Middletown transcript., 1915-07-31

Aatest American note to Germany re-
garding submarine warfare, which was
delivered to the Foreign once at Ber-
lin yesterday by Ambassador Gerard:
THE SECRETARY OF STATE TO
AMBASSADOR GERARD.
DEPARTMENT OF STATE,
Washington, July 21, 1918.
You are instructed to deliver text
ually the following note to the Min
lister of Foreign Affairs
The note of the Imperial German
Government dated July 8, 1915, has
received the careful consideration of
the Government of the United States,
and 1t regrets to be obliged to say that
1t has found it very unsatisfactory, be-
cause it fails to meet the real differ
ences between the two Governments
and indicates no way in which the ac-
cepted principles Of law and humanity
may be applied in the grave matter in
controversy, but proposes, on the con-
trary, arrangements for a partial sus-
pension Of these principles which vir-
tually set them aside.
The Government of the United
States notes with satisfaction that the
Imperial German Government rec
Ognizes without reservation the
validity Of the principles insisted on
in the several communications which
this Government has addressed to the
Imperial German Government with re-
gard to its 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 ascer-
tained before she can lawfully be
seized OF destroyed, and that the lives
Of non-combatants may in no case be
put in jeopardy unless the vessel re-
sists or seeks to escape after being
summoned to submit to examination;
for 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.
"keenly Disappointed" BY German
Stand.
The Government of the United
States is, however, keenly disappoint-
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
1t 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 policy
OF the Government Of Great Britain
with regard to neutral trade except
with that Government itself, and that
1t must regard the conduct of other
belligerent Governments as irrelevant
to any discussion with the Imperial |
German Government of what this Gov !
ernment regards as grave and un-
1ustifable violations of the rights of
American citizens 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 contra
vention Of law and humanity, are
manifestly indefensible when they de- |
prive neutrals of their Acknowledged |
rights, particularly when they violate
the right to life itself. If belligerent
cannot retaliate against an enemy |
without injuring the lives Of neutrals |
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 discon.
tinued. If persisted in, it would In
such circumstances constitute an un-
pardonable offense against the SOW
reignty of the neutral nation affected.
"PrIneIpIes Are ImmutabIe."
The Government OF the United
States is not unmindful of the extraor-
dinary conditions created by this war
or of the radical alterations of cir
cumstance and method 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 internation-
al law were formulated, and 1t 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 OF fundamental
right of its people because of a mere
alteration of circumstance. The rights
of neutrals in time of war are based
upon principle, not upon expediency,
and the principles are immutable. 1t
is the duty and obligation of belliger-
ents TO find a way to adapt the new
circumstances to them.
The events of the past two months