nt were forced to lay down arms at the
bidding of any neutral whom it might please to make use of enemy ships
for business or pleasure. No doubt has ever been raised as to the fact
that subjects of neutral states are themselves responsible for any
harm they may incur _by their presence in any territory on land where
military operations are in progress_. Obviously, there is no ground
for establishing another standard for naval warfare, particularly
since the second Peace Conference expressed the wish that, pending the
agreement of rules for naval warfare, the rules observed in warfare
upon land should be applied as far as possible at sea.

From the foregoing it appears that the rule as to warning being given
to the vessel itself before such vessel is sunk is subject to
exceptions of various kinds under certain circumstances, as, for
instance, the cases cited by the Union Government of flight and
resistance, the vessel may be sunk without any warning; in others
warning should be given before the vessel sails. The Austrian
Government may then assert that it is essentially in agreement with
the Union Government as to the protection of neutrals against risk of
life, whatever may be the attitude of the Washington Cabinet towards
some of the separate questions here raised. The Austrian Government
has not only put into practice throughout the war the views it holds
in this respect, but has gone even farther, regulating its actions
with the strictest care according to the theory advanced by the
Washington Cabinet, although its assurance as published only stated
that was "essentially in agreement" with the Union Government's views.
The Austrian Government would be extremely satisfied if the Washington
Cabinet should be inclined to assist it in its endeavours, which are
inspired by the warmest feelings of humanity, to save American
citizens from risk at sea by instructing and warning its subjects in
this direction.

Then, as regards the circular verbal note of February 10 of this year
concerning the treatment of armed enemy merchant vessels, the Austrian
Government must in any case declare itself to be, as indicated in the
foregoing, of the opinion that the arming of trading ships, even when
only for the purpose of avoiding capture, is not justified in modern
international law. The rules provide that a warship is to approach an
enemy merchant vessel in a peaceable manner; it is required to stop
the vessel by means of certain sig