desired. I understand that there were no Asiatics on board the Arabia when she was sunk except the Indian native crew. I venture to add, with regard to the vessel's course, to which Your Excellency states the German Government have called attention as being unusual, that, in view of the number of British and allied ships sunk by the enemy without warning it is not to be expected that vessels should follow the ordinary peace route and thereby give the enemy an opportunity of torpedoing them from a submerged position. I have, etc., (For the Secretary of State:) W. LANGLEY. CASE OF THE "COLUMBIAN." Consul Foster to the Secretary of State. [Telegram-Extract.] AMERICAN CONSULATE, Bilbao, (Rec'd) November 11, 1916. American steamer Columbian sunk by submarine, crew of 109 landed Camarinas. No. 5151.] Ambassador W. H. Page to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, London, November 11, 1916. Mr. Page reports having been informed by the Admiralty that the Hawaiian American Line vessel Columbian, outward bound in ballast from St. Nazaire, was sunk by a submarine about fifty miles northwest of Cape Ortegal on November seventh. No. 3588.] The Secretary of State to Chargé Grew. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, November 18, 1916. Mr. Lansing informs Mr. Grew that the Department is advised that the American steamer Columbian, bound to Genoa from St. Nazaire in ballast, was sunk on November 7 by German submarine U-49 about 50 miles northwest of Cape Ortegal. Apparently the crew was saved. Mr. Grew is instructed to bring to the immediate attention of the German Government the case of the Columbian, with a request for an investigation and prompt report. No. 4863.] Chargé Grew to the Secretary of State. AMERICAN EMBASSY, Berlin, December 18, 1916. SIR: In order to complete the files of the Department, I have the honor to transmit herewith a copy and translation of the note from the Foreign Office, No. A. 33392, of December 16, 1916, relative to the sinking of the American steamship Columbian, the text of which was telegraphed to the Department to-day in my No. 4744. I have, etc., J. C. GREW. The German Minister for Foreign Affairs to Chargé Grew. A. 33392. } [Inclosure-Translation.] FOREIGN OFFICE, Berlin, December 16, 1916. The undersigned has the honor to make the following reply to the note of Mr. Grew, Chargé d'Affaires of the United States of America, dated the 21st ultimo (F. O. No. 14402), relative to the sinking of the American steamer Columbian by a German submarine. According to the investigations of the German naval authorities the Columbian was stopped by a German submarine at 2.30 o'clock on the afternoon of November 7, 1916, in 44 degrees latitude north and 8 degrees 44 minutes longitude west. The weather was clear for 3 nautical miles, but wind and sea were rather heavy. After the warning shot the flag signal "Send your papers on board" was given. The Columbian then hoisted the signal "I can not make out your flag." This answer seemed proper, since as a result of the position of the two vessels in relation to each other and of the direction of the wind the flags blew out towards the steamer. The submarine then approached closer under water, looked over the steamer, which had been stopped, more carefully through the periscope and then came to the surface close to her. It was ascertained while the submarine was traveling submerged that the steamer carried the American flag and markings and bore the name Columbian, New York; and also that she had wireless telegraphy apparatus. According to her course the steamer came from an English or a French port and, to judge from the empty wooden superstructure on her deck, appeared to have delivered there horses, i.e., absolute contraband. On account of the difficulty of having a boat sent across in such a sea the commander of the submarine dispensed with the examination of the papers, signaled to the steamer "You are released" and left her traveling on the surface. The steamer resumed her old course. Soon afterwards it was reported to the commander of the submarine from his wireless station that since emerging wireless messages of the American steamer had been intercepted containing in open English, in addition to the distress signal S. O. S., reports concerning the submarine, such as "Submarine cruising around us" and the position of the submarine at the time, "Position so and so." These wireless messages caused the commander to turn about and stop the steamer a second time. Notwithstanding the sea and the wind had become still heavier, he succeeded in overhauling the Columbian, which was making off, and forcing her by means of signals to follow the submarine and to use her wireless apparatus at a lower intensity only and solely for communication with the submarine. The submarine then traveled during the night in a westward direction with the Columbian and the Norwegian steamer Balto, which had been stopped previously and furnished with a prize crew, and examined the ship's papers of the Columbian the next morning, the weather being better. After the examination the commander decided to sink the ship for unneutral service. The crew was taken over in its own boats to the steamer Balto and later put on board the Norwegian steamer Väringen, together with the crew of the Balto. The Väringen received orders to take all the crews into the Spanish port of Camarinas, and executed these orders. The commander of the submarine kept the captain of the Columbian with him on board for the time being, but sent him ashore on November 10th, in the Bay of Camarinas. According to the ascertainment of the facts as given above, the action of the commander of the submarine appears completely justified. For, by means of her wireless reports as to the position of the submarine, which were plainly intended to attract enemy naval forces, the Columbian had voluntarily placed herself in the service of the submarine-defense forces of the enemy and had, in so doing, taken direct part in hostilities. Such an act was bound to clothe the vessel with the character of an enemy merchantman, pursuant to the principles of international law (See also article 46, paragraph 1, number 1, of the Declaration of London), so that she could be captured and sunk as such a vessel. The sinking itself took place after the ship's papers had been secured and the human lives saved. For the rest, if the Government of the United States asserts in its instructions to the Embassy at Berlin that the Columbian was traveling in ballast, it is plainly incorrectly informed. The report of Captain Curtis, in the London Times of November 15, states that the vessel had a cargo of 9,000 tons when she encountered the submarine. The German commander then ascertained, upon examining the ship's papers, that the Columbian was carrying 4,900 tons of steel plates and in addition a small cargo of other goods, including copper, potash, soda, motor-cycles, and parts of machines. According to the captain's version, the steel plates consisted of steel for shells, were therefore intermediate products for the manufacture of shells, and thus absolute contraband, pursuant to Article 21, number 2, of the German prize ordinance; the cargo of copper was likewise absolute contraband, pursuant to Article 21, number 38, of the prize ordinance. Since the ship was bound to Genoa, well known to be an Italian naval and military fortress, and a basis of operations and supplies for the Italian land and naval forces, there was a legal presumption of hostile destination attaching to that part of the cargo also which, like the motor-cycles, belonged only to conditional contraband. The report of the commander of the submarine on the sinking of the Columbian has been transmitted to the competent Imperial Prize Court at Hamburg, which will decide on the legality of the measures of the commander. Thus it would appear that the American parties interested in ship and cargo should be advised to advance the rights to which they lay claim before this Prize Court within the time limits and in the form prescribed by the German Code of Prize Procedure. The Undersigned requests Mr. Grew, Chargé d'Affaires of the United States of America, to inform the Government of the United States of the above, and avails himself of the occasion to renew to him the assurance of his most distinguished consideration. ZIMMERMANN. CASE OF THE "TRIPPEL." Consul General Hurst to the Secretary of State. [Telegram-Extract.] AMERICAN CONSULATE GENERAL, Barcelona, November 15, 1916. Norwegian steamer Trippel, bound from Baltimore to Genoa with cargo pig iron and steel, sunk November eleventh by cannon shot from German submarine about eighteen miles off Villarico, Spanish Mediterranean coast. Steamer carried Liremon Lorne McIntyre, American citizen, whose mother is Doctor Madison, 491 High Street, Newark, New Jersey. McIntyre brought Barcelona by Norwegian consular officials. Has certificate discharge from United States Marine Corps and has worked at sea on foreign vessels. HURST. No. 3653.] The Secretary of State to Chargé Grew. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, December 9, 1916. Mr. Lansing informs Mr. Grew that the Department is advised that the Norwegian steamer Trippel bound from Baltimore to Genoa, which had aboard American citizens, was sunk on November 11 by a German submarine 18 miles off Villarico. Mr. Grew is instructed to bring this case to the attention of the Foreign Minister and request a prompt investigation and report. No. 4865.] Ambassador Gerard to the Secretary of State. [Telegram.] AMERICAN EMBASSY, Berlin, January 11, 1917. The following note relative to the sinking of the Norwegian steamer Trippel has just been received: FOREIGN OFFICE, Berlin, January 11, 1917. The undersigned has the honor to inform His Excellency, Mr. James W. Gerard, Ambassador of the United States of America, in reply to the note of Mr. J. C. Grew, dated the twelfth ultimo, Foreign Office Number fourteen eighty-four nine, relative to the sinking of the Norwegian steamer Trippel by a German submarine, as follows: According to the investigation of the German naval authorities |