Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (June 1, 1915)
vJJ1! The Commoner VOL. 13, NO. 6 u f" I a I Iral ? 5& Wit iJBS (n m ' KffitfP " "- frVW. f .. - W mm Wt't i. i Mil Diplomatic Correspondence THE SECRETARY OP STATE TO THE AMER 7 1CAN AMBASSADOR AT BERLIN Department of State, No. 1GG4J Washington, May 13, 1015. Please call on the minister of foreign affairs and after reading to him this communication loavo with him a copy. In view of recent acts of the German author ities in violation of American rights on the high seas which culminated in the torpedoing and sinking of the British steamship Lusitania on May 7, 1915, by which over 100 American citi zens lost their lives, it is clearly wise and desir able that the government of the United States ., and the Imperial German government should come to a clear and full understanding as to the grave situation which has resulted. The sinking of the British passenger steamer Falaba by a German submarine on March 28, through which Leon C. Thrasher, an American citizen, was drowned; the attack on April 28 on the American vessel Cushing by a German aero plane; the torpedoing on May 1 of the American vessel Gulilight by a German submarine, as a re sult of which two more American citizens met their death ; and finally, the torpedoing and sink ing of the steamship Lusitania, constitute a series of events which the government of the United States has observed with growing concern, dis tress, and amazement. Recalling the humane and enlightened attitude hitherto assumed by the Imperial German gov ernment in matters of international right, and particularly with regard to the freedom of the seas; having learned to recognize the German views and the German influence in the field of International obligation as always engaged upon the. side of justice and humanity; and having un derstood the instructions of the Imperial German government to its naval commanders to be upon the same plane of humane action prescribed by tho naval codes of other nations, the government of tho United States was loath to Geneve it can not now bring itself to believe that these acts, so absolutely contrary to the rules, the practices, the spirit of modern warfare, could have tho countenance or sanction of that great govern ment. , It feels it to be its duty, therefore, to ad dress the Imperial German government concern ing them with the utmost frankness and in the earnest hope that it is not mistaken in expecting action on the part of the Imperial German gov ernment which will correct the unfortunate im pressions which have been created and vindicate once more the position of that government with regard to the sacred freedom of the seas. The government of the United. States has been apprised that the Imperial German government cqnsidered themselves to be obliged by the extra ordinary circumstances of the present war and the measures adopted by their adversaries in seeking to cut Germany off from all commerce, to adopt methods of retaliation which go much be yond, the ordinary methods of warfare at sea, in the proclamation of a war zone from which, they have warned neutral ships to keep away. This government has already taken occasion to inform the Imperial Gorman government that it can not admit tho adoption of such measures or such a warning of danger to operate as in any degree an abbreviation of the rights of American ship masters or of American citizens bound on lawful errands as passengers on merchants ships' of belligerent nationality; and that it must hold the Imperial German government to a strict account ability for any infringement of those rights, in tentional or incidental. It does not understand the Imperial German government to question thpSe rights. It assumes, on the contrary, that tho Imperial government accept, as of course, the rule that the lives of noncombatants, whether they he of neutral citizenship or citizens of one of tho nations at war, can not lawfully or right fully be put in jeopardy by the capture or de struction of an unarmed merchantman, and rec ognize also, as all other nations do, the obliga tion to take the usual precaution of visit and search to ascertain whether a suspected mer chantman is in fact of belligerent nationality or is in fact carrying contraband of war under a neutral flag. --Tho government of the United States, there fore, desires to call the attention of the Imperial German government with the utmost earnestness to tho fact that the objection to their present method of attack against tho trade of their en emies lies in the practical impossibility of em ploying submarines in the destruction of com merce without disregarding those rules of fair ness, reason, justice, and humanity, which all modern opinion regards as imperative. It is practically impossible for the officers of a sub marine to visit a merchantman at sea and exam ine her papers and cargo. It is practically impos sible for them to make a prize of her; and, if they can not put a prize crew on board of her, they can not sink her without leaving her crew and all on board of her to the mercy of the sea in her small boats. These facts it is understood the Imperial German government frankly admit. We are informed that in the Instances of which we have spoken time enough for even that poor measure of safety was not given, and in at least two of the cases cited not so much as a warning was received. Manifestly submarines can not be used against merchantmen, as the last few weeks have shown, without an inevitable violation of many sacred principles of justice and humanity. American citizens act within their indisputable rights in taking their ships and in traveling wherever their legitimate business calls them upon the high seas, and exercise those rights in what should be the well-justified confidence that their lives will not be endangered by acts done in clear violation of universally acknowledged in ternational obligations, and certainly in the con fidence that their own government will sustain them in the exercise of their rights. There was recently published in the news papers of the United States, I regret to inform the Imperial German government, a formal warn ing, purporting to come from the Imperial Ger-. man Embassy at Washington, addressed to the people of the United States, and stating, in effect, that any citizen of the United States who exer cised his right of free travel upon the seas would do so at his peril if his journey should take him within the zone of waters within which the Im perial Germany navy was using Submarines against the commerce of Great Britain and France, notwithstanding tho respectful but very earnest protest of his government, the govern ment of the United States. I do not refer to this for the purpose of calling the attention of the Imperial German government at this time to the surprising irregularity of a communication from the Imperial German Embassy at Washington addressed to tho people of the United States through the newspapers, but only for the purpose of 'pointing out that no warning that an unlaw ful and inhumane act will be committed can pos sibly be accepted as an excuse or palliation for that act or as an abatement of the responsibility for its commission. Long acquainted as this government has been with the character of the Imperial German gov ernment and with the high principles of equitv by which they havo in tho past been actuated and guided, the government of the United States can not believe that the commanders of the ves sels which committed these acts of lawlessness did so except under a misapprehension of the or ders issued by the Imperial German naval au thorities. It takes it for granted that, at least within the practical possibilities of every such case, the commanders even of submarines were expected to do nothing that would involvo the lives of noncombatants or the safety of neutral ships, even at the cost qf failing of their object of capture or destruction. It confidently expects, therefore, that the Imperial German government will disavow the acts of which the government of the United States complains, that they will make reparation so far as reparation is possible for in juries which are without measure, and that they will take immediate steps to prevent the recur rence of any thing so obviously subversive of the principles of warfare for which the Imperial Ger man government have in the past so wisely and so firmly contended. The government and people of the United States look to the Imperial German government for just, prompt, and enlightened -action in this vital matter with the greater confidence because the United States and Germany are bound to gether not only by special ties of friendship but also by the explicit stipulations of the treaty of 1828 between the United States and the Kingdom of Prussia. Expressions of regret and offers of reparation case of the destruction of neutral ships sunk mistake, while they may satisfy international ligations, if no loss of life rpsmita . .. in hv rr ., m obligations, if no loss of life results, can not justify or excuse a practice, tho natural and necessary effect of which is to subject neutral na tions and neutral persons to new and immeasur- The Imperial German government will not ex pect the government of the United States to omit any word or any act necessary to the perform ance of its sacred duty of maintaining the rights of the United States and its citizens and of safe guarding their free exercise and enjoyment. BRYAN. THE GERMAN MINISTER FOR FOREIGN AFFAIRS TO THE AMERICAN AMBAS SADOR AT BERLIN No. 2326. Berlin, May 28, 1915. The undersigned has the honor to make the following reply to the note of His Excellency, Mr. James W. Gerard, ambassador of the United States of America, dated the fifteenth instant, on tho subject of the impairment of many American interests by the German submarine war. The Imperial government has subjected the statements of the government of the United States to a careful examination and has the live ly wish on its part also to contribute in a con vincing and friendly manner to clear up any mis understandings which may have entered into the relations of the two governments through the eveiits mentioned by the American government. With regard firstly to the cases of the Amer ican steamers Gushing and Gulflight, the Amer ican Embassy has already been informed that it is far from the German government to have any intention of ordering attacks by submarines or flyers on neutral vessels in the zone which have not been guilty of .any hostile act; on the con trary the most explicit instructions have been repeatedly given the German armed forces to avoid attacking such vessels. If neutral vessels have come to grief through- the German sub marine war during, the past few months by mis take, it is a question of isolated and exceptional cases which are traceable to the misuse of flags by' the British government in connection with carelessness or suspicious actions on the part of the, captains of the vessels. In all cases where a neutral vessel through no fault of its own has come to grief through the German submarine or flyers according to the facts as ascertained by the German government, this government has ex pressed its regret at the unfortunate occurrence and promised indemnification where the fads justified it. The German government will treat the cases of the American steamers Cushing and Gulflight according 'to the same principles. An investigation of these cases is in progress. Its results will be communicated to the embassy shortly. The investigation might, if thought de sirable, be supplemented by an international commission of inquiry, pursuant to Title Three of The Hague convention of October 18, 190". for the pacific settlement of international dis putes. - In the case of the sinking of the English steamer Falaba, the commander of the German submarine had the intention of allowing pas sengers and crew ample opportunity to save themselves. It was not until the captain disregarded the order to lay to and took to flight, sending up rocket signals for help, that the German com mander ordered the crew and passengers by sig . nals and megaphone to leave the ship within l" minutes. As a matter of fact he allowed them -" minutes and did. not flro the torpedo u.ntllfs.u.f picious steamers were hurrying to the aid of tn Falaba. , With regard to the loss of life when the British passenger steamer Lusitania was sunk, the te man government has already expressed its ueep regret to the neutral governments concerned uw nationals of thoso countries lost their lives o that occasion. The Imperial government m state for the rest the impression that certain ih portant facts most directly connected with sinking of the Lusitania may havo escaped i attention of the government of the United btauj&. It therefore considers it necessary in the uiu est of tho clear and full understanding aime at by either government primarily to coivw itself that the reports of tho facts wlucl ' l beforo the two governments are complete aim agreement. ' , Tho government of the United States rorecVG on the assumption that the Lusitania is i" .