these was that while the submarine was sinking a British cargo vessel which she had captured, a large steamship (not known by them at the time to be the Arabic,) approached as if to ram. The testimony of the Arabic's officers was positively that there had been no intention of attacking the submarine, which they declared had not been seen by them. The testimony also developed the fact that the Arabic, which had sighted the sinking cargo steamer first from a distance of about 7 miles, had approached to a distance estimated variously as 3 miles to 11⁄2 miles, and that she began a zig-zag course at a distance of about 4 miles.

October 5 (before these papers reached America) Germany informed the United States that while the submarine commander had believed that the Arabic had approached to ram him, the German government did not doubt the good faith of the Arabic's officers in their testimony and that, therefore, the attack on the liner was a violation of instructions, that the act was regretted and disavowed, and that indemnity would be paid for the American lives lost. October 20 this declaration was repeated.

November 7 the Italian steamship Ancona was sunk by an Austrian submarine in the Mediterranean and on December 6, 1915, President Wilson sent the following note to Austria:]

WILSON'S NOTE TO AUSTRIA ON ANCONA AFFAIR
DEPARTMENT OF STATE,

WASHINGTON, December 6, 1915.

To Ambassador Penfield (Vienna):

Please deliver a note to the Minister of Foreign Affairs, textually as follows:

Reliable information obtained from American and other survivors who were passengers on the steamship Ancona shows that on Nov. 7 a submarine flying the Austro-Hungarian flag fired a solid shot toward the steamship, that thereupon the Ancona attempted to escape, but, being overhauled by the submarine, she stopped, that after a brief period and before the crew and passengers were all able to take to the boats the submarine fired a number of shells at the vessel and finally torpedoed and sank her while there were yet many persons on board, and that by gunfire and foundering of the vessel a large number of persons lost their lives or were seriously injured, among whom were citizens of the United States.

The public statement of the Austro-Hungarian Admiralty has been brought to the attention of the Government of the United States and received careful consideration. This statement substantially confirms the principal declaration of the survivors, as it admits that the Ancona, after being shelled, was torpedoed and sunk while persons were still on board.

The Austro-Hungarian Government has been advised, through the correspondence which has passed between the United States and Germany, of the attitude of the Government of the United States as to the use of submarines in attacking vessels of commerce, and the acquiescence of Germany in that attitude, yet with full knowledge on the part of the Austro-Hungarian Government of the views of the Government of the United States as expressed in no uncertain terms to the ally of Austria-Hungary, the commander of the submarine which attacked the Ancona failed to put in a place of safety the crew and passengers of the vessel which they purposed to destroy because, it is presumed, of the impossibility of taking it into port as a prize of war.

The Government of the United States considers that the commander 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. The conduct of the commander can only be characterized as wanton slaughter of defenseless noncombatants, since at the time when the vessel was shelled and torpedoed she was not, it appears, resisting or attempting to escape, and no other reason is sufficient to excuse such an attack, not even the possibility of rescue.

The Government of the United States is forced, therefore, to conclude either that the commander of the submarine acted in violation of his instructions or that the Imperial and Royal Government failed to issue instruc

tions to the commanders of its submarines in accordance with the law of nations and the principles of humanity. The Government of the United States is unwilling to believe the latter alternative and to credit the Austro-Hungarian Government with an intention to permit its submarines to destroy the lives of helpless men, women and children. It prefers to believe that the commander of the submarine committed this outrage without authority and contrary to the general or special instructions which he had received.

As the good relations of the two countries must rest upon a common regard for law and humanity, the Government of the United States cannot be expected to d otherwise than to demand 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.

The Government of the United States expects that the Austro-Hungarian Government, appreciating the gravity of the case, will accede to its demand promptly, and it rests this expectation on the belief that the Austro-Hungarian Government will not sanction or defend an act which is condemned by the world as inhumane and barbarous, which is abhorrent to all civilized nations, and which has caused the death of innocent American citizens.

LANSING.

[The Austrian reply was eminently unsatisfactory and asked for more specifications and proofs, but after some irritating correspondence announced that the commander of the submarine had been punished.

March 24, 1916, the British channel steamer Sussex, bound from Folkestone, England, to Dieppe, France, was torpedoed and after full investigation the United States sent the following communication to Germany:]

WILSON'S NOTE ON SUSSEX AFFAIR AND ON GENERAL SUBMARINE WARFARE AGAINST MERCHANT SHIPS

DEPARTMENT OF STATE, WASHINGTON, April 18, 1916.

To Ambassador Gerard (Berlin):

You are instructed to deliver to the Secretary of Foreign Affairs a communication reading as follows:

I did not fail to transmit immediately, by telegraph, to my Government Your Excellency's note of the 10th instant in regard to certain attacks by German submarines, and particularly in regard to the disastrous explosion which on March 24, last, wrecked the French steamship Sussex in the English Channel. I have now the honor to deliver, under instruction from my Government, the following reply to Your Excellency:

Information now in the possession of the Government of the United States fully establishes the facts in the case of the Sussex, and the inferences which my Government has drawn from that information it regards as confirmed by the circumstances set forth in Your Excellency's note of the 10th instant. On the 24th of March, 1916, at about 2.50 o'clock in the afternoon, the unarmed steamer Sussex, with 325 or more passengers on board, among whom were a number of American citizens, was torpedoed while crossing from Folkestone to Dieppe. The Sussex had never been armed; was a vessel known to be habitually used only for the conveyance of passengers across the English Channel; and was not following the route taken by troop ships or supply ships. About 80 of her passengers, noncombatants of all ages and sexes, including citizens of the United States, were killed or injured.

A careful, detailed, and scrupulously impartial investigation by naval and military officers of the United States has conclusively established the fact that the Sussex was torpedoed without warning or summons to surrender and that

the torpedo by which she was struck was of German manufacture. In the view of the Government of the United States these facts from the first made the conclusion that the torpedo was fired by a German submarine unavoidable. It now considers that conclusion substantiated by the statements of Your Excellency's note. A full statement of the facts upon which the Government of the United States has based its conclusion is inclosed.

The Government of the United States, after having given careful consideration to the note of the Imperial Government of the 10th of April, regrets to state that the impression made upon it by the statements, and proposals contained in that note is that the Imperial Government has failed to appreciate the gravity of the situation which has resulted, not alone from the attack on the Sussex but from the whole method and character of submarine warfare as disclosed by the unrestrained practice of the commanders of German undersea craft during the past twelvemonth and more in the indiscriminate destruction of merchant vessels of all sorts, nationalities, and destinations. If the sinking of the Sussex had been an isolated case the Government of the United States might find it possible to hope that the officer who was responsible for that act had wilfully violated his orders or had been criminally negligent in taking none of the precautions they prescribed, and that the ends of justice might be satisfied by imposing upon him an adequate punishment, coupled with a formal disavowal of the act and payment of a suitable indemnity by the Imperial Government. But, though the attack upon the Sussex was manifestly indefensible and caused a loss of life so tragical as to make it stand forth as one of the most terrible examples of the inhumanity of submarine warfare as the commanders of German vessels are conducting it, it unhappily does not stand alone.

On the contrary, the Government of the United States is forced by recent events to conclude that it is only one