[In the World War by Count Ottokar Czernin]@TWC D-Link bookIn the World War CHAPTER XII 12/122
The declarations made by the Central Powers on the last day of January of this year are only apparently directed against the rights of neutrals; as a matter of fact, they are working toward the restitution of those rights which the enemy has constantly infringed and would, if victorious, annihilate for ever.
The submarines, then, which circle round England's shores, announce to all peoples using and needing the sea--and who does not need it ?--that the day is not far off when the flags of all nations shall wave over the seas in newly acquired freedom. It may doubtless be hoped that this announcement will find echo wherever neutral peoples live, and that it will be understood in particular by the great people of the United States of America, whose most famous representative has in the course of the war spoken up with ardent words for the freedom of the seas as the highway of all nations.
If the people and the government of the Union will bear in mind that the "blockade" established by Great Britain is intended not only to force the Central Powers to submission by starvation but ultimately to secure undisputed mastery of the sea for itself, and thereby ensure its supremacy over all other nations, while on the other hand the blockading of England and its Allies only serves to render possible _a peace with honour_ for these Powers and to guarantee to all peoples the freedom of navigation and maritime trade, thus ensuring their safe existence, then the question as to which of the two belligerent parties has right on its side is already decided. Though the Central Powers are far from wishing to seek for further allies in their struggle, they nevertheless feel justified in claiming that neutrals should appreciate their endeavours to bring to life again the principles of international law and the equal rights of nations. Proceeding now to answer the questions set forth in the memorandum of February 18 of this year, already referred to, the Austrian Government would first of all remark that in the exchange of Notes in the cases of the _Ancona_ and _Persia_ this Government restricted itself to consideration of the concrete questions which had up to then arisen, without setting forth the legal position in point of principle.
In the Note of December 29, 1915, however, regarding the _Ancona_ case it reserved the right to bring up the intricate questions of international law connected with the submarine warfare for discussion at a later date.
In reverting now to this point, and taking up the question as to sinking of enemy ships, with which the memorandum is concerned, for brief consideration, it is with the hope that it may be made clear to the American Government that the Austrian Government now as heretofore _holds immovably by the assurance already given_, and with the endeavour to avoid any misunderstanding between the Monarchy and the American Union by clearing up the most important question arising out of the submarine warfare--most important as it rests on the dictates of humanity. First and foremost the Austrian Government wishes to point out that the thesis advanced by the American Government and adopted in many learned works--to the effect that enemy merchant vessels, save in the event of attempted flight or resistance, should not be destroyed without provision for the safety of those on board--is also, in the opinion of the Austrian Government itself, the kernel, so to speak, of the whole matter.
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