The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1915-07-29
Il) GERMANY
[RONG REPLY MADE In LAT.
EST REPRESENTATION
FOR FREEDOM OF SEES


. Germany Having Admitted Illegally
:. Of Her Acts Can Hardly Defend
Them Against q Neutral-United
States and Germany Stand To-
gether to Keep Seas Open.
Following is the official text of the
latest American note to Germany re-
gardfng submarine warfare, which
was delivered to the foreign office at
Berlin Friday by Ambassador Ger
ard:
The Secretary of State to Ambas-
sador Gerard-( -(Tclcgram):
Department of State, Washington,
July 2b yl915.-You are instructed
to- deliver textuaily the following
note to the minister of foreign af-
fairs:
The note of the Imperial German
government dated the eighth of July,
1915, has received the careful con-
sheraton Of the government of the
United States and 1t regrets to be
oDhged to: say rthat 1t has found it
very unsatisfactory, because it fails
to meet the real differences between
no way in which the accepted prin-
ciples Of. law and humanity may be
applied in the grave matter in con-
troversx, but proposes, on the con-
trary, arrangements for partial sus-
pension of those principles which yir-
tually set them aside.
The government OF the United
States ~ndtkst with satisfaction that
the Imperial German government
recognizes without reservation the
validity of the principles insisted on
In the several communications which
this government had addressed to the
imperial German government with
regard to it's announcement of a war
zone ana the use of submarines
against merchantmen on the high
seas-the principle that the high
seas are free, that the character and
: cargo OF merchantmen must first
De ascertained before she can law
1ully 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 submit to exami-
nation; for a belligerent act of re.
taliation is per sc an act beyond the
law, and the defence of an act as re-
taliatory is an admission that it is
illegal.
The government of the United
states is, however, keenIy disap-
pointed to find that the Imperial Ger.
man government regards itself as in
large degree exempt from the obliga.
ton to observe these principles even
where neutral vessals are concerned,
by what 1t believes the policy and
practice: of the government OF Great
Britain to be I'm the present war with
regard to neutral commerce. The
Imperial German government will
readily understand that the govern
ment of the United States can not
discuss the'policy Of Great Britain
with regard to neutral trade except
with that government itself, and that
1t must .regard the conduct of Other
bellfgerent governments as irrelevant
to any discussion with the Imperia
German government Of what this
government regards as grave and un-
justifiable, violations of the rights of
American citizens by German naval
commanders.
Illegal and inhuman acts, however
1ustifiable't they may De thought to be
against an enemy who is believed to
have acted in contravention OF law
ana humanity, are manifestly indie.
fensible when they deprive neutrals
of their acknowledged rights, partic.
ularly when they violate the right tc
life itself. If belligerent can not
retaliate against an enemy without
nipturing the lives Of neutrals, as well
heir property, humanity, as well
as Justice and due regard for the
dignity OF neutral powers, should die
tate that the practice be discontinu-
ed.
If persisted in it would in such cir
cumstances constitute an unpardon-
able offence against the sovereignty
or the neutral nation affected The
government of the United States is
not unmindful Of the extraordinary
conditions created by this war or of
the radical alterations Of circum-
stances and method of attack pro-
duced by the use of instrumentalities
or naval warfare which the nations
or the world can not have had in
view when the existing rules of in
ternational law were formulated, and
1t Is ready to make every reasonable
allowance for those novel and unex-
pected aspects OF war at sea; but Il
can not consent to. abate any essen.
tial or fundamental rights of its peo-
pie because Of. a mere alteration of
circumstances. The rights of neu-
dis III tlme OF war are based upon
prlnciples, but upon expediency, and
the principles are immutable. II is
the duty and obligation of belliger
ents to find way to adapt the new
circumstances to them.
The events of the past two months
have clearly indicated that 1t Is pos
sible and practicable to conduct such
submarine operations as have char.
acterized the activity of the Imperial
German navy within the so-called
war one In substantial accord with
the accepted practices OF regulated
warfare. The whole world has look
ed with interest and increasing salts
factien-at the demonstration OF that
possibility by German naval COM
manders. 1t Is manifestly possible.
therefore, to lift the whole practice
of submarine attack above the criti-
cism which IL has aroused and re-
move the chief cause of Offence