The Denison review. [volume] (Denison, Iowa) 1867-current, 1915-07-28
AMERICAS final
Note TO KAISER
Final official Note Sent to Imperial
German Government Regarding
Submarine Warfare. -.
DELIVERED ON LAST THURSDAY
Ambassador Gerard Instructed to Dc
liver Message to Minister OF
Foreign Affairs at Berlin.

Ambassador Gerard Instructed to De-
liver Message to Minister Of
Foreign Affairs at Berlin.
The Secretary of State to Ambassador
Gerard:
Department of State, Washington,
D. C., july: 81, 1915.-You are instruct
ed to deliver textually the following
note to the minister OF foreign AFFAIRS:
The note of the imperial German
government, dated the Sth OF July,
1915, has received the careful consid-
Grafton of the government OF the Unit
ed States and it regrets to be Obliged
to, say that it has found 1T very unsat-
isfactory, because it 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 III the
grave matter in controversy, but pro-
poses, on 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 i'm
perial German government recognizes
without reservation the validity OF the
principles insisted upon in the sew
eral communications which this gov
eminent has addressed to the lmper1-
al German government with regard TO
it's announcement of a war zone ana
the use OF submarines against mer-
chantmen on the high seas--the prin-
ciple that the high seas are free, that
the character and cargo of a merchant
man must first be ascertained before
she can lawfully be seized or dc
stroyed, and that the lives OF uoncom-
batants may in no case be put IN
jeopardy unless the vessel reslsts or
seeks to escape. after being summoned
to submit to examination; for a bel
ligerent act in retaliation is per sc
an act beyond the law, and the de-
Tense of an act as retaliatory is an ad-
mission that it is illegal.
keenIy Disappointed.
The government Of the United States
is. however, Skeenly disappointed to
\ lind that the imperial German govern
lilent regards itself rs in large degree
! these principles, even where neutral
vessels are concerned, by what it be,
lieves the policy and practice or the
government of Great Britain, to be in
the present war with regard to reu-
trail commerce.
The imperial German government
will readily understand that the gov
eminent 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 con-
duct of other belligerent governments
as irrelevant to any discussion with
the imperial German government OF
what this government regards as
grave and unjustitiable violations OF
the rights of American citizens by
German naval commanders.
An objectionable Offense.
Illegal and inlluman acts. however
justifiable they may be thought to be
against an enemy who is believed to
have acted in contravention of law
and humanity, are manifestly indie
fensible when they deprive neutrals
of their acknowledged rights. particu'
larly when they violate the right to
life itself. If belhgerent cannot
retaliate against an enemy without
injuring The lives Of neutrals, as well
their property, humanity, as well as
justice and due regard for the dig
+ nifty of the neutral powers. should die
tate that the practice be discontinued
If persisted in it would in such cir
cumstances constitute an unpardon
able offense against the sovereignty OF
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 methods OF attack pro
duced by the use of instrumentalities
of naval warfare which the nations OF
the world cannot have had in view
when the existing rules of information
al law were formulated, and 1t is
ready to make every reasonable allow
ance for these novel and unexpected
aspects OF war at sea; but 1t canno,
consent to abate any essential or fun
damcntal right of its people because
of a mere alteration OF circumstances
The rights OF neutrals in time of wal
are based upon principle, not upon ex
pediency, and the principles are i'm
5 mutable. 1t is the duty and obliga
ton of belligerents to find a way to
adapt the new circumstances to them
Law Can Be Observed.
The events of the past two months
have clearly indicated that it is posi-
Bile and practicable to conduct such
submarine operations as have charac
terized the activity OF the imperia
German navy within the so called wal
zone in substantial accord with the &C
copied practices of regulated warfare
The whole world has looked with in
terest and increasing satisfaction al
the demonstration of that possibility
by German naval commanders. 1t is
manifestly possible, therefore, to lif
the whole practice submarine at
( tack above the crit !m which it has
aroused and remove the chief causes
of offense.
In view of the admission Of lille
gality made by the imperial govern
ment when it pleaded the right Of re
taliation in defense of its acts, and IL
view of the manifest possibility Of con