763.72/2236½

The German Ambassador (Bernstorff) to the Secretary of State

My Dear Mr. Secretary: With regard to our conversation about the Arabic incident this morning I beg to say that according to my instructions the report of Commander Schneider of our submarine and the German affidavits have been sent to you through the American Embassy in Berlin. If you should not have received them, I will be glad to send you a copy.

In this same envelope I have pleasure in sending you my tentative letter about the Lusitania incident.

I remain [etc.]

J. Bernstorff
[Enclosure]

Tentative Letter From the German Ambassador (Bernstorff) to the Secretary of State 60

My Dear Mr. Secretary: Prompted by the desire to reach an amicable understanding about the Lusitania incident my Government has given me the following instructions:

The attack on the Lusitania formed part of the reprisals enacted by my Government against Great Britain on account of her unlawful starvation policy. In our opinion such reprisals were amply justified by the inhuman British warfare. At that time the Imperial Government had not yet issued the instructions which now regulate our submarine warfare and according to which the Arabic case was settled. Even then, however, it was not the intention of the Imperial Government that our reprisals should lead to the loss of the lives of non-combatants. My Government has, therefore, on previous occasions expressed its deep regret that American lives should have been lost on the Lusitania.

As you know, the Imperial government does not acknowledge any liability to grant an indemnity in the matter. However, in a spirit of friendship and conciliation the Imperial Government is prepared to submit the question of liability to pay indemnity to the Hague Tribunal.

In your note of July 21st concerning the Lusitania incident61 the Government of the United States invited the practical cooperation of the Imperial German Government in contending for the principle of the freedom of the seas, and you added that this great object could [Page 485] in some way be accomplished before the present war ends. I am instructed to say that the Imperial Government will at all times gladly cooperate with the Government of the United States for the purpose of accomplishing this great common object.

I remain [etc.]

J. Bernstorff
  1. Filed separately under file No. 763.72/2235½.
  2. Foreign Relations, 1915, supp., p. 480.