The undersigned requests the Ambassador to bring the above to the knowledge of the American Government, and avails himself of the opportunity to renew to his Excellency the assurance of his most distinguished consideration.
VON JAGOW.
The American Rejoinder
THE SECRETARY OF STATE AT WASHINGTON TO THE
AMERICAN AMBASSADOR AT BERLIN
DEPARTMENT OF STATE,
Washington, July 21, 1915.
The Secretary of State to Ambassador Gerard:
You are instructed to deliver textually the following note to the Minister for Foreign Affairs:
The note of the Imperial German Government, dated the 8th day 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 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, arrangements for a partial suspension of those principles which virtually set them aside.
The Government of the United States notes with satisfaction that the Imperial German Government recognizes without reservation 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 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 a merchantman must first be ascertained before she can lawfully be seized or destroyed, and that the lives of noncombatants may in no case be put in jeopardy unless the vessel resists or seeks to escape after being summoned to submit to examination, for a belligerent act of retaliation is per se an act beyond the law, and the defense of an act as retaliatory is an admission that it is illegal.