The central record. (Lancaster, Ky.) 18??-current, 1915-07-29
WILSON REYES ...,.,,,.
ITO GERMANY


The Secretary Of State to Ambas-
sador Gerard. Department Of State,
Washington. July q, 1915. You are
instructed to deliver textually the fol-
lowing note to the Minister for Foreign
Affairs:
The note Of the Imperial German
Government. dated the Sth of July.
1915. has received the careful con-
sideration of the Government Of the
United States, and il regrets to be
obliged to say that it has found it very
unsatisfactory, because It fails TO meet
the real differences between the two
Governments and indicates no way in
which the accepted principles Of law
and humanity may be applied in the
grave matter in controversy. but pro-
poses, on the contrary, 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 German Government re-
servation the validity of the' principles
insisted on in the several communica-
tons which this Government has adj
dressed to the Imperial German
Government with regard to its an
nouncement 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 me-chantmau must first
be ascertained before she can lawfully
be seized or destroyed and that the
lives of noncombatants may in no case
be put in jeopardy unless the vessel re-
sists or seeks to escape after being
summoned to submit to examination;
for belligerent act of retaliation is
per Sc an act beyond the law, and the
defense Of an act as retaliatory is an
admission that it is illegal.
The Government Of the United
States is, however, keenly disappointed
to find that the Imperial German Gov
eminent regards itself as in large de-
gree exempt from the obligation to OBJ
serve these principles. even where neu-
trial vessels are concerned, by what II
believes the policy and practice OF the
Government of Great Britain to be in
the present war with regard to neutral
commerce. The Imperial German Gov
eminent will readily understand that
the Government of the United States
cannot discuss the policy of the Govern
ment OF Great Britain with regard to
neutral trade except with that Govern
ment itself, and that it must regard
the conduct of other belligerent Gov
ernments as irrelevant to any discuss
ion with the Imperial German Govern
ment of what this Government regards
as grave and unjustifiable violations of
the rights Of American citizens by Ger
man naval commanders. Illegal and
inhuman acts, however justifiable they
may be thought to be against an enemy
who Is believed to have acted in con-
travention of law and humanity. are
manifestly indefensihe when they de-
prive neutrals of their acknowledged
rights, particularly when they violate
the right to life itself. If bellgerent
cannot retaliate against an enemy with
inn h.. Of
well as their property, humanity, as
well as justice and a due regard for the
dignity of neutral Powers, should die
tate that the practice be discontinued.
Ii persisted in it would in such circum-
stances constitute an objectionable
otfense against the sovereignty Of the
neutral nation affected. The Govern
ment of the United States is not un-
mindful of the extraordinary conditions
created by this war or Of the radical
alterations of circumstance and method
of attack produced by the use of in
strumentalities Of naval warfare which
the nations of the world cannot have
had in view when the existing rules of
international law were formulated, and
it is ready to make every reasonable
allowance for these novel and unex-
pected aspects of war at sea; but il
cannot consent to abate any essential
or fundamental right of its people be-
cause of mere alteration of circum-
stances. The rights of neutrals in time
of war are based upon principle, not
upon expediency. and the principles are
immutable. 1t is the duty and obliga-
ton of beligerents to lind way to
adapt the new circumstances to them.
THE events of the past two months
have clearly indicated that it is possible
and practicable to conduct such sub
marine operations as have characterized
the activity of the Imperial German
navy within the so-called war zone in
substantial accord with the accepted
practices of regulated warfare. The
whole world has looked with interest
and increasing satisfaction at the dem
of that possibility by German
naval commanders. 1t is manifestly
possible, therefore. to lift the whole |
practice Of submarine attack above the
which il has aroused and re-
move the chief causes Of offense.
''In view of the admission of illegal
ity made by the Imperial German Gov
eminent when il pleaded the right of
retaliation in defense Of its acts. and