communication to Dr. Ritter he said the
United States Government refused to modernize and extend the treaties
as Germany proposed, and indicated that the Government held the
treaties null and void since Germany herself had grossly violated her
obligations under them. The treaty of 1828, for example, contained
this clause governing freedom of maritime commerce of either of the
contracting parties when the other was at war:
"The free intercourse and commerce of the subjects or citizens of the
party remaining neuter with the belligerent powers shall not be
interrupted.
"On the contrary, in that case, as in full peace, the vessels of the
neutral party may navigate freely to and from the ports and on the
coasts of the belligerent parties, free vessels making free goods,
insomuch that all things shall be adjudged free which shall be on
board any vessel belonging to the neutral party, although such things
belong to an enemy of the other.
"And the same freedom shall be extended to persons who shall be on
board a free vessel, although they should be enemies to the other
party, unless they be soldiers in actual service of such an enemy."
Secretary Lansing pointed out another clause of equal import in the
treaty of 1799, providing:
"All persons belonging to any vessels of war, public or private, who
shall molest or insult in any manner whatever the people, vessel, or
effects of the other party, shall be responsible in their persons and
property for damages and interests, sufficient security for which
shall be given by all commanders of private armed vessels before they
are commissioned."
Germany was reminded of her violations of these stipulations in strong
terms. Said Secretary Lansing:
"Disregarding these obligations, the German Government has proclaimed
certain zones of the high seas in which it declared without
reservation that all ships, including those of neutrals, will be sunk,
and in those zones German submarines have in fact, in accordance with
this declaration, ruthlessly sunk merchant vessels and jeopardized or
destroyed the lives of American citizens on board.
"Moreover, since the severance of relations between the United States
and Germany certain American citizens in Germany have been prevented
from removing from the country. While this is not a violation of the
terms of the treaties mentioned, it is a disregard of the reciprocal
liberty of intercourse between the two countries in times of peace an
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