Following these events, conspicuous by their wantonness and violation of every rule of humanity and maritime warfare, the German Amba.s.sador, by instructions from his Government, on September 1 gave the following a.s.surances to the Government of the United States:
"Liners will not be sunk by our submarines without warning and without safety of the lives of noncombatants, provided that the liners do not try to escape or offer resistance."
[Sidenote: Germany gives a.s.surance of regard for lives of noncombatants.]
On September 9, in a reply as to the submarine attack on the _Orduna_, the German Government renewed these a.s.surances in the following language:
[Sidenote: The _Orduna_ case.]
"The first attack on the _Orduna_ by a torpedo was not in accordance with the existing instructions, which provide that large pa.s.senger steamers are to be torpedoed only after previous warning and after the rescuing of pa.s.sengers and crew. The failure to observe the instructions was based on an error which is at any rate comprehensible and the repet.i.tion of which appears to be out of the question, in view of the more explicit instructions issued in the meantime. Moreover, the commanders of the submarines have been reminded that it is their duty to exercise greater care and to observe carefully the orders issued."
The German Government could not more clearly have stated that liners or large pa.s.senger steamers would not be torpedoed except upon previous warning and after the pa.s.sengers and crew had been put in places of safety.
[Sidenote: Statement about the _William P. Frye_.]
On November 29 the German Government states, in connection with the case of the American vessel _William P. Frye_:
[Sidenote: Germany promises to protect pa.s.sengers.]
"The German naval forces will sink only such American vessels as are loaded with absolute contraband, when the preconditions provided by the Declaration of London are present. In this the German Government quite shares the view of the American Government that all possible care must be taken for the security of the crew and pa.s.sengers of a vessel to be sunk. Consequently the persons found on board of a vessel may not be ordered into her lifeboats except when the general conditions--that is to say, the weather, the condition of the sea, and the neighborhood of the coasts--afford absolute certainty that the boats will reach the nearest port."
[Sidenote: An American Consul drowned.]
Following this acc.u.mulative series of a.s.surances, however, there seems to have been no abatement in the rigor of submarine warfare, for attacks were made in the Mediterranean upon the American steamer _Communipaw_ on December 3, the American steamer _Petrolite_ December 5, the j.a.panese liner _Yasaka Maru_ December 21, and the pa.s.senger liner _Persia_ December 30. In the sinking of the _Persia_ out of a total of some 500 pa.s.sengers and crew only 165 were saved. Among those lost was an American Consul traveling to his post.
On January 7, eight days after the sinking of the _Persia_, the German Government notified the Government of the United States through its Amba.s.sador in Washington as follows:
[Sidenote: Submarines in Mediterranean ordered to respect international law.]
"1. German submarines in the Mediterranean had, from the beginning, orders to conduct cruiser warfare against enemy merchant vessels only in accordance with the general principles of international law, and in particular measures of reprisal, as applied in the war zone around the British Isles, were to be excluded.
"2. German submarines are therefore permitted to destroy enemy merchant vessels in the Mediterranean, _i. e._, pa.s.senger as well as freight ships as far as they do not try to escape or offer resistance--only after pa.s.sengers and crews have been accorded safety."
Clearly the a.s.surances of the German Government that neutral and enemy merchant vessels, pa.s.senger as well as freight ships, should not be destroyed except upon the pa.s.sengers and crew being accorded safety stood as the official position of the Imperial German Government.
[Sidenote: Germany offers indemnity for Americans lost on _Lusitania_.]
On February 16, 1916, the German Amba.s.sador communicated to the Department of State an expression of regret for the loss of American lives on the _Lusitania_, and proposed to pay a suitable indemnity. In the course of this note he said:
"Germany has * * * limited her submarine warfare because of her long-standing friendship with the United States and because by the sinking of the _Lusitania_, which caused the death of citizens of the United States, the German retaliation affected neutrals, which was not the intention, as retaliation should be confined to enemy subjects."
[Sidenote: French unarmed _Patria_ attacked.]
[Sidenote: The _Suss.e.x_ torpedoed without warning.]
On March 1, 1916, the unarmed French pa.s.senger steamer _Patria_, carrying a number of American citizens, was attacked without warning. On March 9 the Norwegian bark _Silius_, riding at anchor in Havre Roads, was torpedoed by an unseen submarine and one of the seven Americans on board was injured. On March 16 the Dutch pa.s.senger steamer _Tubantia_ was sunk in the North Sea by a torpedo. On March 16 the British steamer _Berwindale_ was torpedoed without warning off Bantry Island with four Americans on board. On March 24 the British unarmed steamer _Englishman_ was, after a chase, torpedoed and sunk by the submarine _U-19_, as a result of which one American on board perished. On March 24 the unarmed French cross-Channel steamer _Suss.e.x_ was torpedoed without warning, several of the twenty-four American pa.s.sengers being injured. On March 27 the unarmed British liner _Manchester Engineer_ was sunk by an explosion without prior warning, with Americans on board, and on March 28 the British steamer _Eagle Point_, carrying a Hotchkiss gun, which she did not use, was chased, overtaken, and sunk by a torpedo after the persons on board had taken to the boats.
[Sidenote: America will hold Germany responsible.]
The American note of February 10, 1915, stated that should German vessels of war "destroy on the high seas an American vessel or the lives of American citizens it would be difficult for the Government of the United States to view the act in any other light than an indefensible violation of neutral rights which it would be very hard, indeed, to reconcile with the friendly relations so happily subsisting between the two Governments," and that if such a deplorable situation should arise, "the Government of the United States would be constrained to hold the Imperial Government to a strict accountability for such acts of their naval authorities."
In the American note of May 13, 1915, the Government stated:
"The imperial Government will not expect the Government of the United States to omit any word or act necessary to the performance of its sacred duty of maintaining the rights of the United States and its citizens and in safeguarding their free exercise and enjoyment."
In the note of July 21, 1915, the United States Government said that--
"Repet.i.tion by the commanders of German naval vessels of acts in contravention of those rights must be regarded by the Government of the United States, when they affect American citizens, as deliberately unfriendly."
In a communication of April 18, 1916, the American Government said:
[Sidenote: The United States insists on regard for international law.]
"If it is still the purpose of the Imperial Government to prosecute relentless and indiscriminate warfare against vessels of commerce by the use of submarines without regard to what the Government of the United States must consider the sacred and indisputable rules of international law and the universally recognized dictates of humanity, the Government of the United States is at last forced to the conclusion that there is but one course it can pursue. Unless the Imperial Government should not immediately declare and effect an abandonment of its present methods of submarine warfare against pa.s.senger and freight carrying vessels the Government of the United States can have no choice but to sever diplomatic relations with the German Empire altogether."
[Sidenote: Germany gives definite a.s.surances.]
The German Government replied to this communication on May 4, 1916, giving definite a.s.surances that new orders had been issued to the German naval forces "in accordance with the general principles of visit and search and the destruction of merchant vessels recognized by international law." And this agreement was substantially complied with for many months, but finally, on January 31, 1917, notice was given that after the following day--
[Sidenote: The notice of January 31, 1917.]
"Germany will meet the illegal measures of her enemies by forcibly preventing in a zone around Great Britain, France, Italy, and in the Eastern Mediterranean all navigation, that of neutrals included, from and to England and from and to France, &c. All ships met within that zone will be sunk."
In view of this Government"s warning of April 18, 1916, and the Imperial German Government"s pledge of May 4 of the same year, the Government of the United States, on February 3, 1917, stated to the Imperial German Government that--
[Sidenote: The course of the United States.]
"In view of this declaration, which withdraws suddenly and without prior intimation the solemn a.s.surance given in the Imperial Government"s note of May 4, 1916, this Government has no alternative consistent with the dignity and honor of the United States but to take the course which it explicitly announced in its note of April 18, 1916, it would take in the event that the Imperial Government did not declare and effect an abandonment of the methods of submarine warfare then employed and to which the Imperial Government now purposes again to resort.
[Sidenote: Diplomatic relations with Germany severed.]
"The President has, therefore, directed me to announce to your Excellency that all diplomatic relation between the United States and the German Empire are severed, and that the American Amba.s.sador at Berlin will be immediately withdrawn, and, in accordance with such announcement, to deliver to your Excellency your pa.s.sports."
[Sidenote: American ships torpedoed.]
On February 3 one American ship was sunk, and since that date six American ships flying the American flag have been torpedoed, with a loss of about thirteen American citizens. In addition, fifty or more foreign vessels of both belligerent and neutral nationality with Americans on board have been torpedoed, in most cases without warning, with a consequent loss of several American citizens.
[Sidenote: German officials violate laws of United States.]
Since the beginning of the war German officials in the United States have engaged in many improper activities in violation of the laws of the United States and of their obligations as officials in a neutral country. Count von Bernstorff, the German Amba.s.sador, Captain von Papen, Military Attache of the emba.s.sy, Captain Boy-Ed, Naval Attache, as well as various Consular officers and other officials, were involved in these activities, which were very widespread.
The following instances are chosen at random from the cases which have come to the knowledge of the Government:
[Sidenote: The German Emba.s.sy furnishes funds to be used illegally.]
I. By direct instruction received from the Foreign Office in Berlin the German Emba.s.sy in this country furnished funds and issued orders to the Indian Independence Committee of the Indian Nationalist Party in the United States. These instructions were usually conveyed to the committee by the military information bureau in New York (von Igel), or by the German Consulates in New York and San Francisco.
[Sidenote 1: Indian revolutionary propaganda.]