THE AMERICAN ULTIMATUM—GERMANY YIELDS

The American note was an indictment of Germany's conscienceless practices and broken faith. Secretary Lansing informed the kaiser's advisers that their note denying any attack on the Sussex, but acknowledging that another vessel had been torpedoed under identical circumstances as to time, place, and result, confirmed the inferences the American Government had drawn from information it possessed establishing "the facts in the case of the Sussex."

A "statement of facts" relating to the Sussex accompanied the virtual American ultimatum. It set forth a chain of testimony, citing the source thereof, showing that the passengers of the Sussex, which included about twenty-four American citizens, were of several nationalities, many of them women and children, and half of them subjects of neutral states; that the Sussex carried no armament; that the vessel has never been employed as a troopship, but solely as a Channel ferryboat, and was following a route not used for transporting troops from Great Britain to France; that a torpedo was seen driving toward the vessel and the captain was unable to swing the vessel out of the torpedo's course; that on a subsequent inspection of the broken hull a number of pieces of metal were found which American, French, and British naval experts decided were not parts of a mine, but of a torpedo, with German markings, and were otherwise different from parts of torpedoes used by the French and British.

Regarding the sketch made by the German submarine commander of the steamer which he said he torpedoed, showing that it did not agree with a photograph of the Sussex as published, the American statement made this comment:

This sketch was apparently made from memory of an observation of the vessel through a periscope. As the only differences noted by the commander, who relied on his memory, were the position of the smokestack and the shape of the stern, it is to be presumed the vessels were similar in other respects.

This conclusion was the more certain because no other German submarines, on the day the Sussex was wrecked, attacked steamers in the same locality. Hence, in the American views, "as no vessel is reported to have been torpedoed without warning by a submerged submarine other than the Sussex, it is beyond question that that vessel was torpedoed by the submarine whose commander's report is relied upon in the note of April 10, 1916."

The United States had spoken its last word. No attempt was made to disguise the gravity of the situation, and there was a quiet recognition of the fact that the continuance of friendly relations rested wholly on the action of the German Government. Just now, however, political conditions in Germany were believed to be such that the Government itself, even if it desired to give full satisfaction in word and deed to the United States, would be facing a problem in finding a way of doing so. The Imperial Chancellor, Dr. Bethmann-Hollweg, representing the civilian part of the federated government, had so far succeeded in holding the concessions to the United States. But the military element, including the naval and submarine advocates of a continued campaign of "frightfulness," headed until recently by Grand Admiral von Tirpitz, had nevertheless pursued its course of ruthless destruction, either with the reluctant and tacit consent of the chancellor or in spite of his opposition. There thus existed a fundamental cleavage of policy between these two factions of the German Government. The chancellor made pledges to the United States and the naval authorities disregarded them, the kaiser apparently being helpless or lukewarm in his support of the chancellor's commitments. Presently, however, when Admiral von Tirpitz's retirement was announced, the civilian element appeared in the ascendant. His resignation smote the German people with the startling effect of a coup d'État, and was plainly the outcome of a long and silent struggle in the inner councils of the Government. All the political influence of the chancellor, supported by the romantic weight of the kaiser's name, was exercised to stifle an outburst of criticism in the Reichstag. Meantime, under the German system of censorship, the submarine warfare was reported to the German people in boastful terms, which made them almost a unit in demanding its continuance without abatement. They heard little of the hundreds of noncombatants killed by their submarines, or else these casualties were explained as the result of the explosion of cargoes of munitions. They had been told week by week of the steady reduction of British tonnage, that the pinch of hunger which they had experienced was also being felt in England, and that the German submarine was the only shield between Germany and starvation. So the German people were behind the military and naval element for an unrestricted U-boat warfare. The situation was such that the gravest doubt was felt whether the chancellor, even with the kaiser's support, could adjust the submarine issue in a way satisfactory alike to the United States and to the clamorous radical militarists upheld by a misled people.

The German Government brooded over the ultimatum of the United States for fifteen days before it decided upon a declaration that averted a rupture of diplomatic relations. The German note, dispatched May 5, 1916, grudgingly admitted "the possibility that the ship mentioned in the note of April 10, 1916, as having been torpedoed by a German submarine is actually identical with the Sussex." It characteristically withheld an unreserved admission, but "should it turn out that the commander was wrong in assuming the vessel to be a man-of-war, the German Government will not fail to draw the consequences resulting therefrom." This hesitating and qualified acknowledgment was accepted as about as near to a confession of guilt as Germany was then capable of making.

On the vital question of the conduct of submarine warfare, a change in which the United States was determined upon forcing Germany to make, the note was more explicit and thus yielded to the American demand: "The German Government will only state that it has imposed far-reaching restraint upon the use of the submarine weapon, solely in consideration of neutrals' interests, in spite of the fact that these restrictions are necessarily of advantage to Germany's enemies. No such consideration has ever been shown neutrals by Great Britain and her allies.

"The German submarine forces have had, in fact, orders to conduct the submarine warfare in accordance with the general principles of visit and search and the destruction of merchant vessels recognized by international law, the sole exception being the conduct of warfare against enemy trade carried on enemy freight ships encountered in the war zone surrounding Great Britain.

"With regard to these no assurances have ever been given to the Government of the United States. No such assurances are contained in the declaration of February 8, 1916.

"The German Government cannot admit any doubt that these orders were given or are executed in good faith."

Having said so much, the German note proceeded to cloud the issue by virtually blaming the United States for the continued existence of conditions calling for the sea warfare Germany practiced:

"The German Government has made several proposals to the Government of the United States in order to reduce to a minimum for American travelers and goods the inherent dangers of naval warfare. Unfortunately, the Government of the United States decided not to accept the proposals. Had it accepted, the Government of the United States would have been instrumental in preventing the greater part of the accidents that American citizens have met with in the meantime.

"The German Government still stands by its offer to come to an agreement along these lines."

As though this reproach did not go far enough, the German note, while affirming that the German Government attached no less importance to the sacred principles of humanity than the American Government did, accused the United States of showing favoritism in its humanitarian sympathies: "As matters stand, the German Government cannot but reiterate regret that the sentiments of humanity, which the Government of the United States extends with such fervor to the unhappy victims of submarine warfare, are not extended with the same warmth of feeling to many millions of women and children who, according to the avowed intention of the British Government, shall be starved, and who by sufferings shall force the victorious armies of the Central Powers into ignominious capitulation.

"The German Government, in agreement with the German people, fails to understand this discrimination, all the more as it has repeatedly and explicitly declared itself ready to use the submarine weapon in strict conformity with the rules of international law as recognized before the outbreak of the war, if Great Britain likewise was ready to adapt the conduct of warfare to these rules.

"The German people knows that the Government of the United States has the power to confine the war to armed forces of the belligerent countries, in the interest of humanity and maintenance of international law. The Government of the United States would have been certain of attaining this end had it been determined to insist against Great Britain on the incontrovertible rights to freedom of the seas. But, as matters stand, the German people is under the impression that the Government of the United States, while demanding that Germany, struggling for existence, shall restrain the use of an effective weapon and while making compliance with these demands a condition for maintenance of relations with Germany, confines itself to protest against illegal methods adopted by Germany's enemies. Moreover, the German people knows to what considerable extent its enemies are supplied with all kinds of war material from the United States.

"It will, therefore, be understood that the appeal made by the Government of the United States to sentiments of humanity and principles of international law cannot, under the circumstances, meet the same hearty response from the German people which such an appeal otherwise always is certain to find here." This complaint was an allusion to the refusal of the United States to involve its issues with Great Britain with those it had with Germany or to mediate the proposal that Great Britain raise her food blockade against Germany, who would then discontinue her submarine war on British merchantmen. The tone of an injured party Germany assumed in taking this attitude, as though she had a just cause of complaint against the United States, was accepted as a plaintive prelude to her final surrender; but even this surrender she did not make without again clogging her concessions with the same proposal which the United States had already flatly rejected.

"The German Government, conscious of Germany's strength, twice within the last few months announced before the world its readiness to make peace on a basis safeguarding Germany's vital interests, thus indicating that it is not Germany's fault if peace is still withheld from the nations of Europe. The German Government feels all the more justified in declaring that responsibility could not be borne before the forum of mankind and in history if after twenty-one months of the war's duration the submarine question, under discussion between the German Government and the Government of the United States, were to take a turn seriously threatening maintenance of peace between the two nations.

"As far as lies with the German Government, it wishes to prevent things from taking such a course. The German Government, moreover, is prepared to do its utmost to confine operations of the war for the rest of its duration to the fighting forces of the belligerents, thereby also insuring the freedom of the seas, a principle upon which the German Government believes, now as before, that it is in agreement with the Government of the United States.

"The German Government, guided by this idea, notifies the Government of the United States that German naval forces have received the following orders:

"'In accordance with the general principles of visit and search and the destruction of merchant vessels, recognized by international law, such vessels, both within and without the area declared a naval war zone, shall not be sunk without warning and without saving human lives unless the ship attempts to escape or offer resistance.'

"But neutrals cannot expect that Germany, forced to fight for existence, shall, for the sake of neutral interests, restrict the use of an effective weapon if the enemy is permitted to continue to apply at will methods of warfare violating rules of international law. Such a demand would be incompatible with the character of neutrality, and the German Government is convinced that the Government of the United States does not think of making such a demand, knowing that the Government of the United States repeatedly declares that it is determined to restore the principle of freedom of the seas, from whatever quarter it has been violated.

"Accordingly, the German Government is confident, that in consequence of the new orders issued to the naval forces, the Government of the United States will also now consider all impediments removed which may have been in the way of a mutual cooperation toward restoration of the freedom of the seas during the war, as suggested in the note of July 23, 1915, and it does not doubt that the Government of the United States will now demand and insist that the British Government shall forthwith observe the rules of international law universally recognized before the war, as are laid down in the notes presented by the Government of the United States to the British Government, December 28, 1914, and Nov. 5, 1915.

"Should steps taken by the Government of the United States not attain the object it desires, to have the laws of humanity followed by all belligerent nations, the German Government would then be facing a new situation, in which it must reserve to itself complete liberty of decision."

The first feeling aroused by the German note, with its wounded tone and qualified compliance with the American demand, was one of irritation. But after closer study the President was willing to accept the German undertaking on probation, without taking a too liberal view of the phraseology employed, and to regard the intrusive strictures on the United States as intended for German, not for American reading. The disposition was to be charitable and to take cognizance of the matter rather than the manner of Germany's backdown, and to wait and see if her government would live up in good faith to its new instructions to submarine commanders, without recognizing the impossible conditions imposed.

But in the country at large public opinion was less ready to interpret the German note except as it read textually. It was denounced in scathing language as shuffling, arrogant and offensive, or as insulting and dishonest. One paper deemed its terms to be a series of studied insults added to a long inventory of injuries. Said another, Germany's mood is still that of a madman. A third comment on the note described it as "a disingenuous effort to have international petty larceny put on the same plane as international murder and visited with the same punishment." A fourth paper remarked: "If an American can read the note without his temples getting hot then his blood is poor or his understanding dense." The weight of American press opinion was against Germany, especially in the South, and either called for the breaking of diplomatic relations or considered such a course inevitable.

For the United States even to contemplate, as Germany proposed, "an alliance between Germany and the United States to break a British blockade that Germany cannot break" was viewed as unthinkable. Intellectual dishonesty, characteristic of Germany in its attitude toward the world since the war began, and especially shown in negotiations with the United States, was seen in the effort to place upon Great Britain the responsibility for wrongs committed by Germany against the United States and in the renewed attempt to convict the American Government of lapses because it has not controlled Great Britain's sea policy. In fact, the attempt to dictate the American attitude to Great Britain in return for a promise to restrict submarine warfare was generally resented as an impertinence.

When all was said, however, the German reply, although having the appearance of being as little conciliatory as words could make it, did in fact yield to President Wilson on the main issue. The President, in considering this view, was guided by Ambassador Gerard's dispatches reporting his interview with the kaiser on the submarine crisis. The kaiser, he said, was animated by a keen desire that relations between the two Governments should continue amicable, but he felt that German public opinion must be considered in making concessions to the United States. From the kaiser's concern for popular approval the ambassador gathered that the German Government faced the necessity of so wording its answer to the United States that the German people would not feel that the Government had been forced to modify the rules under which submarines operated. The Administration received the impression that Germany would go to great length to avoid a rupture with the United States, and the German note must therefore be construed in the light of this feeling. The kaiser's views, as transmitted by the ambassador, tended to soften the irritating tone and language of the German note, and was not without effect on the President and cabinet when they determined to accept it provisionally.

The President decided to ignore the pointed suggestion of Germany that the United States should now seek to prevail on Great Britain to abandon her blockade of Germany. One source of irritation caused by the note was the statement that should the United States fail to raise the British embargo "the German Government would then be facing a new situation in which it must reserve to itself complete liberty of action." The Administration had no intention of accepting any conditional compliance with its demand for the abandoning of illegal submarine warfare; but the opinion officially prevailed that this effort of Germany to lecture the United States as to its duty toward another nation might be overlooked in view of the accomplishment of the main object for which the Administration had been contending.

Nor would the Government heed Germany's proposal that it undertake the rÔle of peacemaker in the absence of any indication that the Allied Powers were willing to respond to Germany's willingness to make peace—presumably on Germany's own terms. The promises in the German note were accepted per se, and the qualifications and animadversions Germany attached to them ignored. This determined upon, the intimation was made plain to Germany that should another ship be sunk in contravention of her new pledge no exchange of notes would ensue, but a severance of diplomatic relations would automatically be effected by the forbidden act. German submarine commanders held in their hands the key to the situation. Any infraction of Germany's latest word would not call for a disavowal or punishment of the commander; the United States would merely act on the presumption that Germany could not or would not control her own naval forces. Berlin would not be consulted again.

The American response to the German note was sent three days later. It was brief, and swept aside the considerable debating ground Germany had invitingly spread to inveigle the United States into discussing mediation in the war. Its principal passage ran:

"Accepting the Imperial Government's declaration of its abandonment of the policy which has so seriously menaced the good relations between the two countries, the Government of the United States will rely upon a scrupulous execution henceforth of the now altered policy of the Imperial Government, such as will remove the principal danger to an interruption of the good relations existing between the United States and Germany.

"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 that respect by German naval authorities for the rights of citizens of the United States upon the high seas should in any way or in the slightest degree be made contingent upon the conduct of any other government affecting the rights of neutrals and noncombatants. Responsibility in such matters is single, not joint; absolute, not relative."

Secretary Lansing, in a comment on this reply, said the German note was devoted to matters which the American Government could not discuss with the German Government. He took the ground, as the American reply indicated, that the only "questions of right" which could be discussed with the German Government were those arising out of German or American action exclusively, not out of those questions which were the subject of diplomatic exchanges between the United States and any other country.

"So long as she (Germany) lives up to this altered policy," he explained, "we can have no reason to quarrel with her on that score, though the losses resulting from the violation of American rights by German submarine commanders operating under the former policy will have to be settled.

"While our differences with Great Britain cannot form a subject of discussion with Germany, it should be stated that in our dealings with the British Government we are acting, as we are unquestionably bound to act, in view of the explicit treaty engagements with that Government. We have treaty obligations as to the manner in which matters in dispute between the two Governments are to be handled. We offered to assume mutually similar obligations with Germany, but the offer was declined."

Mr. Lansing's comment appeared to be more enlightening to German opinion than the official communication. But while the German was frankly puzzled by the American contention—holding that there was an intimate connection between England's "illegal blockade policy" and the submarine war—and wondered naÏvely whether or not he was the simple victim of an American confidence game, or strongly suspected that he had been hoodwinked by President Wilson into parting with the effective submarine weapon, with no guarantee of getting any action against England in return, hard German common sense discerned through these doubts, and made the most of the one all-important fact it could comprehend—that the dreaded break had been avoided.

With the air thus cleared, the usual anticlimax came to the situation—the tumbling down of Germany's elaborate and grandiose defense of her misdeeds—by a tardy confession of error, which swept everything she had previously said into the discard. On May 8, 1916, the same day on which the American note had been dispatched, Germany sent a further communication acknowledging that, as result of further investigation, her previous contention "that the damage of the Sussex was to be traced back to a cause other than the attack of a German submarine cannot be maintained." It now seems that the Sussex had been mistaken by the submarine commander for a British transport. Nothing could be more complete than Germany's belated resort to an amende honorable after the United States had proved her guilt:

"In view of the general impression of all the facts at hand the German Government considers it beyond doubt that the commander of the submarine acted in the bona fide belief that he was facing an enemy warship. On the other hand, it cannot be denied that, misled by the appearance of the vessel under the pressure of the circumstances, he formed his judgment too hurriedly in establishing her character and did not, therefore, act fully in accordance with the strict instructions which called upon him to exercise particular care.

"In view of these circumstances the German Government frankly admits that the assurance given to the American Government, in accordance with which passenger vessels were not to be attacked without warning, has not been adhered to in the present case.... The German Government does not hesitate to draw from this resultant consequences. It therefore expresses to the American Government its sincere regret regarding the deplorable incident, and declares its readiness to pay an adequate indemnity to the injured American citizens. It also disapproved of the conduct of the commander, who has been appropriately punished."