"The Government of the United States cannot admit that the proclamation of a war zone from which neutral ships have been warned to keep away may be made to operate as in any degree an abbreviation of the rights either of American shipmasters or of American citizens bound on lawful errands as passengers on merchant ships of belligerent nationality. It does not understand the Imperial German Government to question those rights. It understands it, also, to accept as established beyond question the principle that the lives of non-combatants cannot lawfully or rightfully be put in jeopardy by the capture or destruction of an unresisting merchantman, and to recognize the obligation to take sufficient precaution to ascertain whether a suspected merchantman is in fact of belligerent nationality or is in fact carrying contraband of war under a neutral flag. The Government of the United States therefore deems it reasonable to expect that the Imperial German Government will adopt the measures necessary to put these principles into practice in respect of the safeguarding of American lives and American ships, and asks for assurances that this will be done. (See White Book of Department of State entitled 'Diplomatic Correspondence with Belligerent Governments Relating to Neutral Rights and Duties, European War, No. 2,' at p. 172. Printed and distributed October 21, 1915.)" The German Government found itself compelled ultimately to recognize the principles insisted upon by the Government of the United States, for, after considerable correspondence, and on May 4, 1916, (after the _Sussex_ had been sunk,) the German Government stated: [Sidenote: The _Sussex_ agreement.] "The German submarine forces have had in fact, orders to conduct submarine warfare in accordance with the general principles of visit and search and destruction of merchant vessels as recognized by international law, the sole exception being the conduct of warfare against the enemy trade carried on enemy freight ships that are encountered in the war zone surrounding Great Britain. * * * [Sidenote: Merchant ships not to be sunk without warning.] "The German Government, guided by this idea, notifies the Government of the United States that the German naval forces have received the following orders: In accordance with the general principles of visit and search and destruction of merchant vessels recognized by international law, such vessels, both within and without the area declared as naval war zone, shall not be sunk without warning and without saving human lives, unless these ships attempt to escape or offer resistance. See Official Communication by German Foreign Office to Ambassador Gerard, May 4, 1916. (White Book No. 3 of Department of State, pp. 302, 305.)" [Sidenote: Right to make a prize.]