564         THE LANSING PAPERS, 1914-1920, VOLUME I

second, good; and the third unsatisfactory. At least that is the way
my mind has been impressed thus far. But my final judgment I am
not ready to give, without further study.
       Faithfully yours,
                                                   ROBERT LANSING

                              [Enclosure]

JIeriorandurnw on the New Orders to Submarines as Contained in Me
                    German Note of May 4, 1916

                                       [WASHINGTON,] May 5, 1916.
  The German Governmient in its note states that it has decided "to
make a further concession, adapting methods of submarine war to
the interests of neutrals."  (See page 6)55
  The extent of this new concession is to be determined by com-
parison of the orders which "the German submarine forces have
had" (See page 3)56 and the order which the German Government
"notifies the Government of the United States that the German naval
forces have received." (See page 12) 5
         PREnVIOUS ORDERS                     NEW ORDERS
  To conduct the submarine warfare   In  accordance with the general
in accordance with the general princi- principles of visit and search and
the
ples of visit and search and the de- destruction of merchant vessels recog-
struction of merchant vessels recog- nized  by  international law, such
nized by international law, the sole vessels both within and without the
exception being the conduct of war- area declared a naval war zone shall
fare against enemy trade carried on  not be sunk without warning and
enemy freight ships encountered in without saving human lives unless the
the  war zone   surrounding  Great ships attempt to escape or offer resist-
Britain.                           ance.
  First: It is noticeable that the essential difference between these
orders is that the new orders eliminate the war zone and place the
same restrictions upon submarine warfare in all parts of the high
seas as were in force previously outside the war zone.
  Second: The new orders recite a portion of the established rules
by asserting that the immunity from being sunk without warning
and without saving human lives is lost if the ships attempt to escape
or offer resistance. The phrase "offer resistance" is significant
since
it indicates that armed vessels possessing power of resistance are
included in the general term "merchant vessels" covered by the
order.
  Third: In the previous orders the same restrictions on submarine
warfare were in force as to all merchant vessels, both within and

a Foreign Relations. 1916, supp., p. 258, first paragraph.
'Ibid., p. 257, last paragraph.
5TIbid., p. 259, sixth paragraph.