[60] Long ago--in 1870--Fustel de Coulanges pointed out that the crime which, to use the words of our law, “is not to be named among Christians,” flourished in Berlin as it flourished nowhere else, and the immorality of latter-day Germany was the subject of a mournful lamentation by Treitschke in his old age. An acute student of modern Germany, Dr. Arthur Shadwell, also remarks on the low commercial morality of German merchants (_see_ the _Nineteenth Century and After_ for August, 1915). [61] It is a curious fact, attested by the evidence of a large number of British and French soldiers who have been in action, that the German soldier often exhibits the most abject fear when confronted individually with the bayonet, going down on his knees, and whining “Kamerad,” “Mercy,” and such like lachrymose appeals. [62] Bryce Appendix, “Depositions taken by Professor Morgan,” page 195. [63] Belgian Reports (Tenth Report), page 119. To the same effect the British and French Reports, _passim_. [64] Admiralty Memorandum, August 21st. Commander’s report on the stranding of _E_13. [65] _See_ Belgian Reports and Bryce Report. [66] The writer has brought together a number of such passages in his preface to the _German War Book_. For others _see Les Usages de la Guerre et la doctrine de l’Etat-Major Allemand_, by Professor Charles Andler (Paris, 1915). _Also_ Chapter I. of “_Les Cruautés Allemandes, Requisitoire d’un neutre_,” by Léon Maccas (Paris, 1915). And more especially the extremely valuable book published, at the moment of going to press, by an eminent French scholar, the Marquis de Dampierre, _L’Allemagne et le Droit des Gens_, a copy of which has just reached me. [67] Sorel, _Essais d’histoire et de critique_, p. 271. [68] German Proclamation of August 27th, 1914, at Wavre (Belgian Reports, No. 6, page 82). In the Proclamation at Namur of August 25th, 1914, the German commandant, von Bulow, warns the inhabitants against “the horrible crime” of compromising by their conduct the existence of the town and its inhabitants! [69] _Ibid._, page 81. [70] _See_ p. 123. [71] Holtzendorff, IV., 378. [72] French Reports, _Rapports et Proces-verbaux_, p. 40. [73] _cf._ the reply of the Roman Senate to the offer of a German chief to poison Arminius, “Responsum esse non fraude neque occultis, sed palam et armatum populum Romanum hostes suos ulcisci.” Tacit., _Ann._, II., p. 88. [74] _See_ the British White Paper of September 21st, 1915; “Austrian and German papers found in possession of James F. J. Archibald, Falmouth, August 30th, 1915.” [75] Professor Salmond in the _Law Quarterly Review_. [76] Mr. Justice Bailhache in the _King_ v. _the Superintendent of Vine Street Police Station_. “The courts are entitled to take judicial notice of certain notorious facts. Spying has become the hall-mark of German Kultur.” September 7th, 1915.