"The Government of the United States has been apprised that the Imperial German Government considered themselves to be obliged, by the extraordinary circumstances of the present war and the measures adopted by their adversaries in seeking to cut Germany off from all commerce, to adopt methods of retaliation which go much beyond the ordinary methods of warfare at sea, in the proclamation of a war zone from which they have warned neutral ships to keep away. This Government has already taken occasion to inform the Imperial German Government that it cannot admit the adoption of such measures or such a warning of danger to operate as in any degree an abbreviation of the rights of American shipmasters or of American citizens bound on lawful errands as passengers on merchant ships of belligerent neutrality; and that it must hold the Imperial German Government to a strict accountability for any infringement of those rights, intentional or incidental. It does not understand the Imperial German Government to question those rights. It assumes, on the contrary, that the Imperial German Government accept, as of course, the rule that the lives of non-combatants, whether they be of neutral citizenship or citizens of one of the nations at war, cannot lawfully or rightfully be put in jeopardy by the capture or destruction of an unarmed merchantman, and recognize also, as all other nations do, the obligation to take the usual precaution of visit and search to ascertain whether a suspected merchantman is in fact of belligerent nationality or is in fact carrying contraband of war under a neutral flag." (The Secretary of State, Washington, D. C., to the German Minister for Foreign Affairs, May 13, 1915.)
"The fact that more than one hundred American citizens were among those who perished" (reference to the sinking of the Lusitania) "made it the duty of the Government of the United States to speak of these things and once more, with solemn emphasis, to call the attention of the Imperial German Government to the grave responsibility which the Government of the United States conceives that it has incurred in this tragic occurrence, and to the indisputable principle upon which that responsibility rests. The Government of the United States is contending for something much greater than mere rights of property or privileges of commerce. It is contending for nothing less high and sacred than the rights of humanity, which every government honors itself in respecting and which no government is justified in resigning on behalf of those under its care and authority." (The Secretary of State, Washington, D. C., to the German Minister for Foreign Affairs, June 9, 1915.)
"If a belligerent cannot retaliate against an enemy without injuring the lives of neutrals as well as their property, humanity, as well as justice and a due regard for the dignity of neutral powers, should dictate that the practice be discontinued. If persisted in it would in such circumstances constitute an unpardonable offense against the sovereignty of the neutral nation affected. . . . The rights of neutrals in time of war are based upon principle, not upon expediency, and the principles are immutable. It is the duty and obligation of belligerents to find a way to adapt the new circumstances to them." (The Secretary of State, Washington, D. C., to the German Minister for Foreign Affairs, July 21, 1915.)
"The law of nations in these matters, upon which the Government of the United States based that protest" (i.e., against the German declaration of February, 1915, declaring the danger zone around Great Britain and Ireland) "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. . . . It has become painfully evident to it (the Government of the United States) 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." (The Secretary of State, Washington, D. C., to the German Minister for Foreign Affairs, April 18, 1916.)
"But we cannot forget that we are in some sort and by the force of circumstances the responsible spokesmen of the rights of humanity, and that we cannot remain silent while those rights seem in process of being swept away in the maelstrom of this terrible war. We owe it to a due regard for our own rights as a nation, to our sense of duty as a representative of the rights of neutrals the world over, and to a just conception of the rights of mankind to take this stand now with the utmost solemnity and firmness." (President Wilson's Address to Congress, April 19, 1916.)
"The present German warfare against commerce is a warfare against mankind. It is a war against all nations. American ships have been sunk, American lives taken, in ways which it has stirred us very deeply to learn of, but the ships and people of other neutral and friendly nations have been sunk and overwhelmed in the waters in the same way. There has been no discrimination. The challenge is to all mankind. Each nation must decide for itself how it will meet it." (President Wilson's Message to Congress, April 2, 1917.)
The United States cannot go back on these words. They are fundamental in our position. I do not know whether the Allies have formally indorsed them or not. But that makes no difference. It seems to me that for America, with her traditional, unalterable devotion to the doctrine of Mare Liberum, as Grotius stated it, there can be no peace conference with a Government which is in active and flagrant violation of that principle.
I think that for us at least—we do not venture to speak for the Allies, though we believe they sympathize with our point of view—there can be no peace parley with Germany until she renounces and abandons her atrocious method of submarine warfare on merchant shipping.
Here, then, are the three conditions which ought to be fulfilled before we can honorably enter a conference on peace with the Imperial German Government. The first is a legitimate inference from the statements of the President. The second has been positively laid down by the President. The third is drawn, purely on my own responsibility, from his words.
First, Germany should frankly declare the aims with which she began this war, and the purposes with which she continues it on the territories which she has invaded.