The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-11

washington, June 1.-The text OF
the American rejoinder to the Ger
man governments reply to the note
following the sinking of the Lusltanla
follows:
1.-The secretary of state ad interim
to the American ambassador TO Ber-
lin:
Department of State, Washington,
June 9, 1915.
American Ambassador, Berlin:
you are instructed to deliver tex
tually the following note to the minis
ter of foreign affairs:
f1n compliance with your excel
lency's request, / did not fail to trans
NIT to my government, Immediately
upon the receipt of it, your note OF
Nav IS, in reply to my note OF May
Is, and your supplementary note of
June 1, setting forth the conclus1ons
so far as reached by the Imperial
attacks on the American steamers
Gushing and Gulfl;ght. 1 am now in
structed by my government TO co1n-
municate the following in reply:
THE government of the United
States notes with qualification the full
recognition by the imperial German
government, in discussing the cases
of the Cushing and the Gulfllght, OF
thu principle of the freedom or all
parts of the ocean sea to neutral ships
and the frank willingness OF the I'M
perial government to acknowledge ana
meet it's liability where the fact OF
not been guilty of any hostile act, by
German aircrafts or vessels OF war is
satisfa ctorily established, and the gov
eminent of the United States Will, IN
due course, lay before the Imperial
German government, as 1t requests
full Information concerning the at
tack on the American steamer Cush-
ing.
United States Is Surprised.
with regard to the sinking of the
NV xxrT1j Amerl
can citizen lost his life, the govern
ment of the United States is surprised
to find the imperial German govern
ment contending that an effort on the
mart of the merchantmen to escape
CAPTURE or secure assistance alters the
obligations of the officer seeking 10
make the capture in respect OF the
safety of the lives of those on Doaro
the merchantmen. although the yes
sci has ceased her attempt to escape
when torpedoed. These are not new
circumstances They have been in
the minds of statesmen and OF inter-
national jurists throughout the naVal
warfare and the government or the
United states does not understand that
they have ever been held to after the
principles CT humanity upon which II
has insisted Nothing but actual
forcible resistance to, or continued ef-
forts to, escape by flight when ordered
to stop for the purpose or visit on tne
part of the merchantmen mas ever
Messengers or crew. The government
Of the United States, however,
does not understand that the I'M
perial German government is SEEK
ing in this case to relieve itself
of liability but only intends to set
forth the circumstances which led the
commander of the submarine to allow
himself to be hurried into the course
which he took
Iusitania Not Armed.
ing the loss of American lives result
ing from the sinking of the steamship
Iusitania adverts at some length 10
certain information which the I'M
perial German government mas re-
ceived with regard to the character
and outfit of the vessel, and your ex-
celIency expresses the fear that this
information may not have been
brought to the attention OF the gov
eminent of the United states.
lit is said in the note that the Lusl-
tania was undoubtedly equipped with
masked guns, supplied with trained
gunners and special ammunition, trans
porting troops from Canada, carrying
a cargo not permitted under the laws
of The United States by vessels also
carving passengers, and serving IN
virtual effect as an auxiliary TO tne
naval forces of Great Britain. For
tunately, these are matters concern
ing which the government OF the
United States is in position to give
the imperial German government Of
fetal information.
"Of the facts alleged in your excel
lency's note, it is true the government
of the United States would have been
bound to take official cognizance in
performing it's recognized duty as a
neutral and in enforcing it's national
laws. 1t was it's duty to see to it that
the Lusitania was not armed for Of
fensive action: that she was not serv-
ing as a transport; that she did not
ia f.
utes of the United States and that, if
in fact she was a naval vessel of Great
Britain, she should not receive clear
ance as a merchantmen; and it per-
formed that duty and enforced its