File No. 763.72116/107

The German Ambassador (Bernstorff) to the Secretary of State

[Translation]

J. No. 10107]

Mr. Secretary of State: Referring to your excellency’s kind note of the 30th ultimo,1 I have the honor to brine to your excellency’s [Page 807] kind attention fresh violations of the Geneva convention as well as of Section II, Article 23 (e), of the Hague convention1 of July 29, 1899, by the British Government. The violation of those conventions consists in the use of dumdum bullets, proofs whereof are respectfully submitted in accompaniment.

1.
The “soft-nose cartridges” enclosed in original were given up by a wounded soldier of the 88th Connaught Rangers Regiment on his return from France. They were distributed to the above-named regiment mixed with regular infantry ammunition before the battle of Mons. (See also Enclosure 1.)

The dumdum cartridges contained in the cartridge belt, enclosed in original, were, according to the description in Enclosure 2 distributed on August 8 to the Duke of Wellington’s Infantry Corps Regiment.

Both kinds of dumdum cartridges were manufactured by Eley Brothers of Gray’s Inn Road, London.

2.
It has come to the knowledge of the German Government that the British Government has ordered from the Winchester Repeating Arms Company 20,000 “riot guns”, Model 1897, and, 50,000,000 “buckshot cartridges” for the same. The buckshot cartridge contains nine shots.

The use of this weapon and ammunition is as yet unknown to civilized warfare.

3.
The Union Metallic Cartridge Company of Bridgeport, Connecticut, in October 20 took out through Frank O. Hoagland the enclosed patent for the manufacture of a “mushroom bullet.”

According to information the accuracy of which is not to be doubted, 8,000,000 of those cartridges have been delivered to Canada since October of this year by the Union Metallic Cartridge Company for the armament of the English Army.

Cartridges made by that process, although cut through, cannot be distinguished by their external appearance from regular full-jacketed cartridges. The soldier in whose hands this kind of ammunition is placed by the British Government is not in position to know that he is firing dumdum bullets.

Whether the use of the mushroom bullet is contrary to the law of nations remains to be considered.

Even though there should be no intention to use the ammunition described under 2 and 3 on the theater of war in Europe, although such intention may be inferred from the magnitude of the order, it is very plain that the intention is to use it in the English colonies against the Boers, Hindoos, Turks, and Egyptians.

Against this method of warfare, which sets every rule of international law at defiance, the Imperial Government raises its protest.

It cannot be within the spirit of the neutrality repeatedly declared by the Government of the United States that American industry should supply the fighting forces of the Allies with arms and ammunition the use of which is contrary to international law and constitutes [Page 808] a violation of the above-cited conventions to which the United States is a signatory party.

Accept [etc.]

J. Bernstorff

P. S. The enclosed five photographs were forwarded to me by my Government. The wounds were all received in battles against English troops.

  1. Not printed.
  2. Convention II.