The Spectator., 1915-06-15


 ing the sinking of the Lusitania fol- lows:
 "The Secrot tary of State ad interim to the American Ambassador to Der lin:
 Department of State.
 Washington, D. C., June 9, 1915. American Ambassador, Berlin:
 You are instructed to deliver tex tually the following notesto the minis ter of foreign affairs:
 "In compliance with your excellen- cy's request, I did not fail to transmit to my government immediately upon their receipt your note of May 2S in reply to my note of May 15 and your supplementary note of June 1, set ting forth the conclusions so far as reached by the imperial German gov ernment concerning the attacks on the American steamers Cushing and Gulf light 1 am now instructed by my government to communicate the fol lowing in reply:
 Freedom on Open Sea.
 "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 Gulflight, of the principle of the freedom of all parts of the open sea to neutral ships and the frank willingness of the German 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 aircraft or vessels of war is sat !sfactorily established; and the gov ernment of the United States will in due course lay before the imperial German government, as it requests, full information concerning the at tack on the steamer Cushing.
 Humanity Always Uppermost.
 They have been in the minds of statesmen and of international jurists, throughout the development of naval warfare and the government of the United States does not understand they have ever been held to alter the principles of humanity upon which it has insisted. Nothing but actual TOT cible resistance 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 passen- gers or crew. The government of the United States, however, does not un- derstand that the imperial German government is seeking in this case to relieve itself of liability. but only in tends to set forth the circumstances which led the commander of the sub marine to allow himself to be hur- ried into the course which he took.
 Lusitana's Status Restated.
 Your excellency's 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 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. It is stated in the note that the Lusitania was undoubtedly equipped with masked guns. supplied with trained gunners and special am intuition, transporting troops from Canada. carrying cargo not per mitted under the laws of the United States to a vessel also carrying pas sengers, and serving in virtual eff aCt as an auxiliary to the naval forces of Great Britain. Fortunately, these are matters concerning which the govern ment of the United States is in posi- tion 10 give the imperial German gov ernment official information. Of the facts alleged in your excellency's note. If true, the government would have been bound to taks official cognizance in performing its recognized duty as a neutral power and in enforcing it's nu- tional laws.
 United States Reformed Duties.
 It was its duty to sec to it that the Iusitania was not armed for offensive action, that she was not serving as transport and that she did not carry a cargo prohibited by the statutes of the United States and that if in fact she was a naval vessel of Great Britain she should not receive clearance as a merchantman: and it performed tha, duty and enforced its statutes with scrupulous vigilance through its reg. ularly constituted officials. It is able, therefore. tc assure the imperial Ger man government that it has been mis- informed. If the imperial German gov ernment should deem itself in posses sion of convincing evidence that the officials of the government of the United States did not perform these duties with thoroughness the gov ernment of the United States sincere ly hopes that it will submit the evi- depce for consideration.
 "Whatever may bo the contentious oS tba in,narial German Cpvprunppt