Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1915-07-30
Text or The American Note To
Germany.

Following is the official text of the latest
American note to Germany regarding sub
marine warfare, which was delivered to
the foreign Office at Berlin last Friday by
Ambassador Gerard:
The Secretary of State to Ambassador
Gerard:
You are instructed to deliver textually
the following note to the minister for foreisn
affairs:
The note of the imperial German gov
eminent, dated the 9Th of July. 1915, has
received the careful consideration of the
government Of the United States, and it
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 proposes,
on the contrary, arrangements for a par
tial suspension of those principles which
virtually set them aside.
The government of the United States
notes with satisfaction that the imperial
German government recognizes without
reservation the validity of the principle
insisted on in the several communications
which this government has addressed to
the imperial German government with re-
gard to its announcement of a war zone
and the use of submarines against mer-
chantmen on the high seas-the principle
that the high seas are free. that the char
acter and cargo of a merchantman must
first be ascertained before she can law
fully be seized or destroyed. and that the
lives of noncombatants may in no case be
put in jeopardy unless the vessel resists or
seeks to escape after being summoned to
submit to examination for belIigerent act
of retaliation is per Sc an act beyond the
law. and the defense of an act as retalia-
tory is an admission that it is illegal.
The government of the United States is,
however, keenly disappointed to find that
the imperial German government regards
itself as in large degree exempt from the
obligation to observe these principles, even
where neutral vessels are concerned. by
what it 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 government 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 it must regard
the conduct Of other belligerent govern
ments as irrelevant to any discussion with
the imperial German government of what
this government regards as grave and I'M
justifiable violations of the rights of Amer
lean citizens by German naval com
manders.
Illegal and inhuman acts. however just-
fable 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
neutrals of their acknowledged rights, par
ticularly when they violate the right to
life itself If belligerent cannot retaliate
against an enemy without injuring the
lives of neutrals, as well as their property,
humanity, as well as justice and a due
regard for the dignity of neutral powers,
should dictate that the practice be dis
continued. II persisted in, it would in such
circumstances constitute an objectionable
offense against the sovereignty of the neu-
trail nation affected.
The government of the United States is
not unmindful of the extraordinary condi-
tons created by this war or the radical
alterations of circumstance and method of
attack produced by the use Of instrument
talites of naval warfare which the nations
Of the world cannot have had in view
when the existing rules of international
law were formulated, and il is ready to
make every reasonable allowance for these
novel and unexpected aspects of war at
sea; but it cannot consent to abate any
essential or fundamental right of its peO-
Pile because of a mere alteration of cir
cumstance.
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 obligation of belligerents to
find way to adapt the new circumstances
to them.
The events of the past two months have
clearly indicated that it is possible and prac-
tcable to conduct such submarine opera
tons 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 demon
stration Of that possibility by German naval
commanders II is manifestly possible
therefore to lift the whole practice Of sub
marine attack above the criticism which it
has aroused and remove the chief causes
of offense.
In view Of the admission of illegality
made by the imperial German government
when it pleaded the right of retaliation in
defense Of its acts. and in view OF the
manifest possibility Of conforming to the
established rules Of naval warfare, the
government Of the United States cannot
believe that the imp erial government will
LONGER refrain from disavowine the wanton
act of its naval commander in sinking the
Lustania or from Offering PREPARATION for
the American lives lost. so far as repara-
ton can be made for a needless destruc-
ton Of human life by an illegal act.
The government Of the United States.
while not Indifferent to the friendly spirit
in which il is made. cannot accept the
suggestion Of the imperial German govern
ment that certain vessels be designated