e challenged, and where neutrals may
recover their cargo.

The sinking of prizes is, in itself, a questionable act, to be resorted
to only in extraordinary circumstances, and after provision has been
made for the safety of all crews and passengers.

The responsibility of discriminating between neutral and enemy vessels
and between neutral and enemy cargoes obviously rests with the attacking
ship, whose duty it is to verify the status and character of the vessel
and cargo, and to preserve all papers before sinking or capturing the
ship. So, also, the humane duty to provide for the safety of crews of
merchant vessels, whether neutral or enemy, is an obligation on every
belligerent.

It is upon this basis that all previous discussions of law for
regulating warfare have proceeded. The German submarine fulfills none of
these obligations. She enjoys no local command of the waters wherein she
operates. She does not take her captures within the jurisdiction of a
prize court. She carries no prize crew which can be put aboard prizes
which she seizes. She uses no effective means of discriminating between
neutral and enemy vessels. She does not receive on board for safety the
crew of the vessel she sinks. Her methods of warfare, therefore, are
entirely outside the scope of any international instruments regulating
operations against commerce in time of war.

The German declaration substitutes indiscriminate destruction for
regulated captures. Germany has adopted this method against the peaceful
trader and the non-combatant, with the avowed object of preventing
commodities of all kinds, including food for the civilian population,
from reaching or leaving the British Isles or Northern France.

Her opponents are, therefore, driven to frame retaliatory measures in
order in their turn to prevent commodities of any kind from reaching or
leaving Germany.

These measures will, however, be enforced by the British and French
Governments without risk to neutral ships or neutral or non-combatant
lives, and in strict observation of the dictates of humanity. The
British and French Governments will, therefore, hold themselves free to
detain and take into port ships carrying goods of presumed enemy
destination, ownership, or origin.

It is not intended to confiscate such vessels or cargoes unless they
would otherwise be liable to confiscation. Vessels with cargoes which
sailed before this date will not be affected.

Britain's New and Or