"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.