The Evidence in the Case Part 6

CHAPTER V

THE ULTIMATUM TO SERVIA

To convince any reasonable man that this Austrian ultimatum to Servia was brutal in its tone and unreasonable in its demands, and that the reply of Servia was as complete an acquiescence as Servia could make without a fatal compromise of its sovereignty and self-respect, it is only necessary to print in parallel columns the demands of Austria and the reply of Servia.

AUSTRIA'S ULTIMATUM TO SERVIA

"To achieve this end the Imperial and Royal Government sees itself compelled to demand from the Royal Servian Government a formal a.s.surance that it condemns this dangerous propaganda against the Monarchy; in other words, the whole series of tendencies, the ultimate aim of which is to detach from the Monarchy territories belonging to it, and that it undertakes to suppress by every means this criminal and terrorist propaganda.

"In order to give a formal character to this undertaking the Royal Servian Government shall publish on the front page of its '_Official Journal_' of the 26th July, the following declaration:

"'The Royal Government of Servia condemns the propaganda directed against Austria-Hungary--_i.e._, the general tendency of which the final aim is to detach from the Austro-Hungarian Monarchy territories belonging to it, and it sincerely deplores the fatal consequence of these criminal proceedings.

"'The Royal Government regrets that Servian officers and functionaries partic.i.p.ated in the above-mentioned propaganda, and thus compromised the good neighborly relations to which the Royal Government was solemnly pledged by its declaration of the 31st March, 1909.

"'The Royal Government, which disapproves and repudiates all idea of interfering or attempting to interfere with the destinies of the inhabitants of any part whatsoever of Austria-Hungary, considers it its duty formally to warn officers and functionaries, and the whole population of the kingdom, that henceforward it will proceed with the utmost rigor against persons who may be guilty of such machinations, which it will use all its efforts to antic.i.p.ate and suppress.'

"This declaration shall simultaneously be communicated to the Royal Army as an order of the day by His Majesty the King and shall be published in the '_Official Bulletin_' of the Army.

"'The Royal Servian Government further undertakes:

"1. To suppress any publication which incites to hatred and contempt of the Austro-Hungarian Monarchy and the general tendency of which is directed against its territorial integrity;

"2. To dissolve immediately the society styled Narodna Odbrana, to confiscate all its means of propaganda, and to proceed in the same manner against other societies and their branches in Servia which engage in propaganda against the Austro-Hungarian Monarchy. The Royal Government shall take the necessary measures to prevent the societies dissolved from continuing their activity under another name and form;

"3. To eliminate without delay from public instruction in Servia, both as regards the teaching body and also as regards the methods of instruction, everything that serves, or might serve, to foment the propaganda against Austria-Hungary:

"4. To remove from the military service, and from the administration in general, all officers and functionaries guilty of propaganda against the Austro-Hungarian Monarchy whose names and deeds the Austro-Hungarian Government reserves to itself the right of communicating to the Royal Government;

"5. To accept the collaboration in Servia of representatives of the Austro-Hungarian Government in the suppression of the subversive movement directed against the territorial integrity of the Monarchy;

"6. To take judicial proceedings against accessories to the plot of the 28th June who are on Servian territory.

Delegates of the Austro-Hungarian Government will take part in the investigation relating thereto;

"7. To proceed without delay to the arrest of Major Voija Tankositch and of the individual named Milan Ciganovitch, a Servian State employe, who have been compromised by the results of the magisterial enquiry at Serajevo;

"8. To prevent by effective measures the cooperation of the Servian authorities in the illicit traffic in arms and explosives across the frontier, to dismiss and punish severely the officials of the frontier service at Schabatz and Loznica guilty of having a.s.sisted the perpetrators of the Serajevo crime by facilitating their pa.s.sage across the frontier;

"9. To furnish the Imperial and Royal Government with explanations regarding the unjustifiable utterances of high Servian officials, both in Servia and abroad, who, notwithstanding their official position, did not hesitate after the crime of the 28th June to express themselves in interviews in terms of hostility to the Austro-Hungarian Government; and finally,

"10. To notify the Imperial and Royal Government without delay of the execution of the measures comprised under the preceding heads.

"The Austro-Hungarian Government expects the reply of the Royal Government at the latest by six o'clock on Sat.u.r.day evening, the 25th July."

"The Royal Servian Government is of the opinion that it is mutually advantageous not to hinder the settlement of this question, and therefore, in case the Austro-Hungarian Government should not consider itself satisfied with this answer, it is ready as always to accept a peaceful solution, either by referring the decision of this question to the international tribunal at The Hague, or by leaving it to the great Powers who cooperated in the preparation of the explanation given by the Servian Government on the 17th-31st March, 1909."

THE SERVIAN REPLY

"The Royal Government has received the notification of the Austro-Hungarian Government of the 10th inst., and is convinced that its answer will remove every misunderstanding that threatens to disturb the pleasant neighborly relations between the Austro-Hungarian Monarchy and the Servian Kingdom.

"The Royal Government is certain that in dealing with the great neighboring monarchy these protests have under no pretexts been renewed which formerly were made both in the Skupshtina and in explanations and negotiations of responsible representatives of the State, and which, through the declaration of the Servian Government of March 18, 1909, were settled; furthermore, that since that time none of the various successive Governments of the kingdom, nor any of its officers, has made an attempt to change the political and legal conditions set up in Bosnia and Herzegovina. The Royal Government is certain that the Austro-Hungarian Government has made no representations of any kind along this line except in the case of a textbook concerning which the Austro-Hungarian Government received an entirely satisfactory reply. Servia, during the Balkan crisis, gave evidence in numerous cases of her pacific and temperate policies, and it will be thanks to Servia alone and the sacrifices that she alone made in the interest of European peace if that peace continue.

"The Royal Government cannot be held responsible for utterances of a private character such as newspaper articles and the peaceful work of societies, utterances which are quite ordinary in almost all countries, and which are not generally under State control, especially since the Royal Government, in the solution of a great number of questions that came up between Servia and Austria-Hungary, showed much consideration as a result of which most of these questions were settled in the best interests of the progress of the two neighboring countries.

"The Royal Government was therefore painfully surprised to hear the contention that Servian subjects had taken part in the preparations for the murder committed in Serajevo. It had hoped to be invited to cooperate in the investigations following this crime, and was prepared, in order to prove the entire correctness of its acts, to proceed against all persons concerning whom it had received information.

"In conformity with the wish of the Austro-Hungarian Government, the Royal Government is prepared to turn over to the court, regardless of station or rank, any Servian subject concerning whose partic.i.p.ation in the crime at Serajevo proofs may be given to it. The Government pledges itself especially to publish on the first page of the official organ of July 26th the following declaration:

"'The Royal Servian Government condemns every propaganda that may be directed against Austria-Hungary; that is to say, all efforts designed ultimately to sever territory from the Austro-Hungarian Monarchy, and it regrets sincerely the sad consequences of these criminal machinations.'

"The Royal Government regrets that, in accordance with advices from the Austro-Hungarian Government, certain Servian officers and functionaries are taking an active part in the present propaganda, and that they have thereby jeopardized the pleasant neighborly relations to the maintenance of which the Royal Government was formally pledged by the declaration of March 31, 1909.

"The Government (what follows here is similar to the text demanded).

"The Royal Government further pledges itself:

"1. To introduce a provision in the press law on the occasion of the next regular session of the Skupshtina, according to which instigations to hatred and contempt of the Austro-Hungarian Monarchy, as well as any publication directed in general against the territorial integrity of Austria-Hungary, shall be punished severely.

"The Government pledges itself, on the occasion of the coming revision of the Const.i.tution, to add to Article XXII.

a clause permitting the confiscation of publications, the confiscation of which, under the present Article XXII. of the Const.i.tution, would be impossible.

"2. The Government possesses no proof--and the Note of the Austro-Hungarian Government provides it with none--that the 'Narodna Odbrana' Society and other similar a.s.sociations have up to the present committed any criminal acts through any of their members. Nevertheless, the Royal Government will accept the demand of the Austro-Hungarian Government and dissolve the Narodna Odbrana Society, as well as all societies that may work against Austria-Hungary.

"3. The Royal Servian Government agrees to eliminate forthwith from public education in Servia everything that might help the propaganda against Austria-Hungary, provided that the Austro-Hungarian Government gives it actual proof of this propaganda.

"4. The Royal Government is also ready to discharge from military and civil service such officers--provided it is proved against them by legal investigation--who have implicated themselves in acts directed against the territorial integrity of the Austro-Hungarian Monarchy; the Government expects that, for the purpose of inst.i.tuting proceedings, the Austro-Hungarian Government will impart the names of these officers and employes and the acts of which they are accused.

"5. The Royal Servian Government must confess that it is not quite clear as to the sense and scope of the desire of the Austro-Hungarian Government to the effect that the Royal Servian Government bind itself to allow the cooperation within its territory of representatives of the Austro-Hungarian Government, but it nevertheless declares itself willing to permit such cooperation as might be in conformity with international law and criminal procedure, as well as with friendly neighborly relations.

"6. The Royal Government naturally holds itself bound to inst.i.tute an investigation against all such persons as were concerned in the plot of June 15th-28th, or are supposed to have been concerned in it, and are on Servian soil. As to the cooperation of special delegates of the Austro-Hungarian Government in this investigation, the Servian Government cannot accept such cooperation, since this would be a violation of the laws and criminal procedure. However, in individual cases, information as to the progress of the investigation might be given to the Austro-Hungarian delegates.

"7. On the very evening on which your Note arrived the Royal Government caused the arrest of Major Voislar Tankosic.

But, regarding Milan Ciganovic, who is a subject of the Austro-Hungarian Monarchy, and who was employed until June 15th (as candidate) in the Department of Railroads it has not been possible to arrest this man up till now, for which reason a warrant has been issued against him.

"The Austro-Hungarian Government is requested, in order that the investigation may be made as soon as possible, to make known in the specified form what grounds of suspicion exist, and the proofs of guilt collected at the investigation in Serajevo.

"8. The Servian Government will increase the severity and scope of its measures against the smuggling of arms and explosives.

"It goes without saying that it will at once start an investigation and mete out severe punishment to the frontier officials of the Sabac-Loznica line who failed in their duty and allowed those responsible for the crime to cross the frontier.

"9. The Royal Government is willing to give explanations of the statements made in interviews by its officials in Servia and foreign countries after the crime, and which, according to the Austro-Hungarian Government, were anti-Austrian, as soon as the said Government indicates where these statements were made, and provides proofs that such statements were actually made by the said officials. The Royal Government will itself take steps to collect the necessary proofs and means of transmission for this purpose.

"10. The Royal Government will, in so far as this has not already occurred in this Note, inform the Austro-Hungarian Government of the taking of the measures concerning the foregoing matters, as soon as such measures have been ordered and carried out.

It increases the ineffaceable discredit of this brutal ultimatum when we consider the relative size of the two nations. Austria has a population of over 50,000,000 and Servia about 4,000,000. Moreover, Servia had just emerged from two terrible conflicts, from which it was still bleeding to exhaustion. Austria's ultimatum was that of a Goliath to David, and, up to the hour that this book goes to press, the result has not been different from that famous conflict.

Germany itself had already given to Servia an intimation of its intended fate. It had antic.i.p.ated the Austrian ultimatum by some pointed suggestions to Servia on its own account, for in the letter already quoted from Sir M. de Bunsen to Sir Edward Grey, we learn that the German Secretary of State told the British Amba.s.sador before the ultimatum was issued that he