West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1915-07-29


to the Foreign Office at Berlin today
D, AMBASSADOR Gerard:
.'ac Seegc i Of State To Ambassador
Gerard.
Department OF State.
Washington. July 2l. 1915.
You are instructed to deliver text
nally the following note to the Minis
ter for Foreign Affairs
The note OF the Imperial German
Government dated the Sth OF July,
1916 has received the careful consid-
GRAFTON of the government OF the Uni
ted States, and it regrets to be obliged
To say that II has found IL very unsat-
isfactory, because Il fails to meet the
real differences between the two gov
ernments and indicates no way in
which the accepted principles OF law
and humanity may be applied i'm the
grave matter In controversy, but pro-
poses, OH the contrary. arrangements
for partial suspension OF those prin-
ciples which virtually set them aside.
The government of the United
States notes with satisfaction that the
Imperial German government recog-
nizes without reservation the validity
OF the principles insisted on i'm the
several communications which this
government has addressed TO the I'm
perial German government with re
gard TO Is 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 ascer-
tanned before she can lawfully be
seized or destroyed, and that the lives
of non-combatants may in no case be
pat In jeopardy unless the vessel re-
slsts 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 il is illegal.
The government of the United
States is, however, keenly dsap-
pointed To find that the Imperial Ger
man government regards itself as in
large degree exempt from the obliga-
tion to observe these principles. even
where neutral vessels are concerned,
by what il believes the policy and
practice of the government of Great
britain to be in the present war with
rgard to neutral commerce
The Imperial German government
will readily understand that the gov
ernment OF the United States cannot
discuss the policy OF the government
or Great Britain with regard to neu-
tral trade except with that govern
ment itself, and that il must regard
the conduct of other belligerent gov
ernments as irrelevant to any discus
sion with the Imperial German gov
ernment of what this government re-
CARDS as grave and unjustihable vio-
lation OF the rights of American citi-
zens by German naval commanders.
Illegal and inhuman acts. however
justifable they may be thought to be
against an enemy who is believed to
have acted in contravention of law
and humanity. are manifestly indefen-
sible when they deprive neutrals of
their acknowledged rights, particular
ly when they violate the right to life
itself
If a belligerent cannot retaliate
against an enemy without injuring the
lives of neutrals. as well as their
property, humanity, as well as justice
and due regard for the dignity Of
neutral powers, should dictate that
the practice be discontinued If per
sisted i'm II would i'm such circumstan-
ces constitute an objectionable onense
against the sovereignty Of the neu-
trail nation affected
The government Of the United
States is not unmindful Of the extra
ordinary conditions created by this
war or of the radical alterations of
circumstance and method OF attack
produced by the use Of instrumentali-
ties OF naval warfare which the ma
tions OF the world cannot have had I'm
view whom the existing rules Of inter
nadonal law were formulated. and &,
is ready 10 make every reasonable al
l0&ancc for these novel and unex
p.cted aspects of war at sea; but IL
taInOt consent To- abate any essential
o. fundamental right OF its people be-
cause Of mere alteration Of circum-
stance
The rights Of neutrals in time of
war are based upon principle, not
upon expediency, and the principles
are immutable. IL is the duty and
obligation Of belligerents TO find a
way to adapt the new circumstances
to them.
The events Of the past two months
have clearly indicated that il is pos
sible and practicable to conduct such
submarine operations as have charac-
terized the activity OF the Imperial
German navy within the so-called war
zone in substantial accord with the
accepted practice Of regulated war
fare. The whole world has looked
with interest and increasing satisfac-
ton at the demonstration OF that pos
sibility by German naval commanders.
Il is manifestly possible, therefore, to
lift the whole practice of submarine
attacks above the criticism which II