New York Times Current History; The European War, Vol 2, No. 5, August, 1915
Part 1
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Transcriber's Note:
Archaic spellings of place names have been retained as they appear in the original.
A table of contents has been provided for the reader's convenience.
The New York Times
CURRENT HISTORY
A Monthly Magazine
THE EUROPEAN WAR
AUGUST, 1915
CONTENTS
THE LUSITANIA CASE
The American Rejoinder
German and American Press Opinion
Austria-Hungary's Protest
Armenian, Orduna, and Others
Results of Submarine Warfare
In Memoriam: REGINALD WARNEFORD
American Preparedness
First Year of the War
Inferences from Eleven Months of the European Conflict
"Revenge for Elisabeth!"
A Year of the War in Africa and Asia
An "Insult" to War
The Drive at Warsaw
Naval Losses During the War
Battles in the West
France's "Eyewitness" Reports
The Crown Prince in the Argonne
Gallipoli's Shambles
Italy's War on Austria
The Task of Italy
Two Devoted Nations
Rumania, Serbia, Bulgaria, Greece
Dr. Conybeare's Recantation
The Case of Muenter
Devotion to the Kaiser
Scientists and the Military
Hudson Maxim on Explosives
Thor!
"I am the Gravest Danger"
THE EUROPEAN WAR AS SEEN BY CARTOONISTS
The Belligerents' Munitions
The Power of the Purse
Cases Reserved
New Recruiting in Britain
American War Supplies
Magazinists of the World on the War
Germany's Long-Nourished Powers
"To Avenge"
The Pope, the Vatican, and Italy
Are the Allies Winning?
Selling Arms to the Allies
War and Non-Resistance
"Good Natured Germany"
Italy's Defection
Apologies for English Words
Germanic Peace Terms
France's Bill of Damages
A French Rejoinder
Dr. Von Bode's Polemic
"Carnegie and German Peace"
Russia's Supply of Warriors
Austria and the Balkans
Italy's Publications in War-Time
Sweden and the Lusitania
A Threatened Despotism of Spirit
"Gott Mit Uns"
On the Psychology of Neutrals
Chlorine Warfare
Rheims Cathedral
The English Falsehood
Calais or Suez?
Note on the Principle of Nationality
Singer of "La Marseillaise"
Depression--Common-Sense and the Situation
The War and Racial Progress
The English Word, Thought, and Life
Evviva L'Italia
Who Died Content!
"The Germans, Destroyers of Cathedrals"
Chronology of the War
THE LUSITANIA CASE
The American Note to Berlin of July 21
Steps Leading Up to President Wilson's Rejection of Germany's Proposals
The German Admiralty on Feb. 4 proclaimed a war zone around Great Britain announcing that every enemy merchant ship found therein would be destroyed "without its being always possible to avert the dangers threatening the crews and passengers on that account."
The text of this proclamation was made known by Ambassador Gerard on Feb. 6. Four days later the United States Government sent to Germany a note of protest which has come to be known as the "strict accountability note." After pointing out that a serious infringement of American rights on the high seas was likely to occur, should Germany carry out her war-zone decree in the manner she had proclaimed, it declared:
"If such a deplorable situation should arise, the Imperial German Government can readily appreciate that the Government of the United States would be constrained to hold the Imperial German Government to a strict accountability for such acts of their naval authorities and to take any steps it might be necessary to take to safeguard American lives and property and to secure to American citizens the full enjoyment of their acknowledged rights on the high seas."
The war-zone decree went into effect on Feb. 18. Two days later dispatches were cabled to Ambassador Page at London and to Ambassador Gerard at Berlin suggesting that a modus vivendi be entered into by England and Germany by which submarine warfare and sowing of mines at sea might be abandoned if foodstuffs were allowed to reach the German civil population under American consular inspection.
Germany replied to this on March 1, expressing her willingness to act favorably on the proposal. The same day the British Government stated that because of the war-zone decree of the German Government the British Government must take measures to prevent commodities of all kinds from reaching or leaving Germany. On March 15 the British Government flatly refused the modus vivendi suggestion.
On April 4 Count von Bernstorff, the German Ambassador at Washington, submitted a memorandum to the United States Government regarding German-American trade and the exportation of arms. Mr. Bryan replied to the memorandum on April 21, insisting that the United States was preserving her strict status of neutrality according to the accepted laws of nations.
On May 7 the Cunard steamship Lusitania was sunk by a German submarine in the war zone as decreed by Germany, and more than 100 American citizens perished, with 1,000 other persons on board.
Thereupon, on May 13, the United States transmitted to the German Government a note on the subject of this loss. It said:
"American citizens act within their indisputable rights in taking their ships and in traveling wherever their legitimate business calls them upon the high seas, and exercise those rights in what should be the well justified confidence that their lives will not be endangered by acts done in clear violation of universally acknowledged international obligations, and certainly in the confidence that their own Government will sustain them in the exercise of their rights."
This note concluded:
"The Imperial Government will not expect the Government of the United States to omit any word or any act necessary to the performance of its sacred duty of maintaining the rights of the United States and its citizens and of safeguarding their free exercise and enjoyment."
Germany replied to this note on May 29. It stated that it had heard that the Lusitania was an armed naval ship which had attempted to use American passengers as a protection, and that, anyway, such passengers should not have been present. It added:
"The German commanders are consequently no longer in a position to observe the rules of capture otherwise usual and with which they invariably complied before this."
To the foregoing the United States maintained in a note sent to the German Government on June 9 that the Lusitania was not an armed vessel and that she had sailed in accordance with the laws of the United States, and that "only her actual resistance to capture or refusal to stop when ordered to do so ... could have afforded the commander of the submarine any justification for so much as putting the lives of those on board the ship in jeopardy."
In support of this view the note cited international law and added:
"It is upon this principle of humanity, as well as upon the law founded upon this principle, that the United States must stand."
Exactly one month later, on July 9, came Germany's reply. Its preamble praised the United States for its humane attitude and said that Germany was fully in accord therewith. Something, it asserted, should be done, for "the case of the Lusitania shows with horrible clearness to what jeopardizing of human lives the manner of conducting war employed by our adversaries leads," and that under certain conditions which it set forth, American ships might have safe passage through the war zone, or even some enemy ships flying the American flag. It continued:
"The Imperial Government, however, confidently hopes the American Government will assume to guarantee that these vessels have no contraband on board, details of arrangements for the unhampered passage of these vessels to be agreed upon by the naval authorities of both sides."
It is to this reply that the note of the United States Government made public on July 24 is an answer.
Germany's reply of July 8 and President Wilson's final rejoinder of July 21--which was given to the American press of July 24--are presented below, together with accounts of the recent German submarine attacks on the ships Armenian, Anglo-Californian, Normandy, and Orduna, involving American lives, and an appraisal of the German operations in the submarine "war zone" since February 18, 1915, when it was proclaimed. Also Austro-Hungary's note of June 29, protesting against American exports of arms, and an account of American and German press opinion on the Lusitania case are treated hereunder.
THE GERMAN MINISTER FOR FOREIGN AFFAIRS TO THE AMERICAN AMBASSADOR AT BERLIN
BERLIN, July 8, 1915.
The undersigned has the honor to make the following reply to his Excellency Ambassador Gerard to the note of the 10th ultimo re the impairment of American interests by the German submarine war:
The Imperial Government learned with satisfaction from the note how earnestly the Government of the United States is concerned in seeing the principles of humanity realized in the present war. Also this appeal finds ready echo in Germany, and the Imperial Government is quite willing to permit its statements and decisions in the present case to be governed by the principles of humanity just as it has done always.
The Imperial Government welcomed with gratitude when the American Government, in the note of May 15, itself recalled that Germany had always permitted itself to be governed by the principles of progress and humanity in dealing with the law of maritime war.
Since the time when Frederick the Great negotiated with John Adams, Benjamin Franklin, and Thomas Jefferson the Treaty of Friendship and Commerce of September 9, 1785, between Prussia and the Republic of the West, German and American statesmen have, in fact, always stood together in the struggle for the freedom of the seas and for the protection of peaceable trade.
In the international proceedings which since have been conducted for the regulation of the laws of maritime war, Germany and America have jointly advocated progressive principles, especially the abolishment of the right of capture at sea and the protection of the interests of neutrals.
Even at the beginning of the present war the German Government immediately declared its willingness, in response to proposals of the American Government, to ratify the Declaration of London and thereby subject itself in the use of its naval forces to all the restrictions provided therein in favor of neutrals.
Germany likewise has been always tenacious of the principle that war should be conducted against the armed and organized forces of an enemy country, but that the enemy civilian population must be spared as far as possible from the measures of war. The Imperial Government cherishes the definite hope that some way will be found when peace is concluded, or perhaps earlier, to regulate the law of maritime war in a manner guaranteeing the freedom of the seas, and will welcome it with gratitude and satisfaction if it can work hand in hand with the American Government on that occasion.
If in the present war the principles which should be the ideal of the future have been traversed more and more, the longer its duration, the German Government has no guilt therein. It is known to the American Government how Germany's adversaries, by completely paralyzing peaceful traffic between Germany and neutral countries, have aimed from the very beginning and with increasing lack of consideration at the destruction not so much of the armed forces as the life of the German nation, repudiating in doing so all the rules of international law and disregarding all rights of neutrals.
On November 3, 1914, England declared the North Sea a war area, and by planting poorly anchored mines and by the stoppage and capture of vessels, made passage extremely dangerous and difficult for neutral shipping, thereby actually blockading neutral coasts and ports contrary to all international law. Long before the beginning of submarine war England practically completely intercepted legitimate neutral navigation to Germany also. Thus Germany was driven to a submarine war on trade.
On November 14, 1914, the English Premier declared in the House of Commons that it was one of England's principal tasks to prevent food for the German population from reaching Germany via neutral ports. Since March 1 England has been taking from neutral ships without further formality all merchandise proceeding to Germany, as well as all merchandise coming from Germany, even when neutral property. Just as it was also with the Boers, the German people is now to be given the choice of perishing from starvation with its women and children or of relinquishing its independence.
While our enemies thus loudly and openly proclaimed war without mercy until our utter destruction, we were conducting a war in self-defense for our national existence and for the sake of peace of an assured permanency. We have been obliged to adopt a submarine warfare to meet the declared intentions of our enemies and the method of warfare adopted by them in contravention of international law.
With all its efforts in principle to protect neutral life and property from damage as much as possible, the German Government recognized unreservedly in its memorandum of February 4 that the interests of neutrals might suffer from the submarine warfare. However, the American Government will also understand and appreciate that in the fight for existence, which has been forced upon Germany by its adversaries and announced by them, it is the sacred duty of the Imperial Government to do all within its power to protect and save the lives of German subjects. If the Imperial Government were derelict in these, its duties, it would be guilty before God and history of the violation of those principles of highest humanity which are the foundation of every national existence.
The case of the Lusitania shows with horrible clearness to what jeopardizing of human lives the manner of conducting war employed by our adversaries leads. In the most direct contradiction of international law all distinctions between merchantmen and war vessels have been obliterated by the order to British merchantmen to arm themselves and to ram submarines, and the promise of rewards therefor, and neutrals who use merchantmen as travelers thereby have been exposed in an increasing degree to all the dangers of war.
If the commander of the German submarine which destroyed the Lusitania had caused the crew and passengers to take to the boats before firing a torpedo this would have meant the sure destruction of his own vessel. After the experiences in sinking much smaller and less seaworthy vessels it was to be expected that a mighty ship like the Lusitania would remain above water long enough, even after the torpedoing, to permit passengers to enter the ship's boats. Circumstances of a very peculiar kind, especially the presence on board of large quantities of highly explosive materials, defeated this expectation.
In addition it may be pointed out that if the Lusitania had been spared, thousands of cases of munitions would have been sent to Germany's enemies and thereby thousands of German mothers and children robbed of breadwinners.
In the spirit of friendship wherewith the German nation has been imbued toward the Union (United States) and its inhabitants since the earliest days of its existence, the Imperial Government will always be ready to do all it can during the present war also to prevent the jeopardizing of lives of American citizens.
The Imperial Government, therefore, repeats the assurances that American ships will not be hindered in the prosecution of legitimate shipping and the lives of American citizens in neutral vessels shall not be placed in jeopardy.
In order to exclude any unforeseen dangers to American passenger steamers, made possible in view of the conduct of maritime war by Germany's adversaries, German submarines will be instructed to permit the free and safe passage of such passenger steamers when made recognizable by special markings and notified a reasonable time in advance. The Imperial Government, however, confidently hopes that the American Government will assume to guarantee that these vessels have no contraband on board, details of arrangements for the unhampered passage of these vessels to be agreed upon by the naval authorities of both sides.
In order to furnish adequate facilities for travel across the Atlantic for American citizens, the German Government submits for consideration a proposal to increase the number of available steamers by installing in passenger service a reasonable number of neutral steamers under the American flag, the exact number to be agreed upon under the same condition as the above-mentioned American steamers.
The Imperial Government believes it can assume that in this manner adequate facilities for travel across the Atlantic Ocean can be afforded American citizens. There would, therefore, appear to be no compelling necessity for American citizens to travel to Europe in time of war on ships carrying an enemy flag. In particular the Imperial Government is unable to admit that American citizens can protect an enemy ship through the mere fact of their presence on board.
Germany merely followed England's example when she declared part of the high seas an area of war. Consequently, accidents suffered by neutrals on enemy ships in this area of war cannot well be judged differently from accidents to which neutrals are at all times exposed at the seat of war on land, when they betake themselves into dangerous localities in spite of previous warnings. If, however, it should not be possible for the American Government to acquire an adequate number of neutral passenger steamers, the Imperial Government is prepared to interpose no objections to the placing under the American flag by the American Government of four enemy passenger steamers for passenger traffic between North America and England. Assurances of "free and safe" passage for American passenger steamers would then extend to apply under the identical pro-conditions to these formerly hostile passenger steamers.
The President of the United States has declared his readiness, in a way deserving of thanks, to communicate and suggest proposals to the Government of Great Britain with particular reference to the alteration of maritime war. The Imperial Government will always be glad to make use of the good offices of the President, and hopes that his efforts in the present case as well as in the direction of the lofty ideal of the freedom of the seas, will lead to an understanding.
The undersigned requests the Ambassador to bring the above to the knowledge of the American Government, and avails himself of the opportunity to renew to his Excellency the assurance of his most distinguished consideration.
VON JAGOW.
The American Rejoinder
THE SECRETARY OF STATE AT WASHINGTON TO THE AMERICAN AMBASSADOR AT BERLIN
DEPARTMENT OF STATE, Washington, July 21, 1915.
The Secretary of State to Ambassador Gerard:
You are instructed to deliver textually the following note to the Minister for Foreign Affairs:
The note of the Imperial German Government, dated the 8th day of July, 1915, has received the careful consideration of the Government of the United States, and it regrets to be obliged to say that it has found it very unsatisfactory, because it fails to meet the real differences between the two Governments, and indicates no way in which the accepted principles of law and humanity may be applied in the grave matter in controversy, but proposes, on the contrary, arrangements for a partial suspension of those principles which virtually set them aside.
The Government of the United States notes with satisfaction that the Imperial German Government recognizes without reservation the validity of the principles insisted on in the several communications which this Government has addressed to the Imperial German Government with regard to its announcement of a war zone and the use of submarines against merchantmen on the high seas--the principle that the high seas are free, that the character and cargo of a merchantman must first be ascertained before she can lawfully be seized or destroyed, and that the lives of noncombatants may in no case be put in jeopardy unless the vessel resists or seeks to escape after being summoned to submit to examination, for a belligerent act of retaliation is per se an act beyond the law, and the defense of an act as retaliatory is an admission that it is illegal.
The Government of the United States is, however, keenly disappointed to find that the Imperial German Government regards itself as in large degree exempt from the obligation to observe these principles, even when neutral vessels are concerned, by what it believes the policy and practice of the Government of Great Britain to be in the present war with regard to neutral commerce. The Imperial German Government will readily understand that the Government of the United States cannot discuss the policy of the Government of Great Britain with regard to neutral trade except with that Government itself, and that it must regard the conduct of other belligerent governments as irrelevant to any discussion with the Imperial German Government of what this Government regards as grave and unjustifiable violations of the rights of American citizens by German naval commanders.
Illegal and inhuman acts, however justifiable they may be thought to be, against an enemy who is believed to have acted in contravention of law and humanity, are manifestly indefensible when they deprive neutrals of their acknowledged rights, particularly when they violate the right to life itself. If a belligerent cannot retaliate against an enemy without injuring the lives of neutrals, as well as their property, humanity, as well as justice and a due regard for the dignity of neutral powers, should dictate that the practice be discontinued. If persisted in it would in such circumstances constitute an unpardonable offense against the sovereignty of the neutral nation affected.
The Government of the United States is not unmindful of the extraordinary conditions created by this war or of the radical alterations of circumstance and method of attack produced by the use of instrumentalities of naval warfare which the nations of the world cannot have had in view when the existing rules of international law were formulated, and it is ready to make every reasonable allowance for these novel and unexpected aspects of war at sea; but it cannot consent to abate any essential or fundamental right of its people because of a mere alteration of circumstance. The rights of neutrals in time of war are based upon principle, not upon expediency, and the principles are immutable. It is the duty and obligation of belligerents to find a way to adapt the new circumstances to them.