, 1915-07-29
AMERICA TO DEFEND RIGHTS,
AND NEXT ATTACK TO BE
"UNPARDoNABLE
oFFENSE."
ASKS FREEDOM OF SEAS
U. s. WILL NOT AGATE ANY
FUNDAMENTAL OR ESSEN
TIAL RIGHT OF ITS
PEOPLE.
western Newspaper Union News 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 it regrets to be
obliged to say that 1t has found 1t
very unsatisfactory, because 1t 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 a 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 a war
zone and the use Of submarines
against merchantmen on the high
seas-the principle that the high seas
are free, hat the character n car
go of a merchantmen must first be as
certained before she can lawfully be
seized or destroyed, and hat 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 e~xamination;
for a belligerent act of retaliation in
per Sc an act beyond the law, and the
defense of an act as retaliatory is an
admission that 1t is illegal.
German View Disappointing.
The government of the United States
is, however, keenly disappointed to
find that the imperial German gov
eminent regards itself as 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-
trail commerce.
The imperial German government
will readily understand that the gov
eminent 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 hat 1t must regard
the conduct of other belligerent gov
ernments as irrelevant to any discus
sion with the imperial German gov
eminent of what this government re-
CARDS as grave and unjustifiable viola
lions of the rights OF American citi-
zens by German naval commanders.
Methods "Unpardonable."
Illegal and inhuman acts, however
justiflable they may be thought to be
against an enemy who is believed to
have acted in c~ontraventiop of law and
humanity, are manifestly indefensible
when they deprive neutrals of their,
acknowledged 8, particularly
when they violate h rights to life
itself.
IL a DelligerenC cannot retallate
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, it 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
tons of the world n 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 it
cannot consent to abate any essential
or fundamental right Of its people be-
cause of a mere alteration of circum-
stance. 81
The rights of neutrals in time of
war are based upon principle. not up
on expediency. and the principles are
immutable.