t the Government first sought
to give Germany the opportunity of having her day in court before
acting.

Unofficially came reports from Berlin scouting as impossible the
assumption that a German submarine was the culprit, the assurance
being repeated that Germany in no circumstance would violate her
pledge to the United States not to destroy enemy vessels except after
full warning to enable crews and passengers to save their lives. No
official statement was forthcoming. The German admiralty declined to
"deny or explain" until all the submarines operating off the French
coast had returned and reported.

The American procedure in the _Sussex_ case differed from that
followed in previous issues with Germany arising from submarine
warfare. There were no official representations made to Berlin;
Ambassador Gerard was merely asked to ascertain informally and
transmit to Washington any pertinent facts he could gather bearing on
Germany's culpability. The submarine issue, in fact, had reached a
stage where explanations and excuses were of minor importance.
Evidence showing whether Germany had or had not broken her pledge not
to torpedo passenger vessels without warning was alone of interest to
the President. Proof of Germany's guilt foreshadowed an unqualified
threat by the United States to break off diplomatic relations. The
United States determined to be the judge with Germany in the dock as a
defendant, instead of arguing an issue with Berlin, as in the past.
This attitude placed Germany in the position of having to prove her
innocence in the face of damaging evidence of her guilt. No discussion
was even invited with the German ambassador over the case, and Count
von Bernstorff apparently did not want to make his usual extenuatory
or defensive pleas.

Germany assumed a mien of innocence. Her spokesmen by implication
declined to consider that she was in any way involved in the _Sussex_
case; hence there could be no need for Count von Bernstorff to make it
a subject of discussion with the American Government.

"I cannot help it," said the ambassador unofficially. "One cannot
blame Germany because the _Sussex_ struck a British mine. Why should
we discuss it? It does not concern us."

This was Germany's first informal explanation. The readiest means of
exculpating Germany from complicity in the _Sussex_ affair was
eagerly seized upon and clung to. What other cause except a British
mine would there be for the calamity the _