The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1915-07-25

| foreign once tOCd! Dy Am Oassd1OE
Gerard:
Department Of State. Washington.
July q. 1915.
The Secretary OF State to Ambassa-
dor Gerard:
You are instructed to deliver text
uany the following note to the minis
ter 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 it regrets TO be
| Obliged 10 say that it has found it
very unsatisfactory. because it fails
to meet the real differences between
the two governments and indicates in
no way in which the accepted princi-
Piles Of law and humanity may be
applied in the grave matter in con
troyersy, but proposes, on the con
trary arrangements for a partial
suspension Of these principles 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 in the sew
| eral commune cations which this gov
ernment had addressed to the imperial
| German government with regard to
| its announcement of a war zone and
| 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
merchantmen must first be ascertain
ed before she can lawfully be seized
or destroyed, and that the lives OF
non-combatants may in no case be
put in jeopardy unless the vessel re-
sists, or seeks 10 escape, after being
summoned to submit to examination;
for a 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.
Exemption Feature DisaPpoints.
The government o. the United
States is. however, keenly disappO!nt-
ed 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 Ger
man government will readily under
stand that the government of the
United States cannot discuss the pol
icy Of the government Of Great Brit
ain with regard to neutral trade ex-
cept with that government itself and
that it must regard the conduct Of
other belligerent governments as ir-
relevant to any discussion with the
imperial German government of what
this government regards as grave and
uniustifiable violations of the rights
of American citizens by German naval
commanders.
illegal and inhuman acts however
justfable they may be thought to be,
against an enemy who is believed TO
have acted in contrayention Of law
and humanity, are manifestly indefen
sibe when they deprive neutrals of
their acknowledged rights, particu-
larly when they violate the right to
life itself. If a belligerent cannot re-
taliate against an enemy without in
iuring the lives 0. neutrals as 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
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 he United
/
ordinary conditions created by this
war or Of the radical alterations of
circumstances and method of attack
produced by the use of instrumentali-
ties OF naval warfare which the ma
tions of the world cannot have had
in view when the existing rules of
international law were formulated,
and it is ready to make every reason
able allowance for these novel and
unexpected aspects of war at sea;
but it cannot consent to abate any
essential or fundamental right Of its
people because of mere alteration
of circumstances. The rights OF neu'
trails 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 a way to adapt the new cir
cumstances TO them.