CHAPTER VI

THE NEW GERMAN THEORY OF THE STATE

The war in which England is now engaged with Germany is fundamentally a

war between two different principles--that of _raison d'état_, and that

of the rule of law. The antagonism between these two principles appeared

in our own internal history as far back as the seventeenth century, when

the Stuarts championed the theory of state-necessity and the practice of

a prerogative free to act outside and above the law in order to meet the

demands of state-necessity, and when Parliament defended the rule of law

and sought to include the Crown under that law. The same antagonism now

appears externally in a struggle between two nations, one of which

claims a prerogative to act outside and above the public law of Europe

in order to secure the 'safety' of its own state, while the other stands

for the rule of public law. The one regards international covenants to

which it has pledged its own word as 'scraps of paper' when they stand

in the way of _salus populi_; the other regards the maintenance of such

covenants as a grave and inevitable obligation.

Taught by Treitschke, whom they regard as their great national

historian, and whose lectures on _Politik_ have become a gospel, the

Germans of to-day assume as an ultimate end and a final standard what

they regard as the national German state.[179] 'The state', says

Treitschke, 'is the highest thing in the external society of man: above

it there is nothing at all in the history of the world.' There is here

no room for comity of nations; for a _societas totius humani generis_;

for international law in any true sense. What really exists is the

exclusive state--_der geschlossene Staat_--and in another sense than

that of Fichte. This state is rigorously national: it excludes all

foreign words from its vocabulary, and it would fain exclude all foreign

articles from its shores in order to found a real 'national' economy

such as List preached. Further, in the teaching of Treitschke this

exclusive state is, 'as Machiavelli first clearly saw', essentially

power: _der Staat ist Macht_. It may be defined as 'the public might for

defence and offence'. As the highest duty of the individual is

self-perfection, the highest duty of the state is self-preservation; and

self-preservation means power. 'To care for its power is the highest

moral duty of the state.' 'Of all political weaknesses that of

feebleness is the most abominable and despicable: it is the sin against

the Holy Spirit of Politics.' This may seem the mere worship of might,

and it is in effect nothing else than the mere worship of might; but we

should misrepresent Treitschke if we did not add that power is not

conceived by him as mere or bare power. The power of the state is

precious and ultimate because the state is a vehicle of culture: the

armed sword of the German state is precious because that state is the

_colporteur_ of German culture. And thus Treitschke holds that

Machiavelli, the great apostle of might, is only wrong in so far as he

failed to see that might must justify itself by having a content, that

is to say, by being used to spread the highest moral culture. It is

naturally assumed by German nationalists that this is German culture.

Two results flow from this philosophy, one negative, the other positive.

The negative result is the repudiation of any idea of the final

character of international obligation; the other is the praise of the

glory of war.

_Salus populi suprema lex_; and to it all international 'law' so called

must bend. The absolute sovereignty of the state is necessary for its

absolute power; and that absolute sovereignty cannot be bound by _any_

obligation, even of its own making. Every treaty or promise made by a

state, Treitschke holds, is to be understood as limited by the proviso

_rebus sic stantibus_. 'A state cannot bind its will for the future over

against other states.' International treaties are no absolute

limitation, but a voluntary self-limitation of the state, and only for

such time as the state may find to be convenient. The state has no judge

set over it, and any 'legal' obligation it may incur is in the last

resort subject to its own decision--in other words, to its own

repudiation.[180] That the end justifies the means (in other words, that

the maintenance of the German Empire as it stands justifies the

violation of an international obligation) 'has a certain truth'. 'It is

ridiculous to advise a state which is in competition with other states

to start by taking the catechism into its hands.' All these hints of his

master were adopted and expanded by Bernhardi, the faithful disciple of

Treitschke, whose Berlin lectures were attended in the last quarter of

the nineteenth century by soldiers and officials as well as by students.

There is no such thing, Bernhardi feels, as universal international law.

'Each nation evolves its own conception of Right (_Recht_): none can say

that one nation has a better conception than another.' 'No

self-respecting nation would sacrifice its own conception of Right' to

any international rule: 'by so doing it would renounce its own highest

ideals.' The ardent nationalism which will reject foreign words and

foreign wares will reject international law as something 'foreign'.

Again, Bernhardi makes play with the proviso _rebus sic stantibus_; and

this, curiously enough, he does in reference to Belgium. Things are

altered in Belgium, and therefore the plighted word of Germany may no

longer be binding. 'When Belgium was proclaimed neutral, no one

contemplated that she would lay claim to a large and valuable region of

Africa. It may well be asked whether the acquisition of such territory

is not _ipso facto_ a breach of neutrality.'[181]

But it is the glorification of war--war aggressive as well as war

defensive--which is the most striking result of the doctrine of the

all-sufficing, all-embracing national state. In the index to

Treitschke's _Politik_, under the word War, one reads the following

headings--'its sanctity'; 'to be conceived as an ordinance set by God';

'is the most powerful maker of nations'; 'is politics _par excellence_'.

Two functions, says Treitschke, the state exists to discharge; and these

are to administer law, and to make war. Of the two war, since it is

politics _par excellence_, would appear to be the greater. War cannot be

thought or wished out of the world: it is the only medicine for a sick

nation. When we are sunk in the selfish individualism of peace, war

comes to make us realize that we are members one of another. 'Therein

lies the majesty of war, that the petty individual altogether vanishes

before the great thought of the state.' War alone makes us realize the

social organism to which we belong: 'it is political idealism which

demands war.' And again, 'what a perversion of morality it were, if one

struck out of humanity heroism'(_Heldentum_)--as if _Heldentum_ could

not exist in peace! 'But the living God will see to it that war shall

always recur as a terrible medicine for humanity.'

Thus the idealization of the state as power results in the idealization

of war. As we have seen that the state must be 'power' in order to

preserve itself at all, we now find that it must be a war-state to

preserve itself from 'sickness'. If it does not fight, individualism

will triumph over the social organism; heroism will perish out of the

world. Hence Bernhardi writes: 'the maintenance of peace never can or

may be the goal of a policy'. War, war--the 'strong medicine', the

teacher of heroism, and, as Bernhardi adds to Treitschke, the inevitable

biological law, the force that spreads the finest culture--war is the

law of humanity. And this war is offensive as well as defensive--

primarily, indeed, offensive. For the growing nation must preserve

all its new members in its bosom: it must not let them slip away

by emigration to foreign soils. It must therefore find for itself

colonies; and since the world is already largely occupied, it must find

them by conquest from other powers.[182] Treitschke already cried the

watchwords--'Colonies!' 'Sea-power to gain colonies!' Treitschke already

designated England as the object of German attack, and began to instil

in Germany a hatred of England. England blocked the way to the growth of

Germany from a European into a World-power; Germany, to preserve intact

for German culture the surplus of the growing population, must be a

World-power or perish. And besides, England was a 'sick' state--a sham,

an hypocrisy.[183]

The whole philosophy seems paganism, or rather barbarism, with a moral

veneer. It seems barbarism, because it brings us back to the good old

days when mere might was right. Bernhardi, speaking of the right of

conquest of new territory inherent in a growing people, tells us that in

such cases 'might is at once the supreme right, and the dispute as to

what is right is decided by the arbitrament of war', which gives a

'biologically just decision'! And he expresses wonder and surprise at

those who think that 'the weak nation is to have the same right to live

as the powerful and vigorous nation'. In a word, then, might is right.

The doctrine has in itself a rude barbaric simplicity: what is utterly

revolting in the neo-Germanic presentment is its moral veneer--the talk

of war as the fruit of 'political idealism' and the expression of the

'social organism': the talk of 'historical development' as invalidating

supposed 'rights' like the neutrality of Belgium; above all, the talk of

power as 'the vehicle of the highest culture'. Treitschke, a stern

Protestant, seeks to reconcile the doctrine with Christianity; but the

doctrine is all the same pagan. It is the worship of brute force

disguised as _Heldentum_, and of vicious cunning disguised as political

morality: it is a mixture of Nietzsche[184] and of Machiavelli. It is a

doctrine of the omnipotence of the super-nation, which 'to maintain its

state', as Machiavelli said, 'will go to work against faith and charity

and humanity and religion', and which will stride ruthlessly to war when

'the day' comes. And when it goes to war, all the veneer of culture

goes. 'Have a care', Mommsen once said, 'lest in this state, which has

been at once a power in arms and a power in intelligence, the

intelligence should vanish, and nothing but the pure military state

should remain.' Mommsen's warning has come true in August, 1914. By

their fruits ye shall know them. The fruits of _Heldentum_ are Louvain

smoking in ashes to the sky.

It has seemed worth while to describe this philosophy of life, because

it is not only the philosophy of a professor like Treitschke, but also

that of a soldier like Bernhardi; and not only so, but it is the

philosophy of the Prussian Government. Even the Imperial Chancellor

himself used this doctrine (with some qualms, it is true) to justify

Germany in 'hewing its way' through Belgium. Let us only remember, in

justice to a great people, that it is not really the doctrine of

Germany, but rather the doctrine of Prussia (though Treitschke will tell

us that Germany is 'just merely an extended Prussia'). And let us

remember, in extenuation of Prussia, that she has suffered from two

things--geographical pressure springing from her mid-European situation,

and an evil tradition of ruthless conquest perpetuated by her

Hohenzollern rulers since the days of the Great Elector, and especially

since Frederic the Great. Geographical pressure on all sides has made

Prussia feel herself in a state of chronic strangulation; and a man who

feels strangled will struggle ruthlessly for breath. To get breathing

space, to secure frontiers which would ease an intolerable pressure,

Frederic the Great could seize Silesia in time of peace in spite of his

father's guarantee of the Pragmatic Sanction, and could suggest the

partition of Poland. Frontier pressure thus led to ruthless conquest

irrespective of rights; and that tradition has sunk deep. It has been

easier for England, an island state in the West exempt from pressure, to

think in other terms: it has been possible for Russia, secure in the

East, to think, and to think nobly (as the present Tsar has done), of

international obligation. Nor is it an accident that sees England and

Russia united in the common cause of Europe to-day--that sees both

championing the cause of small nations, one in the East, the other in

the West.[185]

But in whatever way we may excuse Prussia we must fight Prussia; and we

fight it in the noblest cause for which men can fight. That cause is the

public law of Europe, as a sure shield and buckler of all nations, great

and small, and especially the small. To the doctrine of the almightiness

of the state--to the doctrine that all means are justified which are, or

seem, necessary to its self-preservation, we oppose the doctrine of a

European society, or at least a European comity of nations, within which

all states stand; we oppose the doctrine of a public law of Europe, by

which all states are bound to respect the covenants they have made. We

will not and cannot tolerate the view that nations are 'in the state and

posture of gladiators' in their relations one with another; we stand for

the reign of law.

Our cause, as one would expect from a people that has fought out its own

internal struggles under the forms of law, is a legal cause. We are a

people in whose blood the cause of law is the vital element. It is no

new thing in our history that we should fight for that cause. When

England and Revolutionary France went to war in 1793, the cause, on the

side of England, was a legal cause. We fought for the public law of

Europe, as it had stood since the Peace of Westphalia in 1648. We did

not fight in 1870, because neither France nor Germany had infringed the

public law of Europe by attacking the neutrality of Belgium, but we were

ready to fight if they did. A fine cartoon in _Punch_, of August, 1870,

shows armed England encouraging Belgium, who stands ready with spear and

shield, with the words--'Trust me! Let us hope that they won't trouble

you, dear friend. But if they do----' To-day they have; and England has

drawn her sword. How could she have done otherwise, with those

traditions of law so deep in all Anglo-Saxon blood--traditions as real

and as vital to Anglo-Saxon America as to Anglo-Saxon England;

traditions which are the fundamental basis of Anglo-Saxon public life

all the world over? America once fought and beat England, in

long-forgotten days, on the ground of law. That very ground of law--that

law-abidingness which is as deeply engrained in the men of Massachusetts

to-day as it is in any Britisher--is a bond of sympathy between the two

in this great struggle of the nations.

To Germans our defence of public law may seem part of the moral

hypocrisy of which in their view we are full. What we are doing, they

feel, is to strike at Germany, our competitor for 'world-empire', with

its dangerous navy, while Germany is engaged in a life and death

struggle with France and Russia. We too, they feel, are Machiavellians;

but we have put on what Machiavelli called 'the mantle of superstition',

the pretence of morality and law, to cover our craft. It is true that we

are fighting for our own interest. But what is our interest? We are

fighting for Right, because Right is our supreme interest. The new

German political theory enunciates that 'our interest is our right'. The

old--the very old--English political theory is, 'The Right is our

interest'. It is true that we have everything to gain by defending the

cause of international law. Should that prevent us from defending that

cause? What do we not lose of precious lives in the defence?

This is the case of England. England stands for the idea of a public law

of Europe, and for the small nations which it protects. She stands for

her own preservation, which is menaced when public law is broken, and

the 'ages' slow-bought gain' imperilled.

(Treitschke's _Politik_, lectures delivered in Berlin during the years

1875 to 1895, was published in two volumes in 1899. General Bernhardi's

book, _Deutschland und der nächste Krieg_, was published in 1911, and

has been translated into English under the title _Germany and the Next

War_. See also J.A. Cramb, _England and Germany_, 1914.)

Notes:

[Footnote 179: The unity of the German state is in no small measure a

matter of artificial Prussianization. Of this Prussianization Treitschke

was the great advocate, though he was himself ultimately of Slavonic

origin, and immediately of Saxon birth.]

[Footnote 180: We are reminded of the famous sentence in _The

Prince_:--_Dove non è giudizio da richiamare si guarda al fine_.]

[Footnote 181: Bernhardi adds: 'The conception of permanent neutrality

is entirely contrary to the essential nature of the state, which can

only attain its highest moral aims in competition with other states.' It

would seem to follow that by violating the neutrality of Belgium Germany

is helping that country to attain its highest moral aims. The suggestion

that Belgium is no longer a neutral Power was not adopted by the German

Government before the war, nor by Dr. von Bethmann-Hollweg in his speech

to the Reichstag on the Belgian question (see _supra_, p. 91).]

[Footnote 182: It was significant that Germany, while offering to

England at the end of July a guarantee of the integrity of the soil of

France, would not offer any guarantee of the integrity of French

colonies (_supra_, p. 82).]

[Footnote 183: Nothing has here been said, though much might be said, of

the distortion of history and ethnology by German nationalism, or

Pan-Germanism. It is well known that the Pan-Germans regard England as

Teutonic, and destined to be gathered into the German fold. In these

last few weeks we have been reproached as a people for being traitors to

our 'Teutonic' blood. Better be traitors to blood than to plain duty;

but as a matter of fact our mixed blood has many other strains than the

Teutonic. On the aims of the Pan-Germanists readers may with profit

consult a book by Paul Vergnet, _La France en danger_ (Oct. 1913).]

[Footnote 184: In fairness to Nietzsche it should be said that in his

later years he revolted against the Prussian military system.]

[Footnote 185: German professors have recently reproached England for

being allied with 'Muscovite barbarism'. Is Russia so barbarous, whose

sovereign convened the first Peace Conference? Have not England and

Russia striven together in peace (as they now strive together in war)

for a great common cause? The German White Book, which seeks to fasten

on Russia the blame of the present war, is oblivious of all that has

happened in these matters since 1898. The reader may with advantage

refer, on this subject, to a pamphlet by Professor Vinogradoff, _Russia:

the Psychology of a Nation_ (Oxford, 1914).]

EPILOGUE

In conclusion something must be said of the process by which our

understanding with France, still so elastic in 1912 and 1913, became the

solid alliance which now, on sea and land alike, confronts the German

forces. England gave France no positive engagements until the eleventh

hour; it may be argued that England gave them far too late, and that the

war might never have occurred if England had been less obstinately and

judicially pacific. But the English case for the delay is clear. We

hesitated to throw in our lot with France, because France would not

stand neutral while Germany made war on Russia. We shrank from the

incalculable entanglements which seemed to lie before us if we allied

ourselves with a power which was so committed. Why, we were asking

ourselves, should we fight the battles of Russia in the Balkans?

We were perhaps too cautious in suspecting that France might contemplate

this policy. She could not define beforehand the limits which she would

observe in defending Russia's cause. But she knew, as we now know, that

a war with Russia meant, to German statesmen, only a pretext for a new

attack on France, even more deadly in intention than that of 1870.

France could not do without the help of Russia. How then could she

afford to forfeit Russia's friendship by declaring, at Germany's

command, that she would do nothing to help Russia?

This loyalty to the Dual Alliance left France during the last days

before the war in a cruel dilemma. Russia, however well disposed, could

not help her ally in the first weeks of a war; and for France these were

the critical weeks, the weeks upon which her own fate must depend. She

appealed urgently to England for support.

But, even on July 31st, the English Cabinet replied that it could make

no definite engagement. This answer, it is true, had been foreshadowed

in earlier communications. Sir Edward Grey had made it abundantly clear

that there could be no prospect of common action unless France were

exposed to 'an unprovoked attack', and no certainty of such action even

in that case. But France had staked everything upon the justice of her

cause. She had felt that her pacific intentions were clear to all the

world; and that England could not, with any self-respect, refuse

assistance. The French mobilization had been delayed until July 31st, to

convince the British Cabinet of French good faith; and the French fleet

had been left in the Mediterranean to guard the interests of England no

less than those of France. We can imagine how bitter was the

disappointment with which France received the English answer of July

31st.

But we were loyal to our obligations as we understood them. If our

answers to France were guarded, our answers to the German overtures of

July 29th and August 1st show that we were fighting the battle of France

with diplomatic weapons. On August 2nd we went still further, by

undertaking to defend the French coasts and shipping, if the German

fleet should come into the Channel or through the North Sea. To justify

our position of reserve from July 31st to August 4th we may quote what

Mr. Asquith said the other day (September 4th):--

'No one who has not been in that position can realize the strength,

the energy, and the persistence with which we laboured for peace. We

persevered by every expedient that diplomacy could suggest,

straining almost to breaking-point our most cherished friendships

and obligations.'

Those efforts failed. We know to-day that mediation had never any

prospects of success, because Germany had resolved that it should not

succeed. Ought we to have known this from the first? It is easy to be

wise after the event. But in England we have Cabinet government and we

have Parliamentary government. Before an English minister can act, in a

matter of national importance, no matter how positive his own

convictions may be, he must convince his colleagues, and they must feel

certain of convincing a democracy which is essentially pacific,

cautious, slow to move. Nothing short of the German attack on Belgium

would have convinced the ordinary Englishman that German statesmanship

had degenerated into piracy. That proof was given us on August 4th; and

on that day we sent our ultimatum to Berlin.

To-day all England is convinced; and we are fighting back to back with

the French for their national existence and our own. Our own, because

England's existence depends not only on her sea-power, but upon the

maintenance of European state-law. The military spirit which we have

described above (Chap. VI) tramples upon the rights of nations because

it sees a foe in every equal; because it regards the prosperity of a

neighbour as a national misfortune; because it holds that national

greatness is only to be realized in the act of destroying or absorbing

other nationalities. To those who are not yet visibly assailed, and who

possibly believe themselves secure, we can only give the warning: _Tua

res agitur, paries cum proximus ardet_.

Of the issue England is not afraid. The most unfavourable issue would

find her still convinced that she has taken the only course compatible

with honour and with public law. Military anarchism shall be destroyed

if England, France, and Russia can destroy it. On this object England

and France have staked their last ship and their last soldier. But, it

may be asked, what state-system do we hope to establish, if and when we

are successful in this great crusade?

What England not only desires but needs, and needs imperatively, is,

first, the restitution to Belgium of her former status and whatever else

can be restored of all that she has sacrificed. This is the

indispensable preliminary to any form of settlement. The next essential

is an adequate guarantee to France that she shall never experience such

another invasion as we have seen in August, 1914; without a France which

is prosperous, secure, and independent, European civilization would be

irreparably maimed and stunted. The third essential, as essential as the

other two, is the conservation of those other nations which can only

exist on sufferance so long as _Realpolitik_ is practised with impunity.

To minor nationalities it should be clear that England is their friend,

and cannot choose but stand their friend. Three times in her history she

has made war upon a would-be despot of the Continent, treating the

'Balance of Power' as a principle for which no sacrifice could be too

great. In these struggles she assisted the small Powers, less from

altruism than because their interest was her own. She supported Holland

against Philip II of Spain and against Louis XIV; against Napoleon she

supported not Holland only, but also Portugal and, to the best of her

power, Switzerland and Piedmont.

We do not argue--it would be absurd to argue--that England has always

been free from reproach in her dealings with the smaller states. Holland

may well remember the naval conflicts of the seventeenth century and the

English Navigation Laws. But Holland should also remember that, in the

seventeenth century, England was not yet a great Power; Holland and

England fought as rivals and on equal terms, in a feud which subsequent

alliances have healed, over a policy which England has long since

renounced as mischievous and futile. On Denmark we inflicted a great

wrong in 1807; it can only be extenuated by the fact, which Denmark

knows now though she did not know it then, that Napoleon had conspired

with Russia to seize the Danish fleet and use it against England.

Denmark, indeed, has better cause to complain that we gave her no

assistance in 1864. That mistake--for it was a mistake of weakness, not

deliberate treachery--has brought its own nemesis. We are still paying

for that particular mistake, and we are not likely to forget the lesson.

The case of Schleswig-Holstein shows how the losses of such a state as

Denmark may react on such a state as England.

England cannot afford that her weaker neighbours should become less

prosperous or less independent than they are. So far as the long arm of

naval power reaches, England is bound to give them whatever help she

can. From motives of self-preservation, if on no other ground, she could

not tolerate their subordination to such a power as Germany aspires to

found. Her quarrel is not with the German people, but with the political

system for which the German Empire, in its present temper, stands. That

system England is bound to resist, no matter by what power it is

adopted.

English sympathies and English traditions are here at one with English

interests. England is proud to recollect how she befriended struggling

nationalities in the nineteenth century. She did not support Greece and

Italy for the sake of any help that they could give her. The goodwill of

England to Holland, to Switzerland, to the Scandinavian states, is

largely based upon their achievements in science and art and literature.

They have proved that they can serve the higher interests of humanity.

They have contributed to the growth of that common civilization which

links together the small powers and the great with bonds more sacred and

more durable than those of race, of government, of material interest. In

this fraternity each nation has a duty to the rest. If we have harped on

England's interest, it must not for a moment be supposed that we have

forgotten England's duty. But England stands to-day in this fortunate

position, that her duty and her interest combine to impel her in the

same direction.

APPENDIX I

GERMANY'S REASONS

FOR

WAR WITH RUSSIA

How Russia and her Ruler betrayed Germany's confidence and thereby made

the European War.

WITH THE ORIGINAL TELEGRAMS

AND NOTES.

Druck und Verlag: Liebheit & Thiesen, Berlin.

Foreign Office,

Berlin, August 1914.

On June 28th the Austro-Hungarian successor to the throne, Arch-Duke

Franz Ferdinand, and his wife, the Duchess of Hohenberg, were

assassinated by a member of a band of servian conspirators. The

investigation of the crime through the Austro-Hungarian authorities has

yielded the fact that the conspiracy against the life of the Arch-Duke

and successor to the throne was prepared and abetted in Belgrade with

the cooperation of Servian officials, and executed with arms from the

Servian State arsenal. This crime must have opened the eyes of the

entire civilized world, not only in regard to the aims of the Servian

policies directed against the conservation and integrity of the

Austro-Hungarian monarchy, but also concerning the criminal means which

the pan-Serb propaganda in Servia had no hesitation in employing for the

achievement of these aims.

The goal of these policies was the gradual revolutionizing and final

separation of the south-easterly districts from the Austro-Hungarian

monarchy and their union with Servia. This direction of Servias policy

has not been altered in the least in spite of the repeated and solemn

declarations of Servia in which it vouchsafed a change in these policies

toward Austria-Hungary as well as the cultivation of good and neighborly

relations.

In this manner for the third time in the course of the last 6 years

Servia has led Europe to the brink of a world-war.

It could only do this because it believed itself supported in its

intentions by Russia.

Russia soon after the events brought about by the Turkish revolution of

1908, endeavored to found a union of the Balcan states under Russian

patronage and directed against the existence of Turkey. This union which

succeeded in 1911 in driving out Turkey from a greater part of her

European possessions, collapsed over the question of the distribution of

spoils. The Russian policies were not dismayed over this failure.

According to the idea of the Russian statesmen a new Balcan union under

Russian patronage should be called into existence, headed no longer

against Turkey, now dislodged from the Balcan, but against the existence

of the Austro-Hungarian monarchy. It was the idea that Servia should

cede to Bulgaria those parts of Macedonia which it had received during

the last Balcan war, in exchange for Bosnia and the Herzegovina which

were to be taken from Austria. To oblige Bulgaria to fall in with this

plan it was to be isolated, Roumania attached to Russia with the aid of

French propaganda, and Servia promised Bosnia and the Herzegovina.

Under these circumstances it was clear to Austria that it was not

compatible with the dignity and the spirit of self-preservation of the

monarchy to view idly any longer this agitation across the border. The

Imperial and Royal Government appraised Germany of this conception and

asked for our opinion. With all our heart we were able to agree with our

allys estimate of the situation, and assure him that any action

considered necessary to end the movement in Servia directed against the

conservation of the monarchy would meet with our approval.

We were perfectly aware that a possible warlike attitude of

Austria-Hungary against Servia might bring Russia upon the field, and

that it might therefore involve us in a war, in accordance with our duty

as allies. We could not, however, in these vital interests of

Austria-Hungary, which were at stake, advise our ally to take a yielding

attitude not compatible with his dignity, nor deny him our assistance in

these trying days. We could do this all the less as our own interests

were menaced through the continued Serb agitation. If the Serbs

continued with the aid of Russia and France to menace the existence of

Austria-Hungary, the gradual collapse of Austria and the subjection of

all the Slavs under one Russian sceptre would be the consequence, thus

making untenable the position of the Teutonic race in Central Europe. A

morally weakened Austria under the pressure of Russian pan-slavism would

be no longer an ally on whom we could count and in whom we could have

confidence, as we must be able to have, in view of the ever more

menacing attitude of our easterly and westerly neighbors. We, therefore,

permitted Austria a completely free hand in her action towards Servia

but have not participated in her preparations.

Austria chose the method of presenting to the Servian Government a note,

in which the direct connection between the murder at Sarajevo and the

pan-Serb movement, as not only countenanced but actively supported by

the Servian Government, was explained, and in which a complete cessation

of this agitation, as well as a punishment of the guilty, was requested.

At the same time Austria-Hungary demanded as necessary guarantee for the

accomplishment of her desire the participation of some Austrian

officials in the preliminary examination on Servian territory and the

final dissolution of the pan-Serb societies agitating against

Austria-Hungary. The Imperial and Royal Government gave a period of 48

hours for the unconditional acceptance of its demands.

The Servian Government started the mobilization of its army one day

after the transmission of the Austro-Hungarian note.

As after the stipulated date the Servian Government rendered a reply

which, though complying in some points with the conditions of

Austria-Hungary, yet showed in all essentials the endeavor through

procrastination and new negotiations to escape from the just demands of

the monarchy, the latter discontinued her diplomatic relations with

Servia without indulging in further negotiations or accepting further

Servian assurances, whose value, to its loss, she had sufficiently

experienced.

From this moment Austria was in fact in a state of war with Servia,

which it proclaimed officially on the 28th of July by declaring war.

[Sidenote: see exhibits 1 & 2.]

From the beginning of the conflict we assumed the position that there

were here concerned the affairs of Austria alone, which it would have to

settle with Servia. We therefore directed our efforts toward the

localizing of the war, and toward convincing the other powers that

Austria-Hungary had to appeal to arms in justifiable self-defence,

forced upon her by the conditions. We emphatically took the position

that no civilized country possessed the right to stay the arm of Austria

in this struggle with barbarism and political crime, and to shield the

Servians against their just punishment. In this sense we instructed our

representatives with the foreign powers.

[Sidenote: see exhibit 3.]

Simultaneously the Austro-Hungarian Government communicated to the

Russian Government that the step undertaken against Servia implied

merely a defensive measure against the Serb agitation, but that

Austria-Hungary must of necessity demand guarantees for a continued

friendly behavior of Servia towards the monarchy. Austria-Hungary had no

intention whatsoever to shift the balance of power in the Balcan.

In answer to our declaration that the German Government desired, and

aimed at, a localization of the conflict, both the French and the

English Governments promised an action in the same direction. But these

endeavors did not succeed in preventing the interposition of Russia in

the Austro-Servian disagreement.

[Sidenote: see exhibits 4 & 5.]

The Russian Government submitted an official communiqué on July 24th,

according to which Russia could not possibly remain indifferent in the

Servio-Austrian conflict. The same was declared by the Russian Secretary

of Foreign Affairs, M. Sasonow, to the German Ambassador, Count

Pourtalès, in the afternoon of July 26th. The German Government declared

again, through its Ambassador at St. Petersburg, that Austria-Hungary

had no desire for conquest and only wished peace at her frontiers. After

the official explanation by Austria-Hungary to Russia that it did not

claim territorial gain in Servia, the decision concerning the peace of

the world rested exclusively with St. Petersburg.

[Sidenote: see exhibits 6, 7, 8, 9.]

The same day the first news of Russian mobilization reached Berlin in

the evening.

[Sidenote: see exhibits 10, 10a, 10b.]

The German Ambassadors at London, Paris, and St. Petersburg were

instructed to energetically point out the danger of this Russian

mobilization. The Imperial Ambassador at St. Petersburg was also

directed to make the following declaration to the Russian Government:

"Preparatory military measures by Russia will force us to

counter-measures which must consist in mobilizing the army.

"But mobilization means war.

"As we know the obligations of France towards Russia, this

mobilization would be directed against both Russia and France. We

cannot assume that Russia desires to unchain such a European war.

Since Austria-Hungary will not touch the existence of the Servian

kingdom, we are of the opinion that Russia can afford to assume an

attitude of waiting. We can all the more support the desire of

Russia to protect the integrity of Servia as Austria-Hungary does

not intend to question the latter. It will be easy in the further

development of the affair to find a basis for an understanding."

[Sidenote: see exhibit 11.]

On July 27th the Russian Secretary of War, M. Ssuchomlinow, gave the

German military attaché his word of honor that no order to mobilize had

been issued, merely preparations were being made, but not a horse

mustered, nor reserves called in. If Austria-Hungary crossed the Servian

frontier, the military districts directed towards Austria, i.e. Kiev,

Odessa, Moscow, Kazan, would be mobilized, under no circumstances those

situated on the German frontier, i.e. St. Petersburg, Vilna, and Warsaw.

Upon inquiry into the object of the mobilization against

Austria-Hungary, the Russian Minister of War replied by shrugging his

shoulders and referring to the diplomats. The military attaché then

pointed to these mobilization measures against Austria-Hungary as

extremely menacing also for Germany.

In the succeeding days news concerning Russian mobilization came at a

rapid rate. Among it was also news about preparations on the

German-Russian frontier, as for instance the announcement of the state

of war in Kovno, the departure of the Warsaw garrison, and the

strengthening of the Alexandrovo garrison.

On July 27th, the first information was received concerning preparatory

measures taken by France: the 14th Corps discontinued the manoeuvres and

returned to its garrison.

In the meantime we had endeavored to localize the conflict by most

emphatic steps.

[Sidenote: see exhibit 12.]

On July 26th, Sir Edward Grey had made the proposal to submit the

differences between Austria-Hungary and Servia to a conference of the

Ambassadors of Germany, France, and Italy under his chairmanship. We

declared in regard to this proposal that we could not, however much we

approved the idea, participate in such a conference, as we could not

call Austria in her dispute with Servia before a European tribunal.

France consented to the proposal of Sir Edward Grey, but it foundered

upon Austria's declining it, as was to be expected.

[Sidenote: see exhibit 13.]

Faithful to our principle that mediation should not extend to the

Austro-Servian conflict, which is to be considered as a purely

Austro-Hungarian affair, but merely to the relations between

Austria-Hungary and Russia, we continued our endeavors to bring about an

understanding between these two powers.

[Sidenote: see exhibits 15 & 16.]

We further declared ourselves ready, after failure of the conference

idea, to transmit a second proposal of Sir Edward Grey's to Vienna in

which he suggested Austria-Hungary should decide that either the Servian

reply was sufficient, or that it be used as a basis for further

negotiations. The Austro-Hungarian Government remarked with full

appreciation of our action that it had come too late, the hostilities

having already been opened.

In spite of this we continued our attempts to the utmost, and we advised

Vienna to show every possible advance compatible with the dignity of the

monarchy.

Unfortunately, all these proposals were overtaken by the military

preparations of Russia and France.

[Sidenote: see exhibit 17.]

On July 29th, the Russian Government made the official notification in

Berlin that four army districts had been mobilized. At the same time

further news was received concerning rapidly progressing military

preparations of France, both on water and on land.

On the same day the Imperial Ambassador in St. Petersburg had an

interview with the Russian Foreign Secretary, in regard to which he

reported by telegraph, as follows:

"The Secretary tried to persuade me that I should urge my Government

to participate in a quadruple conference to find means to induce

Austria-Hungary to give up those demands which touch upon the

sovereignty of Servia. I could merely promise to report the

conversation and took the position that, after Russia had decided

upon the baneful step of mobilization, every exchange of ideas

appeared now extremely difficult, if not impossible. Besides, Russia

now was demanding from us in regard to Austria-Hungary the same

which Austria-Hungary was being blamed for with regard to Servia,

i.e. an infraction of sovereignty. Austria-Hungary having promised

to consider the Russian interests by disclaiming any territorial

aspiration,--a great concession on the part of a state engaged in

war--should therefore be permitted to attend to its affair with

Servia alone. There would be time at the peace conference to return

to the matter of forbearance towards the sovereignty of Servia.

"I added very solemnly that at this moment the entire Austro-Servian

affair was eclipsed by the danger of a general European

conflagration, and I endeavored to present to the Secretary the

magnitude of this danger.

"It was impossible to dissuade Sasonow from the idea that Servia

could not now be deserted by Russia".

On July 29th, the German Military Attache at St. Petersburg wired the

following report on a conversation with the Chief of the General Staff

of the Russian army:

"The Chief of the General Staff has asked me to call on him, and he

has told me that he has just come from His Majesty. He has been

requested by the Secretary of War to reiterate once more that

everything had remained as the Secretary had informed me two days

ago. He offered confirmation in writing and gave me his word of

honor in the most solemn manner that nowhere there had been a

mobilization, viz. calling in of a single man or horse up to the

present time, i.e. 3 o'clock in the afternoon. He could not assume a

guaranty for the future, but he could emphasize that in the fronts

directed towards our frontiers His Majesty desired no mobilization.

"As, however, I had received here many pieces of news concerning the

calling in of the reserves in different parts of the country also in

Warsaw and in Vilna, I told the general that his statements placed

me before a riddle. On his officers word of honor he replied that

such news was wrong, but that possibly here and there a false alarm

might have been given.

"I must consider this conversation as an attempt to mislead us as to

the extent of the measures hitherto taken in view of the abundant

and positive information about the calling in of reserves."

In reply to various inquiries concerning reasons for its threatening

attitude, the Russian Government repeatedly pointed out that

Austria-Hungary had commenced no conversation in St. Petersburg. The

Austro-Hungarian Ambassador in St. Petersburg was therefore instructed

on July 29th, at our suggestion, to enter into such conversation with

Sasonow. Count Szápáry was empowered to explain to the Russian minister

the note to Servia though it had been overtaken by the state of war, and

to accept any suggestion on the part of Russia as well as to discuss

with Sasonow all questions touching directly upon the Austro-Russian

relations.

[Sidenote: see exhibit 19.]

Shoulder to shoulder with England we labored incessantly and supported

every proposal in Vienna from which we hoped to gain the possibility of

a peaceable solution of the conflict. We even as late as the 30th of

July forwarded the English proposal to Vienna, as basis for

negotiations, that Austria-Hungary should dictate her conditions in

Servia, i.e. after her march into Servia. We thought that Russia would

accept this basis.

During the interval from July 29th to July 31st there appeared renewed

and cumulative news concerning Russian measures of mobilization.

Accumulation of troops on the East Prussian frontier and the declaration

of the state of war over all important parts of the Russian west

frontier allowed no further doubt that the Russian mobilization was in

full swing against us, while simultaneously all such measures were

denied to our representative in St. Petersburg on word of honor.

Nay, even before the reply from Vienna regarding the Anglo-German

mediation whose tendencies and basis must have been known in St.

Petersburg, could possibly have been received in Berlin, Russia ordered

a general mobilization.

[Sidenote: see exhibits 18, 20, 21, 22, 23.]

During the same days, there took place between His Majesty the Kaiser,

and Czar Nicolas an exchange of telegrams in which His Majesty called

the attention of the Czar to the menacing character of the Russian

mobilization during the continuance of his own mediating activities.

On July 31st, the Czar directed the following telegram to His Majesty

the Kaiser:

"I thank You cordially for Your mediation which permits the hope

that everything may yet end peaceably. It is technically impossible

to discontinue our military preparations which have been made

necessary by the Austrian mobilization. It is far from us to want

war. As long as the negotiations between Austria and Servia

continue, my troops will undertake no provocative action. I give You

my solemn word thereon. I confide with all my faith in the grace of

God, and I hope for the success of Your mediation in Vienna for the

welfare of our countries and the peace of Europe.

"Your cordially devoted

"Nicolas."

This telegram of the Czar crossed with the following, sent by H.M. the

Kaiser, also on July 31st, at 2 p.m.:

"Upon Your appeal to my friendship and Your request for my aid I

have engaged in mediation between Your Government and the Government

of Austria-Hungary. While this action was taking place, Your troops

were being mobilized against my ally Austria-Hungary, whereby, as I

have already communicated to You, my mediation has become almost

illusory. In spite of this, I have continued it, and now I receive

reliable news that serious preparations for war are going on on my

eastern frontier. The responsibility for the security of my country

forces me to measures of defence. I have gone to the extreme limit

of the possible in my efforts for the preservation of the peace of

the world. It is not I who bear the responsibility for the

misfortune which now threatens the entire civilized world. It rests

in Your hand to avert it. No one threatens the honor and peace of

Russia which might well have awaited the success of my mediation.

The friendship for You and Your country, bequeathed to me by my

grand-father on his deathbed, has always been sacred to me, and I

have stood faithfully by Russia while it was in serious affliction,

especially during its last war. The peace of Europe can still be

preserved by You if Russia decides to discontinue those military

preparations which menace Germany and Austria-Hungary."

Before this telegram reached its destination, the mobilization of all

the Russian forces, obviously directed against us and already ordered

during the afternoon of the 31st of July, was in full swing.

Notwithstanding, the telegram of the Czar was sent at 2 o'clock that

same afternoon.

[Sidenote: see exhibit 24.]

After the Russian general mobilization became known in Berlin, the

Imperial Ambassador at St. Petersburg was instructed on the afternoon of

July 31st to explain to the Russian Government that Germany declared the

state of war as counter-measure against the general mobilization of the

Russian army and navy which must be followed by mobilization if Russia

did not cease its military measures against Germany and Austria-Hungary

within 12 hours, and notified Germany thereof.

[Sidenote: see exhibit 25.]

At the same time the Imperial Ambassador in Paris was instructed to

demand from the French Government a declaration within 18 hours, whether

it would remain neutral in a Russo-German war.

The Russian Government destroyed through its mobilization, menacing the

security of our country, the laborious action at mediation of the

European cabinets. The Russian mobilization in regard to the seriousness

of which the Russian Government was never allowed by us to entertain a

doubt, in connection with its continued denial, shows clearly that

Russia wanted war.

The Imperial Ambassador at St. Petersburg delivered his note to M.

Sasonow on July 31st at 12 o'clock midnight.

The reply of the Russian Government has never reached us.

Two hours after the expiration of the time limit the Czar telegraphed to

H.M. the Kaiser, as follows:

"I have received Your telegram. I comprehend that You are forced to

mobilize, but I should like to have from You the same guaranty which

I have given You, viz., that these measures do not mean war, and

that we shall continue to negotiate for the welfare of our two

countries and the universal peace which is so dear to our hearts.

With the aid of God it must be possible to our long tried friendship

to prevent the shedding of blood. I expect with full confidence Your

urgent reply."

To this H.M. the Kaiser replied:

"I thank You for Your telegram. I have shown yesterday to Your

Government the way through which alone war may yet be averted.

Although I asked for a reply by to-day noon, no telegram from my

Ambassador has reached me with the reply of Your Government. I

therefore have been forced to mobilize my army. An immediate, clear

and unmistakable reply of Your Government is the sole way to avoid

endless misery. Until I receive this reply I am unable, to my great

grief, to enter upon the subject of Your telegram. I must ask most

earnestly that You, without delay, order Your troops to commit,

under no circumstances, the slightest violation of our frontiers."

As the time limit given to Russia had expired without the receipt of a

reply to our inquiry, H.M. the Kaiser ordered the mobilization of the

entire German Army and Navy on August 1st at 5 p.m.

[Sidenote: see exhibit 25.]

The German Ambassador at St. Petersburg was instructed that, in the

event of the Russian Government not giving a satisfactory reply within

the stipulated time, he should declare that we considered ourselves in a

state of war after the refusal of our demands. However, before a

confirmation of the execution of this order had been received, that is

to say, already in the afternoon of August 1st, i.e., the same afternoon

on which the telegram of the Czar, cited above, was sent, Russian troops

crossed our frontier and marched into German territory.

Thus Russia began the war against us.

Meanwhile the Imperial Ambassador in Paris put our question to the

French Cabinet on July 31st at 7 p.m.

[Sidenote: see exhibit 27.]

The French Prime Minister gave an equivocal and unsatisfactory reply on

August 1st at 1. p.m. which gave no clear idea of the position of

France, as he limited himself to the explanation that France would do

that which her interests demanded. A few hours later, at 5 p.m., the

mobilization of the entire French army and navy was ordered.

On the morning of the next day France opened hostilities.

THE ORIGINAL TELEGRAMS AND NOTES.

THE NOTE OF AUSTRIA-HUNGARY TO SERVIA.

Presented July 23rd in Belgrade.

"On March 31st, 1909, the Royal Servian Minister to the Court of Vienna

made the following statement, by order of his Government:

"Servia declares that she is not affected in her rights by the situation

established in Bosnia, and that she will therefore adapt herself to the

decisions which the powers are going to arrive at in reference to Art.

25 of the Berlin Treaty. By following the councils of the powers, Servia

binds herself to cease the attitude of protest and resistence which she

has assumed since last October, relative to the annexation, and she

binds herself further to change the direction of her present policies

towards Austria-Hungary, and, in the future, to live with the latter in

friendly and neighborly relations.

"The history of the last years, and especially the painful events of

June 28th, have demonstrated the existence of a subversive movement in

Servia whose aim it is to separate certain territories from the

Austro-Hungarian monarchy. This movement, which developed under the eyes

of the Servian Government, has found expression subsequently beyond the

territory of the kingdom, in acts of terrorism, a series of

assassinations and murders.

"Far from fulfilling the formal obligations contained in the declaration

of March 31st, 1909, the Royal Servian Government has done nothing to

suppress this movement. She suffered the criminal doings of the various

societies and associations directed against the monarchy, the unbridled

language of the press, the glorification of the originators of

assassinations, the participation of officers and officials in

subversive intrigues; she suffered the unwholesome propaganda in public

education, and lastly permitted all manifestations which would mislead

the Servian people into hatred of the monarchy and into contempt for its

institutions.

"This sufferance of which the Royal Servian Government made itself

guilty, has lasted up to the moment in which the events of June 28th

demonstrated to the entire world the ghastly consequences of such

sufferance.

"_It becomes plain from the evidence and confessions of the criminal

authors of the outrage of June 28th, that the murder at Sarajevo was

conceived in Belgrade, that the murderers received the arms and bombs

with which they were equipped, from Servian officers and officials who

belonged to the Narodna Odbrana, and that, lastly, the transportation of

the criminals and their arms to Bosnia was arranged and carried out by

leading Servian frontier officials._

"The cited results of the investigation do not permit the Imperial and

Royal Government to observe any longer the attitude of waiting, which it

has assumed for years towards those agitations which have their centre

in Belgrade, and which from there radiate into the territory of the

monarchy. These results, on the contrary, impose upon the Imperial and

Royal Government the duty to terminate intrigues which constitute a

permanent menace for the peace of the monarchy.

"In order to obtain this purpose, the Imperial and Royal Government is

forced to demand official assurance from the Servian Government that it

condemns the propaganda directed against Austria-Hungary, i.e. the

entirety of the machinations whose aim it is to separate parts from the

monarchy which belong to it, and that she binds herself to suppress with

all means this criminal and terrorizing propaganda.

"In order to give to these obligations a solemn character, the Royal

Servian Government will publish on the first page of its official organ

of July 26th, 1914, the following declaration:

"The Royal Servian Government condemns the propaganda directed against

Austria-Hungary, i.e. the entirety of those machinations whose aim it is

to separate from the Austro-Hungarian monarchy territories belonging

thereto, and she regrets sincerely the ghastly consequences of these

criminal actions.

"The Royal Servian Government regrets that Servian officers and

officials have participated in the propaganda, cited above, and have

thus threatened the friendly and neighborly relations which the Royal

Government was solemnly bound to cultivate by its declaration of March

31st, 1909.

"The Royal Government which disapproves and rejects every thought or

every attempt at influencing the destinations of the inhabitants of any

part of Austria-Hungary, considers it its duty to call most emphatically

to the attention of its officers and officials, and of the entire

population of the kingdom, that it will hence-forward proceed with the

utmost severity against any persons guilty of similar actions, to

prevent and suppress which it will make every effort."

"This explanation is to be brought simultaneously to the cognizance of

the Royal Army through an order of H.M. the King, and it is to be

published in the official organ of the Army.

"The Royal Servian Government binds itself, in addition, as follows:

"1. to suppress any publication which fosters hatred of, and contempt

for, the Austro-Hungarian monarchy, and whose general tendency is

directed against the latters territorial integrity;

"2. to proceed at once with the dissolution of the society Narodna

Odbrana, to confiscate their entire means of propaganda, and to proceed

in the same manner against the other societies and associations in

Servia which occupy themselves with the propaganda against

Austria-Hungary. The Royal Government will take the necessary measures,

so that the dissolved societies may not continue their activities under

another name or in another form;

"3. without delay to eliminate from the public instruction in Servia, so

far as the corps of instructors, as well as the means of instruction are

concerned, that which serves, or may serve, to foster the propaganda

against Austria-Hungary;

"4. to remove from military service and the administration in general all

officers and officials who are guilty of propaganda against

Austria-Hungary, and whose names, with a communication of the material

which the Imperial and Royal Government possesses against them, the

Imperial and Royal Government reserves the right to communicate to the

Royal Government;

"5. to consent that in Servia officials of the Imperial and Royal

Government co-operate in the suppression of a movement directed against

the territorial integrity of the monarchy;

"6. to commence a judicial investigation against the participants of the

conspiracy of June 28th, who are on Servian territory. Officials,

delegated by the Imperial and Royal Government will participate in the

examinations;

"7. to proceed at once with all severity to arrest Major Voja Tankosic

and a certain Milan Ciganowic, Servian State officials, who have been

compromised through the result of the investigation;

"8. to prevent through effective measures the participation of the

Servian authorities in the smuggling of arms and explosives across the

frontier and to dismiss those officials of Shabatz and Loznica, who

assisted the originators of the crime of Sarajevo in crossing the

frontier;

"9. to give to the Imperial and Royal Government explanations in regard

to the unjustifiable remarks of high Servian functionaries in Servia and

abroad who have not hesitated, in spite of their official position, to

express themselves in interviews in a hostile manner against

Austria-Hungary after the outrage of June 28th;

"10. The Imperial and Royal Government expects a reply from the Royal

Government at the latest until Saturday 25th inst., at 6 p.m. A memoir

concerning the results of the investigations at Sarajevo, so far as they

concern points 7. and 8. is enclosed with this note."

ENCLOSURE.

The investigation carried on against Gabrilo Princip and accomplices in

the Court of Sarajevo, on account of the assassination on June 28th has,

so far, yielded the following results:

1. The plan to murder Arch-Duke Franz Ferdinand during his stay in

Sarajevo was conceived in Belgrade by Gabrilo Princip, Nedeljko,

Gabrinowic, and a certain Milan Ciganowic and Trifko Grabez, with the

aid of Major Voja Tankosic.

2. The six bombs and four Browning pistols which were used by the

criminals, were obtained by Milan Ciganowic and Major Tankosic, and

presented to Princip Gabrinowic in Belgrade.

3. The bombs are hand grenades, manufactured at the arsenal of the

Servian Army in Kragujevac.

4. To insure the success of the assassination, Milan Ciganowic

instructed Princip Gabrinowic in the use of the grenades and gave

instructions in shooting with Browning pistols to Princip Grabez in a

forest near the target practice field of Topshider--(outside Belgrade).

5. In order to enable the crossing of the frontier of Bosnia and

Herzegovina by Princip Gabrinowic and Grabez, and the smuggling of their

arms, a secret system of transportation was organized by Ciganowic. The

entry of the criminals with their arms into Bosnia and Herzegovina was

effected by the frontier captains of Shabatz (Rade Popowic) and of

Loznica, as well as by the custom house official Rudivoy Grbic of

Loznica with the aid of several other persons.

THE SERVIAN ANSWER.

Presented at Vienna, July 25th, 1914.

(With Austria's commentaries in italics.)

The Royal Government has received the communication of the Imperial and

Royal Government of the 23rd inst. and is convinced that its reply will

dissipate any misunderstanding which threatens to destroy the friendly

and neighborly relations between the Austrian monarchy and the kingdom

of Servia.

The Royal Government is conscious that nowhere there have been renewed

protests against the great neighborly monarchy like those which at one

time were expressed in the Skuptschina, as well as in the declaration

and actions of the responsible representatives of the state at that

time, and which were terminated by the Servian declaration of March 31st

1909; furthermore that since that time neither the different

corporations of the kingdom, nor the officials have made an attempt to

alter the political and judicial condition created in Bosnia and the

Herzegovina. The Royal Government states that the I. and R. Government

has made no protestation in this sense excepting in the case of a text

book, in regard to which the I. and R. Government has received an

entirely satisfactory explanation. Servia has given during the time of

the Balcan crisis in numerous cases evidence of her pacific and moderate

policy, and it is only owing to Servia and the sacrifices which she has

brought in the interest of the peace of Europe that this peace has been

preserved.

_The Royal Servian Government limits itself to establishing that since

the declaration of March 31st 1909, there has been no attempt on the

part of the Servian Government to alter the position of Bosnia and the

Herzegovina._

_With this she deliberately shifts the foundation of our note, as we

have not insisted that she and her officials have undertaken anything

official in this direction. Our gravamen is that in spite of the

obligation assumed in the cited note, she has omitted to suppress the

movement directed against the territorial integrity of the monarchy._

_Her obligation consisted in changing her attitude and the entire

direction of her policies, and in entering into friendly and neighborly

relations with the Austro-Hungarian monarchy, and not only not to

interfere with the possession of Bosnia._

The Royal Government cannot be made responsible for expressions of a

private character, as for instance newspaper articles and the peaceable

work of societies, expressions which are of very common appearance in

other countries, and which ordinarily are not under the control of the

state. This, all the less, as the Royal Government has shown great

courtesy in the solution of a whole series of questions which have

arisen between Servia and Austria-Hungary, whereby it has succeeded to

solve the greater number thereof, in favor of the progress of both

countries.

_The assertion of the Royal Servian Government that the expressions of

the press and the activity of Servian associations possess a private

character and thus escape governmental control, stands in full contrast

with the institutions of modern states and even the most liberal of

press and society laws, which nearly everywhere subject the press and

the societies to a certain control of the state. This is also provided

for by the Servian institutions. The rebuke against the Servian

Government consists in the fact that it has totally omitted to supervise

its press and its societies, in so far as it knew their direction to be

hostile to the monarchy._

The Royal Government was therefore painfully surprised by the assertions

that citizens of Servia had participated in the preparations of the

outrage in Sarajevo. The Government expected to be invited to cooperate

in the investigation of the crime, and it was ready in order to prove

its complete correctness, to proceed against all persons in regard to

whom it would receive information.

_This assertion is incorrect. The Servian Government was accurately

informed about the suspicion resting upon quite definite personalities

and not only in the position, but also obliged by its own laws to

institute investigations spontaneously. The Servian Government has done

nothing in this direction._

According to the wishes of the I. and R. Government, the Royal

Government is prepared to surrender to the court, without regard to

position and rank, every Servian citizen, for whose participation in the

crime of Sarajevo it should have received proof. It binds itself

particularly on the first page of the official organ of the 26th of July

to publish the following enunciation:

"The Royal Servian Government condemns every propaganda which should be

directed against Austria-Hungary, i. e. the entirety of such activities

as aim towards the separation of certain territories from the

Austro-Hungarian monarchy, and it regrets sincerely the lamentable

consequences of these criminal machinations."

_The Austrian demand reads_:

"_The Royal Servian Government condemns the propaganda against

Austria-Hungary_...."

_The alteration of the declaration as demanded by us, which has been

made by the Royal Servian Government, is meant to imply that a

propaganda directed against Austria-Hungary does not exist, and that it

is not aware of such. This formula is insincere, and the Servian

Government reserves itself the supterfuge for later occasions that it

had not disavowed by this declaration the existing propaganda, nor

recognized the same as hostile to the monarchy, whence it could deduce

further that it is not obliged to suppress in the future a propaganda

similar to the present one_.

The Royal Government regrets that according to a communication of the I.

and R. Government certain Servian officers and functionaries have

participated in the propaganda just referred to, and that these have

therefore endangered the amicable relations for the observation of which

the Royal Government had solemnly obliged itself through the declaration

of March 31st, 1909.

The Government ... identical with the demanded text.

_The formula as demanded by Austria reads_:

"_The Royal Government regrets that Servian officers and functionaries

... have participated_...."

_Also with this formula and the further addition "according to the

declaration of the I. and R. Government", the Servian Government pursues

the object, already indicated above, to preserve a free hand for the

future_.

The Royal Government binds itself further:

1. During the next regular meeting of the Skuptschina to embody in the

press laws a clause, to wit, that the incitement to hatred of, and

contempt for, the monarchy is to be must severely punished, as well as

every publication whose general tendency is directed against the

territorial integrity of Austria-Hungary.

It binds itself in view of the coming revision of the constitution to

embody an amendment into Art. 22 of the constitutional law which permits

the confiscation of such publications as is at present impossible

according to the clear definition of Art. 22 of the constitution.

_Austria had demanded_:

_1. To suppress every publication which incites to hatred and contempt

for the monarchy, and whose tendency is directed against the territorial

integrity of the monarchy._

_We wanted to bring about the obligation for Servia to take care that

such attacks of the press would cease in the future._

_Instead Servia offers to pass certain laws which are meant as means

towards this end, viz.:_

_a) A law according to which the expressions of the press hostile to the

monarchy can be individually punished, a matter, which is immaterial to

us, all the more so, as the individual prosecution of press intrigues is

very rarely possible and as, with a lax enforcement of such laws, the

few cases of this nature would not be punished. The proposition,

therefore, does not meet our demand in any way, and it offers not the

least guarantee for the desired success._

_b) An amendment to Art. 22 of the constitution, which would permit

confiscation, a proposal, which does not satisfy us, as the existence of

such a law in Servia is of no use to us. For we want the obligation of

the Government to enforce it and that has not been promised us._

_These proposals are therefore entirely unsatisfactory and evasive as we

are not told within what time these laws will be passed, and as in the

event of the notpassing of these laws by the Skuptschina everything

would remain as it is, excepting the event of a possible resignation of

the Government._

2. The Government possesses no proofs and the note of the I. and R.

Government does not submit them that the society Narodna Odbrana and

other similar societies have committed, up to the present, any criminal

actions of this manner through anyone of their members. Notwithstanding

this, the Royal Government will accept the demand of the I. and R.

Government and dissolve the society Narodna Odbrana, as well as every

society which should act against Austria-Hungary.

_The propaganda of the Narodna Odbrana and affiliated societies hostile

to the monarchy fills the entire public life of Servia; it is therefore

an entirely inacceptable reserve if the Servian Government asserts that

it knows nothing about it. Aside from this, our demand is not completely

fulfilled, as we have asked besides:_

"_To confiscate the means of propaganda of these societies to prevent

the reformation of the dissolved societies under another name and in

another form._"

_In these two directions the Belgrade Cabinet is perfectly silent, so

that through this semi-concession there is offered us no guarantee for

putting an end to the agitation of the associations hostile to the

Monarchy, especially the Narodna Odbrana._

3. The Royal Servian Government binds itself without delay to eliminate

from the public instruction in Servia anything which might further the

propaganda directed against Austria-Hungary provided the I. and R.

Government furnishes actual proofs.

_Also in this case the Servian Government first demands proofs for a

propaganda hostile to the Monarchy in the public instruction of Servia

while it must know that the text books introduced in the Servian schools

contain objectionable matter in this direction and that a large portion

of the teachers are in the camp of the Narodna Odbrana and affiliated

societies._

_Furthermore, the Servian Government has not fulfilled a part of our

demands, as we have requested, as it omitted in its text the addition

desired by us: "as far as the body of instructors is concerned, as well

as the means of instruction"--a sentence which shows clearly where the

propaganda hostile to the Monarchy is to be found in the Servian

schools_.

4. The Royal Government is also ready to dismiss those officers and

officials from the military and civil services in regard to whom it has

been proved by judicial investigation that they have been guilty of

actions against the territorial integrity of the monarchy; it expects

that the I. and R. Government communicate to it for the purpose of

starting the investigation the names of these officers and officials,

and the facts with which they have been charged.

_By promising the dismissal from the military and civil services of

those officers and officials who are found guilty by judicial procedure,

the Servian Government limits its assent to those cases, in which these

persons have been charged with a crime according to the statutory code.

As, however, we demand the removal of such officers and officials as

indulge in a propaganda hostile to the Monarchy, which is generally not

punishable in Servia, our demands have not been fulfilled in this

point_.

5. The Royal Government confesses that it is not clear about the sense

and the scope of that demand of the I. and R. Government which concerns

the obligation on the part of the Royal Servian Government to permit the

cooperation of officials of the I. and R. Government on Servian

territory, but it declares that it is willing to accept every

cooperation which does not run counter to international law and criminal

law, as well as to the friendly and neighborly relations.

_The international law, as well as the criminal law, has nothing to do

with this question; it is purely a matter of the nature of state police

which is to be solved by way of a special agreement. The reserved

attitude of Servia is therefore incomprehensible and on account of its

vague general form it would lead to unbridgeable difficulties_.

6. The Royal Government considers it its duty as a matter of course to

begin an investigation against all those persons who have participated

in the outrage of June 28th and who are in its territory. As far as the

cooperation in this investigation of specially delegated officials of

the I. and R. Government is concerned, this cannot be accepted, as this

is a violation of the constitution and of criminal procedure. Yet in

some cases the result of the investigation might be communicated to the

Austro-Hungarian officials.

_The Austrian demand was clear and unmistakable_:

_1. To institute a criminal procedure against the participants in the

outrage_.

_2. Participation by I. and R. Government officials in the examinations

("Recherche" in contrast with "enquête judiciaire")._

_3. It did not occur to us to let I. and R. Government officials

participate in the Servian court procedure; they were to cooperate only

in the police researches which had to furnish and fix the material for

the investigation._

_If the Servian Government misunderstands us here, this is done

deliberately, for it must be familiar with the difference between

"enquête judiciaire" and simple police researches. As it desired to

escape from every control of the investigation which would yield, if

correctly carried out, highly undesirable results for it, and as it

possesses no means to refuse in a plausible manner the cooperation of

our officials (precedents for such police intervention exist in great

number) it tries to justify its refusal by showing up our demands as

impossible_.

7. The Royal Government has ordered on the evening of the day on which

the note was received the arrest of Major Voislar Tankosic. However, as

far as Milan Ciganowic is concerned who is a citizen of the

Austro-Hungarian Monarchy and who has been employed till June 28th with

the Railroad Department, it has as yet been impossible to locate him,

wherefor a warrant has been issued against him.

The I. and R. Government is asked to make known, as soon as possible,

for the purpose of conducting the investigation, the existing grounds

for suspicion and the proofs of guilt, obtained in the investigation at

Sarajevo.

_This reply is disingenuous. According to our investigation, Ciganowic,

by order of the police prefect in Belgrade, left three days after the

outrage for Ribari, after it had become known that Ciganowic had

participated in the outrage. In the first place, it is therefore

incorrect that Ciganowic left the Servian service on June 28th. In the

second place, we add that the prefect of police at Belgrade who had

himself caused the departure of this Ciganowic and who knew his

whereabout, declared in an interview that a man by the name of Milan

Ciganowic did not exist in Belgrade_.

8. The Servian Government will amplify and render more severe the

existing measures against the suppression of smuggling of arms and

explosives.

It is a matter of course that it will proceed at once against, and

punish severely, those officials of the frontier service on the line

Shabatz-Loznica who violated their duty and who have permitted the

perpetrators of the crime to cross the frontier.

9. The Royal Government is ready to give explanations about the

expressions which its officials in Servia and abroad have made in

interviews after the outrage and which, according to the assertion of

the I. and R. Government, were hostile to the Monarchy. As soon as the

I. and R. Government points out in detail where those expressions were

made and succeeds in proving that those expressions have actually been

made by the functionaries concerned, the Royal Government itself will

take care that the necessary evidences and proofs are collected

therefor.

_The Royal Servian Government must be aware of the interviews in

question. If it demands of the I. and R. Government that it should

furnish all kinds of detail about the said interviews and if it reserves

for itself the right of a formal investigation, it shows that it is not

its intention seriously to fulfill the demand._

10. The Royal Government will notify the I. and R. Government, so far as

this has not been already done by the present note, of the execution of

the measures in question as soon as one of those measures has been

ordered and put into execution.

The Royal Servian Government believes it to be to the common interest

not to rush the solution of this affair and it is therefore, in case the

I. and R. Government should not consider itself satisfied with this

answer, ready, as ever, to accept a peaceable solution, be it by

referring the decision of this question to the International Court at

the Hague or by leaving it to the decision of the Great Powers who have

participated in the working out of the declaration given by the Servian

Government on March 31st 1909.

_The Servian Note, therefore, is entirely a play for time._

EXHIBIT I.

The Chancellor to the Imperial Ambassadors at Paris, London, and St.

Petersburg, on Juli 23rd 1914.

The publications of the Austro-Hungarian Government concerning the

circumstances under which the Assassination of the Austrian successor to

the throne and his consort took place, disclose clearly the aims which

the pan-Serb propaganda has set itself and the means which it utilizes

for their realization. Through the published facts the last doubt must

disappear that the center of action of the efforts for the separation of

the south slavic provinces from the Austro-Hungarian Monarchy and their

union with the Servian Kingdom must be sought in Belgrade where it

displays its activity with the connivance of members of the Government

and of the Army.

The Serb intrigues may be traced back through a series of years. In a

specially marked manner the pan-Serb chauvinism showed itself during the

Bosnian crisis. Only to the far-reaching self-restraint and moderation

of the Austro-Hungarian Government and the energetic intercession of the

powers is it to be ascribed that the provocations to which at that time

Austria-Hungary was exposed on the part of Servia, did not lead to a

conflict. The assurance of future well-behaviour which the Servian

Government gave at that time, it has not kept. Under the very eyes, at

least with the tacit sufferance of official Servia, the pan-Serb

propaganda has meanwhile increased in scope and intensity; at its door

is to be laid the latest crime the threads of which lead to Belgrade. It

has become evident that it is compatible neither with the dignity nor

with the self-preservation of the Austro-Hungarian Monarchy to view any

longer idly the doings across the border through which the safety and

the integrity of the Monarchy are permanently threatened. With this

state of affairs, the action as well as the demands of the

Austro-Hungarian government can be viewed only as justifiable.

Nevertheless, the attitude assumed by public opinion as well as by the

government in Servia does not preclude the fear that the Servian

government will decline to meet these demands and that it will allow

itself to be carried away into a provocative attitude toward

Austria-Hungary. Nothing would remain for the Austro-Hungarian

government, unless it renounced definitely its position as a great

power, but to press its demands with the Servian government and, if need

be, enforce the same by appeal to military measures, in regard to which

the choice of means must be left with it.

I have the honor to request you to express yourself in the sense

indicated above to (the present representative of M. Viviani) (Sir

Edward Grey) (M. Sasonow) and therewith give special emphasis to the

view that in this question there is concerned an affair which should be

settled solely between Austria-Hungary and Servia, the limitation to

which it must be the earnest endeavor of the powers to insure. We

anxiously desire the localisation of the conflict because every

intercession of another power on account of the various treaty-alliances

would precipitate inconceivable consequences.

I shall look forward with interest to a telegraphic report about the

course of your interview.

EXHIBIT 2.

The Chancellor to the Governments of Germany.

Confidential. Berlin, July 28, 1914.

You will make the following report to the Government to which you are

accredited:

In view of the facts which the Austrian Government has published in its

note to the Servian Government, the last doubt must disappear that the

outrage to which the Austro-Hungarian successor to the throne has fallen

a victim, was prepared in Servia, to say the least with the connivance

of members of the Servian government and army. It is a product of the

pan-Serb intrigues which for a series of years have become a source of

permanent disturbance for the Austro-Hungarian Monarchy and for the

whole of Europe.

The pan-Serb chauvinism appeared especially marked during the Bosnian

crisis. Only to the far-reaching self-restraint and moderation of the

Austro-Hungarian government and the energetic intercession of the powers

is it to be ascribed that the provocations to which Austria-Hungary was

exposed at that time, did not lead to a conflict. The assurance of

future well-behaviour, which the Servian government gave at that time,

it has not kept. Under the very eyes, at least with the tacit sufferance

of official Servia, the pan-Serb propaganda has meanwhile continued to

increase in scope and intensity. It would be compatible neither with its

dignity nor with its right to self-preservation if the Austro-Hungarian

government persisted to view idly any longer the intrigues beyond the

frontier, through which the safety and the integrity of the monarchy are

permanently threatened. With this state of affairs, the action as well

as the demands of the Austro-Hungarian Government can be viewed only as

justifiable.

The reply of the Servian government to the demands which the

Austro-Hungarian government put on the 23rd inst. through its

representative in Belgrade, shows that the dominating factors in Servia

are not inclined to cease their former policies and agitation. There

will remain nothing else for the Austro-Hungarian government than to

press its demands, if need be through military action, unless it

renounces for good its position as a great power.

Some Russian personalities deem it their right as a matter of course and

a task of Russia's to actively become a party to Servia in the conflict

between Austria-Hungary and Servia. For the European conflagration which

would result from a similar step by Russia, the "Nowoje Wremja" believes

itself justified in making Germany responsible in so far as it does not

induce Austria-Hungary to yield.

The Russian press thus turns conditions upside down. It is not

Austria-Hungary which has called forth the conflict with Servia, but it

is Servia which, through unscrupulous favor toward pan-Serb aspirations,

even in parts of the Austro-Hungarian monarchy, threatens the same in

her existence and creates conditions, which eventually found expression

in the wanton outrage at Sarajevo. If Russia believes that it must

champion the cause of Servia in this matter, it certainly has the right

to do so. However, it must realize that it makes the Serb activities its

own, to undermine the conditions of existence of the Austro-Hungarian

monarchy, and that thus it bears the sole responsibility if out of the

Austro-Servian affair, which all other great powers desire to localize,

there arises a European war. This responsibility of Russia's is evident

and it weighs the more heavily as Count Berchtold has officially

declared to Russia that Austria-Hungary has no intention to acquire

Servian territory or to touch the existence of the Servian Kingdom, but

only desires peace against the Servian intrigues threatening its

existence.

The attitude of the Imperial government in this question is clearly

indicated. The agitation conducted by the pan-Slavs in Austria-Hungary

has for its goal, with the destruction of the Austro-Hungarian monarchy,

the scattering or weakening of the triple alliance with a complete

isolation of the German Empire in consequence. Our own interest

therefore calls us to the side of Austria-Hungary. The duty, if at all

possible, to guard Europe against a universal war, points to the support

by ourselves of those endeavors which aim at the localization of the

conflict, faithful to the course of those policies which we have carried

out successfully for forty-four years in the interest of the

preservation of the peace of Europe.

Should, however, against our hope, through the interference of Russia

the fire be spread, we should have to support, faithful to our duty as

allies, the neighbor-monarchy with all the power at our command. We

shall take the sword only if forced to it, but then in the clear

consciousness that we are not guilty of the calamity which war will

bring upon the peoples of Europe.

EXHIBIT 3.

Telegram of the Imperial Ambassador at Vienna to the Chancellor on July

24th 1914.

Count Berchtold has asked to-day for the Russian Chargé d'affaires in

order to explain to him thoroughly and cordially Austria-Hungary's point

of view toward Servia. After recapitulation of the historical

development of the past few years, he emphasized that the Monarchy

entertained no thought of conquest toward Servia. Austria-Hungary would

not claim Servian territory. It insisted merely that this step was meant

as a definite means of checking the Serb intrigues. Impelled by force of

circumstance, Austria-Hungary must have a guaranty for continued

amicable relations with Servia. It was far from him to intend to bring

about a change in the balance of powers in the Balcan. The Charge

d'affaires who had received no instructions from St. Petersburg, took

the discussion of the Secretary "ad referendum" with the promise to

submit it immediately to Sasonow.

EXHIBIT 4.

Telegram of the Imperial Ambassador at St. Petersburg to the Chancellor

on July 24th 1914.

I have just utilized the contents of Order 592 in a prolonged interview

with Sasonow. The Secretary (Sasonow) indulged in unmeasured accusations

toward Austria-Hungary and he was very much agitated. He declared most

positively that Russia could not permit under any circumstances that the

Servo-Austrian difficulty be settled alone between the parties

concerned.

EXHIBIT 5.

The Imperial Ambassador at St. Petersburg to the Chancellor. Telegram of

July 26th 1914.

The Austro-Hungarian Ambassador had an extended interview with Sasonow

this afternoon. Both parties had a satisfactory impression as they told

me afterwards. The assurance of the Ambassador that Austria-Hungary had

no idea of conquest but wished to obtain peace at last at her frontiers,

greatly pacified the Secretary.

EXHIBIT 6.

Telegram of the Imperial Ambassador at St. Petersburg, to the Chancellor

on July 25th 1914.

Message to H.M. from General von Chelius (German honorary aide de camp

to the Czar).

The manoeuvres of the troops in the Krasnoe camp were suddenly

interrupted and the regiments returned to their garrisons at once. The

manoeuvres have been cancelled. The military pupils were raised to-day

to the rank of officers instead of next fall. At headquarters there

obtains great excitement over the procedure of Austria. I have the

impression that complete preparations for mobilization against Austria

are being made.

EXHIBIT 7.

Telegram of the Imperial Ambassador at St. Petersburg, to the Chancellor

on July 26th 1914.

The military attaché requests the following message to be sent to the

general staff:

I deem it certain that mobilisation has been ordered for Kiev and

Odessa. It is doubtful at Warsaw and Moscow and improbable elsewhere.

EXHIBIT 8.

Telegram of the Imperial Consulate at Kovno to the Chancellor on July

27th 1914.

Kovno has been declared to be in a state of war.

(Note that the official translator means _Kriegszustand_.)

EXHIBIT 9.

Telegram of the Imperial Minister at Berne to the Chancellor on July

27th 1914.

Have learned reliably that French XIVth corps has discontinued

manoeuvres.

EXHIBIT 10.

Telegram of the Chancellor to the Imperial Ambassador at London. Urgent.

July 26th 1914.

Austria-Hungary has declared in St. Petersburg officially and solemnly

that it has no desire for territorial gain in Servia; that it will not

touch the existence of the Kingdom, but that it desires to establish

peaceful conditions. According to news received here, the call for

several classes of the reserves is expected immediately which is

equivalent to mobilization.[186] If this news proves correct, we shall

be forced to contermeasures very much against our own wishes. Our desire

to localize the conflict and to preserve the peace of Europe remains

unchanged. We ask to act in this sense at St. Petersburg with all

possible emphasis.

[Footnote 186: The German text inserts _auch gegen uns_, i.e. also

against us.]

EXHIBIT 10a.

Telegram of the Imperial Chancellor to the Imperial Ambassador at Paris.

July 26th 1914.

After officially declaring to Russia that Austria-Hungary has no

intention to acquire territorial gain and to touch the existence of the

Kingdom, the decision whether there is to be a European war rests solely

with Russia which has to bear the entire responsibility. We depend upon

France with which we are at one in the desire for the preservation of

the peace of Europe that it will exercise its influence at St.

Petersburg in favour of peace.

EXHIBIT 10b.

Telegram of the Chancellor to the Imperial Ambassador at St. Petersburg

on July 26th, 1914.

After Austria's solemn declaration of its territorial

dis-interestedness, the responsibility for a possible disturbance of the

peace of Europe through a Russian intervention rests solely upon Russia.

We trust still that Russia will undertake no steps which will threaten

seriously the peace of Europe.

EXHIBIT 11.

Telegram of the Imperial Ambassador at St. Petersburg to the Chancellor

on July 27th, 1914.

Military Attaché reports a conversation with the Secretary of War:

Why We Are at War (2nd Edition, revised) · 第 6 / 8 章