ferences noted by the commander, who relied on his memory, were the position of the smokestack and the shape of the stern, it is to be presumed the vessels were similar in other respects.

This conclusion was the more certain because no other German submarines, on the day the Sussex was wrecked, attacked steamers in the same locality. Hence, in the American views, "as no vessel is reported to have been torpedoed without warning by a submerged submarine other than the Sussex, it is beyond question that that vessel was torpedoed by the submarine whose commander's report is relied upon in the note of April 10, 1916."

The United States had spoken its last word. No attempt was made to disguise the gravity of the situation, and there was a quiet recognition of the fact that the continuance of friendly relations rested wholly on the action of the German Government. Just now, however, political conditions in Germany were believed to be such that the Government itself, even if it desired to give full satisfaction in word and deed to the United States, would be facing a problem in finding a way of doing so. The Imperial Chancellor, Dr. Bethmann-Hollweg, representing the civilian part of the federated government, had so far succeeded in holding the concessions to the United States. But the military element, including the naval and submarine advocates of a continued campaign of "frightfulness," headed until recently by Grand Admiral von Tirpitz, had nevertheless pursued its course of ruthless destruction, either with the reluctant and tacit consent of the chancellor or in spite of his opposition. There thus existed a fundamental cleavage of policy between these two factions of the German Government. The chancellor made pledges to the United States and the naval authorities disregarded them, the kaiser apparently being helpless or lukewarm in his support of the chancellor's commitments. Presently, however, when Admiral von Tirpitz's retirement was announced, the civilian element appeared in the ascendant. His resignation smote the German people with the startling effect of a coup d'état, and was plainly the outcome of a long and silent struggle

in the inner councils of the Government. All the political in fluence of the chancellor, supported by the romantic weight o the kaiser's name, was exercised to stifle an outburst of criticism in the Reichstag. Meantime, under the German system of censorship, the submarine warfare was reported to the German people in boastful terms, which made them almost a unit in demanding its continuance without abatement. They heard little of the hundreds of noncombatants killed by their submarines, or else these casualties were explained as the result of the explosion of cargoes of munitions. They had been told week by week of the steady reduction of British tonnage, that the pinch of hunger which they had experienced was also being felt in England, and that the German submarine was the only shield between Germany and starvation. So the German people were behind the military and naval element for an unrestricted U-boat warfare. The situation was such that the gravest doubt was felt whether the chancellor, even with the kaiser's support, could adjust the submarine issue in a way satisfactory alike to the United States and to the clamorous radical militarists upheld by a misled people.

The German Government brooded over the ultimatum of the United States for fifteen days before it decided upon a declaration that averted a rupture of diplomatic relations. The German note, dispatched May 5, 1916, grudgingly admitted "the possibility that the ship mentioned in the note of April 10, 1916, as having been torpedoed by a German submarine is actually identical with the Sussex." It characteristically withheld an unreserved admission, but "should it turn out that the commander was wrong in assuming the vessel to be a man-of-war, the German Government will not fail to draw the consequences resulting therefrom." This hesitating and qualified acknowledgment was accepted as about as near to a confession of guilt as Germany was then capable of making.

On the vital question of the conduct of submarine warfare, a change in which the United States was determined upon forcing Germany to make, the note was more explicit and thus yielded to the American demand:

"The German Government will only state that it has imposed far-reaching restraint upon the use of the submarine weapon, solely in consideration of neutrals' interests, in spite of the fact that these restrictions are necessarily of advantage to Germany's enemies. No such consideration has ever been shown neutrals by Great Britain and her allies.

"The German submarine forces have had, in fact, orders to conduct the submarine warfare in accordance with the general principles of visit and search and the destruction of merchant vessels recognized by international law, the sole exception being the conduct of warfare against enemy trade carried on enemy freight ships encountered in the war zone surrounding Great Britain.

"With regard to these no assurances have ever been given to the Government of the United States. No such assurances are contained in the declaration of February 8, 1916.

"The German Government cannot admit any doubt that these orders were given or are executed in good faith."

Having said so much, the German note proceeded to cloud the issue by virtually blaming the United States for the continued existence of conditions calling for the sea warfare Germany practiced :

"The German Government has made several proposals to the Government of the United States in order to reduce to a minimum for American travelers and goods the inherent dangers of naval warfare. Unfortunately, the Government of the United States decided not to accept the proposals. Had it accepted, the Government of the United States would have been instrumental in preventing the greater part of the accidents that American citizens have met with in the meantime.

"The German Government still stands by its offer to come to an agreement along these lines."

As though this reproach did not go far enough, the German note, while affirming that the German Government attached no less importance to the sacred principles of humanity than the American Government did, accused the United States of showing favoritism in its humanitarian sympathies:

"As matters stand, the German Government cannot but re iterate regret that the sentiments of humanity, which the Government of the United States extends with such fervor to the unhappy victims of submarine warfare, are not extended with the same warmth of feeling to many millions of women and children who, according to the avowed intention of the British Government, shall be starved, and who by sufferings shall force the victorious armies of the Central Powers into ignominious capitulation.

"The German Government, in agreement with the German people, fails to understand this discrimination, all the more as it has repeatedly and explicitly declared itself ready to use the submarine weapon in strict conformity with the rules of international law as recognized before the outbreak of the war, if Great Britain likewise was ready to adapt the conduct of warfare to these rules.

"The German people knows that the Government of the United States has the power to confine the war to armed forces of the belligerent countries, in the interest of humanity and maintenance of international law. The Government of the United States would have been certain of attaining this end had it been determined to insist against Great Britain on the incontrovertible rights to freedom of the seas. But, as matters stand, the German people is under the impression that the Government of the United States, while demanding that Germany, struggling for existence, shall restrain the use of an effective weapon and while making compliance with these demands a condition for maintenance of relations with Germany, confines itself to protest against illegal methods adopted by Germany's enemies. Moreover, the German people knows to what considerable extent its enemies are supplied with all kinds of war material from the United States.

"It will, therefore, be understood that the appeal made by the Government of the United States to sentiments of humanity and principles of international law cannot, under the circumstances, meet the same hearty response from the German people which such an appeal otherwise always is certain to find here."

This complaint was an allusion to the refusal of the United States to involve its issues with Great Britain with those it had with Germany or to mediate the proposal that Great Britain raise her food blockade against Germany, who would then discontinue her submarine war on British merchantmen. The tone of an injured party Germany assumed in taking this attitude, as though she had a just cause of complaint against the United States, was accepted as a plaintive prelude to her final surrender; but even this surrender she did not make without again clogging her concessions with the same proposal which the United States had already flatly rejected.

"The German Government, conscious of Germany's strength, twice within the last few months announced before the world its readiness to make peace on a basis safeguarding Germany's vital interests, thus indicating that it is not Germany's fault if peace is still withheld from the nations of Europe. The German Government feels all the more justified in declaring that responsibility could not be borne before the forum of mankind and in history if after twenty-one months of the war's duration the submarine question, under discussion between the German Government and the Government of the United States, were to take a turn seriously threatening maintenance of peace between the two nations.

"As far as lies with the German Government, it wishes to prevent things from taking such a course. The German Government, moreover, is prepared to do its utmost to confine operations of the war for the rest of its duration to the fighting forces of the belligerents, thereby also insuring the freedom of the seas, a principle upon which the German Government believes, now as before, that it is in agreement with the Government of the United States.

"The German Government, guided by this idea, notifies the Government of the United States that German naval forces have received the following orders:

""In accordance with the general principles of visit and search and the destruction of merchant vessels, recognized by international law, such vessels, both within and without the area de