THE "SUSSEX" INCIDENT On the 24th March the unarmed passenger-ship Sussex was torpedoed without warning, and several Americans lost their lives. The first information about this incident was so vague that the matter was at first treated in a dilatory fashion in Washington. At the time I sent the following report to Berlin: Report in Cipher "Washington, 4th April, 1916. "During the fourteen months that have passed since the opening of the submarine campaign there have been intermittent periods in which the American Government have shown themselves aggressive towards us, and others in which the now proverbial expression 'watchful waiting" formed the Leit-motif of their attitude. The past month belonged to the second category until the sinking of the Sussex and other similar incidents stirred American public opinion to fresh excitement. Officially I have, during the last four weeks, heard nothing further from the American side on the subject of the submarine campaign. During this time Mr. Lansing even allowed himself a fortnight's holiday for recuperation. On my side there was no occasion to reopen the submarine question as a complete understanding with the American Government cannot be attained,[*] and in my opinion it is advisable to avoid as far as possible any new crisis in our [Footnote: *i.e., Without instructions from Berlin.] "Except for the surprises that are usual over here, things are at present quite calm. This is due, in the first place, to the desire for peace shown by the population, who are not anxious to be disturbed in their congenial occupation of money-making, and secondly, to the development of the Mexican question. This latter question stands in the forefront of public interest, and it seems to be increasingly probable that the punitive expedition against Villa will lead to a full-dress intervention. A few days ago it was reported that Villa was defeated, then wounded, and finally even a prisoner. All this good news proved later to be false and now Villa is said to have escaped south and won over fresh supporters. So long as the Mexican question holds the stage here we are, I believe, safe from an act of aggression on the part of the American Government. "On the other hand it looks as though Mr. Wilson were looking for a fresh way out of the impasse into which his attitude on the question of the submarine campaign has led him. As I have already had the honor to cable, Colonel House holds out the prospect of an early move towards peace by the President. The view is entertained here, and strengthened by the impressions gathered from In that report I announced for the first time that Mr. Wilson had so far changed his policy as now to put peace mediation in the foreground and to give the question of the 'Freedom of the Seas' second place. I shall return later to this political development. When news reached Washington which left no doubt that the Sussex had been torpedoed by a German submarine, I immediately cabled to Berlin for instructions in order to be in a position to give an official disavowal of the act. It required nothing further to convince me that it was now a question of bend or break. I had no means of knowing whether the supporters of the submarine campaign or the partisans of an understanding with the United States would win the day. In the former case war was inevitable. To provide for the second alternative I recommended in my cablegram that there should be no question of an official exchange of Notes, because I No attention was paid to my suggestion in Berlin at the time. Admiral von Tirpitz had just resigned and the decision had been taken against the continuance of unrestricted submarine warfare. I do not know why the dispatch of an official Note was preferred to the oral negotiations I had suggested, but I think that the deciding A few days later I cabled the following to Berlin: Telegram in Cipher "Washington, 8th April, 1916. "House gave me a very gloomy view of the position with regard to the Sussex. At the White House the situation is regarded as hopeless because the view is held that, in spite of Tirpitz's resignation, the German Government, with the best will in the world, cannot curb the submarine campaign. It has hitherto been merely due to good luck that no American has lost his life and any moment might precipitate a crisis which would be bound to lead to a break. The American Government are convinced that the Sussex was torpedoed by a German submarine. A repetition of such mistakes would be bound to drive the United States of America into war with us, which Wilson would greatly regret, as he is anxious—as I have already reported—to lay the foundations of peace in a few months. If the United States were drawn into the war all hope of an early peace would be at an end. "I request to be furnished with instructions on the basis of which I can pacify the Government here, which now has doubts of our bona fides." After Mr. Gerard, apart from other questions concerning doubtful cases of torpedoing, had also submitted a similar inquiry to the Foreign Office on the subject of the Sussex incident, an official reply was handed to him on the 10th April which read in the following terms: "A decision as to whether the Channel steamer Sussex was damaged by a German submarine or not is made extraordinarily difficult owing to the fact that no exact "In this area on the 24th March, in the middle of the English Channel, a long, black vessel, flying no flags, with a gray funnel, small gray superstructure and two high masts was hit by a German submarine. The German captain was definitely convinced that she was a ship of war, and indeed a mine-layer of the newly-built English Arabic class. He was led to this conviction: "1. By the flush deck of the ship. "2. By the shape of the stern, which sloped outwards. "3. By the paintwork, which was that of a ship of war. "4. By the high speed of about eighteen knots which the ship developed, "5. By the fact that the ship was not steering the course north of the light buoys between Dungeness and Beachy Head within which frequent observation had led the German submarines to keep a look out for merchant shipping, but was in mid-Channel, heading almost for Le Havre. "Consequently, the submarine fired a torpedo at 3.55 p.m. Central European time, 1-1/2 knots southeast of the Bull Rock. The torpedo struck, and so heavy an explosion occurred that the whole of the ship forward of the bridge broke away. The unusually heavy explosion leaves no doubt that there were large stores of ammunition on board. "The German captain has prepared a sketch of the ship he attacked, of which two copies are sent herewith. The two copies of pictures of the Sussex, also enclosed, "From this the German Government are obliged to assume that the sinking of the Sussex is to be set down to other causes than attack by a German submarine. Some light may be thrown on the incident by the fact that on the 1st and 2nd April alone no less than twenty-six English mines were destroyed in the Channel by German naval forces. In general the whole of that area is rendered dangerous by drifting mines and not torpedoes. Off the English coast the Channel is also made increasingly dangerous by German mines which have been laid for the enemy naval forces. "If the American Government should have at their disposal any further data that may help to elucidate the Sussex incident, the German Government beg that it may be communicated to them so that they may subject it to examination. In the event of differences of opinion arising between the two Governments the German Government now declare themselves ready to submit the whole incident to an International Commission in accordance with the third clause of the 'Hague Convention for the Pacific Settlement of International Disputes of the 18th October, 1907.'" I have reproduced this Note in full because its influence was quite particularly fateful and because it was probably the most unfortunate document that ever passed from Berlin to Washington. Mr. Wilson thought he detected It is my firm conviction that had it not been for this ultimatum diplomatic relations would not have been broken off immediately, even in 1917. In the increased tension of the situation resulting from the exchange of Notes on the subject of the Sussex I see, therefore, one of the immediate germs of the war with America. After this exchange of Notes a challenge in the form of our formal declaration of the 31st January, 1917, could no longer be tolerated. The clumsiness of such formal declarations was, as I have said, only surpassed by the regrettable impression of a juristic argument produced by our first Lusitania Note. As the American ultimatum later formed the basis on which the American Government, immediately after the declaration of unrestricted submarine warfare, broke off diplomatic relations, I here give the vital contents of the American Note of the 18th April verbatim: "Again and again the Imperial Government has given its solemn assurances to the Government of the United "The Government of the United States has been very patient. At every stage of this distressing experience of tragedy after tragedy it has sought to be governed by the most thoughtful consideration of the extraordinary circumstances of an unprecedented war, and to be guided by sentiments of very genuine friendship for the people and Government of Germany. It has accepted the successive explanations and assurances of the Imperial Government as of course given in entire sincerity and good faith, and has hoped, even against hope, that it would prove to be possible for the Imperial Government so to order and control the acts of its naval commanders as to square its policy with the recognized principles of humanity as embodied in the law of nations. It has made every allowance for unprecedented conditions and has been willing to wait until the facts became unmistakable and were susceptible of only one interpretation. "If it is still the purpose of the Imperial Government to prosecute an 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 After this Note it is obvious that there was no longer any doubt in Berlin, that persistence in the point of view they had hitherto adopted would bring about a break with the United States, for I received instructions to make all preparations for German merchant ships lying in American ports to be rendered useless by the destruction of their engines. I also received orders to arrange that Mr. Gerard, who had not been informed of the minimum demands of the American Government, should be instructed accordingly. My reply was as follows: Cablegram in Cipher "Washington, 1st May, 1916. "House has informed me that at his request Gerard has already been informed of the minimum demands of the American Government. Wilson is strongly influenced by peace votes. Even the anti-German ring desires the end of the war, as otherwise they fear financial loss. My suggestions are based on the view that submarine warfare, according to international law, is valueless, and in any case, the opening of peace negotiations is more important. It would be advisable in the Note of reply to touch only on the principal points, to talk much of international On the 4th May followed the German reply, which averted the fourth serious crisis, by declaring that the submarine campaign would return to the recognized laws of cruiser-warfare. The Note began by opposing, in strong terms, the American view, and concluded with the following sentences: "The German Government feel themselves justified in declaring that it would be impossible to answer to humanity and history, if, after twenty-one months of war the contention over the submarine war were allowed to develop into a serious menace to peace between the German and American peoples. Such a development the German Government will do everything in their power to prevent. They desire, at the same time, to make a final contribution towards confining—so long as the war lasts—the war to the present combatant Powers, an aim which includes the freedom of the seas, and in which the German Government believe themselves still to be in agreement with the Government of the United States. "On this assumption the German Government beg to inform the Government of the United States that instructions have been issued to the German naval forces to observe the general principles of international law, with regard to the holding up, searching and destruction of merchant vessels, and not to sink any merchant vessel, even within the war zone, without warning and rescue of the passengers and crew, unless they attempt to escape or offer resistance. "The German Government hope and expect that these The German Note reached the German Embassy piecemeal, and while the first part was being deciphered, its harsh tone produced in an increasing degree the impression: "Then it is war," which was not relieved until we came to the conclusion of the text. The attempt made by the Imperial Government to reserve to themselves the right to resume the submarine campaign at a later date was not accepted by Mr. Wilson, and so the difference of opinion remained, which was bound to become a casus belli if we reverted to unrestricted submarine warfare. This reservation led to a further Note from Washington, which I give here: "The Note of the Imperial German Government under date of May 4th, 1916, has received careful consideration by the Government of the United States. It is especially "The Government of the United States feels it necessary to state that it takes it for granted that the Imperial German Government does not intend to imply that the maintenance of its newly-announced policy is in any way contingent upon the course or result of diplomatic negotiations between the Government of the United States and any other belligerent Government, notwithstanding the fact that certain passages in the Imperial Government's Note of the 4th instant might appear to be susceptible of that construction. In order, however, to avoid any possible misunderstanding, the Government of the United States notifies the Imperial Government that it cannot for a moment entertain, much less discuss, a suggestion This American Note, however, in no way affected the peaceful conclusion of the negotiations. As a direct result of the Sussex incident, a step forward was taken in the question of American peace mediation. When I called on Colonel House, during the last days of the crisis, we had a long conversation on this question. As always, Colonel House had used his influence on the side of peace with regard to the Sussex incident. He took this opportunity to convey to me the pleasing news contained in a cablegram from Mr. Gerard, that the German Government were now ready to agree to American mediation. This cablegram was the outcome of the following facts: Mr. Gerard, on account of his anti-German tendency, was not popular in Berlin. He regarded it as a personal slight that the most important negotiations should have been carried on partly in Washington, and partly by Colonel House in Berlin. The Ambassador wanted therefore, to use the opportunity of the Sussex incident to assert himself, and expressed a desire to visit G.H.Q. and explain the American point of view in person to the Emperor. On the 1st May, Mr. Gerard was received by the Emperor, in the presence of the Imperial Chancellor, on which occasion he received the assurance contained in his telegram. Karl Helfferich's account in Weltkrieg gives the impression that the question of American mediation was mentioned for the first time on the 1st Telegram in Cipher "Washington, No. 26, 4th May. "House informs me that Gerard has cabled that we would agree to the President's mediation, and that a visit from House to Berlin, with this object, would be welcomed. Nothing known here about solution of Lusitania question. Mediation naturally depends on this running smoothly, which would be most easily assured by cessation of submarine campaign during negotiations." I received the following reply from the Imperial Chancellor: Telegram in Cipher "Berlin, 6th May, 1916. "We hope that our Note and great concession finally removes cause of mistrust, and opens era of greater "If it is found impossible to induce England to discuss peace with us, even though unofficially perhaps at first, we shall, as England refuses to return to the provisions of the Declaration of London, be placed in an absolutely free position with regard to our great concession amounting to abandonment of submarine campaign. A visit from House very welcome here at any time. "Bethmann-Hollweg." Karl Helfferich's account confirms the view I held at that time, that our concessions in respect of the submarine campaign were essentially prompted by the hope of mediation by Mr. Wilson. The following words of the Emperor make this plain: "In politics it is necessary, before all things, to know the other party's point of view; for politics are a question of give and take. Gerard's utterances had made it clear that Wilson was seeking a ladder for re-election. It was better, then, that we should offer him the ladder of Moreover, Herr von Bethmann-Hollweg has declared before the Commission of the National Assembly that he had expressed to Mr. Gerard the hope that the President would now take steps to bring about the restoration of peace. When, at that time, Colonel House was discussing with me the German reservation in the Note of the 4th May, in connection with the questions of the "Freedom of the Seas" and peace, he said that the circumstances were then such that the President no longer possessed the power to compel England to observe international law. England would only give way before the menace of war. In view, however, of the state of natural feeling in the United States, and the development of trade relations between America and the Entente, war with England was out of the question. On the other hand, Mr. Wilson possessed the power to bring about peace, because on this question he could rely on the support of the majority of the American nation. When the time was ripe, the President would take the desired steps, but a neutral act of this nature would be cried down by the very active Entente party in the United States as pro-German, and could only be carried through if the national feeling towards Germany took a more friendly turn. It was, therefore, necessary that there should be a period of lull, during which Germany should possibly not be discussed at all. The approaching hot season and the usual exodus of political personages from Washington to the country would offer a favorable opportunity to let all negotiations rest, especially as, after the settlement of the Sussex question, no new incidents were to be expected. Colonel House's remarks accurately reflected the actual I should like to take this opportunity of making clear that I always regarded American mediation as the only possible way out of the war. I had no faith in the submarine campaign as likely to save the situation, because the entry of the United States into the war would more than outweigh all the advantages that the submarines could bring us. On the other hand I was convinced that If the American Government established a peace conference, this would be sure to lead to peace itself. It could not be imagined that, in view of the nations' need of peace, such a conference could break up without having reached any result. Moreover, after the meeting of a conference, the United States would no longer be in a position to enter the war, because American public opinion would not have allowed it. But without the help of the United States, the Entente could not win. It resolved itself, therefore, into a question of the skill of our negotiators to ensure a tolerable peace for us, as the result of the conference. Diplomatic negotiations have a way of ending owing to general weariness, in which case the party which holds the best cards secures the greatest advantages. If this happened, we should have the advantage of the position as our military gains would give us a strong lever in the negotiations. Here I may touch on another question which was engaging Dr. von Mach succeeded in bringing the matter to the notice of the President who actively interested himself in it, and promised to see that the milk should pass the English blockade and reach Germany in safety. Accordingly, the State Department instructed the American Embassy in Berlin to issue a statement. Meanwhile, the well-known American journalist, McClure, returned from a tour of investigation in Germany, where he had been I mention this incident to show that our propaganda was not by any means made easier by Germany, although our Press Bureau repeatedly brought up this very question in Berlin. This movement was particularly dear to us, because the Americans are most easily won over when an appeal is made to their humanity. Moreover, the favorable reports on the question of supplies in Germany did not coincide in any way with our defence of the submarine campaign as an act of reprisal. This method of propaganda from home lost us our best argument. Even to-day the majority of Americans certainly have no idea how many children have been murdered by the blockade. At the time of which I am speaking occurred also the much discussed Bolo affair. It is quite astonishing how many lies were told before the commission of inquiry of the American Senate with regard to this affair. Among others, hotel servants, chauffeurs, etc., were sworn, and gave evidence that I had met Bolo in the apartments of Mr. Hearst. True, I have often visited Mr. Hearst, which If the statements made before the commission of inquiry are to be relied on in any point at all, it is to be assumed that Bolo first came to America to arrange a combine between the Journal and the Hearst Press. This combine was to support the cause of Pacifism after the war. Who Bolo's principal was I do not know, but so much seems to be established, that he was connected with the Journal. Apparently, Bolo wanted to sell shares in this paper to Mr. Hearst, in order to acquire funds for the Pacifist agitation. This theory seems justified since Bolo, on the voyage to America, got into touch with Mr. Bartelli, Hearst's representative in Paris. The latter did fall in with Bolo's ideas. Later—whether intentionally or not I do not know—Bolo met the co-proprietor of the firm Amsinck and Co., Herr Pavenstedt, who was one of the most respected, if not the most respected, Imperial German in New York, and intimately acquainted with all the members of the Embassy. Herr Pavenstedt, who as a private citizen was not in a position to accept Bolo's suggestions, then travelled to Washington to lay the matter before me. He gave me to understand that a French acquaintance of long standing, for whose good faith he could vouch, had come to America to raise funds for a Pacifist agitation in France. He said that national feeling in that country had reached a point which promised success for such a movement, if the prospect could be held out of a peace by negotiation. Herr Pavenstedt said that he could not, I do not know how Bolo's enterprise came to the knowledge of the French Government. In any case this cannot have been due to the deciphering of my telegrams to Berlin, as I did not know Bolo's name. Owing to this ignorance on my part it was arranged between Herr Pavenstedt and myself, at a second interview, that the anonymous Frenchman should at a given time address further communications on the progress of the movement to our Embassy at Bern under the pseudonym "St. Regis." At the time of the Sussex crisis a further awkward incident occurred which took us back to the days of conspiracies. In consequence of the Welland Canal case the American secret police came down upon Herr von Igel, the representative of the Military AttachÉ, in his New York office, for alleged complicity, arrested him by force and seized papers which were found on his table. I immediately laid a protest before the State Department, whereupon Herr von Igel was set at liberty and a long international controversy arose which had not come to an end when Herr von Igel returned with me to Germany. The American Law Department maintained that Herr von Igel was suspected of complicity in a legal offence, that he could not therefore plead extra-territoriality, and The seized documents were handed over to the State Department, where they probably still lie. The State Department declared to me their readiness to hand back the papers if I wished to declare them Embassy documents. I, however, thought that an attempt might be made later to use such a declaration against me as a trap and I rejected the offer to return the papers on these conditions, as they were of no further importance to us. If there was among them material which could be used against the former AttachÉs it might be assumed that the Law Department would long ago have had the documents copied. The Igel affair had no definite political result, as the American Government dropped all controversies when they began to take up the question of mediation. To return to the settlement of the Sussex incident it should be mentioned that our surrender on the submarine question was widely resented in Germany. Further, it caused a check in submarine construction. At least, Secretary of State von Capelle has declared before the Commission of the National Assembly that an extensive submarine construction programme had to be abandoned because it would have been too sharp a contrast with Germany's attitude after the settlement of the Sussex affair. As a matter of fact, submarine construction was never carried on with full vigor after 1916 as has been pointed out by Messrs. Struve, Gothein and Co. In the light of this the gravity of the decision in 1917 to resort to unrestricted submarine warfare is doubled. It will To conclude the Sussex question, I will add one more telegram which I sent to the Foreign Office after Secretary of State Lansing had publicly mentioned an Anglo-American agreement—a remark which in Berlin was taken to mean that America had formed an alliance with England. It is well known that during the war such a statement has frequently been made. Telegram in Cipher "Washington, 21st May, 1916. "I am working confidentially in co-operation with House for the settlement of such still unsettled questions as the Lusitania and the Igel cases, so as to clear the air completely. Feeling here now more favorable owing to the influence of the Irish executions. Wilson regards conflict with us as a thing of the past and desires to let things rest and soon to lay the foundations of peace. Lansing's speech as to Anglo-American agreement refers to the Bryan agreement. He desired to make clear that war with England because of the blockade is out of the question, and therefore there is no means of bringing pressure to bear. The speech coincides with the American view I have already reported that it would be easier to bring the war to an end than to force England to raise the blockade." Hitherto I have not mentioned the different German vessels which visited United States ports during the war. Besides their history is well known. I will therefore only describe their psychological influence and my own experiences. Much more interest was aroused by the arrival on the 15th February, 1916, of the Appam, because it was then a long time since the German flag had been seen on the American side of the Atlantic. The facts are familiar to German readers from Count Dohna's MÖve book. Lieutenant Berg's exploit met with general appreciation in the United States, especially as his conduct was completely in accord with the American conception of international law. Even to-day I can hear the tone of absolute conviction in which Secretary of State Lansing told me at the Metropolitan Club that the voyage of the Appam was a "marvellous achievement." In the far-off future, students of international law will quote the Appam case as a classic. At the German Embassy in Washington volumes were filled with the opinions of eminent lawyers, for the incident was not treated politically by the American Government, but submitted to the courts. Meanwhile the Appam remained interned in Hampton Roads as a prize. The case was not settled until after the breaking-off of diplomatic relations, when it was no longer of any importance to us. The interest roused by the Appam shrank into nothing before the excitement caused by the arrival of the submarine Deutschland on the 8th July, 1916. Apart from those that followed the agreement on the Arabic incident, the few days after the arrival of the Deutschland were the pleasantest I experienced in America during the war. Feeling on all sides was openly friendly, and Captain KÖnig was the most popular man in the United States. If we had sent ten such merchant submarines to America and for the rest had carried on the submarine campaign according to the principles laid down for cruiser warfare, The arrival of the submarine Deutschland at Baltimore and Captain KÖnig's first visit to the town resembled a triumphal procession. I had intended to go there at once to welcome the hero of the day and his bold seamen, but thought it better to wait and see what would be the American attitude towards the protests of the English and French Ambassadors, who had both claimed that the Deutschland, as a submarine, should be regarded without hesitation as a ship of war. On the 13th July a most minute inspection of the Deutschland was made by an American Government Commission consisting of three naval officers, and she was recognized as a genuine merchant vessel. In consequence the Deutschland had a right to lie at Baltimore as long as was necessary to take a cargo on board for the return journey. It was now possible for me to pay an official visit to Baltimore and to view the Deutschland. The Mayor of the town accompanied me and went down with me, in spite of the terrific heat of about 40° centigrade, into the lowest parts of the submarine, which cost the stoutly-built gentleman considerable effort and a good deal of perspiration. In the evening the Mayor gave a banquet which passed off as in the good days before the war. The rooms were decorated with German and American flags, the band played the "Wacht am Rhein," and many speeches were made on the good relations between the two countries. Again on her second visit, which took place in October in New London (Connecticut), the Deutschland met with a very friendly reception, even though the atmosphere was appreciably cooler. Feeling in the New England state has always been particularly unfavorable to us. But there, to, I passed a very pleasant day with Captain KÖnig. The President took this opportunity to speak to me very seriously on the cruise of the U53, and urged me to see to it that this incident was not repeated. Otherwise he could not be responsible for public feeling in the United States, which might again become very bitter. The affair was very disagreeable to me personally, because I was building hopes on Mr. Wilson's mediation and because I feared that the cruise of the U53 would be interpreted as an attempt on our part to put difficulties in the way of the President's re-election. It might be assumed that his Republican opponents would say that On the subject of this conversation with Mr. Wilson I sent the following telegram to the foreign office: Telegram in Cipher "Washington, 11th October, 1916. "I had a conversation with Mr. Wilson on the occasion of handing over the Emperor's autograph letter with regard to Polish relief. The President is anxious to carry the matter further and asked me how this could best be done. I replied that the difficulties lay exclusively on the English side. "The cruiser warfare undertaken by our submarines off the American coast is naturally regarded by Mr. Wilson with anxiety, because all his hopes of re-election are based exclusively on the fact that according to the opinion held over here he has kept the United States out of the war and in spite of that has put an end to our so-called illegal attacks on American lives. His whole position falls to pieces if American lives are lost now, or if indignation is aroused by a submarine campaign off the American coast. So far this has not occurred. The exploit of U53 is even hailed as a sporting achievement. This view will, however, be changed if the incident is repeated. For this reason Wilson spoke plainly about a continuance of the submarine campaign off the American coast. He regarded as particularly serious the fact that two neutral ships were sunk, as well as a Canadian passenger vessel making for the United States. He said that such incidents could not be understood by the American public." To this telegram I received from the Imperial Chancellor the following reply: "Berlin, 4th October, 1916. "England entirely responsible for difficulties with regard to Polish relief. For Your Excellency's exclusive information it is not intended to continue submarine campaign off American coast. Final decision as to activity of U53 not possible until she returns. Our concessions to America are being strictly observed and will be until explicitly revoked. "Bethmann-Hollweg." |