CHAPTER VIII

THE SECOND "LUSITANIA" CRISIS

In Germany, and particularly before the Committee of the National

Assembly, the American Government has been reproached with _mala

fides_ for having unnecessarily reopened the _Lusitania_ question.

The line of argument is approximately as follows:

After the settlement of the _Arabic_ case one can suspect the obstinate

harping on the _Lusitania_ affair, which had really died down, as

a sign of _mala fides_. Did the Americans want to secure a fresh

diplomatic success against us? They had already carried their principle

with the settlement of the _Arabic_ case; was their object now

to make a still greater splash? The continued possibility of a

conflict with Germany--which was quite within practical politics

if nothing intervened--made a very favorable background to make

clear to American public opinion, in conjunction with a campaign

on the same lines by Wilson himself, the following point: "We must

get ourselves out of this situation pregnant with war by vindicating

our right with both sides."

Apart from the fact that the negotiations on the _Lusitania_ question

had been allowed to hang fire for about six weeks I believe that in

this case we have again underestimated the significance of hostile

public opinion in America. The best way of making clear the situation

in the United States will probably be for me to reproduce here the

telegrams and reports in which I informed Berlin of the reopening

of the _Lusitania_ negotiations.

1. REPORT IN CIPHER

Washington, 23rd November, 1915.

Secretary of State Lansing after long hesitation took up the _Lusitania_

question again with me. At the beginning of October I had handed

to him a draft of a letter which contained what I thought myself

able to write to him within the scope of my instructions. This

draft was merely intended to serve as a basis for more detailed

negotiations and was only to be regarded as official in case the

American Government should regard the whole incident as satisfactorily

settled. There was nothing to be gained by stirring up public opinion

again here by publishing documents which were regarded from the

beginning as unsatisfactory.

As I have several times had the honor to report, there is, in my

opinion, no hope of settling the _Lusitania_ question, as the American

Government does not think that it can agree to refer it to a court

of arbitration _now_. They are, however, counting here on a decision

at a later date by such a court, which would be sure to award the

Americans an indemnity, because the Hague court of arbitration

from its very nature is obliged to stand for the protection of

neutral non-combatants. Consequently, Mr. Lansing cannot understand

why we do not pay the indemnity of our own accord and so settle

the whole matter, especially as, in view of our pledge for the

future, it is of no practical importance to us. Mr. Lansing is

primarily concerned with the indemnity, whereas President Wilson

now, as formerly, lays the chief weight on the pledge for the future

and the humanitarian aspect of the question. Mr. Wilson always keeps

his eye fixed on the two closely connected goals: the development

of international law with regard to the freedom of the seas and

the restoration of peace.

Mr. Lansing now reopens the _Lusitania_ question for the following

reasons, part of which he has himself openly stated, and the rest

have become known to me through other channels. In the first place

the Government is afraid of attacks in the impending Congress.

It was, therefore, eminently desirable that it should be able to

inform Congress that something had been done in the _Lusitania_

affair. Even if nothing comes of it they could answer that they

are waiting for a reply from Germany. President Wilson himself

does not believe in the possibility of the question being solved,

and hopes to keep the matter in the air until the conclusion of

peace, provided that public opinion does not become restive or new

eventualities occur. The _Ancona_ affair has had an unfavorable

effect in this respect. Even though it has not aroused any great

excitement, it has caused the whole question to be reopened, and

everyone on this side lays at our door the responsibility for the

Austrian act; for they base their reasoning on the assumption that

the war is directed entirely from Berlin. Whenever mention is made

of the _Ancona_ incident it recalls the fact that the _Lusitania_

question still remains unsettled.

It is a well known fact that we are faced here with an anti-German

ring of great influence. I have repeatedly pointed this out in my

reports. This ring is trying to exploit the _Ancona_ and _Lusitania_

questions with a view to driving into the background the American

Note to England and the British infringements of international

law. The Government is treating this anti-German ring with the

same weakness as are the majority of American private citizens.

They are submitting patiently to terrorization as well as continual

baiting and sneering. The recluse at the White House has, indeed,

great plans, but his freedom of decision is seriously compromised

by his anxiety to be re-elected. He refuses to allow himself to be

drawn into too serious extravagances; and so he certainly deserves

the credit for having prevented war with Germany, but he allows

himself, nevertheless, to be influenced by the anti-German ring

and hampered in the pursuit of his plans.

2. TELEGRAM IN CIPHER

"Washington, 2nd December, 1915.

"The Government here have lost their nerve as a result of the impending

Congress, the Hapag case, the _Ancona_ incident, and the explosions and

fires in munition and powder works, and like all private individuals

here are allowing themselves to be terrorized by the anti-German

ring. Hence the anxiety for the recall of Papen and Boy-Ed. The

Government fear that Congress will take the above questions, as

well as the _Lusitania_ affair, into their own hands, and deal with

them in more radical fashion than the Government. This is the reason

for the present demand for the recall--which is intended to serve as

a safety-valve--lest Congress should break off diplomatic relations

with us. Whether there is any real danger of this happening it is

difficult to say. Lansing thinks there is. In any case everything

is possible in the present state of public feeling. They have not

the courage to swim against the stream. Perhaps the recall of the

attaches will still the storm for a time, as was the case with

Dernburg and Dumba; meanwhile everything turns on the attitude of

Congress, who, it is to be hoped, will not be anxious to declare

war on us. Colonel House, who is a good reader of the barometer here,

sees no danger. I, personally, also do not believe that Congress

will decide to resort to extremes on one side,--_i.e._, without

attacking England--for the breaking-off of diplomatic relations

would certainly be quickly followed by war.

"In any case it is my sacred duty to inform your Excellency that

Congress may produce unpleasant surprises, and that we must, therefore,

be prepared to do _something_ with regard to the _Lusitania_ question.

How far we can approach the Lansing draft it is difficult to judge

from here. It depends in the first place on the state of public

opinion in Germany, for the matter has no further practical importance

since we have pledged ourselves to spare passenger-ships.

"Hitherto my personal relations with the American Government have been

so good that it was always possible to prevent the worst happening.

Lansing volunteered yesterday to send this telegram. But if the

matter once gets into the hands of Congress it will be much more

difficult to exert influence, especially as nothing can be kept

secret here. It is not yet possible to say when Congress will ask

for the _Lusitania_ documents, but it will probably be in a few

weeks' time, provided that no diplomatic understanding can be reached

meanwhile."

3. REPORT IN CIPHER

"Washington, 7th December, 1915.

"The action that _Congress_ will take with regard to the _Lusitania

question_ is of primary importance for us. It is my opinion that

President Wilson, when he asked for the recall of our two attaches,

had the thought in the back of his mind that Congress would let the

_Lusitania_ question rest for a time, because relations with Germany

are already sufficiently strained and only the rabid pro-English

want war. One cannot, however, count on anything now, because the

anti-German ring are seeking to terrorize all who do not agree

with them. The senators and members of Congress from the west are

certainly more difficult to influence, as their constituents have

only a slight economic interest in the cause of our enemies. It

is also probable that the senators from the south will all stand

by us, because they are very much embittered against England on

account of the cotton question. Nevertheless, we must, as I have

already pointed out by telegram, be fully prepared for further

negotiations on the subject of the _Lusitania_. If we refuse to

give way at all, the breaking of diplomatic relations, followed

by war, is inevitable. In my opinion it is out of the question to

find a formula that will satisfy public opinion on both sides. It

may, however, be possible to find a formula that will skim over the

points of contention, as was done in the _Arabic_ case. In spite

of all the outcry over here there is no doubt that the American

Government and the greater part of public opinion would be only

too delighted if we could find a graceful way of settling the

_Lusitania_ question without a conflict. What is required in the

first place is:

"1. A. declaration on our side that the attack on the _Lusitania_

should be regarded as an act of reprisal and, therefore, not within

the scope of existing international law.

"2. The payment of an indemnity, which in my opinion could be made

without committing ourselves on the question of responsibility.

"President Wilson had hoped that the whole question could be shelved

until after the end of the war. Now the war still drags on, and Mr.

Wilson is afraid of radical intervention on the part of Congress.

Over here it is quite impossible to prophesy. The unexpected is the

only thing that consistently recurs. No one can say what Congress

will do. Meanwhile, it is my duty to describe the situation as I

see it to-day. Whether the _Lusitania_ question is of sufficient

practical importance to allow it to bring upon us the breaking-off

of diplomatic relations and war with the United States I must leave

it to the exalted judgment of your Excellency to decide."

* * * * * *

The American Government had established a basis for the negotiations

with regard to the _Lusitania_ and "the Freedom of the Seas" which

was in our favor when, on the 21st October, they sent a very

circumstantial Note to London in which they demonstrated that the

English blockade was a breach of international law and definitely

stated that this blockade was neither effective, legal nor defensible.

Further, that the United States could not, therefore, submit to an

infringement of her rights as a neutral through measures which were

admittedly reprisals, and, consequently, contrary to international

law. That she could not with equanimity allow her rights to be

subordinated to the plea that the peculiar geographical position

of the enemies of Great Britain justified measures contrary to

international law.

The conclusion of the Note read as follows:

"It is of the highest importance to neutrals not only of the present

day, but of the future, that the principles of international right

be maintained unimpaired.

"This task of championing the integrity of neutral rights, which

have received the sanction of the civilized world against the lawless

conduct of belligerents arising out of the bitterness of the great

conflict which is now wasting the countries of Europe, the United

States unhesitatingly assumes, and to the accomplishment of that

task it will devote its energies, exercising always that impartiality

which from the outbreak of the war it has sought to exercise in

its relations with the warring nations."

The above programme was in accordance with the proposal of the

American Note of 21st July, which had touched on the subject of

co-operation in realizing the "Freedom of the Seas." It was, however,

clear to me, apart from anything else, that the United States would

not expend energy in championing the rights of neutrals so long as

a conflict with Germany threatened. The settlement of the _Arabic_

question gave grounds for hope that the views of the two Governments

on the question of submarine warfare would coincide. This appeared

to me to be the most important point; the American Government,

however, insisted on the settlement of the _Lusitania_ incident,

which I foresaw was going to prove a very difficult problem. Even

in the _Arabic_ affair it was only by my own independent action

that it was possible to avoid a break. The _Lusitania_ question,

however, was much more unfavorable to us because at that time the

old instructions to submarine captains were still in force. I should,

therefore, have been glad to avoid negotiations on the _Lusitania_

question, but Mr. Lansing insisted on a settlement before he spoke

on the future "Freedom of the Seas." The reason for this attitude

of the Secretary of State, as appears in my reports reproduced

above, lay in the state of public opinion. It was unfortunately

impossible for the American Government to carry through the policy

they had adopted in respect to England so long as the _Lusitania_

question was brought forward daily in the American Press.

The negotiations should have been carried through orally and

confidentially between Mr. Lansing and myself. Unfortunately, however,

it was impossible to keep anything confidential in Washington,

particularly as, very much against my wishes, the conversations

were protracted for weeks. The state department was continually

besieged by journalists, who reported in their papers a medley

of truth and fiction about each of my visits. In this way they

provoked denials, and so ended by getting a good idea of how the

situation stood. In addition to this, authoritative persons in

Berlin gave interviews to American journalists, who reported to

the United States papers everything that they did not already know.

Consequently, the negotiations did not progress in the way Mr.

Lansing and I had expected. We wanted to arrive quickly at a formula

and make it known at once. Public opinion in both countries would

then have been set at rest, and the past would have been buried

so long as no fresh differences of opinion and conflict arose out

of the submarine war. The formula, however, was not so easy to

arrive at. The wording of the Memorandum which I was to present

to the American Government had to be repeatedly cabled to Berlin,

where each time some alteration was required in the text that Mr.

Lansing wanted.

The American Government held to the point of view which they had

formulated in the Note of the 21st July, as follows:

"...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 standpoint of the American Note of the 21st July, 1915, shows

clearly the mistake of treating the submarine war as reprisals.

It shows how every surrender of a position compromises the next.

The German Government, on the other hand, refused under any

circumstances to admit the illegality of the submarine warfare within

the war-zone, because they regarded the right to make reprisals as

a recognized part of the existing international law. Further, the

American demand was regarded in Germany as a deliberate humiliation,

as well as an attempt to coerce us unconditionally to renounce

unrestricted submarine warfare once and for all. To have admitted

that the submarine war was a breach of international law would

have involved us in the same unpleasant consequences to which now,

after our defeat, we are compelled to submit. If we admitted the

illegality of the submarine campaign we should have been obliged,

on the conclusion of peace, to meet all the demands for damages

arising out of it.

For the third time, then, the word "illegal" brought us face to

face with a crisis which was within an ace of causing a rupture

of diplomatic relations. The last days of the negotiations turned

out very unfortunately for us. Mr. Lansing and I had agreed upon

a formula in which the word "illegal" did not occur, because my

instructions categorically prohibited its use. In Berlin it was

not yet known that we had arrived at the desired agreement, and

it was there thought necessary to call public attention to the

danger of the situation, and explain the seriousness of the position

in the hope that by this means the American Government might be

moved to adopt a more conciliatory attitude.

On 5th February, Under-Secretary of State Zimmermann gave an interview

to the Associated Press in which he said he did not wish to conceal

the seriousness of the position. That Germany could under no

circumstances admit the illegality of the submarine campaign within

the war-zone. The whole crisis arose from the new demand of America

that Germany should admit the sinking of the _Lusitania_ to be an

act infringing the law of nations. Germany could not renounce the

submarine as a weapon. If the United States insisted on bringing

about a break Germany could do nothing further to avoid it. The

Imperial Chancellor confirmed these statements in a conversation

with the Berlin correspondent of _The World_.

These interviews compromised once more the settlement of the

negotiations, because the American Government were doubtful as to

whether they could allow the word "illegal" to be omitted, after the

sharp difference of opinion between the two Governments had become

public property. The agreement which had been reached voluntarily

now looked like a weak surrender before a German threat. In the

end, however, a compromise was arrived at. I handed to Mr. Lansing

in writing a declaration amounting to an admission that reprisals

were admissible, but that they should not be allowed to injure

neutrals, and that therefore the German Government regretted the

incident and were prepared to offer satisfaction and compensation.

The American Government were willing to confirm the receipt of

this Memorandum and declare themselves satisfied. Fate, however,

had decreed that I should play the role of Sisyphus at Washington.

Scarcely were the negotiations terminated when the German Government,

on the 8th February, declared the so-called "ruthless submarine

war," _i.e._ announced to the sea powers their intention of sinking

armed merchantmen without warning and without regard to crew or

passengers. In view of this the American Government refused to

complete the exchange of letters on the subject of the _Lusitania_.

Instead of this there began a new controversy on the question of

"armed merchantmen." My hope of settling the _Lusitania_ question

and then passing on to the discussion of "Freedom of the Seas"

was shattered. This hit me all the harder as I was convinced that

the conversations on the latter question would have developed into

peace negotiations.

The opinion has been expressed in Germany that the breaking-off of

diplomatic relations at this stage was regarded, even in America,

as precipitate, since no really acute provocation had been given.

That it was a shamelessly engineered break after we had in principle

yielded on every point. That the Americans had apparently been

bluffing and continually increasing their demands with a view of

enhancing their own prestige by scoring further diplomatic successes

against us which, in view of the previous course of events, they

could regard as certain.

In this case I do not myself believe that the American Government

were really thinking seriously of breaking off diplomatic relations.

They only wanted to pacify public opinion by a settlement of the

_Lusitania_ question, which was essential before passing on to

negotiations with regard to the "Freedom of the Seas" or to steps

for peace. Threats of war arose only because the negotiations were

protracted for weeks, and the word "illegal" was discussed in the

Press in every possible tone. It was a misfortune that these

negotiations were not carried on--like the subsequent conversations

with regard to peace--in secret. I had actually persuaded the American

Government to give way on the word "illegal," which had become

much more difficult for them owing to the publicity that was given

to the negotiations. Had it not been for the ruthless submarine

campaign the _Lusitania_ question would have been finally buried

and the negotiations could have been continued in a friendly spirit.

Moreover, the so-called ruthless submarine campaign was, according

to the opinion of Admiral von Tirpitz, who was at that time still

in office, although he was not consulted until the decision was

taken, a military farce. He declared the order to be technically

nonsense, and the pompous way in which it was issued as unnecessarily

provocative and a challenge. The whole thing was neither "fish nor

flesh."

The controversy over the "armed merchantmen" had a prologue which

could only be described as a comedy of errors, were the matter not

so serious. It is well known that the constitution of the United

States allows the President the right of independent political

action. He alone is responsible, and his Secretary of State and

the other Ministers are only his assistants, without personal

responsibility. Mr. Wilson has made much greater use of his rights

in this respect than even Mr. Roosevelt. From the very beginning

his administration was a one-man Government.

In general terms the development of democracy in America amounts

to this, that the electors vest unlimited rights in one man for a

short time, and after that they re-elect or replace him according

to whether he has won or lost their confidence.

Thus arises a sort of temporary autocracy which combines the advantages

of a monarchy and a democracy. Whether this historically developed

system really coincides with our idea of formal democracy is another

question.

However this may be, the political life of a nation is not to be

ruled by catch-words. History is the only builder of state organisms.

No one can foretell in what direction our young democracy will

develop. In view of the indifference of the German people to politics

it may be assumed, however, that it will develop on similar lines

to that of America when we have once accepted the principle of the

election of the President by the people. Such a President will

always possess great power and authority in his relation to other

bodies, while it is probable that the German people will be willing

to leave political affairs in the hands of the man they have elected,

and will even give him charge of their economic affairs. The German

President of the future will certainly find himself involved in the

same differences with the Ministers responsible to the majority

in the Reichstag as the American President has had so frequently

with the Senate. In such cases the American people nearly always

support the President, directly chosen by them, and so bring

corresponding pressure to bear on the Senate.

The brief constitutional diversion from the question of "armed

merchantmen" was to give an opportunity for announcing the surprising

catastrophes which had occurred in the course of the development of

this question. About the end of the year 1915 Mr. Wilson had married

for the second time and was absent for a time from Washington.

Consequently the President seems not to have exerted the same close

control as usual over the political actions of his Ministers. In any

case he had not read, or only hastily glanced through, a Memorandum

on the submarine campaign which Mr. Lansing had handed on the 18th

January, 1916, to the representatives of the Entente, and had not

therefore realized its far-reaching importance. This Memorandum

only came to the knowledge of the Central Powers at a later date,

through the medium of the Press, which had got to know of it from

one of the Entente representatives or through some indiscretion.

The Memorandum went even further than the Note of the 21st July,

1915, and recognized that the use of submarines could not be prohibited

to the combatants after they had proved their value in attacking

enemy commerce. It laid down, however, that the submarine campaign

must, without interfering with its effectiveness be brought into

harmony with the general provisions of international law and with

the principles of humanity. It was, therefore, necessary on the

one side that the submarines should be instructed to conduct their

campaign within the limits laid down for cruiser-warfare against

merchant shipping, _i.e._, they must not sink without first stopping

and examining the ship and giving the passengers and crew a chance

to save themselves. On the other side, the merchant ships were not

to carry arms, since, owing to the nature of the submarines, it

would be impossible for them to conduct their operations on the

lines of cruiser-warfare if the merchantmen were even lightly armed,

as had hitherto been permitted by the principles of international

law for purposes of defense. Under the prevailing circumstances any

arming of a merchant ship would have an offensive character.

The Memorandum concluded as follows:

"I should add that my Government is impressed with the reasonableness

of the argument that a merchant vessel carrying an armament of any

sort, in view of the character of submarine warfare and the defensive

weakness of undersea craft, should be held to be an auxiliary cruiser

and so treated by a neutral as well as by a belligerent Government,

and is seriously considering instructing its officials accordingly."

Although this Memorandum bears no historical weight I deal with it

in detail here because it plated a leading part before the Committee

of the National Assembly as a proof that no confidence could be

placed in Mr. Wilson as a peace mediator.

I have no doubt that the Memorandum was intended to carry on the

policy of the American Notes of the 21st July and 21st October,

1915, which had given rise to the American struggle for the "Freedom

of the Seas." It was not, however, in keeping with Mr. Wilson's

usual methods to make such a sharp thrust at the Entente as the

concluding paragraph of the Memorandum represented, so long as the

negotiations with me on the subject of the _Lusitania_ incident

were not yet concluded and so long as it was not absolutely sure

of the support of public opinion. Just as the Note of the 21st

October, 1915, was not sent to London until the President thought

he had cleared the way with respect to us by the settlement of

the _Arabic_ question, so in January, 1916, he wanted to keep his

hands free until the chance of a conflict with us was past. The

popular saying in America is that Wilson has a single-line brain

and only deals with one matter at a time. Moreover, out of regard

for the state of public feeling in the country the President wanted

to take each political step without being openly coerced by us. It

is not my intention to defend Mr. Wilson's conception of neutrality

to-day, after I have opposed it for years, but I will only attempt,

without any personal ill-will, to contribute to Klio's work of

discovering the real truth. To me personally the matter of paramount

interest today, as at that time, is not what Mr. Wilson did or did

not do, but the question what we ought to have done in the interest

of Germany.

I shall often have to return to the developments which, after the

31st January, 1917, made the President our open enemy. If we wish

to be lovers of truth we must distinguish sharply between the two

periods before and after the 31st January, 1917. It is certain that

Mr. Wilson was never even near to being pro-German. By descent,

education and training he was unconsciously much too much under the

English influence already mentioned. But until the 31st January,

1917, the President had striven to be neutral. All his speeches

testify to this. No un-neutral remark of Mr. Wilson, even in private,

has ever reached my ears. He always resisted the pressure of the

Entente party, in spite of the fact that he was almost entirely

surrounded by anti-Germans. The only one I could mention whose

advice to the President was always definitely neutral was Mr. House.

For the rest in the east of the United States we found ourselves

morally in an enemy country. Every neutral step taken by Mr. Wilson

was immediately hailed as "pro-German." For instance, I am convinced

that the President could never have carried out the threat contained

in the final clause of the Memorandum of the 18th January. Gradually

all the Entente merchantmen were armed. If these were to be treated

in American ports as auxiliary cruisers the whole of American commerce

would of necessity have come to a standstill, for it was already

suffering seriously from lack of freight space. The Entente knew

exactly how much value all Americans placed on their commerce,

and could therefore reject the proposal of the United States with

equanimity.

Nevertheless, it is well worthy of notice that in the Memorandum

of the 18th January, 1916, the legally trained and legally minded

Secretary of State Lansing, as well as Mr. Bryan, brought forward

or attempted to bring forward a different kind of neutrality from

that of the President. The only question is whether Mr. Wilson

could at that time have carried through the Lansing policy. I do

not think so. This does not in itself relieve the President of the

responsibility of not wishing to make such a sharp thrust against

the Entente as was represented by the Memorandum so long as the

negotiations on the _Lusitania_ affair still remained unsettled. Yet

throughout the whole war Holland has never followed the regulations

of the Memorandum. This fact remains. Mr. Wilson did not enforce

the Memorandum because he could not do so without prejudicing the

interests of American commerce. In this case Mr. Lansing was the

neutral advocate and the President the American politician, whose

decisions on foreign questions, as usually happens in the United

States, were actuated by domestic politics.

After the issue of Mr. Wilson's protest against the English blockade,

and in view of the turn that the Lansing action against armed

merchantmen had taken, it can be understood that the German Imperial

Government hence-forward was suspicious of the good-will and power

of the President as a peace mediator. Meanwhile there came a change

in the domestic situation, and this, as I have already mentioned,

is always the decisive factor in the United States in all questions

of foreign policy.

It would have been a good move on our part to wait for the result

of the _Lusitania_ negotiations, and then to give Mr. Wilson time to

take in hand his policy with regard to the "Freedom of the Seas" on

his own initiative. Berlin, however, was always in a hurry to bring

in the new measures of submarine warfare, although the disadvantages

that this would cause us always outweighed the advantages. However,

the Americans themselves will perhaps some day have occasion to

regret that they did not seize the opportunity of the war to insure

the "Freedom of the Seas." If during the five years of war--from

the mobilization to the peace offer and the armistice--we Germans

were always in too great a hurry with our decisions, the American

Government, on the other hand, lost through hesitation many an

opportunity of keeping out of the war. There could be no doubt

that the United States could, as a neutral power, have brought

about a better peace than they have done as the decisive combatant

power.

In January, 1916, there occurred an unfortunate misunderstanding,

which must have strengthened the German Government in their intention

of declaring the unrestricted submarine war. The Austrian representative

had an interview with Mr. Lansing with reference to the _Ancona_

incident, in which he understood the Secretary of State to say that

it would be agreeable to the American Government if the Central

Powers in future regarded armed enemy merchantmen as auxiliary

cruisers. Baron Zwiedineck sent a wireless report of this interview

to his Government via Nauen. As has already been mentioned, all our

wireless messages were read by the American Government departments,

and it had often occurred that objection had been raised. As this

message of Baron Zwiedineck was sent without protest I assumed

that Mr. Lansing had agreed to its contents. Later a confidential

discussion took place between the Secretary of State, Baron Zwiedineck

and myself, on the subject of this incident. Mr. Lansing said that

he had not read the wireless message, as such messages were only

examined by the censor, with a view to seeing that they did not

compromise the neutrality of the United States. Further, he maintained,

that Baron Zwiedineck must have misunderstood him, as he had not

made the statement imputed to him in the message. We did not treat

the conversation as official, in order not to put any greater

difficulties in Mr. Lansing's way than he already had to face as

a result of his Memorandum of 18th January.

The German Memorandum of 8th February, 1915, proclaiming the

unrestricted submarine campaign, was handed to Mr. Gerard in Berlin.

I had for the moment no further negotiations to conduct, as the

_Lusitania_ question was never again reopened and the question

of the "Freedom of the Seas" had been quashed by the unrestricted

submarine campaign.

Meanwhile Colonel House had gone for a second time to Europe, this

time as the official representative of the President. He was in

Berlin just at the time when the second _Lusitania_ crisis reached

its apogee.

I had announced his visit to Berlin, and prepared everything so

that he might have every opportunity for conversation with the

authoritative political personages.

When Colonel House returned to America he told me that the time

had not yet come for the mediation of the United States. He had,

however, had the opportunity to state his views in London, Paris

and Berlin, and had met with the greatest opposition in Paris,

because France had suffered so seriously in the war that she had

little more to lose by prolonging it.

In Berlin, on the other hand, he had found a disposition to agree

to mediation by Mr. Wilson when a favorable opportunity occurred.

In accordance with the wish of the President I had discussed the

peace question exclusively with Colonel House since his second

visit to Europe. This made it possible for the conversations to

be kept strictly confidential. I could call on Colonel House at

his private residence in New York at any time without attracting

attention, whereas the State Department and the White House were

always besieged by journalists as I have already mentioned. As a

rule, I took the night train to New York and called on Colonel

House in the morning, before the Press were aware that I had left

Washington.

On the 8th March, according to my instructions, I handed to the

American Government a further Memorandum, which set out in concise

terms the German standpoint.

After recapitulating the various phases of the negotiations which

are already known to the reader, it defined the existing situation

with regard to the war at sea as follows:

England was making it impossible for the submarines to carry on

their campaign against commerce in accordance with the provisions

of international law by arming practically all merchantmen, and

ordering the use of their guns for offence. Photographs of the

English orders had been sent to the neutral Governments, with the

Memorandum of the 8th February, 1916. These orders are directly

contrary to the declarations of the English Ambassador in Washington

on the 25th August, 1914. The Imperial German Government had hoped

that these facts would prompt the neutral Governments to carry out

the disarmament of merchant vessels on the lines of the proposals

for disarmament made by the United States Government on 23rd January,

1916. Actually, however, the arming of these ships with guns provided

by our enemies has been energetically pursued.

Advantage was taken by England and her Allies of the American

Government's decision not to keep her citizens off enemy merchant

ships to arm merchantmen for attack. This makes it easy for merchantmen

to destroy the submarines, and, in case of the failure of their

attack, to count themselves secure owing to the presence on board

of American citizens.

The order as to the use of arms was supplemented by instructions

given to the masters of the merchant vessels to fly false colors

and to ram the submarines. The news that prize-money was paid to

successful captains of merchant ships and honors conferred upon

them increased the effectiveness of these orders. The Allies have

associated themselves with these English measures.

Germany now finds herself faced with the following facts:

(_a_) That for a year a blockade contrary to international law

has kept neutral commerce away from German ports and made export

from Germany impossible.

(_b_) That for six months an extension, contrary to international

law, of the laws of contraband has hampered the maritime commerce

of neutral neighbors in respect of Germany.

(_c_) That interference with the post, contrary to international

law, is striving to cut Germany off from all communication with

the outside world.

(_d_) That systematically increased coercion of neutrals, on the

principle that "Might is right," is stopping trade with Germany

across the land frontiers, with a view to completing the starvation

blockade of the non-combatant population of the Central Powers.

(_e_) That Germans who are found at sea by our enemies are robbed

of their liberty regardless of whether they are combatants or

non-combatants.

(_f_) That our enemies have armed their merchant ships for attack,

and have thus made impossible the use of submarines in accordance

with the principles of the Declaration of London.

The English White Book, of the 5th January, 1916, with regard to the

restriction of German commerce, boasts that through these measures

Germany's export trade has been almost completely stopped, and that

her imports have been made dependent on the good-will of England.

The Imperial Government may hope that, in view of the friendly

relations that have existed between the two countries for a hundred

years, the standpoint herein laid down will meet with the sympathy of

the people of the United States, in spite of the increased difficulty

of mutual understanding brought about by the conduct of our enemies.

The last words of this Memorandum were vigorously commented on

by the American Press as a proof that we wished to appeal, not to

the American Government, but to the American people, as a result of

the movement which had been set on foot in Congress, and especially

in the Senate, that American citizens should be prohibited from

travelling on the armed merchant vessels of combatant States.

The struggle which was at that time being waged in Congress has

been greatly exaggerated in Germany. At home it was thought that the

weight of opinion in Congress in favor of the warning of passengers

was very great. On the pro-German side in New York it was thought

that Congress was anxious to avert danger of a conflict. If this

could have happened through a yielding on the part of Germany, it

would, of course, have made things much easier for the Americans;

if, however, Germany refused to give way, they thought the United

States would have found a more conciliatory formula, as the country

was seeking before all things to avert war. They believed that the

re-election of 1916 had been largely won through the battle-cry,

"He kept us out of the war," which showed that Congress, with its

love of freedom, reflected the general opinion. It was, moreover,

doubted in the same quarter whether Wilson, as a pacifist candidate

for the Presidency, could declare war at that time, when there

was as yet no definite provocation--as, for example, the Mexico

Dispatch. The theory of this small pro-German group in New York

was that Congress would at that time have done anything to avoid

war, and that they had only accepted the Gore resolution in order

to humiliate the President in the eyes of the world as no head

of a State had ever been disavowed before.

In the same quarter--as also happened before the Committee of the

German National Assembly--the whole question aroused indignation.

It was said that when the Germans read that it had been pompously

brought forward as a point of honor whether a few Americans should

travel by enemy armed vessels, they bristled with anger. It looked

to them as though the alternatives were whether these few Americans

should travel in the war-zone on neutral ships, or whether a great

civilized nation like Germany should go under! The matter developed

from the "too proud to fight" attitude--when Wilson really believed

there was a danger of war, and so drew back--to the tone of February,

1916--when he no longer believed in the possibility of war, but

felt sure that he could subdue us with hard words. They thought it

strange, moreover, to hear Wilson speaking of the gradual breakdown

of the delicate structure of international law. That had resulted

from England's attitude, and in 1812 America had declared war on

the English because of an illegal blockade.

Politics are not to be carried on by indignation, but only with a

cool head and a clear vision for political realities. We could not

alter the American situation, but must strive to conduct ourselves

in such a way as to prejudice the position of the United States as

little as possible.

I had from the beginning little doubt that Mr. Wilson would make

his will prevail, because the domestic position in the United States

made any other issue impossible. The presidential election was

imminent, and the Democratic party had no likely candidate apart

from Mr. Wilson. If a split occurred within the party the Republicans

would be bound to win. Senators Stone and Gore were the leaders of the

Democratic Opposition, while the Republicans in this case supported

the policy of the President, partly because they were on the side of

the Entente, partly because they wanted to assure the interests of

American commerce. As has already been mentioned, Senator Stone had

always maintained a neutral attitude to the last, chiefly because he

was one of the two representatives of Missouri, and could not ignore

the large number of Germans among his constituents. For this reason

he was called by the pro-Entente Press, like the _New York Herald_,

"pro-German Mr. Stone." Senator Gore was a Pacifist on principle,

and thought that the resolution for which he was responsible, to

prohibit Americans from travelling on armed merchantmen, would

avert the danger of war.

The whole Congress story can only be read as a domestic party skirmish,

with a view to the approaching Presidential election; one section of

the Democratic party wanted a candidate other than Wilson. Just as it

was at that time a mistake to expect any advantage from the Congress

Opposition, so to-day a similar mistake is made in Germany, when it

is assumed that the struggle in the Senate over the ratification

of the Peace Treaty has a pro-German background.

The debate in Congress was not in any way connected with an acute

German-American situation. It seems necessary to give here a short

survey of the negotiations, as they appeared from my point of view.

Our first concession occurred after the _Arabic_ incident, our second

later, after the _Sussex_ incident. Between these two there was never

any concession to America on the part of Germany, for the shelving

of the second _Lusitania_ crisis constituted a compromise. Between

February, 1915, and the _Lusitania_ incident we were conducting

an unrestricted submarine campaign, subsequently a limited one,

though this was not known to America until after the sinking of

the _Arabic_; after February, 1916, the unrestricted campaign was

renewed until the _Sussex_ incident, after which cruiser warfare was

begun. This is all that concerned me in this connection. Internal

differences of opinion within the German Government, such as occurred

after February, 1915, did not make their way across the Atlantic;

for instance, the resumption of the unrestricted submarine campaign

in February, 1916, was discussed with me as little as it was with

the American Government itself.

From these facts it is evident that the action of Congress was

of no practical importance for us, for when, after this debate,

the _Sussex_ incident occurred--when, moreover, it was a question

of an unarmed ship--Mr. Wilson was free to issue his ultimatum,

and could also have broken off diplomatic relations, if we had

refused to give way. The American Government had then no thought of

a complete defeat of Germany, such as later occurred, for otherwise

they could easily have found an excuse for coming into the war. At

that time Mr. Wilson was convinced that the war would end in a

peace without victory, for which he intended to use his influence.

The whole question was merely whether we realized these facts and

would avail ourselves of them or not. Our one asset in America

was the disinclination of the majority of the people for war, for

otherwise--as appeared later--it would have been only too easy

for the United States to make war upon us with success.

The President wanted to continue the policy he had adopted hitherto,

by standing firm to the point of view that the submarine war must

be conducted according to the principles of international law, and,

further, was waiting to see whether the unrestricted submarine

campaign would give rise to any further incidents.

In a letter written to Senator Stone, on the 24th February, the

President defined his policy in the following terms:

"You are right in assuming that I shall do everything in my power to

keep the United States out of the war. I think the country will feel

no anxiety about my line of action in this respect. I have devoted

many anxious months to this task under much greater difficulties

than appeared on the surface, and so far with success. The course

which the Central Powers intend to adopt in future with regard

to submarine warfare, as shown by their Memorandum, seems at the

moment to raise insuperable difficulties; but its contents are at

first sight so difficult to reconcile with the specific assurances

which the Central Powers have recently given us as to the treatment

of merchant shipping on the high seas, that I think that explanations

will shortly be forthcoming which will throw a different light on

the matter. We have in the past had no reason to doubt their good

faith, or the sincerity of their promises, and I, for my part, am

confident that we shall have none in the future.

"But in any event our duty is clear. No nation, no group of nations,

has the right, while war is in progress, to alter or disregard

the principles which all nations have agreed upon in mitigation

of the horrors and sufferings of war; and if the clear rights of

American citizens should ever unhappily be abridged or denied by

any such action, we should, it seems to me, have in honor no choice

as to what our own course should be.

"For my own part, I cannot consent to any abridgment of the rights

of American citizens in any respect. The honor and self-respect

of the Nation is involved. We covet peace, and shall preserve it

at any cost but the loss of honor.

"To forbid our people to exercise their rights for fear we might be

called upon to vindicate them would be a deep humiliation indeed.

It would be an implicit, all but an explicit, acquiescence in the

violation of the rights of mankind everywhere and of whatever nation

or allegiance. It would be a deliberate abdication of our hitherto

proud position as spokesmen, even amid the turmoil of war, for

the law and the right. It would make everything this Government

has attempted and everything that it has accomplished during this

terrible struggle of nations meaningless and futile.

"It is important to reflect that if in this instance we allowed

expediency to take the place of principle the door would inevitably

be opened to still further concessions. Once accept a single abatement

of right, and many other humiliations would certainly follow, and

the whole fine fabric of international law might crumble under our

hands piece by piece. What we are contending for in this matter is

of the very essence of the things that have made America a sovereign

nation. She cannot yield them without conceding her own impotency as

a Nation and making virtual surrender of her independent position

among the nations of the world."

Soon afterwards--on the 3rd March--the Senate decided by 68 votes

to 14 to postpone the discussion of the Gore resolution _sine die_.

The struggle had then already ended in a victory for Mr. Wilson

when I handed over the above-mentioned Memorandum.

Regarded from our own point of view, the declaration of the

"unrestricted submarine war" was a serious political mistake, which

was not even justified by the results of the measure. The least we

could have done was to wait for the settlement of the Lusitania

question and the subsequent action of Mr. Wilson. The "unrestricted

submarine war" was not the right way to improve our situation, but

was bound inevitably to lead to a new conflict with America. It

was absolutely impossible for the submarine captains to ascertain

with certainty through the periscope whether an enemy merchant

ship was armed or not. Mistakes, therefore, were sure to arise

sooner or later. On the other hand, the Americans would not refrain

from travelling on enemy passenger ships, as their business took

them mostly to England and France, and there were not enough of

their own or neutral ships at their disposal.

The one hope for the continued avoidance of a conflict was that

the Imperial Government should not withdraw the concessions they

had made on the 5th October, 1915, with regard to "liners," and

that enemy passenger ships should not be unarmed out of regard

for their neutral passengers.

There were, as a rule, no Americans on cargo ships, for there were at

that time few sailors in the United States. From the above-mentioned

letter of Mr. Wilson to Mr. Stone, however, it appeared that the

American Government regarded our concessions as applying to all

merchant vessels, while, as I have already stated, the German naval

authorities had only intended to include passenger steamers.

This misunderstanding might now give rise to a fresh conflict,

even if mistakes on the part of submarine captains were by special

good fortune avoided.

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