DEPARTMENT OF STATE.

122 DISPLAY OF DISTINGUISHING MASKS.
tions. In the opinion of the Imperial Government, the
American Government does not sufficiently take into
account the fact that these instructions were principally
intended to safeguard shipping in normal times; that is,
in times of peace. The particular requirements of war
hardly render the appeal of a neutral power to such
instructions permissible, if the one-sided disadvantage
of one of the belligerents is thereby caused.
Even though no explicit regulations exist with regard
to the German suggestion, the German Government
would like to point out in this connection that it was the
American Government itself, which appealed on several
occasions to the general principles of the right of neutrality.
According to these, the neutral state is in duty
bound, not intentionally to place difficulties in the way
of the military operations of one of the belligerents,
unless its own justified interests are violated. The point
of view taken by the American Government would logically
lead to the result that even in times of war, Amercan
warships, in appealing to the right valid in times of
peace of free transit on the high seas, could demand
unhindered passage between two battling warships.
The foregoing considerations and urgent military interests,
especially the exigencies of submarine warfare,
concerning which the American Government itself admitted
in the note of July 23, 1915, F. O. No. 4376, that
it was prepared to take its special conditions into account,
render it impossible for the Imperial Government, to its
sincere regret, to accept the American point of view, which
in case of mistaking a vessel, wishes to place the blame
solely and entirely on the German naval forces.
The Imperial Government cherishes the hope that the
American Government, upon subjecting the German
suggestion to a new and well-wishing examination, will
not refrain from listening to the above arguments.
While requesting him to bring the foregoing to the
attention of the American Government, the undersigned
avails himself of this opportunity to renew to His Excellency,
the Ambassador, the assurance of his highest
consideration.
v. JAGOW.