties under the muzzle of guns, whatever their i?ut I pose may be; without mentioning tb< fact that merchantmen of the en? tente powers, despite all assurances to the contrary, are?as has beon proved?provided with arms for an aggressive purpose and also use them for this purpose. , "It Would also he a misinterpsela tion of the duties of humanity to de? mand that crews of war vessels ex? pose themselves without defence to arms of the enemy. No state could value its duties of humanity toward the legal d fenders of the fatherland l< a than its duties towards subjects of foreign powers. The Austro-Hun garlan government therefore couni have stated from convict .11 that lb promise made to the Washington cabinet did not extend, from the very beginning, to armed merchantmen. cause they, according to the valid principle and right which restrict hos? tilities to organized forces, are to be regarded as pirate vessels which may be destroyed." "As history shows it was never permitted under general Interna? tional law that merchantmen oppose the exercise of the right of capture by war vessels. Even u a regulation of such kind could be found, thU would not prove that vessels should be allowed to arm themselves. It n ist also be taken into considera? tion that the arming of merchantmen word'! completely transform warfare on the sea. and that such a trans? formation can not correspond with tho intentions of those who endo:'.ot? to bring to bear the principles of hu? manity in warfare on sea. in fact, since the abolition of privateering no government until a few years ago hat thought in the least of arming mer? chantmen. At the second peace con? ference, which was occupied with all questions of naval war law, the arm? ing of merchantmen was mentioned only once. This utterance, however is significant because it was made by high naval officers, who freely de? clared: 'When a warship proposes +o ?on and visit a merchant ship the commander before launching a Bmall beat Will cause a cannon shot to be fired. A cannon shot is the best guar? antee that can be given. Merchant ship have no cannon on board.* "Not ? > ith standing that, Austria Hungary adhered to her promise! also as regards this question. In the mentioned circular note neutrals were warned in time against entrust? ing their persons and property to armed vessels. The issued measure was hot put in force at once, but a period of grace Was given in order to enable neutrals to leave armed VCS rla which they already had boarded. Pinully Austro-Hungarian war ves? sels themselves have been Instructed, \< ;i in the case of encountering .?.?.said enemy mcrcl men, if In view of the Circumstances it i poi ble, to Issue a warning and take care of the rescue of passengers. "Tho statement of the American' ?mbassy that the armed British steamers Secundo, Lrno and Welsh Prince were torpedoed by Austro Hungarian Bubmarines without warn? ing is erroneous. (The Cecundo and Uno are listed in marine registers OS Norwegian vessels.) The Austro Hungarian government meanwhile received information that no Austro Hungarian war versels look part in the sinking of these steamers. "In the same manner as in the re? peatedly mentioned circular note, the Austro-Hungarian gove rnment?a n d therewith it come back to the ques? tion of intensified submarine warfare ?as mentioned at the beginning of this aide memoire and also in its dec? laration of January 31 of tho current ir Issued a warning to all neutrals by fixing a certain l1 riod. Moreover, the whole declaration represents In essence nothing else bui a warning, namely, that no mci diantmen will be allowed to e ve:- the BCfl areas exactly described In the declaration, "Moreover Austro-Hungarian war vessels are instructed if possible to warn merchantmen encountered In theso are's and to bring Into safety the crews and passengers, The Aus? tro-Hungarian government also pos? sesses numerous reports that crews and pascngers of vessels which have] been detroyed In those areas have! been brought Into safety. Tor the eventual looses of human life which nevertheless should occur in tho de? struction of armed vessels or such en? countered in the barred none, the Aus? tro-Hungarian government can take no rt sponsibiltty. "Moreover, it can be pointed out that. Austro-Hungi rlt u submarines solely are operating in the Adriatic and Mediterranean and therefore n encroachment on American Interest! is hardly to be feared from Austro-I i i inga r . n wo > ve els. "In view of everything mentioned In the beginning of thi*< aide memoire I here need hardly be an assurance thai ihc barricading of sea areas de? scribed in the declaration does not aim at destruction of human life or even] i; endangering. But apart from the higher ahn of sparing further suffer ing to mankind i.y shortening the war ana solely to piece Great Britain and r allies, who without an effective blockade over the ceaati of the cen? tral 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 pllab] towards a peace which bears (g itself a guarantee and is durable. "That Austria-Hungary uses differ* cut means Is especially caused by cir CUmsl over Which mankind has no pow< r. The Austro-Hungarian government Is convinced that it has done everything In its power to avoid man losses; it would attain this aim, which is intended by the cen tral powers, most quickly and most <?? rtalnly If in those sea areas no sin? gle human Ufa were lost and no single life were endangered, "Summarizing, the Austro-Hunga rlan government can state tho.t the as* surance riv en to the Washington cab Inet In the Ancona case and which lias been renewed in the Persia case, had neither been abolished nor re rictcd y its declaration of Feb? ruary 10, 11*10, and January 31. 1917. Within this assurance it will also in the 1' iture, united with its allies, do everythl so that the peoples on earth will soon participate in the bl sings of peace. "If in the prosecution of this aim, wl ich is as well known, finds full hy in the Washington cabinet, it sees itself obliged to prevent neu tral sea traffic in certain ?ea areas ii ji; Lificatlon of this measure, it will point not so much at the atti? tude of the enemy, Which it consid* ers not at all worthy of imitation, but ?t will point that Austria-Hungary by reason of the insistency and malig? nity of her enemies who intend her destruction has been placed in a of self-defense than which his tory knows no more typical example. ' a the Austro-Hungarian govern ment finds inspiration in tie con s< lousness that the light which Aus tria-Hungary is waging serves not only for maintenance of its vital in tccrsts but also for a realization of the equal rights of all sttaes, it lays he greatest stress in this last and m I B< vere period of the war, which, It deeply deplores demands sacri ? also from friends, on the con? tinuation by word and deed that the i rinclple of humanity guides it in the same manner as the law of respect of the interests of neutral peoples." M'SWEKX GAINS CITIZENSHIP. Florence, March 6.?In the United States court in session here today John Mc?ween, the well known mer chant of Tlmmonsvllle, was granted naturallatlon papers. Mr. McSwoen thought he had become an American eitlen a number of years ago when ?plied for naturalisation papers ut he has recently discovered that is i ; >rs were not completed at that and be did not become a citizen of the United States until today. \ McSween was born in Scotland but has lived in the United States for ? <? years. He has long been prominent in many lines of endeavor in South Carolina, lie was a member of the winding up commission of the State dispensary in 1007 M. J. Haws and O. J. Hawa of Flor? ence wee also granted naturalization papers today. I EFEXSE AGATXsT SUBMARINES. New York. March 7.?Cunard liner Carmanla, which arrived today from Liverpool, carried a smoke screen apparatus recently invented by the British admiralty as a defense against submarines. By the pressure of an electric button tho vessel dl3 charges through S ventilator on > side i d nse cloud of chemical si toke. The Carmanla also carried a sis-inch deck gun. SEBMAKINES MAKE REPORT. Berlin, March 7.?Tho Overseas News Agency Bays that German sub? marines returning to their bases be tw< n March Ist und 3rd report the sinking of vessels With aa aggregate tonnage of two hundred thousand tons. ro EXCOCRAGE GUARDSMEN'. Washington, March 7.?In order to outrage small towns to maintain National Guard unibs, the war de tment has authorised the cstab liment of detached platoons with minimum strength of thirty-four n. The platoons wlU form com ? inies with platoons from neighbor . I iwns. it also directed the des I on of live or six thousand en U i men of the regular anuy as c? mpany officers, if a large army must be raised. rmcd cruiser Ryurk struck a mine in the Gulf of Finland and was bad* |y d magi d. according to Stockholm torts of the Overseas News Agency. Despite Russian censorship, it was rned that toe warship was docked i t Cronstadt after the accident, The llyurk was a vessel of lh'tccn thou? sand, one hundred and ninety tons.