sh admiralty had privately enlightened it as to
whether it had any real basis. Hence Germany's report officially stood
unquestioned.

The defense of Germany was that before sighting the _Arabic_ the
submarine commander had stopped the British steamer _Dunsley_ and was
about to sink her by gunfire, after the crew had left the vessel, when
the _Arabic_ appeared, headed directly toward the submarine. From the
_Arabic's_ movements the commander became convinced that the liner
intended to attack and ram his submarine; whereupon, to forestall such
an attack, he ordered the submarine to dive, and fired a torpedo at
the _Arabic_. After doing so he had convinced himself that the people
on board were being rescued in fifteen boats.

"According to his instructions," the German report continued, "the
commander was not allowed to attack the _Arabic_ without warning and
without saving the passengers' lives unless the ship attempted to
escape or offered resistance. He was forced, however, to conclude from
the attendant circumstances that the _Arabic_ planned a violent attack
on the submarine.

"The German Government most deeply regrets that lives were lost
through the action of the commander. It particularly expresses this
regret to the Government of the United States on account of the death
of American citizens.

"The German Government is unable, however, to acknowledge any
obligation to grant indemnity in the matter, even if the commander
should have been mistaken as to the aggressive intentions of the
_Arabic_.

"If it should prove to be the case that it is impossible for the
German and American Governments to reach a harmonious opinion on this
point, the German Government would be prepared to submit the
difference of opinion, as being a question of international law, to
The Hague Tribunal for arbitration, pursuant to Article 38 of The
Hague Convention for the Pacific Settlement of International Disputes.

"In so doing it assumes that, as a matter of course, the arbitral
decision shall not be admitted to have the importance of a general
decision on the permissibility or the converse under international law
of German submarine warfare."

Here Germany affirmed that submarine commanders were forbidden to
attack liners without warning and safeguarding passengers' lives, but
that commanders could justifiably disregard this precaution if they
deemed that a vessel's movements, designedly or otherwise, jeopardized
the safety of t