railways and roads for heavy mortars which would enable them to move divisions and army corps with lightning speed and so concentrate unexpectedly on any weak spot of the German line they might discover while shamming a general attack along the whole front. Day after day German fliers watched the mountains of ammunition and provisions pile up at the British base, to which wellmetaled white roads reached out from the trenches like tentacles of some ghastly monster to suck in the whole world for slaughter and destruction. Billions of dollars' worth of material, iron, wood, and cement, and the labor of a vast army was sunk in this ground between the British trenches and the base. All these gigantic preparations were conducted with truly English naïveté, for any other nation would have told itself that fliers watching them day by day would have long ago supplied the German General Staff with very exact data of what was going on.

"Then all of a sudden mysterious movements began on the German side. Soldiers, taking with them their kits and all other belongings, left the trenches and dugouts. The mountains of munitions grew rapidly less by the efforts of many hundreds of huge mortar carriers, of wagons drawn by eight horses, streaming incessantly, day and night, over the groundless roads which nobody now thought of repairing any more.

over

"Whole villages disappeared night, their inhabitants being concentrated in a few singled-out towns and places where they were comparatively safe and from where they might easily reach their own people, when the time would come. Of bush and trees, nothing was left standing that might serve the Allies as cover. Even the belongings were removed from the houses before the latter were leveled to the ground. Night after night the artillery rolled back in an endless chain, followed by regiment after regiment of silent gray war lords. "Small troops armed with machine guns remained behind, however, and kept up a sham of trench war. So well did they succeed in deceiving the British that they often drew the British heavy guns to furious bombardments of what

was already a deserted strip of land. Behind their new positions, ten to fifteen kilometers back, the Germans chuckled when they read in the British reports of the explosions of German munition magazines caused by the never-failing British gunfire. They knew only too well that another village had been leveled, another bridge blown up by the astute German pioneers.

"When finally the British hesitatingly felt their way into what were once the German lines, they discovered between the Oise and Arras a lifeless chaos which baffled all their zealous preparation of many months for the deadly blow that would now fall on the air."

66

A Successful Retirement

An official report on March 25 stated that the German rear guards engaged with hostile forces near Beaumetz and Roisel and east of the Crozat Canal fell back after inflicting heavy losses, and that a French attack northeast of Soissons was repulsed." Again, on March 27, a French attack on the west bank of the Oise, near La Fère, "failed with heavy losses." "The German retirement continued to be conducted with the greatest success." On March 31, however, "between the road from Péronne to Gouzeaucourt and the lowland of Omignon Brook the English, in engagements in which they suffered heavy losses, advanced their line for a distance of from two to three kilometers."

Heavy fighting took place between Arras and the Aisne on April 1 and 2, "notably between the roads leading from Bapaume to Croiselles and Bapaume to Cambrai, as well as on both banks of the Somme, west of St. Quentin. The British and the French launched strong forces, which, because of the effect of our artillery fire, flowed back several times, and which only after considerable losses, which included fifty prisoners and some machine guns, gained ground because of our troops giving way, as had been ordered."

In the official report of April 9, describing the first day of the battle of Arras, it was stated that the enemy had forced his way into parts of the German positions. On April 10 the report said:

"In stubbornly resisting the superiority of the enemy two of our divisions suffered considerable losses. The British succeeded in penetrating our positions on the roads radiating from Arras, but did not break through."

The Frankfort Gazette stated positively that the German line had not been broken east of Arras and that the attack did not take the General Staff by surprise, but had been provided for in its plans. Heavy losses were admitted, but, said that journal, "the defense of the western front will cost us heavy sacrifices this year, but they will not be in vain."

The impression sought to be created by the German press was that the battle of Arras was an event of "only local importance, though lamentable in its results." "It had, however, been soon brought to a standstill and did not in any way affect the strategic situation. It was part of the plan of the Anglo-French command, foiled in its intentions of delivering a shattering blow on the Somme front, to roll up the new Hindenburg line by assaults on both flanks, at Soissons and Arras. Both attempts failed."

Field Marshal von Hindenburg, in an interview, avowed his confidence in the strength of the German fronts on the west and east, and expressed a conviction that the submarine campaign would not fail.

66

"Unfounded" Excitement

The official reports continued to speak of attacks repulsed with heavy losses during the succeeding days of the battle of Arras, but on April 13 the military critic of the Berlin Vossische Zeitung wrote that he had received many letters which proved that "the nerves of many readers are beginning to give way." He dwelt on the "unfounded" excitement which, he said, was spreading among those at home, and he warned the public not to judge the situation from single events, but to take events as a whole into consideration.

The German War Office report of April 15 stated:

"On the Arras battlefield, as the result of the removal of our line north of the Scarpe, only minor engagements occurred,

in which the enemy suffered heavy losses. From the Scarpe lowlands to the ArrasCambrai railway violent fighting occurred yesterday morning. British divisions in heavy masses attacked repeatedly, but were always repulsed with sanguinary losses. In addition to these British sacrifices, a counterthrust by our troops resulted in the capture of 300 prisoners and twenty machine guns."

That the fighting was no longer merely of local importance was indicated in the report issued at the end of the first day of the new French offensive, April 16: "On the Aisne a great French attempt to break through, with a far-distant object, has commenced after a ten days' mass fire. A bitter fight is proceeding a forty-kilometer front around our foremost positions."

on

Finally, the report of April 17 says that "one of the greatest battles of the mighty war, and, therefore, also in the world's history, is in progress on the River Aisne." The report continues:

"In the Champagne this morning fighting between Prunay and Auberive developed, the battle line thereby extending from the River Oise into the Champagne. Our troops anticipate with entire confidence the coming heavy fighting.

"A great French attempt to break through yesterday, the object of which was far-reaching, failed. The losses of the enemy were very heavy. More than 2,100 prisoners remained in our hands. Where the enemy at a few places penetrated into our line fighting still continues and fresh enemy attacks are expected.

"On Monday afternoon the French threw fresh masses into the fray and carried out lateral attacks between the Oise and Condé, on the Aisne. The artillery fight which was continued today leveled the positions and produced wide, deep craters, rendering an obstinate defense no longer possible.

"The fighting no longer is against a line but over quite a deep and irregular fortified zone. The battle sways backward and forward around our foremost positions, our object being, if the war material is lost, to spare the lives of our forces and to inflict heavy sanguinary losses and thus decisively weaken the enemy. This was achieved."

obligations, either by injunctions or by other provisions, unless these apply to neutrals.

Article Seven-The provisions of the Sixth Hague Convention relative to the treatment of enemy merchant ships at the outbreak of hostilities shall apply to the merchant vessels of either party and their cargo. The aforesaid ships may not be forced to leave port unless at the time they be given a pass recognized as binding by all the enemy sea powers to a home port or a port of an allied country or to another port of the country in which the ship happens to be.

Article Eight-The regulations of Chapter 3 of the Eleventh Hague Convention relative to certain restrictions in the exercise of the right of capture in maritime war shall apply to the Captains, officers, and members of the crews of merchant ships specified in Article 7 and of such merchant ships as may be captured in the course of a possible war. Article Nine-This agreement shall apply also to the colonies and other foreign possessions of either party.

Text of American Reply

The note in which the United States rejected the foregoing proposition was handed to the Swiss Minister at Washington on March 20, and is printed below in full. It places the refusal on the ground of Germany's own "flagrant violations" of the original treaty, and raises the question whether all the immunities granted by that treaty have not in effect been abrogated by the German sinkings of American merchant ships: The Secretary of State to the Minister of Switzerland in charge of German interests in America.

Department of State, Washington, March 20, 1917. Sir: I beg to acknowledge the receipt of your note of Feb. 10 presenting the proposals of the German Government for an interpretative and supplementary agreement as to Article 23 of the Treaty of 1799.

After due consideration, I have to inform you that the Government of the United States is not disposed to look with favor upon the proposed agreement to alter or supplement the meaning of Article 23 of this treaty.

The position of the Government of the United States, which might under other conditions be different, is due to the repeated violations by Germany of the Treaty of 1828, and the articles of the Treaties of 1785 and 1799 revised by the Treaty of 1828. It is not necessary to narrate in detail these violations, for the attention of the German Government has been called to the circumstances of each instance of violation, but I may here refer to certain of them briefly and in general terms.

Since the sinking of the American ship William P. Frye for the carriage of contraband, there have been perpetrated by the

German naval forces similar unwarranted attacks upon and destruction of numerous American vessels for the reason, as alleged. that they were engaged in transportation of articles of contraband, notwithstanding and in disregard of Article 13 of the Treaty of 1799 that no such articles (of contraband) carried in the vessels or by the subjects or citizens of either party to the enemies of the other shall be deemed contraband so as to induce confiscation or condemnation and a loss of property to individuals." And that in the case of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port or further detained, but shall be allowed to proceed on her voyage.

In addition to the sinking of American vessels, foreign merchant vessels carrying American citizens and American property have been sunk by German submarines without warning and without any adequate security for the safety of the persons on board or compensation for the destruction of the property by such action, notwithstanding the solemn engagements of Article 15 of the Treaty of 1799, that "all persons belonging to any vessels of war, public or private, who shall molest or insult in any manner whatever the people, vessel, or effects of the other party, shall be responsible in their persons and property for damages and interests, sufficient security for which shall be given by all commanders of private armed vessels before they are commissioned," and notwithstanding the further stipulation of Article 12 of the Treaty of 1785 that "the free intercourse and commerce of the subjects or citizens of the party remaining neutral with the belligerent powers shall not be interrupted."

Disregarding these obligations, the German Government has proclaimed certain zones of the high seas in which it declared without reservation that all ships, including those of neutrals, will be sunk, and in those zones German submarines have in fact, in accordance with this declaration, ruthlessly sunk merchant vessels and jeopardized or destroyed the lives of American citizens on board.

Moreover, since the severance of relations between the United States and Germany certain American citizens in Germany have been prevented from removing from the country. While this is not a violation of the terms of the treaties mentioned, it is a disregard of the reciprocal liberty of intercourse between the two countries in times of peace and cannot be taken otherwise than as an indication of the purpose on the part of the German Government to disregard, in the event of war, the similar liberty of action provided for in Article 23 of the Treaty of 1799-the very article which it is now proposed to interpret and supplement almost wholly in the interests of the large

number of German subjects residing in the United States and enjoying in their persons or property the protection of the United States Government.

This article provides in effect that merchants of either country residing in the other shall be allowed a stated time in which to remain to settle all their affairs and to "depart freely, carrying off all their effects without molestation or hindrance," and women and children, artisans and certain others may continue their respective employments and shall not be molested in their persons or property. It is now proposed by the Imperial Government to enlarge the scope of this article so as to grant to German subjects and German property remaining in the United States in time of war the same treatment in many respects as that enjoyed by neutral subjects and neutral property in the United States.

In view of the clear violations by the German authorities of the plain terms of the treaties in question, solemnly concluded on the mutual understanding that the obligations thereunder would be faithfully kept; in view further of the disregard of the canons of international courtesy and the comity of

nations in the treatment of innocent American citizens in Germany, the Government of the United States cannot perceive any advantage which would flow from further engagements, even though they were merely declaratory of international law, entered into with the Imperial German Government in regard to the meaning of any articles of these treaties or as supplementary to them. In these circumstances, therefore, the Government of the United States declines to enter into the special protocol proposed by the Imperial Government.

This Government is seriously considering whether or not the Treaty of 1828 and the revised articles of the Treaties of 1785 and 1799 have not been in effect abrogated by the German Government's flagrant violations of their provisions, for it would be manifestly unjust and inequitable to require one party to an agreement to observe its stipulations and to permit the other party to disregard them.

It would appear that the mutuality of the undertaking has been destroyed by the conduct of the German authorities. Accept, &c.,

ROBERT LANSING.