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. Regarded from a higher point of view, this theory
can at any rate be considered in connection with possible
circumstances, and its application be more closely defined; from the
dictates of humanity, which the Austrian Government and the Washington
Cabinet have equally adopted as their guide, we can lay down the
general principle that, in exercising the right to destroy enemy
merchant shipping, loss of life should be avoided as far as possible.
This necessitates a warning on the part of the belligerent before
exercising the right of destruction. And he can here adopt the method
indicated by the theory of the Union Government referred to, according
to which _the commander of the warship himself issues a warning to the
vessel about to be sunk_, so that crew and passengers can be brought
into safety at the last moment; or, on the other hand, the Government
of the belligerent state can, when it is considered an imperative
necessity of war, give warning, with complete effect, _before the
sailing of the vessel_ to be sunk; or, finally, such Government can,
when preparing comprehensive measures against the enemy traffic at
sea, have recourse to _a general warning applicable to all enemy
vessels concerned_.

That the principle as to providing for the safety of persons on board
is liable to exceptions has been admitted by the Union Government
itself. The Austrian Government believes, however, that destruction
without warning is not only justifiable in cases of attempted escape
or resistance. It would seem, to take one instance only, that the
character of the vessel itself should be taken into consideration;
thus merchant ships or other private craft, placed in the service of
war operations, whether as transports or guardships, or with a
military