South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-07-24
washington, July q. 1918.
Department II sac.

A NflA NittNtlA vi DlhANf
The Secretary of state to Ambassa-
dor Gerard:
You are instructed to deliver textu-
ally 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 consld-
GRAFTON OF the government OF the Unit
ed States and 10 regrets 20 be 0DllBed
20 say that IL has found 1T very unsat-
isfactOry. because 10 fails 20 meet the
real difference between the TWO gov
ernments, and indicates no way in
which the accepted principles or law
and humanity may be applied in the
grave matter i'm controversy, put pro
poses. on the contrary. arrangements
for "A partial suspension Of those prin-
Ciples 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 on in the
several communications which TINS
government has addressed TO the i'm
periaI German gOverum ent with re-
gard 70 its announcement OF n war
zone and the use of submarines
against merchantmen on the high seas
the UIInGlUle NtlaA lAlN lAAf' IL '7'ft-' ett
free that the character and cargo OF
n merchantmen must first be ascer-
tanned before she can lawfully De
seized or DESTROYED and that the lives
Of noucOm batanJs may i'm no case De
put i'm jeopardy unless the vessel re-
sists or seeks 20 escape AFTER being
surnmoned TO submit TO eXamlnauoH-
for a belligeTent 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
Can't Bring England I'm.
The government of the United
States. is. however keenly disappoint-
Cd to find that the imperial German
government regards itself as I'm large
degree exempt from the obligation to
observe these principles. even where
neutral vessels are concerned, 10y What
20 believes the policy and practice or
the government Of Great Britain to
be in the present war with regard 10
neutral commerce. The imperial Ger
man government viii readily under
stand 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
ft must regard the conduct of other bel
ligeTent governments us irrelevant 10
any discussion with the imperial Ger
man government Of what this govern
mcnt regards as grave and unjustifia-
BILE violations of the rights of Ameri-
can citizens 10y German naval COM
manders. Illegal and inhuman acts,
however 1ustihable they may be
thought TO be against an enemy who
is believed 90 have acted i'm contraven-
tion OF law and humanity. are mani
festly indefenible when they deprive
neutrals OF their Acknowledged rights,
particularly when they violate the
right to life itself If a belligerent
cannot retaliate against an enemy
without iniuring the lives Of neutTals,
as well as their property, humanity.
as we'll as justice and a due regard
for the dignity Of neutral powers
should dictate that the practice be
discontinued. If persisted in ii would
IN such circumstances constitute an
objectionable offense against the SOW
ereignty OF the neutral nation affected.
The government of the United States
Is not unmindful of the extraordinary
conditions created by this war CT of
the radical alterations of circumstan-
ces and method of attack produced by
the use of inStTumentalities 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 81 its people because of a mere
alteration of circumstances. The
rights Of neutrals in time of war are
based upon principle. not upon eXpe-
diency. and the principles are immuta-
bic. 1t is the duty and obligation of