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States, when they affect American citizens, as deliberately unfriendly."

Aug. 19, 1915-The British steamer Arabic, bound from Liverpool to New York, is torpedoed without warning at the moment when it is approaching the English steamship Dulsley, just struck by a torpedo, in order to rescue the crew. Sixteen victims, including two Americans.

Aug. 24, 1915-Count von Bernstorff communicates to the State Department the instructions he has received in regard to the Arabic. After making all reserves as to the facts, the note says that the loss of American lives is contrary to the intention of the German Government, and is deeply regretted.

Germany's Promise to Reform

Sept. 1, 1915-A letter from Count von Bernstorff informs Mr. Lansing that his instructions contain the following passage: "Passenger liners will not be sunk by our submarines without warning and without taking measures to secure the safety of the lives of noncombatants, on condition that the steamers shall not try to escape or offer resistance."

passenger

Sept. 4, 1915-The English steamer Hesperian, bound from Liverpool to Montreal, is torpedoed without warning; twenty-five deaths, including one American, and twenty persons injured. The English inquest establishes the fact that this vessel was torpedoed; the German view, however, is that it struck a mine. The American Government, considering the case doubtful, merely places the incident on file.

Sept. 7, 1915-The German Government hands a communication to the American Ambassador. It states that the Arabic was torpedoed without warning because the submarine commander was convinced that the vessel intended to attack and ram him. The German Government regards itself as under no obligation to pay an indemnity, even if the commander of the submarine was mistaken as to the intentions of the Arabic.

Sept. 9, 1915-German memorandum to the United States, declaring that "the attack on the Orduna by means of a torpedo was not in accord with existing instructions, which stipulate that large passenger steamers can be torpedoed only after due warning and after the passengers and crew have been placed in safety"; the error will not occur again, as more precise instructions have been given.

Sept. 12, 1915-Mr. Lansing communicates to Count von Bernstorff the unanimous testimony of the survivors of the Arabic that the vessel was peacefully pursuing its course when it was unexpectedly torpedoed.

Sept. 21, 1915-The newspapers publish a communication from Foreign Secretary von Jagow declaring that enemy ships carrying passengers will not be attacked without warning or without taking precautions to safeguard the lives of the passengers and crews; that, moreover, merchant ships will have nothing to fear from submarines if they do not carry contraband of war.

September, 1915-About the end of this month England, in concert with Russia, organizes submarine cruises in the Baltic against merchant vessels. These cruisers are conducted in conformity, with the rules of international law regarding visit and search, and the safeguarding of the lives of noncombatants.

Oct. 5, 1915-A letter from Count von Bernstorff to Mr. Lansing disavowing in the name of his Government the torpedoing of the Arabic; the German Government expresses regrets and promises an indemnity. The letter adds that orders given to submarines have been made so rigorous that the recurrence of such incidents is considered impossible.

Torpedoing of the Ancona

Nov. 8, 1915-The Italian passenger steamer Ancona, bound from Italy to America, is fired upon without warning, torpedoed, and sunk between Sardinia and the coast of Tunisia by a submarine flying the Austro-Hungarian flag; the fire is directed in part against the lifeboats; more than 200 victims, including twenty Americans. (This act was committed outside of the war zone proclaimed on Feb. 4, 1915; it was in September, 1915, that German and Austrian submarines began to attack merchant ships in the Mediterranean.) November, 1915-Protest of the Italian Government to the neutral nations against the destruction of the Ancona in violation of the fundamental laws of humanity and of the right which requires the belligerents to do all in their power, whatever the circumstances, to save the lives of noncombatants.

Dec. 5, 1915-Attack on the Petrolite, an American oil tank steamer, by an Austrian submarine that fires on it without warning. and continues to fire, wounding one man, after the vessel has stopped; in the end the submarine exacts a tribute of provisions from this vessel. The United States demands apology and reparation. Austria alleges that the submarine had mistaken the Petrolite for an enemy in disguise. The United States replies, (note of June 26, 1916,) that such a fear was without valid grounds, and that the conduct of the submarine commander showed an absolute lack of judgment and presence of mind, or else a well-matured intention equivalent to complete contempt for the rights of neutrals.

Dec. 9. 1915-A note from the United States to Austria-Hungary on the destruction of the Ancona. The American Government, referring to the views it had expressed in its correspondence with Austria's ally. considers that the commander of the submarine "violated the principles of international law and of humanity by shelling and torpedoing the Ancona before the persons on board had been put in a place of safety or even given sufficient time to leave the vessel"; this was "a wanton slaughter of defenseless noncombatants." It refuses to believe that the Austro-Hungarian Government sanctions such acts; it thinks that the sub

marine commander acted in violation of his instructions, and it therefore " Idemands that the Imperial and Royal Government denounce the sinking of the Ancona as an illegal and indefensible act; that the officer who perpetrated the deed be punished, and that reparation by the payment of an indemnity be made for the citizens of the United States who were killed or injured by the attack on the vessel."

Dec. 14, 1915-Baron von Burian hands an answer to the American Ambassador. It is a document of a dilatory nature. It states that the American note does not contain enough material proofs, that it does not give the names of the American victims on the Ancona, that it does not enunciate the judicial principles adopted by the Federal Government, but refers to a correspondence with another Government, with which the Government at Vienna has no authentic relation. Consequently it demands of the United States a more precise statement of rights and of facts.

Dec. 21, 1915-A second American note on the Ancona. It refers to the fact that the report of the Austro-Hungarian Admiralty states that the engines were stopped and the passengers still on board when the steamer was torpedoed. This is enough to show that there was a violation of the universally established rules of international law; the evidence is so clear that the Government of the United States has no need to discuss it, and does not understand that the AustroHungarian Government doubts it. It therefore renews its former demands.

Dec. 29, 1915-Austria replies on the subject of the Ancona. She communicates the result of an investigation and takes her stand upon this to impute the loss of human lives to the bad conduct of the crew of the Ancona. Nevertheless, she announces that the commander of the submarine has been punished for not obeying his instructions. The AustroHungarian Government promises, with slight reservations, to indemnify the victims. It reserves the right, however, to discuss later the difficult international questions arising out of submarine warfare.

Dec. 30, 1915-The Clan MacFarlane, a British vessel sailing from England to Bombay, is torpedoed without warning amid a violent storm in the Mediterranean. Fifty of the men cannot be saved.

The British passenger liner Persia is sunk in the Mediterranean; 335 victims, including several Americans. No submarine having been seen, Germany and Austria-Hungary declare that, according to the reports of their naval officers, this destruction was not caused by any of their submarines.

Jan. 7, 1916-The German Embassy at Washington issues a memorandum indicating that the submarines have received orders to conform to the general principles of international law in their operations against commerce in the Mediterranean; the measures of reprisal used in the war zone around the British Isles are not to apply in the Mediter

ranean. German submarines will not destroy enemy merchant ships that do not try to escape or to resist until after having assured the safety of the passengers and crews.

Question of Armed Merchantmen

Jan. 18, 1916-Secretary Lansing writes a letter to the diplomatic representatives of England, France, Italy, Belgium, and Japan at Washington, suggesting the establishment of a modus vivendi by the Allies on the following basis: Submarines will not attack enemy merchantmen without warning and will not sink them until after having placed passengers and crews in safety; the merchantmen will carry no armament.

Feb. 8, 1916-Germany sends a memorandum to the neutral powers announcing that armed merchant vessels of Germany's enemies will be treated as warships and attacked as such; the neutral powers are asked to warn their citizens not to intrust their lives or property to such ships.

Feb. 10, 1916-Austria-Hungary sends a memorandum to the neutral powers on the same subject.

Feb. 15, 1916-Secretary Lansing tells representatives of the American press that by international law commercial vessels have the right to carry arms in self-defense.

Feb. 24, 1916-President Wilson writes a letter to Mr. Stone, Chairman of the Committee of Foreign Affairs in the Senate. He refuses to advise American citizens not to travel on armed merchant ships belonging to Germany's enemies, because this would be to renounce the inalienable rights of Americans based on principles established by all nations to lessen the horror and sufferings of war. It would be "an implicit, all but an explicit, acquiescence in the violation of the rights of mankind everywhere," and an "abdication of our hitherto proud position as spokesmen, even amid the turmoil of war, for the law and the right."

March 3, 1916-The American Senate tables the Gore resolution, in which it had been intended to warn Americans not to travel on armed vessels of belligerents.

March 7, 1916-The House of Representatives takes similar action.

March 8, 1916-The German Ambassador to the United States communicates a memorandum regarding the naval measures adopted by the belligerents. It states that Germany in February, 1915, was compelled by her enemies to resort to "a new weapon, the use of which had not yet been regulated by international law, and in doing so could not, and did not,, violate any existing rules, but only took into account the peculiarity of this new weapon, the submarine boat"; furthermore, this action was one of retaliation against the deeds of England.

The Tubantia and Palembang

March 15-16, 1916-During the night and in a wild sea the Dutch steamer Tubantia, carrying passengers, is torpedoed without warn

ing. The German press pretends that the ship struck a mine, and even intimates that it may have been torpedoed by an English submarine. The British Admiralty issues a denial of this rumor, and adds that no mine was laid by the English fleet in the region where the sinking occurred. On the other hand, the German Legation assures the press of Holland that no German submarine or torpedo boat caused the loss of the Tubantia, and that the Germans have not planted mines in that locality. A Dutch investigation establishes the fact that the explosion was caused by a Schwartzkopf torpedo of bronze, (No. 2,033, verdict of the Dutch Navigation Council, April 11;) now, this kind of torpedo is used only by the German Navy. The German Admiralty then asserts that the torpedo in question was fired on March 6 at an English destroyer, that it missed the ship and traveled to the shore, and that the Tubantia there ran into it by accident, (declaration of June 9.) On Sept. 25 the Dutch Minister of Foreign Affairs announces that he has proposed to submit the examination into the causes of the Tubantia's destruction to an international commission of inquiry, and that the German Government has accepted, with the proviso that the commission shall not act until after the conclusion of peace; Holland has given its assent.

March 18, 1916-The Dutch steamship Palembang is sunk in the North Sea; the crew is saved, but nine men are wounded. An investigation made in Holland shows that there were three explosions, the first possibly produced by a mine, the others producible only by torpedoes; at the time of the last explosion the ship was not moving. The torpedo causing the second explosion might have been intended for an English destroyer lying near by, but the last could have been aimed only at the Palembang. The German Government affirms, on the contrary, that this vessel was not torpedoed, because, it says, no German warship was near the Palembang at the moment of the accident.

March 22 and 23, 1916-The Ambassadors of the allied powers at Washington present a note and memorandum in answer to Mr. Lansing's letter of Jan. 18. They remind the United States that the arming of merchant ships is the exercise of a recognized right, and that this protection against illegal attacks cannot be renounced save upon receipt of guarantees against a renewal of such attacks. As Germany has greatly extended her submarine war methods on lines contrary to international law, the authors of these acts would be encouraged by being left to go unpunished. Mr. Lansing's proposition is therefore rejected.

Torpedoing of the Sussex

March 24, 1916-The French passenger steamer Sussex, on its way from Folkestone to Dieppe, is torpedoed without warning. This vessel was not armed, and was not following the route of the military transports. About

eighty passengers, including American citizens, were killed or wounded; a Spanish composer, Granados, is among the victims.

March 29, 1916-The Dutch Minister of Foreign Affairs announces that he has received from the German Minister at The Hague the following declaration: "The principles laid down by the Imperial Government in regard to submarine warfare, in the form in which they were communicated to the neutral Governments, have not been modified, except that the instructions concerning armed commercial vessels have been more clearly defined. The German naval forces have the strictest orders to abstain from all attacks upon neutral ships unless they try to flee or resist search.”

April 5, 1916-The English steamer Zent is torpedoed without warning by a submarine and sinks in a few minutes; 49 victims.

April 6, 1916-The Reichstag passes a resolution offered by its Budget Committee, holding that as the submarine has shown itself to be the most effective weapon against the attempts of England to starve Germany, it is desirable to use the submarine, as well as all other military means, in such a way as to guarantee to Germany her future and a sure peace, and to safeguard Germany's interests on the seas-in her negotiations with foreign States-by the maintenance of the necessary liberty to employ this weapon, while at the same time not losing sight of the legitimate interests of neutral States.

April 7, 1916-The Dutch steamer Eemdijk, bound from Baltimore to Rotterdam, and displaying the Dutch flag and other visible signs of its nationality, is struck by a torpedo fired by a German submarine, as shown by an investigation made in England after the vessel has taken refuge there.

The Sussex Negotiations

April 10, 1916-Von Jagow delivers a note to the United States Ambassador at Berlin. A German submarine, he states, did indeed sink a long, black vessel in the English Channel, but according to sketches made by the Captain it could not have been the Sussex, but . rather a warship or an English mine layer. The Sussex probably must have struck a British mine.

April 18, 1916-The Danish press tells of the sufferings endured by the crew of the Danish sailing vessel Proven, who spent three days and two nights in open boats after their vessel, which was carrying salt from Portugal to Sweden, had been sunk by a German submarine.

April 18, 1916-Secretary Lansing sends a note in reply to the German note of April 10. After proving that the Sussex was sunk without warning by a German torpedo, the note expresses regret at perceiving that the German Government does not understand the gravity of the situation resulting not only from the attack on the Sussex, but from the whole German method of submarine warfare, comprising the destruction of merchant ships

without distinction of nationality or destination. It recalls the fact that the United States has protested against submarine warfare as contrary to the principles of humanity recognized by all civilized nations. Germany has promised to respect passenger ships, but the commanders of her submarines have not kept that promise, and the list of Americans who have thus lost their lives has grown longer from month to month, until it now has reached 100. The United States Government has been very patient, but now "it has become painfully evident to it that the position which it took at the very outset is inevitable, namely, the use of submarines for the destruction of an enemy's commerce is, of necessity, because of the very character of the vessels employed, and the very methods of attack which their employment of course involves, utterly incompatible with the principles of humanity, the longestablished and incontrovertible rights of neutrals, and the sacred immunities of noncombatants." The note ends with the statement that if it is still the purpose of the Imperial Government to prosecute relentless and indiscriminate warfare, the American Government will have no choice but to sever diplomatic relations with the German Empire altogether.

April 24, 1916-The Dutch steamer Berkelstroom, on its way to England, is shelled by a German submarine without warning. The vessel, having stopped, is sunk, though the contraband found on board amounts to only one-third of the cargo, and despite the offer to throw this overboard; to a remark of the Captain on this subject the commander of the submarine replies: "Everything that goes to England is contraband."

May 4, 1916-Von Jagow answers the American note. The Sussex affair is reserved for later treatment; if a German submarine sank that ship Germany will asume the consequences. The note protests against the American criticism of submarine warfare. "The German naval forces are under orders to conduct submarine warfare in conformity with the general principles of visit and search and the destruction of merchant vessels recognized by international law, the sole exception being the conduct of warfare against enemy trade carried on enemy freight ships encountered in the war zone surrounding Great Britain." Errors have occurred: they are inevitable in all wars. The note contends that the German submarine warfare is only a reply to the British violation of international law in condemning millions of women and children to starvation. The German Government announces that the German naval forces have received the following order:

"In accordance with the general principles of visit and search and the destruction of merchant vessels, recognized by international law, such vessels, both within and without the area declared a naval war zone, shall not be sunk without warning and without saving

human lives unless the ship attempt to escape or offer resistance."

In consequence of these new orders the German Government "does not doubt that the Government of the United States will now demand and insist that the British Government shall forthwith observe the rules of international law universally recognized before the war," rules which the United States has invoked in its notes to the British Government. Should steps taken by the Government of the United States not attain the object it desires, to have the laws of humanity followed by all the belligerent nations, the German Government would then be facing a new situation in which it must reserve to itself complete liberty of decision."

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May 10, 1916-Secretary Lansing replies to the German note of May 4. This response is very brief. It takes cognizance of the inten

tion to make German naval officers observe the rules of international law. The American Government assumes that, despite certain passages of the German note, Germany does not intend to make the fulfillment of her promises depend upon the negotiations between the United States and any other belligerent Government. The note concludes: "In order to avoid any possible misunderstanding, the Government of the United States notifies the Imperial Government that it cannot for a moment entertain, much less discuss, a suggestion that respect by German naval authorities for the rights of citizens of the United States upon the high seas should in any way or in the slightest degree be made contingent upon the conduct of any other Government affecting the rights of neutrals and noncombatants. Responsibility in such matters is single, not joint; absolute, not relative."

June 2, 1916-The Norwegian steamers Bure and Orkedal are torpedoed without warning by an unknown submarine which is seen by some of the sailors; in the crew of the Bure one man is killed and two are wounded.

Submarines in Neutral Ports

June 21, 1916-The German submarine U-35 enters the Spanish port of Carthagena and is there treated as an ordinary warship, its stay being limited to twenty-four hours.

July 9, 1916-The German commercial submarine Deutschland enters the American port of Norfolk and proceeds to Baltimore. It is considered a merchant ship and treated as such.

July 10, 1916-The Dutch sloop Geertruida, though displaying its flag and other marks of its nationality, (the national colors painted on its sides, with the word "Holland" in large letters,) is fired upon without warning by a German submarine; it sinks in three minutes. When the master of the ship expresses his contempt for such methods the commander of the submarine replies: "It's war. Germany will pay well for everything." July 19, 1916-A Swedish law forbids for

eign war submarines to enter Swedish waters under peril of being attacked without warning. An exception is made in cases where submarines are forced by stress of weather to put into port.

July 27, 1916-Captain Fryatt is condemned to death by a German court-martial and shot. Commanding an English vessel that was summoned to stop by the German U-53, he had tried to sink the latter by heading his ship toward it at full speed. This had occurred on March 28, 1915.

Aug. 9. 1916-According to press dispatches, the Bundesrat approves the rejection by the Chancellor of the unrestricted submarine warfare urged by the Pan-German radicals.

Aug. 29, 1916-The French boat François Joseph is torpedoed in the Mediterranean, fifty miles from the Balearic Islands. The seven men of the crew remain in an open boat through a violent storm until the 31st.

August, 1916-Memorandum from the Entente Ailies to the neutral powers contends that the characteristics of submarines are an obstacle to allowing them the ordinary privileges of international law in neutral ports. By their ability to dive they can evade control; it is impossible to identify them, to ascertain their nationality, their character as neutral or belligerent, or as warship or merchant ship; every place at a distance from its base where the submarine can stay and obtain supplies becomes for it a base of naval operations. Consequently the Allies are of the opinion that submarines belonging to belligerents ought not to be admitted to neutral waters and that every belligerent submarine entering a neutral port should be interned.

To this memorandum the Government of the United States replies (Aug. 31) that it is not "at present aware of any circumstances concerning the use of war or merchant submarines which would render the existing rules of international law inapplicable to them," and that in consequence it will reserve its liberty of action. It adds that it is the duty of belligerent powers to distinguish between submarines of neutral and belligerent nationality.

Oct. 7, 1916-The German submarine U-53 arrives at Newport, R. I., and remains there a few hours.

Oct. 8, 1916-German submarines sink five Eritish and neutral vessels in proximity to American waters. Among the latter is the Dutch steamer Blommersdijk. The Netherlands Government protests, holding that the cargo was destined for Holland. It receives assurance that "the commanders of submarines have strict orders not to sink neutral ships without fully observing the stipulations of the German code for maritime prizes," and that if these orders have not been executed the German Government will indemnify Holland. (Communiqué of the Netherlands Government, published Oct. 14.)

Oct. 11, 1916-A note from Norway to Germany protests against the fact that Norwegian vessels have been sunk recently without sufficient provision for the safety of the lives of the crews, a course contrary to the law of nations. It holds that the Convention of London does not authorize the destruction of neutral ships except in special cases, and that the German practice is making a rule of the exception.

Oct. 13, 1916-A Norwegian decree forbids naval submarines of the belligerent powers to enter Norwegian waters under pain of being attacked without warning. Exception is made in case of forced refuge. The interdiction does not extend to naval submarines of neutrals, nor to any commercial submarines.

[Remark-The German press, which approved the similar Swedish decree of July 19, freely condemns that of Norway.]

Oct. 14, 1916-Holland replies to the allied memorandum of August. The Netherlands Government declares that when it forbade all warships to enter its territorial waters, war submarines were included in that interdiction; as for commercial submarines entering Dutch ports, no rule of international law authorizes their internment.

Oct. 18, 1916-A communiqué from the German Legation to the Norwegian press gives an answer to the note of the 11th. It assures Norway that the German naval forces destroy neutral vessels only when they cannot do otherwise. It adds that in such cases the German commanders take the greatest care to bring the Norwegian vessels as near to the shore as possible.

Oct. 20, 1916-A German note to Norway places on record certain reservations which the Imperial Government makes in regard to the Norwegian decree of Oct. 13.

Statistical Data

March 30, 1916-Mr. Nelson communicates to the United States Senate a list of 136 Norwegian, Swedish, Danish, and Dutch ships sunk by submarines.

April 18, 1916-Mr. Runciman informs the House of Commons that from Aug. 4, 1914, to April 15, 1916, 3,117 persons (1,754 sailors, 188 fishermen, and 1,175 passengers) lost their lives on British ships by acts of the enemy.

May 11, 1916-The British Government communicates to the House of Commons a list of 37 English and 22 neutral vessels that were torpedoed without warning from May 7, 1915, to May 10, 1916.

Oct. 10, 1916-Norway has lost to date 171 vessels, totaling 235,000 tonnage; 140 Norwegian sailors have perished.

Nov. 18, 1916-The Paris edition of The London Daily Mail cites a response of Lord Grey to the effect that from June 1 to Sept. 30, 1916, German submarines have sunk, not counting warships, 714 British vessels, 314 vessels belonging to England's allies, and 281 neutral merchantmen, of which 160 were Norwegian.

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