The Yale expositor., 1915-07-29
AMERICA SENDS FINAL
NOTE TO GERMANY ON
FREEDOM OF The SEAS
Further Submarine Attacks Citizens of United States
VIII be Considered Unfriendly Act Wrongs of
Others Do Not Justify Violation of Our Rights

OBSERVATION-DISCLOSURES is the OFF,
cial text of the latest American note
to Germany regarding submarine war
fare, which was delivered to the for
eign office at Berlin Saturday by Am
bassador Gerard:
Department Of State,
Washington, July 81. 1915.
You are instructed to deliver tex
tually the following not to the minis
ter for foreign affairs:
The note OF the imperial German
government, dated the Sth OF July,
Grafton of the government OF the
United States, and 1t regrets to be
obliged to say that 1t has found 1t
very unsatisfactory, because It fails
to meet the real differences between
the two governments and indicates
no way in which the accepted prin-
ciples of law and humanity may be
applied in the grave matter in con-
troversy, but proposes, on the con-
trary, arrangements for a partial
suspension of those principles which
virtually set them aside.
The government of the United
States notes with satisfaction that
the Imperial government recognizes
without reservation the validity of
the principles insisted on in the sew
eral communications which this gov
eminent has addressed to the I'm
gard to its announcement of a war
zone, and the use of submarines
against merchantmen on the high
seas-the principle that the high
seas are free, that the character and
cargo of a merchantmen must first
be ascertained before she can law
fully be seized or destroyed, and
that the lives of non-combatants
may in no case be put in jeopardy
unless the vessel resists or seeks to
escape after being summoned to sub
NIT TO examination; for a bellige--
ent act of retaliation is per Sc an
act beyond the law, and the defense
of an act as retaliatory is an admis-
sion that it is illegal.
The government of the United
States is, however, keenly disap-
pointed to find that the Imperial
German government regards itself
as in large degree exempt from the
obligation to observe these princi-
pies, even where neutral vessels are
concerned, by what it believes the
policy and practice Of the govern
ment of Great Britain is in the pres
ent war with regard to neutral COM
merce. The Imperial German gov
eminent will readily understand
that the government Of the United
States cannot discuss the policy OF
the government of Great Britain
with regard to neutral trade except
with that government itself, and
that 1t must regard the conduct of
other belligerent governments as ir-
relevant to any discussion with the
Imperial German government of
what this government regards as
grave and unjustifiable violations Of
the rights of American citizens by
German naval commanders.
Illegal and inhuman acts, however
iustifiable they may be thought to
be against an enemy who is believed
to have acted in contravention OF
law and humanity, are manifestly
indefensible when they deprive neu-
trails of their acknowledged rights,
particularly when they violate the
right to life itself. If belligerent
cannot retaIiate against an enemy
without injuring the lives of neu-
trails as we'll as their property, hui
mainly, as we'll as justice and due
regard for the dignity OF neutral
powers, should dictate that the prac-
tice be discontinued. II persisted in
It would in such circumstances con-
stitute an objectionable offense
against the sovereignty Of the neu-
trail nation affected.
The government of the United
States is not unmindful of the ex-
traordinary conditions created by
this war, or of the radical altera-
tions of circumstance and method OF
attack produced by the use of in
strumentalities of naval warfare
which the nations of the world can
not have had in view when the ex-
listing rules of international law
were formulated, and it is ready 20
make every reasonable allowance
for these novel and unexpected as
poets of war at sea; but it cannot
consent to abate any essential or