"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."
Germany was reminded of her violations of these stipulations in strong terms. Said Secretary Lansing:
"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."
In addition to declining to enter into the special protocol Germany proposed, Secretary Lansing significantly added:
"The 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."
The meaning of this passage was that as Germany was deemed to have abrogated the treaties by sinking American ships, the German vessels immured in American harbors would be under no treaty protection should war be declared, and would be immediately seized by the American Government. Germany had thus destroyed the protection they would have received in case of war.
The intimidation exercised on Ambassador Gerard to obtain his signature to the protocol and its submission by Dr. Ritter to Secretary Lansing showed that Germany was nervously concerned about safeguarding her interests in the United States and feared for the safety of her nationals in the pending crisis. Ample assurances presently came to Berlin, however, that, during the diplomatic break at any rate, the American Government would not resort to Teutonic methods. Count von Bernstorff was safe; no ships had been seized; no crews arrested; no other German persons or interests molested. Thereupon Ambassador Gerard and an entourage of some 120 Americans received their passports and left the German capital on February 10, 1917, for the United States via Switzerland and Spain.
Germany was less ready to release the Americans known as the Yarrowdale prisoners. Her Government still appeared to fear that the crews of German warships in American ports were in danger, and evidently wanted hostages at hand lest any trouble befell them at the hands of the American military authorities. Secretary Lansing demanded their release on February 3, 1917, when relations were broken. Germany assented, then withdrew her assent. A second request for their freedom and for an explanation of their continued detention was made on February 13, 1917. At this date the men had been held as prisoners of war for forty-four days contrary to international law. After being captured from Allied vessels sunk by the German raider, they were taken before a prize court at Swinemunde, when their status was determined. Neutral merchant seamen, according to Germany, must be held as prisoners of war because they had served and taken pay on armed enemy vessels. Germany disclosed for the first time that she was treating armed merchantmen as ships of war and regarded neutral seamen found on such vessels as combatants. The German raider had captured altogether 103 subjects of neutral states. They were not imprisoned because they had committed hostile acts, which would have justified their detention. They were penalized for being on enemy vessels. The American Government insisted that Germany had no right to hold any Americans as war prisoners unless they committed hostile acts. Germany had no answer to make to that contention. But she did not free them. "They will be released just as soon as we learn of the fate of the German crews in American ports," said Herr Zimmermann, Foreign Secretary.