865.857 An 2/93½
Memorandum by the Secretary of State of a Conversation With the Austro-Hungarian Chargé (Zwiedinek), December 18, 1915
Baron Zwiedinek called this morning for the purpose, apparently, of finding out what the attitude of this Government was to be in regard to the Austrian reply.
He asked me first what impression the reply had made upon this Government and I told him it had made a very bad impression; that I considered it to be more or less frivolous and I was surprised that the Austrian Government supposed for a moment that such a reply would be acceptable to the United States.
He seemed much disturbed at what I said and entered into an argument to show that there might be a question as to the rule of international law when a merchant vessel sought to escape from an enemy even though she subsequently ceased the attempt. I told him that I could not conceive of such a technicality as that being a subject of discussion and that if the Austrian Government sought to advance it I feared that it would irritate rather than help the situation. I went on to say that ever since there had been naval warfare a vessel, unarmed, which was attacked by a warship sought to escape, but that I did not see that the warship obtained the right to destroy people on board after the vessel had practically surrendered. I likened the case to the flight of troops who were finally compelled to surrender and that I thought the murderous attack upon a vessel at rest was very similar to the indefensible slaughter of prisoners.
Baron Zwiedinek replied that he regretted I held to that view and he still thought that there was argument in the idea that a vessel lost its immunity by seeking to escape. I told him that I thought he would gain nothing by a further discussion of a question which entered into the views as to what was humane when, apparently, we differed so radically as to a belligerent’s obligation. He asked me if I did not think we would discuss such questions as that. I told him no, that the only thing that would remove the present crisis would be for Austria to comply at once with our demands; that otherwise I feared the consequences; and that I felt that the blame would be entirely upon his Government.
The Baron suggested as a possible basis of settlement that his Government should promise not to repeat the offense complained of in the case of the Ancona and that the questions relative to that case be left for further negotiation. He said that he made this tentatively and without instructions from his Government. In reply I said that it did not seem to me to offer a possible basis for settlement. He then asked me if I would take it under consideration, and I replied [Page 502] that of course I would be willing to do that and would let him know my decision in regard to his suggestion.
Baron Zwiedinek showed very much emotion and left my room with the understanding that if I had anything further to say I would ask him to come again to the Department.