New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-24
The Secretary OF State to Ambassador Gerard.
Department of State,
WASHINGTON. Lulv u. l0lS.

Department OF State,
Washington, July q, 1915
You are instructed to deliver textually the
following note to the Minister for Foreign
Affairs:
The note of the Imperial German Govern
ment dated the 9th 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 it very un-
satisfactory, because it fails to meet the real
differences between the two governments and
indicates no way in which the accepted prin
cples of law and humanity may be applied
in the grave matter in controversy, but pro-
poses, on the contrary, arrangements for
partial suspension OF those principles which
virtually set them aside.
The Government OF the United States
notes with satisfaction that the Imperial Ger
man Government recognizes without reserva-
ton the validity OF the principles insisted on
in the several communications which this
government has addressed to the Imperial
German Government with regard to its an
nouncement of a war zone and the use OF sub
marines against merchantmen on the high
seas-the principle that the high seas are
free, that the character and cargo OF mer-
chantman must first be ascertalned 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-
aft hpin
moned to submit TO examination; Tor bel
liqerent act of retaliation is per Sc an act be-
vond the law, and the defence OF an act as
retaliatory is an admission that it is illegal
The Government OF the United States is,
however, keenly disappointed to find that the
Imperial German Government regards itself
as in large degree exempt from the obligation
to observe these principles, even where neu-
tral vessels are concerned by what it believes
the policy and practice OF the Government OF
Great Britain to be in the present war with
reoard 70 neutral commerce. The Imperial
German Government will readily understand
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
if must regard the conduct OF other belhger-
emf Governments as irrelevant to any discus
sion with the Imperial German Government
OF what this government regards as grave
and uniustifable violations OF the rights OF
American citizens by German naval COM
;pI,, however
iustihable they may be thought to be against
an enemy who is believed to have acted IN
contravention Of law and humanity, are mani
festlv indefensible when they deprive nell
trails Of their acknowledged rights, particu-
larlv when they violate the right to lite itself
IF belligerent cannot retalate against an
enemy without inuring the lives OF neutraIs'
as we'll as their property, humanity, as well as
;ustice and a due regard for the dignity OF
neutral powers, should dictate that the prac-
tice be discontinued. If persisted IN, 1t would
:, such circumstances constitute an unpar-
donable offence against the sovereignty OF
the neutral nation affected The Government
OF the United States is not unmindful OF inc
extraordinary conditions created by TINS war
or of the radical alterations OF circumstance
and method OF attack produced by the use OF
instrumentalites 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 Tor these mover
and unexpected aspects of war at sea; but
= cannot consent to abate any essential or
fundamental right OF its people because OF a
mere alteration Of circumstance. lhe rights
- ,eutrals in time OF war are based upon