The Colorado statesman., 1915-06-12
REJOINDER TO
GERMAN NOTE
A S S U r A N ES ASKED THAT
"AMERICAN LIVES AND AMER
IcAN SHIPS" WILL BE
SAFEGUARDED.
FULL TEXT OF MESSAGE
ToRPEDOING OF LUSITANIA DE-
cLARED OUT OF ORDINARY
GLASS OF SUBJECTS FOR
DIPLOMATIC DISCUSSION.


ond note sent to Germany:
The secretary OF state, ad interim to
the American am Dassador at Berlin:
Department OF STATE, Washington,
June 8, 1915.
American Ambassador, Berlin: You
are instructed TO uenver JeXtually the
following note TO the minister OF for
eign affairs:
IN compliance with your eXcellency's
request, 1 did not fan to transmit to
my government Immediately upon the
receipt OF your note OF May Is in re-
ply to my note OF May 10, and your
supplementary note of June l. setting
forth the conclusions SO far as reached
by the imperial German government
concerning the attacks on the Amer
lean steamers Cushing and Outright
| am now instructed by my govern
ment to communicate the following in
reply:
Principle in GuIflisht Case.
The government OF the United
States notes with qualification the full
recognition by the imperial German
government, in discussing the cases OF
the Gushing and the Gulflight, of the
principle of the freedom of all parts
of the open sea to neutral ships and
the frank willingness of the imperial
government to acknowledge and meet
its liability where the fact of attack
upon neutral ships which have not
been guilty of any hostile act by Ger
man aircrafts or vessels of war is sat
isfactorily established; and the gov
eminent of the United States will in
due course lay before the imperial Ger
man government, as it requests, full
Ill.
the steamer Gushing.
With regard to the sinking of the
steamer Falaba by which an American
citizen lost his lite, the government of
the United States is surprised TO find
the imperial German government con-
tending that an effort on the part of
the merchantmen to escape capture
and secure assistance alters the obi
CATION of the officer seeking to make
the capture in respect of the safety
of the lives of those on board the
merchantmen, although the vessel has
ceased her attempt to escape when
torpedoed.
These are not new circumstances.
They have been in the minds of
statesmen and of international jurists
throughout the naval warfare and the
not understand that they have ever
been held to alter the principles of hui
manity upon which it has insisted.
Nothing but actual, forcible resist
ance or continued efforts to escape by
flight when ordered to 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 of the United
States, however, does not understand
that the imperial German government
is seeking in this case to relieve it's
self 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.
Your eXcellency's note, in discussing
the loss of American lives resulting
from the sinking of the steamship Lu-
sitania, adverts at some length to GER
tain information which the imperial
German government has received with
regard to the character and outfit of
that vessel, and your eXcellency ex.
presses the fear that this information
may not have been brought to the
attention of the government of the
United States.
1t is stated in the note that the
Lusitania was undoubtedly equipped
with masked guns, supplied with
trained gunners and special ammuni-
ton, transporting troops from Canada,
carrying a cargo not permitted under
the laws of the United States to a YES
sci also carrying passengers, and serv-
ing; in virtual effect, Us an auxiliary
to the naval forces of Great Britain.
information Held by America.
Fortunately, these are matters con-
corning which the government of the
United States is in a position to give
the imperial German government of
fetal information
OF the facts alleged in your excel
lency's note. if true, the government
of the United States would have been
bound to take official cognizance in
performing its recognized duty as a
neutral power and in enforcing its
national laws
II was its duty to see to it that the
Lusitania was not armed for offens-
i've action: that she was not serving
as transport: that she did not carry
cargo prohibited by the statutes of
the United States and that. If in fact
she was q naval vessel of Great Brit
ain she should not receive clearance
as merchantmen: and it performed
that duty and enforced its statutes
with scrupulous vigilance through it's
regularly constituted officials
Submission of Evidence Suggested.
1t is able, therefore to assure the
imperial German government that it
has been misinformed. If the imperial
German government should deem it's
self to be in possession of convincing
evidence that the officials of the gov
eminent of the United States did not
perform these duties with thorough
ness, the government of the United
States sincerely hopes that it will