American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1915-07-29

last American note to Germany on the
question Of submarine warfare. 1t
was delivered to the foreign office at
Berlin Friday by Ambassador Gerard.
The Secretary of State to Ambassa-
dor Gerard: Department OF State,
Washington, July 81, 1915. You are
instructed to deliver textually the fol-
lowing note to the minister of foreign
affairs,
The note OF the imperial German
government dated the Sth Of July, 1915.
has received the careful consideration
OF the the government OF the United
States, and II regrets to BIO obliged 10
a. that 1t has found II unsatisfactory.
because T. fails 70 meet the real diff
ferences heween the two govern
ments, and indicates no way in which
the accepted principles of law and hui
mainly may be applied in the grave
matter In controversy. arrangements
for n partial suspension OF those prin-
ciples. which virtually sets them ASIDE
rhe government OF the United states
notes with satisfaction that the I'M
perial German government recognizes
without reservation the validity OF the
PRINCIPLES insisted In the several com
m%unications which this government
has addressed to the imperial German
government with regard 10 Its an
nouncement OF a war zone and the use
of submarines against merchantmen
-n---. sL. n.lnaipla rhnll
the high seas are free, that the char
acter and cargo of n merchantmen
must first be asc~ertained before she
can lawfully be seized or destroyed.
and that the lives of on-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 belligerent
act Of retaliation Is per se an act be-
yond the law, and the defense OF an
act as r~etaliatory II an admission that
II Ia Illegal.
Keenly Disappointed.
The government of the United States
IL. however, keenly disappointed to
find that the imperial German govern
ment regards itself as In large degree
exempt from the obligation to observe
these principles, even where neutral
vessels are concerned, by what 1t be-
lieves the policy and practice of the
government Of Great Britain to be In
the present war with regard to neu-
trail The imperial German
government will readily understand
that the government OF the United
States cannot discuss the policy OF the
government OF Great Britain with re-
gard to neutral trade except with THAT
government itself, and that 1t must re-
gard the conduct of other belligerent
governments as irrelevant to any dis
cussion with the imperia. German gov
eminent of what this government ro-
CARDS as grave and unJustifinble vio-
lations of the rights of American citi-
xens by German naval commanders.
Illegal and inhuman acts, however
t~ustifiable they may be thought to be
AGAINST an enemy who Is belis ed to
have acted In contravention OF law
ana humanity, are manifestly indefen.
sible when they deprive %neutrals OF
their acknowledged rights, particular
" when they violate the right to lie
itself.
should Discontinue Acts.
II a belligerent cannot retai'lafe
arainst an enemy without injuring he
lives of n~eutrals, as well AZ tnelr
property, humanity as well as Justice
and a due regard for the dignity OF
neutral powers, should dictate that
the practice be discontinued. II per-
si.sed IN u would In such c.rcum-
stances constitute nm unpardonaoie
offense against the sovereignty oil the
neutral nation affected. The govern
ment OF the United States 10 not I'M
mindful OF the extraordinary cou-
dstions created by this war or OF the
radical alterations Of circumstances
and method Of attack produced by the
use OF the instrumentalities of naval
warfare which the nations OF the
world cannot have had In view When
the existing rules of international law
were formulated. and II Ia ready to
make every reasonable allowance for
these novel and unexpected aspects oil
war at sea; but It cannot consen, to
ubatc any essential Or fundamental
right Of it's people because OF u mere
alteration OF circumstances. The
rights OF neutrals In time OF war are
based upon principle. not upon eN'
~pediency. and the principles are i'm
mutable. II is the duty and ohliga
ton Of belligerents to find a way L
adapt the now circumstances TO them
Submarine Warfare.
The events OF the past two MONTH
have clearly indicated that II Is pos
sible and practicable to conduct sub
marine operations ns have character
/, ixtd tho activity Of the imperia! Gel
mal. navy within the so-caiied wa
zone In substantial accord with the &C
cepted practices Of regulated warfar'
Tha whole world has looked With IN