Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1915-07-30

folioWlng is the O1nclal text OF the
latest American note to Germany re-
garding submarine warfare which was
delivered to the foreign Office in Ber-
lin by Ambassador Gerard:
)? OMZetaoin taoin taoin taoinaoin
THE SECRETARY OF STATE 70
AMBASSADOR GERARD.
Department of State,
Washington, July 81.
You arc instructed to deliver text
ually the following note to the Minis
ter of oFreign 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
United States, and ii regrets TO be
obliged to say that il has found il very
unsatisfactory, because il 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 pro-
proposes, on the contrary, arrange
ments for a partial suspension of those
principles which virtually set them
aside.
The Government of the United States
notes with satisfaction that the I'M
nizes without reservation the validity
of the principles insisted on in the sew
eral communications which this gov
eminent has addressed to the Imper-
lal government with regard to its
announcement of war zone and the
use of submarines against merchant
men on the high seas-the principle
that the high seas are free, that the
character and cargo of a merchantmen
must first be asecrtained before she
can lawfully be seized or destroyed,
and that the lives of non-combatants
may in no case be put in jeopardy I'M
less the vessel resists or seeks TO es-
cape after being summoned TO submit
to examination; for bcligerent act
of retaliation is pen sc an act beyond
the law, and the defense of an act as
retaliatorv is an admission that it is il
legal.
u. S. GOVERNMENT KEENLY DIS
APPOINTED.
The Government of the United States
is, however, keenly disappointed to find
that the Imperial German Government
regards itself as in a large degree
exempt from the obligation to observe
these principles, even where neutral
vessels are concerned, by what it be-
lieves the policy and practice of the
Government of Great Britain to be
Ill the present war with regard 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
eg Great Britain with regard TO ncu-
trail trade except with that Govern
ment itself, and that it must regard
the conduct of other belligerent Gov
ernmentS as irrelevant to any discus
sion with the Imperial German Gov
eminent of what this Government re-
CARDS as grave and unjustifable vol
1ation of the rights Of American citi-
zens by German naval commanders.
Illegal and inhuman 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
feasible when they deprive neutrals of
their acknowledged rights particularly
when the yviolate the right to life
itself.
UNPARDONABLE OFFENSE, If
PERSISTED IN.
If a belligerent cannot retaliate
against an enemy without injuring
the lives. of neutrals, as we'll as their
property, humanity as wei as justice
and due regard for dignity of neu-
trail powers, should dictate that the
practice be discontinued. If persisted
in it would i'll such circumstances con-
stitute objectionable 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 circumstance
es and method of attack produced by
the use of Observation-Disclosures of naval
warfare which the nations of the world
cannot have had in view when the
existing rules of international law
were formulated, and it 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 people because of mere
alteration of circumstances.
The right of neutrals in time of war
are based upon principle, not upon
expediency, and the principles are
immutable. 1t is the duty and obi.
CATION of belligerents to find way
TO adapt the new circumstances ia
them.
Inc events OF the past two months
have clearly indicated that it is pos.
sible and practicable to conduct sucf
submarine operations as have charac.
terized the activity of the Imperia
German navy within the socalled wal
zone in substantial accord with the
accepted practices of regulated war
fare. The whole world has looked
with interest and increasing satisfac
tion at the demonstration of that pos
sibility by German naval commanders
1t is manifestly possible, therefore
to lift the whole practice of sub
mraine warfare ahnua tho n,-itiniar,