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“that American citizens and their vessels" would not be molested “otherwise than by visit and search." On the same day the United States, referring to the report that the captain of the British steamship Lusitania, acting under governmental orders, had lately raised the American flag in order to evade German submarines, requested the British government to endeavor to restrain British vessels from so doing in the sea area defined in the German declaration. The German government, in reply, justified its decree on the ground that, as Germany, “with the toleration, tacit, or protesting," of neutrals, was illegally cut off from all oversea supplies, it was her right to use all means at her disposal to prevent supplies, particularly of war materials, from reaching Great Britain and her allies, but admitted that the measure adopted for this purpose would involve danger, even to neutral vessels, and expressed the hope that the United States would forestall all trouble by bringing about the observance of the Declaration of London.

Subsequently, the United States proposed to the British and German governments the following provisional arrangement: Both were to agree strictly to limit the use of mines, to refrain from employing submarines against merchant-vessels except for visit and search, and to restrain such vessels from misusing neutral flags, while, if Germany agreed that imported foodstuffs should be consigned to agencies to be designated by the United States for distribu

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tion solely to retail dealers licensed to sell them only to non-combatants, Great Britain was not to interfere with their transportation. The German government, on March ist, accepted with certain reservations; but, on the same day, the British ambassador at Washington, affirming that the German war-zone decree substituted "indiscriminate destruction for regulated capture,” gave notice that the British and French governments, having in contemplation “retaliatory measures,” would “hold themselves free to detain and take into port ships carrying goods of presumed enemy destination, ownership, or origin.” This purpose was amplified in the British order in council of March 11, 1915, designed “to prevent commodities of any kind from reaching or leaving Germany.” The word “blockade," which means the real cutting off, by a sufficient force, as to all or part of an enemy's coasts, of ingress or egress by vessels of all nations, is not found in this order. It was used by Sir Edward Grey in an explanatory memorandum, in which he spoke of "the measures of blockade” authorized by the order; described its "object" as being “to establish a blockade to prevent vessels from carrying goods for or coming from Germany”; and stated that Great Britain and her allies would not impose the penalty of blockade, which is confiscation of ship and cargo, but would “restrict their claim to the stopping of cargoes destined for or coming from Germany.” The interruption of commerce would, he said, be carried out by “controlling by a cordon of cruisers all passage to and from Germany," without sacrifice of neutral ships or non-combatant lives. The disposition made of the cargoes would be governed by the circumstances.

May 7, 1915, the Lusitania was torpedoed and sunk off the Irish coast, without warning, by a German submarine. Before her

Before her departure from New York the German ambassador published in the press a warning to passengers not to sail on her. Over a hundred American citizens lost their lives. The United States on May 13th demanded a disavowal of the act, reparation for the injuries inflicted, and immediate steps to prevent the recurrence of such an event. The note in which these demands were presented spoke of “the practical impossibility of employing submarines in the destruction of commerce without disregarding those rules of fairness, reason, justice, and humanity which all modern opinion regards as imperative"; adverted to the “surprising irregularity” of the warning published by the German ambassador; and remarked that the Imperial German government would not expect the United States “to omit any word or any act necessary to the performance of its sacred duty of maintaining the rights of the United States and its citizens and of safeguarding their free exercise and enjoyment.”

Answering on May 28th, the German government, while expressing sorrow for the loss of Americans, contended that the Lusitania was in effect built as an auxiliary cruiser and was armed, that she had aboard Canadian troops and a quantity of ammunition whose explosion hastened her sinking, that American lives were sought to be used as a protection for war materials, and that British vessels had secret instructions to ram submarines. Before the reply of the United States was made, Mr. Bryan resigned as Secretary of State, explaining his action upon the ground of his belief that the position which the government was assuming would lead to a conflict. He was succeeded by Mr. Robert Lansing, who had held the post of counsellor for the Department of State. The reply of the United States to the German note bears date of June 9th. It did not repeat the intimation, made in the note of May 13th, that submarines could not lawfully be used as commercedestroyers, but, while remarking that “nothing but actual forcible resistance or continued efforts to escape by flight when ordered to stop for the purpose of visit" had ever been held to forfeit the lives of the passengers and crew of a merchantman, maintained that only "actual resistance to capture or refusal to stop when ordered to do so for the purpose of visit could have afforded the commander of the submarine any justification for so much as putting the lives of those on board the ship in jeopardy"; denied that the Lusitania was armed; and declared that the United States could not admit that the proclamation of a war zone might be made to operate as "an abbreviation of the rights either of American shipmasters or of American citizens bound on lawful errands as passengers on merchant-ships of belligerent nationality." Germany (July 8th) offered to instruct her submarines to permit the safe passage of American passenger-steamers, at the same time expressing the hope that the United States would guarantee that they did not carry contraband, and proposed to include in the offer neutral steamers, and if necessary four enemy steamers, all under the American flag. The United States (July 21st), attacks on other vessels having meanwhile taken place, declined this offer, expressed the expectation that the German government would no longer delay disavowal of the act of its naval commander and reparation for the American lives lost, and said that the repetition of such acts would be regarded as “deliberately unfriendly.”

September 1, 1915, the German ambassador gave the following assurance: “Liners will not be sunk by our submarines without warning and without safety of the lives of non-combatants, provided that the liners do not try to escape or offer resistance." This was, he said, decided upon before the sinking of the Arabic, which the German government afterwards (October 5th) disavowed, with expressions of regret and a promise of indemnity for the American lives lost.

Negotiations subsequently took place for the settlement of the case of the Lusitania, but they were in

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