ted and distributed October 21, 1915.)"

The German Government found itself compelled ultimately to recognize the
principles insisted upon by the Government of the United States, for,
after considerable correspondence, and on May 4, 1916, (after the
_Sussex_ had been sunk,) the German Government stated:

[Sidenote: The _Sussex_ agreement.]

"The German submarine forces have had in fact, orders to conduct
submarine warfare in accordance with the general principles of visit
and search and destruction of merchant vessels as recognized by
international law, the sole exception being the conduct of warfare
against the enemy trade carried on enemy freight ships that are
encountered in the war zone surrounding Great Britain. * * *

[Sidenote: Merchant ships not to be sunk without warning.]

"The German Government, guided by this idea, notifies the Government of
the United States that the German naval forces have received the
following orders: In accordance with the general principles of visit and
search and destruction of merchant vessels recognized by international
law, such vessels, both within and without the area declared as naval
war zone, shall not be sunk without warning and without saving human
lives, unless these ships attempt to escape or offer resistance. See
Official Communication by German Foreign Office to Ambassador Gerard,
May 4, 1916. (White Book No. 3 of Department of State, pp. 302, 305.)"

[Sidenote: Right to make a prize.]

There is, of course, no doubt as to the right to make prize of an enemy
ship on the high seas, and, under certain conditions, to destroy her,
and equally no doubt of the obligation to safeguard the lives of all
persons aboard, whether passengers or crew.

Two quotations from a long list of authorities may be given for
convenience, one stating the rule and the other the attitude which
obtains among civilized Governments. Oppenheim sets forth as among
violations of the rules of war:

"(12) Attack on enemy merchantmen without previous request to submit to
visit."

The observation in Vattel's "Law of Nations" is peculiarly applicable to
the case of the _Lusitania_:

"Let us never forget that our enemies are men. Though reduced to the
disagreeable necessity of prosecuting our right by force of arms, let us
not divest ourselves of that charity which connects us with all mankind.
Thus shall we courageously defend our country's rights without
violating those of human nature. Let our