Iditarod pioneer., 1915-08-28

which was delivered to the foreign office at Berlin today by Ambassador Gerard: "The secretary of state to Ambassador Ger
 ard:
 Department of State,
 "Washington, July 2l 1915.
 "You are instructed to deliver textually the following note to the minister of foreign affairs:
 "The note of the imperial German govern ment dated the Sth of July, 1915, has re ceived the careful consideration of the gov ernment of the United States, and it regrets to be obliged to say that 1t has found it very unsatisfactory because it fails to meet the real differences 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 con troversy but proposes, on the contrary, ar engagements for partial suspension of those principles which virtually set them aside.
 Recognition of Sea Freedom
 "The government of the United States notes with satisfaction that the imperial Ger man government recognizes without reser- vation the validity of the principles insisted upon in the several communications which this government has addressed to the lm- peral German government with regard to Its announcement of war zone and the use ot 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 ascertalned be fore she can lawfully be seized or destroyed and that the lives of non-combatants may in no case be put in jeopardy unless the yes sel ressts 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.
 lnhuman Acts Indefensble
 "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 neutral vessels are concerned, by what it believes the policy and practice Of the government of Great Britain to be in the present war with regard to neutral com merce. The imperial German government will readily understand that the govern ment of the United States cannot discuss the policy of the government of Great Brit
  that government itself, and that it must regard the conduct of other belhgerent gov ernlnents as irrelevant to any discussion with the imperial German government ot what this government regards as grave and uniustifable violations of the rights ot American citizens by German naval com manders.
 illegal and inhuman acts, however JUS tifable they may be thought to be aganst an enemy who is believed to have acted Tn contravention of law and humanity are manifestly indefensible when they deprive neutrals of their acknowledged rights, par ticularly when thev violate the right to life itself If belleerent cannot retahate against an enemy without injuring the lives of neutrals, as well as their property, hu- manity, 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 circum stances constitute an unpardonable ot1ense against the sovereignty of the neutral na- ton affected. The government of the Umted States is not unmindful of the eXtraordl- nary conditions created by this war or of the radical alterations of circumstances and method of attack produced by the use of instrumentalities of naval warfare which the nations of the world cannot have had in view when the existing rules of lnterna- tional 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 bees ause of a mere alteration of circumstance. rirb+C Of nt based upon principle, not upon expediency, and the principles are immutable, It is the duty and obligation of belligerents to find way to adapt the new circumstances to them
 Humane Conduct Feasible
 "The events of the past two months Lave clearly indicated that 1t IS possible and practicable to conduct such submarine op- erations as have characterized the activity Of the imperial German navy within the so- called war zone in substantial accord with the accepted practices of regulated warfare. The whole world has looked with interest and increasing satisfaction at the demon stration of that possibility by German naval commanders It is manifestly possible, there fore, to lift the whole practice of submarine attack above the criticism which it has aroused and remove the chief causes of of fense.
 "In view of the admission of illegality made by the imperial government when it pleaded the right of retaliation in defense of its acts. and in view of the manifest possi- bility of conforming to the established rules of naval warfare the government of the United States cannot believe that the i'm perial government will longer refrain from dsavowing the wanton act of it's naval com mander in sinking the Lusitania or from offering reparation for the American lives lost so far as reparation can be made for 8 needless destruction of human life by an illegal act.
 Rejection of German Suggestion
 ''The government of the United States, while not indifferent to the friendly spirit in which it is made, cannot accept the sug- gestion of the imperial German government that certain vessels be designated and agreed upon which shall be free on the seas now illegally prescribed. The very agreement al uwob n-esfitr -Ame( etaoin shrdlum would, by implication subject other vessels