The Pulaskian., 1915-07-30
(Telegram.)
Department of State,

Gerard:
 (Telegram.)
 Department of State,
 Washington, July 21, 1915.
 You are instructed to deliver text ually the following note to the min ister of foreign affairs:
 "The note of the imperial govern ment dated the Sth of July, 1915, has received the careful consideration of the government of the United States, and it regrets to be obliged to say that it has found 1t very unsatisfactory because it fails to meet the real diff ferences between the two govern ments and indicates no way in which the accepted principles of law and humanity may be applied in the grave matter in controversy, but pre- 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 imperial German government rec
 
 lidity of the principles insisted upon in the several communications which this government has addressed to the imperial German government With regard to the announcement of a war zone and 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 be ascertained 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 resists or seeks to escape after being summoned to submit to exam ination; for a belligerent act of re- taliation is per se an act beyond the law, and the defense of an act as retaliatory is an admission that it is illegal.
 Can't Change Neutral Rights
 "The government of the United States is, however keenly disappoint- ed to find that the imperial govern ment regards itself as in a large de gree exempt from the obligation to observe these principles, even where neutral vssels are concernd, 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.
 fay,4 will readily understand that the gov ernment of the United States cannot discuss the policy of the government of Great Britain with regard to neu tral trade except With that govern ment itself, and that it must regard the conduct of other belligerent gov ernmens as irrelevant to any discus sion with the imperial German gov ernment of what this government re- gards as grave and unjustifliable vio- izens 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 inde- feasible when they deprive neutrals of their acknowledged rights, partic- u1arly when they violate the right to 1lfe itself
 "lf a beIIigerent cannot retaIiate against an enemy without injuring the lives of neutraIs, as we'll as their property, humanity, as well as justice and due regard for the dignity of neutral powers, should dictate that the practice be discontinued. If persisted in it would in such circumstances con- stitute an objectionable offense against the sovereignty of the neutral nation affected.
 '"The government of the United l States is not unmindful of the extra ordinary conditions created by this war or of the radical alterations ol produced by the use of instrumental 1 ities of naval warfare which the ma l tions of the world cannot have had ir view when the existing rules of in ternational law was formulated, anf
 
 1t Is ready to make every reasonable allowance for these novel and unex pected aspects of war at sea; but if cannot consent to abate any essential or fundamental right of it's people be cause of a mere alteration of circum- stances. The rights of neutrals in time of war are based upon principl~ not upon expediency, and the prime, ples are immutable. It is the 6dty and obligation of belligerents to find way to adapt the new circumstances to them.
 Preparation for Lusitanla. "The events of the past two months 1 have clearly indicated that it is pos sible and practicable to conduct such submarine operations as have charac terized the activity of the imperial German navy within the so-called war zone in substantial accord with the accepted practices of regulated