South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-06-11

American Am ba ssadOr. Berlin:
\ on are instructed 20 deliver text
ually the following note TO the minis
ter OF foreign affairs:
In compliance with your eXcellen-
cy's request / did not fail 70 transmit
10 my government Immediately upon
their receipt your notes of May 2S IN
reply 10 my note Of May Is, and your
supplementary note Of June j, setting
forth the conclusions so far as reach
ed by the imperial German govern
ment concerning the attacks on the
American steamers Cushing and Gull
flight. / am now instructed by my
government TO communicate the fol-
lowing in reply.
The government Of the United
States notes with qualification the full
recognition OF the imperial German
government in discussing the cases Of
the Cushing and the Gulflight Of the
principle OF the freedom Of all parts
Of the open sea 10 neutral ships and
the frank willingness of the imperial
German government 10 acknowledge
and meet its liability where the fact
Of attack upon neutral ships which
have not been guilty Of any hostile
act by German air craft or vessels of
war, is satisfactorily established: and
the government of the United States
viii, in due course. lay before the i'm
perial German government. as 1t re-
quests full information concerning at
tack on the steamer Cushing
Contention il Surprise.
With regard To the sinking of the
steamer Falaba, by which an Ameri-
can citizen lost his life, the govern
ment Of the United States is surprised
TO find the imperial government con
tending that an effort on the part of
a merchantmen TO escape capture and
secure assistance, alters the obligation
of the officer seeking to make the cap
ture IN respect to the safety of the
lives OF those on board the merchant
man, although the vessel had ceased
her attempt To escape when tOTpe-
decd
These are not new circumstances
They have been in the minds of states
men and OF international jurists
throughout the development Of naval
warfare, and the government of the
United States docs not understand
that they have ever been held TO al
ter the principles of humanity upon
which il has insisted. Nothing but
actual fOrcible resistance or continued
efforts to escape by flight when order
ed 10 stop for the purpose of visit on
the part of the merchantmen, has ever
been held TO forfeit the lives OF her
passengers or crew The government
not understand that the imperial Ger
man government is seeking in this
case to relieve itself OF liability but
only intends 20 set forth the circum-
stances which led the commander of
the submarine TO allow himself TO be
hurried into the course which he took.
Held Lusitania Was Armed
Your eXcellencys note. in discuss
ing the loss of American lives result
ing from the sinking of the steamship
Lusitania, adVerts at some length to
certain information which the imper-
ial German government has received
with regard TO character and outfit of
that vessel and your excellency ex-
presses the fear that this information
may not have been brought to the at
tentiOn of the government of the Unit
ed States Ii is stated in the note that
the Lusitania was undoubtedly equip
ped with masked guns. supplied with
trained gunnerS and special ammuni-
ton, transporting troops from Cana
da, carrying a cargo not permitted
under the laws of the United States
10 a vessel also carrying passengers,
and serving, in virtual effect. as an
auxiliary TO he naval forces Of Great
Britain.
Fortunately these are matters con-
corning which the government of the
United States is in position TO give
the imperial German government Of
fetal information. Of the facts al
legged in your excellency's note, if true,
the government of the Cnited States
would have been bound TO take official
cOgnizance in performing its reCOg-
nized duty neutral power and in
enforcing its national laws. 1t was
its duty TO see 10 it that the Lusitania
was not armed for offensive action,
that she was not serving as a trans
u
prohibited by he statutes of the Unit
ed States and that, if in fact she was
a naval vessel OF Great Britain she
should not receive clearanCes as a
merchantmen; and il performed that
duty and enforced its statutes with
INSCRIPTIONS vigilance through its
regularly constituted officials. II is
able. therefore, 10 assure the imperial
German government that il has been
miSinformed.
Awaits German Proof
IF the imperial German govern
ment should deem itself 10 be IN pos
session of convincing evidence that
the officials of the government of the
United States did not perform these
duties with thOrOughness, the govern
ment of the United States sincerely
hopes that it Will submit that evil
dence for consideration.
Whatever may be the contentious
of the imperial German government
regarding the carriage Of contra band
of war on board the LuSitania or re-
garding the explosion OF that material
10y the torpedo il need only be said
that in the view of this government
these contentious are irrelevant 10 the
question of the legality Of the methods
used by the German naval authorities
in sinking the vessel.
But the sinking of passenger ships
involves principles of humanity which
throw into the background any spec
ial circumstances OF detail that may
be thought 10 affect the cases, princi-
pies which lift il. as the imperial Ger
man government Will no doubt be
quick TO recognize and acknowledge,
ont of the class OF ordinary subjects
OF diplomatic discussion or OF inter
national controversy. Whatever be
the other facts REGARDING the Lusi-
tania, the principal fact is that a great
steamer. primarily and chiefly a con
Veyance for passengers. and CARRYING
more than a thousand souls who had
no part or lot in the conduct of the
war. was torpedoed and sunk without
SO much as challenge or a warning,