Gilpin observer., 1915-07-29
final Warming
SENT TO KAISER
AMERICA TO DEFEND RIGHTS,
AND NEXT ATTACK TO BE
"UNPARDoNABLE
oFFENsE."
ASKS FREEDOM OF SEAS
U. s. WILL NOT ABATE Any
FUNDAMENTAL OR ESSEN
TiAL RIGHT OF ITS
PEOPLE.
Western Newspaper Union New. Service.

Western Newspaper Union News Service
Berlin, July 24.-The American note
warning Germany to respect U. s.
rights was delivered by Ambassador
Gerard to Minister of Foreign Affairs
Won Jagow. The full text follows:
Department of State, Washington.
July 21, 1915. The Secretary of
State to Ambassador Gerard:
You are instructed to deliver text
ually the following note to the minis
ter Of foreign affairs:
The note of the imperial German
government dated the Sth Of July,
1915, has received the careful consid-
Grafton of the government Of the
United States, and 1t regrets to be
obliged to say that 1t has found 1t
very unsatisfactory, because it fails to
meet the real differences between the
two governments, and indicates no
way in which the accepted principles
OF law and humanity may be applied
in the grave matter in controversy,
but proposes, on the contrary. ar
rangements for partial suspension
Of those principles which virtually set
them aside.
Validity Of Principles Recognized.
The government Of the United
States notes with satisfaction that
the imperial German government rec
ognizes without reservation the vail
dity Of the principles insisted upon in
the several communications which
this government has addressed to the
imperial German government with re-
gard to its announcement of 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 car
go Of merchantmen must first be as
certained 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-
sists or seeks to escape after being
summoned to submit to examination;
for belligerent act of retaliation in
per Sc an act beyond the law, and the
defense of an act as retaliatory is an
admission that it is illegal.
German View Disappointing.
The government of the United States
Is, however, keenly disappointed 10
find that the imperial German gov
ernment regards itself es in large de
gree 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 neu-
tral commerce.
The imperial German government
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.
trail trade except with that govern.
ment itself, and that 1t must regard
the conduct OF other belligerent gov.
ernments as irrelevant to any discus
sion with the imperial German gov.
ernment of what this government re
CARDS as grave and unjustifiable viola
tions of the rights OF American citi
zens by German naval commanders.
Methods "unpardonabIe."
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 indefensible
when they deprive neutrals of their
acknowledged rights. particularly
when they violate the rights to life
itself.
If belligerent cannot retaliate
a.ainst an enemy without injuring the
lives of neutrals as well as their
property, humanity, as well as justice
and a due regard for the dignity of
neutral powers, should dictate that the
practice be discontinued.
If persisted in, 1t would in such
circumstances constitute an unpar-
donable offense against the sovereign
ty of the neutral nation affected.
The government of the United
States is not unmindful of the extra
ordinary conditions created by this
war or of the radical alterations of
circumstances and method of attack
produced by the use of instrumental
tiles OF naval warfare which the ma
tions Of the world cannot have had in
view when the existing rules of inter
national law were formulated, and 1t
Is ready to make every reasonable al
lowance for these novel and unex-
pected aspects of war at sea; but 1t
cannot consent to abate any essential
or fundamental right Of its people be-
cause Of mere alteration of circum-
stance.
The rights of neutrals in time Of
war are based upon principle, not up
on expediency, and the principles are
immutable.