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.
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
when 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 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 it must
regard the conduct of other belligerent governments as irrelevant to
any discussion with the Imperial German Government of what this
Government regards as grave and unjustifiable violations of the
rights of American citizens by German naval commanders.
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 right to life itself. If a belligerent cannot retaliate against 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 unpardonable offense against the sovereignty of the
neutral nation affected.
The Government of the United States is not unmindful of the
extraordinary conditions created by this war or of the radical
alterations of circumstance 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 international 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
because of a mere alteration of circumstanc
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