Proceeding now to answer the questions set forth in the memorandum of February 18 of this year, already referred to, the Austrian Government would first of all remark that in the exchange of Notes in the cases of the Ancona and Persia this Government restricted itself to consideration of the concrete questions which had up to then arisen, without setting forth the legal position in point of principle.  In the Note of December 29, 1915, however, regarding the Ancona case it reserved the right to bring up the intricate questions of international law connected with the submarine warfare for discussion at a later date.  In reverting now to this point, and taking up the question as to sinking of enemy ships, with which the memorandum is concerned, for brief consideration, it is with the hope that it may be made clear to the American Government that the Austrian Government now as heretofore holds immovably by the assurance already given, and with the endeavour to avoid any misunderstanding between the Monarchy and the American Union by clearing up the most important question arising out of the submarine warfare—­most important as it rests on the dictates of humanity.

First and foremost the Austrian Government wishes to point out that the thesis advanced by the American Government and adopted in many learned works—­to the effect that enemy merchant vessels, save in the event of attempted flight or resistance, should not be destroyed without provision for the safety of those on board—­is also, in the opinion of the Austrian Government itself, the kernel, so to speak, of the whole matter.  Regarded from a higher point of view, this theory can at any rate be considered in connection with possible circumstances, and its application be more closely defined; from the dictates of humanity, which the Austrian Government and the Washington Cabinet have equally adopted as their guide, we can lay down the general principle that, in exercising the right to destroy enemy merchant shipping, loss of life should be avoided as far as possible.  This necessitates a warning on the part of the belligerent before exercising the right of destruction.  And he can here adopt the method indicated by the theory of the Union Government referred to, according to which the commander of the warship himself issues a warning to the vessel about to be sunk, so that crew and passengers can be brought into safety at the last moment; or, on the other hand, the Government of the belligerent state can, when it is considered an imperative necessity of war, give warning, with complete effect, before the sailing of the vessel to be sunk; or, finally, such Government can, when preparing comprehensive measures against the enemy traffic at sea, have recourse to a general warning applicable to all enemy vessels concerned.