At the time when I am writing this (September 24, 1917) the moral character of the tools of the Potsdam gang has again been stripped naked by the disclosure of the treachery by which the German Legation in Argentina has utilized the Swedish Legation in that country to transmit, under diplomatic privilege, messages inciting to murder on the high seas. Argentina has already taken the action to be expected from an American Republic by dismissing the German Minister. What Sweden will do to vindicate her honor remains to be seen. Her att.i.tude may affect our opinion of her as a victim or a va.s.sal of Potsdam.

There are two points in the disclosures made on September 23 by the Department of State which bear directly upon this simple narrative of experiences at The Hague.

The fetching female comic-opera star, Ray Beveridge, discreetly alluded to in the third chapter (p. 71), was secretly paid three thousand dollars by the Imperial German Emba.s.sy in Washington to finance her artistic activities. So, you see, I was not far wrong in forwarding her divorce papers to Germany and refusing to transmit her newspaper correspondence to America. She was a paid soubrette in the Potsdam troupe.

The affable and intelligent Mr. Archibald, alluded to in this chapter (p. 169), received on April 21, 1915, according to these disclosures, five thousand dollars from the Imperial German Emba.s.sy in Washington for "propaganda" services. If I had known this when he came to me in September, it is possible that I should have been less careful to spare his feelings.

III

The record of the German submarine warfare on merchant shipping is one of the most extraordinary chapters in history. Americans have read it with appropriate indignation, but not always with clear understanding of the precise issues involved. Let me try to make those issues plain, since the submarine campaign was one of the causes which forced this war upon the United States. (President's Message to Congress, April 2, 1917, paragraphs 2-10.)

In war all naval vessels, including of course submarines, have the right to attack and destroy, by any means in their power, any war-ship of the enemy. In regard to merchant-ships the case is different, according to international law. (See G. G. Wilson, International Law, paragraphs 1l4, 136, New York, 1901-1909.)

The war-vessel has the right of "visit and search" on all merchant-ships, enemy or neutral. It has also the right, in case the cargo of the merchant-ship appears to include more than a certain percentage of contraband, to capture it and take it into a port for adjudication as a prize. The war-vessel has also the right to sink a presumptive prize under conditions (such as distance, stress of weather, and so forth) which make it impossible to take it into port.

But here the right of the war-vessel stops. It has absolutely no right to sink the merchant-ship without warning and without making efficient provision for the safety of the pa.s.sengers and crew. That is the common law of civilized nations. To break it is to put one's self beyond the pale.

Some Germanophile critics have faulted me for calling the Teutonic submarines "Potsdam pirates." A commissioned vessel, these critics say, which merely executes the orders of its government, cannot properly be called a pirate.

Why not? Take the definition of piracy given in the New Oxford Dictionary: "The crime of robbery or depredation on the sea by persons not holding a commission from an established civilized state."

There's the point! Is a nation which orders its servants to commit deeds forbidden by international law, a nation which commands its naval officers to commit deliberate, wanton, dastardly murder on the high seas (case of Belgian Prince, July 31, 1917, and others), is such a nation to be regarded as "an established civilized state"?

Were Algiers and Tunis and Tripoli "civilized states" when they sent out the Barbary pirates in the eighteenth and early nineteenth centuries? We thought not, and we sent our war-ships to whip the barbarism out of them.

Commodore Stephen Decatur, in 1815, forced the cruel and cowardly Dey of Algiers to sign a deed of renunciation and a promise of good conduct, on the deck of an American frigate, under the Stars and Stripes.

A hundred years ago the glory of the American navy was made clear to the world in the suppression of the pirates of North Africa. To-day that glory must be maintained by firm, fearless, unrelenting war against the pirates of North Germany.

A commission to do a certain thing which is in itself unlawful does not change the nature of the misdeed. No nation has a right to commission its officers to violate the law of nations.

But the Germans say their submarines are such wonderful, delicate, scientific machines that it is impossible for them to give warning of an attack, or to do anything to save the helpless people whose peaceful vessel has been sunk beneath their feet. The precious, fragile submarine cannot be expected to observe any law of humanity which would imperil its further usefulness as an instrument of destruction.

Marvellous argument--worthy of the Potsdam mind in its highest state of Kultur! By the same reasoning any a.s.sa.s.sin might claim the right to kill without resistance because he proposed to commit the crime with a dagger so delicately wrought, so frail, so slender, that the slightest struggle on the part of his victim would break the costly, beautiful, murderous weapon.

Again, these extraordinary Germans say that merchant-ships ought not to carry weapons for defense; it is too dangerous for the dainty U-boat; every merchantman thus armed must be treated as a vessel of war. But the law of nations for more than two centuries has sanctioned the carrying of defensive armament by merchant-ships, and precisely because they might need it to protect themselves against pirates.

Shall the United States be asked to rewrite this article of international law, in the midst of a great war on sea and land? Shall the government at Washington be seduced by cajolery, or compelled by threats, to rob the merchantmen of the poor protection of a single gun in order that they may fall absolutely helpless into the black hands of the prowling Potsdam pirates? That would be neutrality with a vengeance!

Yet that is just what the Imperial German Government tried to persuade or force the United States to do. Thank G.o.d the effort was vain.

These were the matters under discussion when I was called to Washington in February, 1916, for consultation with the President. The long and wearing controversy had been going on for months. Every month notes were coming from Berlin, each more evasive and unsatisfactory than the last.

Every week Count Bernstorff and his aides were coming to the State Department with new excuses, new subterfuges, and the same old lies. The President and Secretary Lansing, both of whom are excellent international lawyers, found their patience tried to the uttermost by the absurdity of the arguments presented to them and by the veiled contempt in the manner of the presentation. But they kept their tempers and did their best to keep the peace.

On two points they were firm as adamant. First, the law of nations should not and could not be changed in the midst of a war to suit the need of one of the parties. Second, "the use of submarines for the destruction of 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, incompatible with the principles of humanity, the long-established and incontrovertible rights of neutrals, and the sacred immunities of non-combatants." (President Wilson's Address to Congress, April 19, 1916.)

It was on my return from this visit to Washington that I had an opportunity of observing at close range the crooked methods of the Potsdam gang in regard to the U-boat warfare. Arriving at The Hague on March 24, 1916, I found Holland aflame with helpless rage over the recent sinking of the S.S. Tubantia, the newest and best boat of the Netherlands-Lloyd merchant-fleet. She was torpedoed by an unseen submarine on March 15.

An explanation was promptly demanded from the German Government, which denied any knowledge of the affair. Holland, lacking evidence as to the perpetrator of the crime, would have had to swallow this denial but for an accident which furnished her with the missing proof. One of the Tubantia's small boats drifted ash.o.r.e. In the boat was a fragment of a Schwarzkopf torpedo--a type manufactured and used only by Germany. This fragment was forwarded to Berlin, with another and more urgent demand for explanation, apology, and reparation.

The German newspapers coolly replied with the astounding statement that there had been two or three Schwarzkopf torpedoes in naval museums in England, and that this particular specimen had probably been given to a British submarine and used by her to destroy the good ship Tubantia.

Again Holland would have been left helpless, choking with indignation, but for a second accident. Another of the lost steamship's boats was found, and in it there was another fragment of the torpedo. This fragment bore the mark of the German navy, telling just when the torpedo was made and to which of the U-boats it had been issued.

With this bit of d.a.m.ning evidence in his bag a Dutch naval expert was sent to Berlin to get to the bottom of the crime and to demand justice.

He got there, but he found no justice in that shop.

The German navy is very systematic, keeps accurate books, makes no accidental mistake. The pedigree and record of the Schwarzkopf were found. It was issued to a certain U-boat on a certain date. Undoubtedly it was the missile which unfortunately sank the Tubantia. All this was admitted and deeply regretted. But Germany was free from all responsibility for the sad occurrence. The following amazing reason was given by the Imperial German Government.

This certain U-boat had fired this certain torpedo at a British war-vessel somewhere in the North Sea ten days before the Tubantia was sunk. The shot missed its mark. But the naughty, undisciplined little torpedo went cruising around in the sea on its own hook for ten days waiting for a chance to kill somebody. Then the Tubantia came along, and the wandering-w.i.l.l.y torpedo promptly, stupidly, ran into the ship and sank her. This was the explanation. Germany was not to blame. (See the official report in the Orange Books of the Netherlands Government, July, 1916, December, 1916.)

This stupendous fairy-tale Holland was expected to believe and to accept as the end of the affair. She did not believe it. She had to accept it.

What else could she do? Fight? She did not want to share Belgium's dreadful fate. The Dutch Government proposed that the whole Tubantia incident be submitted to an international commission. The German Government accepted this proposal en principe, but said it must be deferred until after the war.

I wonder why some of the Americans who blame Holland for not being in arms against Germany never think of that stern and awful deterrent which stands under her eyes and presses upon her very bosom. She is still independent, still neutral, still unravaged. Five-sixths of her people, I believe, have no sympathy with the German Government in its choice and conduct of this war. At least this was the case while I was at The Hague. But the one thing that Holland is, above all else, is pro-Dutch.

She wants to keep her liberty, her sovereignty, her land untouched. To defend these treasures she will fight, and for no other reason. I have heard Queen Wilhelmina say this a score of times. She means it, and her people are with her.

Seven Dutch ships were sunk in a bunch in the English Channel by the Potsdam pirates on February 22, 1917. Holland was furious. She stated her grievance, protested, remonstrated--and there she stopped. If she had tried to do anything more she stood to lose a third of her territory in a few days and the whole in a few weeks--lose it, mark you, to the gang that ruined Belgium.

But the position, and therefore the case, of America in regard to the German submarine warfare was quite different. She was one of the eight "Big Powers" of the world. She was the mightiest of the neutrals.

Her rights at sea were no greater than theirs. But her duties were greater, just because she was larger, more powerful, better able to champion those rights not only for herself but also for others.

She would not have to pay such an instant, awful, crushing penalty for armed resistance to the brutalities of the Potsdam gang as would certainly be inflicted upon the little northern neutrals if they attempted to defend themselves against injustice and aggression.

Their part was to make protest, and record it, and wait for justice until the war was ended. America's part was to make protest, and then--her protest being mocked, scorned, disregarded--to stand up in arms with France and Great Britain and help to end the war by a victory of righteous peace.

But did we not also have objections to some of the measures and actions of the British blockade--as, for instance, the seizure and search of the mails? Certainly we did, and Secretary Lansing stated them clearly and maintained them firmly. But here is the difference. These objections concerned only the rights of neutral property on the high seas. We knew by positive a.s.surance from England, and by our experience with her in the Alabama Claims Arbitration, that she was ready to refer all such questions to an impartial tribunal and abide by its decision. Our objections to the conduct of the German navy concerned the far more sacred rights of "life, liberty, and the pursuit of happiness."

The murder of one American child at sea meant more to us than the seizure of a thousand cargoes of alleged contraband.

No one has ever accused the British or French or Italian sailors in this war of sinking merchant-ships without warning, leaving their crews and pa.s.sengers to drown. On the contrary, British seamen have risked and lost their lives in a chivalrous attempt to save the lives even of their enemies after the fair sinking of a German war-ship.

But the hands of the Potsdam pirates are red with innocent blood. The bottom of the sea is strewn with the wrecks they have made. "The dark unfathom'd caves of ocean" hide the bones of their helpless victims, who shall arise at the judgment-day to testify against them.

On May 7, 1915, the pa.s.senger liner Lusitania, unarmed, was sunk without warning by a German U-boat off the Irish coast. One hundred and fourteen Americans--men, women, and little children, lawful and peaceful travellers--were drowned--

"Butchered to make a [German] holiday."

The holiday was celebrated in Germany. The schools were let out. The soldiers in the reserve camps had leave to join in the festivities. The towns and cities were filled with fluttering flags and singing folks. A German pastor preached: "Whoever cannot bring himself to approve from the bottom of his heart the sinking of the Lusitania--him we judge to be no true German." (Deutsche Reden in Schwerer Zeit, No. 24, p. 7.) A medal was struck to commemorate the great achievement. It is a very ugly medal. I keep a copy of it in order that I may never forget the character of a nation which was not content with rejoicing over such a crime but desired to immortalize it in bronze.

The three strong and eloquent notes of President Wilson in regard to the Lusitania are too well known to be quoted here. The practical answer from Potsdam (pa.s.sing over the usual subterfuges and falsehoods) was the sinking of the Arabic August 19 and the murder of three more Americans.

Then the correspondence languished until the torpedoing (March 24, 1916) of the Suss.e.x, a Channel ferry-boat, crowded with pa.s.sengers, among whom were many Americans. Then the President sent a flat message calling down the Potsdam pirates and declaring that unless they abandoned their nefarious practices "the United States had no choice but to sever diplomatic relations with the German Empire altogether" (April 18, 1916).

This brought a grudging promise from Germany that she would henceforth refrain from sinking merchant-vessels "without warning and without saving human lives, unless the ship attempted to escape or offer resistance." How this promise was kept may be judged from the sinking of the Marina (October 28), with the loss of eight American lives, and of the Russian (December 14), with the loss of seventeen American lives, and other similar sinkings.

During all this time Germany had been building new and larger submarines with wonderful industry. She had filled up her pack of sea-wolves. On January 31, 1917, she revoked her flimsy pledge, let loose her wolf-pack, and sent word to all the neutral nations that she would sink at sight all ships found in the zones which she had marked "around Great Britain, France, Italy, and in the Eastern Mediterranean." (Why We Are at War, p. 23, New York, 1917.) The President promptly broke off diplomatic relations (February 3), and said that we should refrain from hostilities until the commission of "actual overt acts" by Germany forced us to the conviction that she meant to carry out her base threat.