Austria yielded. A lengthy response from Vienna, disclosed on December 31, 1915, was couched in a spirit which removed all danger of a cleavage of relations between the two countries on the Ancona issue. The United States drew from the Dual Monarchy an affirmation that "the sacred commandments of humanity" must be observed in war, and a concurrence in the principle that "private ships, in so far as they do not flee or offer resistance, may not be destroyed without the persons aboard being brought into safety." Austria-Hungary was thus ranged in line with Germany in the recognition of, and pledging compliance with, principles for which the United States stood.
The Vienna Government, however, adhered to its own version of the sinking of the Ancona, and from it sought to show that the statements made in the first American note were based on incorrect premises, i. e.:
"Information reaching the United States Government that solid shot was immediately fired toward the steamer is incorrect; it is incorrect that the submarine overhauled the steamer during the chase; it is incorrect that only a brief period was given for getting the people into the boats. On the contrary an unusually long period was granted to the Ancona for getting passengers in the boats. Finally it is incorrect that a number of shells were still fired at the steamer after it had stopped.
"The facts of the case demonstrate further that the commander of the submarine granted the steamer a full forty-five minutes' time—that is more than an adequate period to give the persons aboard an opportunity to take to the boats. Then, since the people were not all saved, he carried out the torpedoing in such a manner that the ship would remain above water the longest possible time, doing this with the purpose of making possible the abandonment of the vessel on boats still in hand.
"Since the ship remained a further forty-five minutes above water he would have accomplished his purpose if the crew of the Ancona had not abandoned the passengers in a manner contrary to duty.
"With full consideration, however, of this conduct of the commander, aimed at accomplishing the rescue of the crew and passengers, the Imperial and Royal Marine authorities reached the conclusion that he had omitted to take adequately into consideration the panic that had broken out among the passengers, which rendered difficult the taking to the boats, and the spirit of the regulation that Imperial and Royal Marine officers shall not fail in giving help to anybody in need, not even to an enemy.
"Therefore the officer was punished, in accordance with the existing rules, for exceeding his instructions."
On the question of reparation by indemnity for the loss of American lives, Austria-Hungary would not admit liability for damages resulting from the "undoubtedly justified bombarding of the fleeing ship," but was willing to come to an agreement on the subject.
It will be seen that the note did not denounce the attack on the Ancona as "illegal and indefensible"; but Austria's acquiescence in the American demand for the punishment of the submarine commander was viewed as a virtual admission of the illegality and indefensibility of the method of attack. Coupled with her expressed disposition to pay damages and her acceptance of the humane principle of warning and safety to passengers, Austria regarded her concessions as closing the Ancona issue, in so far as it affected the friendly relations between the two Governments. As the complaint of the American Government had been principally against the method of attack, and had been met by Austria, the crisis passed.[Back to Contents]