Part 36

Clearly the assurances of the German Government that neutral and enemy merchant vessels, passenger as well as freight ships, should not be destroyed except upon the passengers and crew being accorded safety stood as the official position of the Imperial German Government.

On February 16, 1916, the German Ambassador communicated to the Department of State an expression of regret for the loss of American lives on the Lusitania, and proposed to pay a suitable indemnity. In the course of this note he said:

"Germany has * * * limited her submarine warfare because of her long-standing friendship with the United States and because by the sinking of the Lusitania, which caused the death of citizens of the United States, the German retaliation affected neutrals, which was not the intention, as retaliation should be confined to enemy subjects."

On March 1, 1916, the unarmed French passenger steamer Patria, carrying a number of American citizens, was attacked without warning. On March 9 the Norwegian bark Silius, riding at anchor in Havre Roads, was torpedoed by an unseen submarine and one of the seven Americans on board was injured. On March 16 the Dutch passenger steamer Tubantia was sunk in the North Sea by a torpedo. On March 16 the British steamer Berwindale was torpedoed without warning off Bantry Island with four Americans on board. On March 24 the British unarmed steamer Englishman was, after a chase, torpedoed and sunk by the submarine U-19, as a result of which one American on board perished. On March 24 the unarmed French cross-Channel steamer Sussex was torpedoed without warning, several of the twenty-four American passengers being injured. On March 27 the unarmed British liner Manchester Engineer was sunk by an explosion without prior warning, with Americans on board, and on March 28 the British steamer Eagle Point, carrying a Hotchkiss gun, which she did not use, was chased, overtaken, and sunk by a torpedo after the persons on board had taken to the boats.

The American note of February 10, 1915, stated that should German vessels of war "destroy on the high seas an American vessel or the lives of American citizens it would be difficult for the Government of the United States to view the act in any other light than an indefensible violation of neutral rights which it would be very hard, indeed, to reconcile with the friendly relations so happily subsisting between the two Governments," and that if such a deplorable situation should arise, "the Government of the United States would be constrained to hold the Imperial Government to a strict accountability for such acts of their naval authorities."

In the American note of May 13, 1915, the Government stated:

"The imperial Government will not expect the Government of the United States to omit any word or act necessary to the performance of its sacred duty of maintaining the rights of the United States and its citizens and in safeguarding their free exercise and enjoyment."

In the note of July 21, 1915, the United States Government said that--

"Repetition by the commanders of German naval vessels of acts in contravention of those rights must be regarded by the Government of the United States, when they affect American citizens, as deliberately unfriendly."

In a communication of April 18, 1916, the American Government said:

"If it is still the purpose of the Imperial Government to prosecute relentless and indiscriminate warfare against vessels of commerce by the use of submarines without regard to what the Government of the United States must consider the sacred and indisputable rules of international law and the universally recognized dictates of humanity, the Government of the United States is at last forced to the conclusion that there is but one course it can pursue. Unless the Imperial Government should not immediately declare and effect an abandonment of its present methods of submarine warfare against passenger and freight carrying vessels the Government of the United States can have no choice but to sever diplomatic relations with the German Empire altogether."

The German Government replied to this communication on May 4, 1916, giving definite assurances that new orders had been issued to the German naval forces "in accordance with the general principles of visit and search and the destruction of merchant vessels recognized by international law." And this agreement was substantially complied with for many months, but finally, on January 31, 1917, notice was given that after the following day--

"Germany will meet the illegal measures of her enemies by forcibly preventing in a zone around Great Britain, France, Italy, and in the Eastern Mediterranean all navigation, that of neutrals included, from and to England and from and to France, &c. All ships met within that zone will be sunk."

In view of this Government's warning of April 18, 1916, and the Imperial German Government's pledge of May 4 of the same year, the Government of the United States, on February 3, 1917, stated to the Imperial German Government that--

"In view of this declaration, which withdraws suddenly and without prior intimation the solemn assurance given in the Imperial Government's note of May 4, 1916, this Government has no alternative consistent with the dignity and honor of the United States but to take the course which it explicitly announced in its note of April 18, 1916, it would take in the event that the Imperial Government did not declare and effect an abandonment of the methods of submarine warfare then employed and to which the Imperial Government now purposes again to resort.

"The President has, therefore, directed me to announce to your Excellency that all diplomatic relation between the United States and the German Empire are severed, and that the American Ambassador at Berlin will be immediately withdrawn, and, in accordance with such announcement, to deliver to your Excellency your passports."

On February 3 one American ship was sunk, and since that date six American ships flying the American flag have been torpedoed, with a loss of about thirteen American citizens. In addition, fifty or more foreign vessels of both belligerent and neutral nationality with Americans on board have been torpedoed, in most cases without warning, with a consequent loss of several American citizens.

Since the beginning of the war German officials in the United States have engaged in many improper activities in violation of the laws of the United States and of their obligations as officials in a neutral country. Count von Bernstorff, the German Ambassador, Captain von Papen, Military Attaché of the embassy, Captain Boy-Ed, Naval Attaché, as well as various Consular officers and other officials, were involved in these activities, which were very widespread.

The following instances are chosen at random from the cases which have come to the knowledge of the Government:

I. By direct instruction received from the Foreign Office in Berlin the German Embassy in this country furnished funds and issued orders to the Indian Independence Committee of the Indian Nationalist Party in the United States. These instructions were usually conveyed to the committee by the military information bureau in New York (von Igel), or by the German Consulates in New York and San Francisco.

Dr. Chakrabarty, recently arrested in New York City, received, all in all, according to his own admission, some $60,000 from von Igel. He claims that the greater portion of this money was used for defraying the expenses of the Indian revolutionary propaganda in this country and, as he says, for educational purposes. While this is in itself true, it is not all that was done by the revolutionists. They have sent representatives to the Far East to stir up trouble in India, and they have attempted to ship arms and ammunition to India. These expeditions have failed. The German Embassy also employed Ernest T. Euphrat to carry instructions and information between Berlin and Washington under an American passport.

II. Officers of interned German warships have violated their word of honor and escaped. In one instance the German Consul at Richmond furnished the money to purchase a boat to enable six warrant officers of the steamer Kronprinz Wilhelm to escape after breaking their parole.

III. Under the supervision of Captain von Papen and Wolf von Igel, Hans von Wedell and, subsequently, Carl Ruroede maintained a regular office for the procurement of fraudulent passports for German reservists. These operations were directed and financed in part by Captain von Papen and Wolf von Igel. Indictments were returned, Carl Ruroede sentenced to the penitentiary, and a number of German officers fined. Von Wedell escaped and has apparently been drowned at sea. Von Wedell's operations were also known to high officials in Germany. When von Wedell became suspicious that forgeries committed by him on a passport application had become known, he conferred with Captain von Papen and obtained money from him wherewith to make his escape.

IV. James J. F. Archibald, under cover of an American passport and in the pay of the German Government through Ambassador Bernstorff, carried dispatches for Ambassador Dumba and otherwise engaged in unneutral activities.

V. Albert O. Sander, Charles Wunnenberg, and others, German agents in this country, were engaged, among other activities, in sending spies to England, equipped with American passports, for the purpose of securing military information. Several such men have been sent. Sander and Wunnenberg have pleaded guilty to indictments brought against them in New York City, as has George Voux Bacon, one of the men sent abroad by them.

VI. American passports have been counterfeited and counterfeits found on German agents. Baron von Cupenberg, a German agent, when arrested abroad, bore a counterfeit of an American passport issued to Gustav C. Roeder; Irving Guy Ries received an American passport, went to Germany, where the police retained his passports for twenty-four hours. Later a German spy named Carl Paul Julius Hensel was arrested in London with a counterfeit of the Ries passport in his possession.

VII. Prominent officials of the Hamburg-American Line, who, under the direction of Captain Boy-Ed, endeavored to provide German warships at sea with coal and other supplies in violation of the statutes of the United States, have been tried and convicted and sentenced to the penitentiary. Some twelve or more vessels were involved in this plan.

VIII. Under the direction of Captain Boy-Ed and the German Consulate at San Francisco, and in violation of our law, the steamships Sacramento and Mazatlan carried supplies from San Francisco to German war vessels. The Olsen and Mahoney, which were engaged in a similar enterprise, were detained. The money for these ventures was furnished by Captain Boy-Ed. Indictments have been returned in connection with these matters against a large number of persons.