ships and in traveling wherever their legitimate business calls them upon the high seas, and exercise those rights in what should be the well-justified confidence that their lives will not be endangered by acts done in clear violation of universally acknowledged international obligations, and certainly in the confidence that their own Government will sustain them in the exercise of their rights. There was recently published in the newspapers of the United States, I regret to inform the Imperial German Government, a formal warning, purporting to come from the Imperial German Embassy at Washington, addressed to the people of the United States, and stating, in effect, that any citizen of the United States who exercised his right of free travel upon the seas would do so at his peril if his journey should take him within the zone of waters within which the Imperial German Navy was using submarines against the commerce of Great Britain and France, notwithstanding the respectful but very earnest protest of his Government, the Government of the United States. I do not refer to this for the purpose of calling the attention of the Imperial German Government at this time to the surprising irregularity of a communication from the Imperial German Embassy at Washington addressed to the people of the United States through the newspapers, but only for the purpose of pointing out that no warning that an unlawful and inhumane act will be committed can possibly be accepted as an excuse or palliation for that act or as an abatement of the responsibility for its commission. Long acquainted as this Government has been with the character of the Imperial German Government and with the high principles of equity by which they have in the past been actuated and guided, the Government of the United States can not believe that the commanders of the vessels which committed these acts of lawlessness did so except under a misapprehension of the orders issued by the Imperial German naval authorities. It takes it for granted that, at least within the practical possibilities of every such case, the commanders even of submarines were expected to do nothing that would involve the lives of noncombatants or the safety of neutral ships, even at the cost of failing of their object of capture or destruction. It confidently expects, therefore, that the Imperial German Government will disavow the acts of which the Government of the United States complains, that they will make reparation so far as reparation is possible for injuries which are without measure, and that they will take immediate steps to prevent the recurrence of anything so obviously subversive of the principles of warfare for which the Imperial German Government have in the past so wisely and so firmly contended. The Government and people of the United States look to the Imperial German Government for just, prompt, and enlightened action in this vital matter with the greater confidence because the United States and Germany are bound together not only by special ties of friendship but also by the explicit stipulations of the treaty of 1828 between the United States and the Kingdom of Prussia. Expressions of regret and offers of reparation in the case of the destruction of neutral ships sunk by mistake, while they may satisfy international obligations, if no loss of life results, can not justify or excuse a practice, the natural and necessary effect of which is to subject neutral nations and neutral persons to new and immeasurable risks. The Imperial German Government will not expect the Government of the United States to omit any word or any act necessary to the performance of its sacred duty of maintaining the rights of the United States and its citizens and of safeguarding their free exercise and enjoyment. BRYAN. 246. OCCUPATION OF HAITI Under the following treaty, United States forces occupied and controlled Haiti during the latter part of the World War period. Statutes at Large of the United States, Vol. 39, Treaties and Conventions, pp. 44-50. Treaty between the United States and Haiti, of mutual amity, remedying financial conditions and assisting the economic development and tranquillity of Haiti. Signed at Port-au-Prince, September 16, 1915; ratification advised by the Senate, February 28, 1916; ratified by the President, March 20, 1916; ratified by Haiti, September 17, 1915; ratifications exchanged at Washington, May 3, 1916; proclaimed, May 3, 1916. ARTICLE I THE Government of the United States will, by its good offices, aid the Haitian Government in the proper and efficient development of its agricultural, mineral and commercial resources and in the establishment of the finances of Haiti on a firm and solid basis. ARTICLE II The President of Haiti shall appoint, upon nomination by the President of the United States, a General Receiver... who shall collect, receive and apply all customs duties on imports and exports accruing at the several custom houses... of the Republic of Haiti. The President of Haiti shall appoint, upon nomination by the President of the United States, a Financial Adviser,.. The Financial Adviser shall devise an adequate system of public accounting, aid in increasing the revenues and adjusting them to the expenses, inquire into the validity of the debts of the Republic, enlighten both Governments with reference to all eventual debts, recommend improved methods of collecting and applying the revenues, and make such other recommendations to the Minister of Finance as may be deemed necessary for the welfare and prosperity of Haiti. ARTICLE III The Government of the Republic of Haiti will provide by law or appropriate decrees for the payment of all customs duties to the General Receiver, and will extend to the Receivership, and to the Financial Adviser, all needful aid and full protection in the execution of the powers conferred and duties imposed herein; and the United States on its part will extend like aid and protection. ARTICLE V All sums collected and received by the General Receiver shall be applied, first, to the payment of the salaries... of the General Receiver,.. and expenses of the Receivership including the salary and expenses of the Financial Adviser, which salaries will be determined by previous agreement; second, to the interest and sinking fund of the public debt of the Republic of Haiti; and, third, to the maintenance of the constabulary referred to in Article X, and then the remainder to the Haitian Government for purposes of current expenses. ARTICLE VI The expenses of the Receivership, . . shall not exceed five per centum of the collections and receipts from customs duties, unless by agreement by the two Governments. ARTICLE VIII The Republic of Haiti shall not increase its public debt except by previous agreement with the President of the United States, and shall not contract any debt or assume any financial obligation unless the ordinary revenues of the Republic available for that purpose, after defraying the expenses of the Government, shall be adequate to pay the interest and provide a sinking fund for the final discharge of such debt. ARTICLE IX The Republic of Haiti will not without a previous agreement with the President of the United States, modify the customs duties in a manner to reduce the revenues therefrom; .. ARTICLE X The Haitian Government obligates itself... to create without delay an efficient constabulary, urban and rural, composed of native Haitians. This constabulary shall be organized and officered by Americans, appointed by the President of Haiti, upon nomination by the President of the United States... These officers will be replaced by Haitians as they, by examination, conducted under direction of a board to be selected by the senior American officer of this constabulary and in the presence of a representative of the Haitian Government, are found to be qualified to assume such duties... ARTICLE XI The Government of Haiti agrees not to surrender any of the territory of the Republic of Haiti by sale, lease, or otherwise, or jurisdiction over such territory, to any foreign government or power, nor to enter into any treaty or contract with any foreign power or powers that will impair or tend to impair the independence of Haiti. ARTICLE XIV ... should the necessity occur, the United States will lend an efficient aid for the preservation of Haitian independence and the maintenance of a government adequate for the protection of life, property and individual liberty. ARTICLE XVI The present treaty shall remain in full force and virtue for the term of ten years, to be counted from the day of exchange of ratifications, and further for another term of ten years if, for specific reasons presented by either of the high contracting parties, the purpose of this treaty has not been fully accomplished. Done at Port-au-Prince, Haiti, the 16th day of September in the year of our Lord one thousand nine hundred and fifteen. ROBERT BEALE DAVIS, JR. [SEAL.] LOUIS BORNO [SEAL.] Secrétaire d'Etat des Relations Extérieures et de l'Instruction Publique 247. THE GERMAN SUBMARINE PLEDGE After a year of vain negotiation, endeavoring to make Germany limit her submarine warfare according to the dictates of humanity the following pledge was extorted from the German Government, May 4, 1916. The conditions on which Germany abandoned submarine warfare are important; important, also, the American position in reply. Here, again, although the American note is signed by the Secretary of State, Lansing, the inspiration is undoubtedly President Wilson's. American Journal of International Law. Supplement, 1916, pp. 195-200, New York. Ambassador Gerard to the Secretary of State. No. 3848.] [Telegram.] AMERICAN EMBASSY, Berlin, May 4, 1916. FOLLOWING is the text of the note handed to me both in German and English at 5.30 this afternoon by Secretary of State for Foreign Affairs: |