d
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,