841.857 L 97/128½
The German Ambassador (Bernstorff) to
the Secretary of State
J. No. A 530
Washington,
January 22, 1916.
My Dear Mr. Secretary: I beg to thank you for
your note of January 21st99 by which you kindly transmitted to me a cipher
message from the German Foreign Office concerning the Lusitania case.
As it is too late to trouble you this afternoon I beg to submit to you
confidentially the two enclosed drafts of memoranda, which are both
based on the instructions I received to-day. I sincerely hope that one
of the two will prove satisfactory to you and that we may at last settle
this old case.
I should be very much obliged to you, if you would kindly let me know by
telephone when I may have the pleasure of discussing the matter with you
on Monday.
Believe me [etc.]
[Enclosure 1]
Draft Memorandum From the German Embassy to the Department
of State
A
The German submarine war against England’s commerce at sea, as
announced on February 4, 1915, is conducted in retaliation of
England’s inhuman war against Germany’s commercial and industrial
life. It is an acknowledged rule of international law that
retaliation may be employed against acts committed in contravention
of the law of nations. Germany is enacting such a retaliation, for
it is England’s endeavor to cut off all imports from Germany by
preventing even legal commerce of the neutrals with her and thereby
subjecting the German population to starvation. In answer to these
acts Germany is making efforts to destroy England’s commerce at sea,
at least as far as it is carried on by enemy vessels. If Germany has
notwithstanding limited her submarine warfare this was done in view
of her long standing friendship with the United States and in the
expectation that the steps taken by the American Government in the
meantime aiming at the restoration of the freedom of the seas would
be successful.
The German Government, on the other hand, recognizes from the course
which the negotiations so far have taken the difficulty to reconcile
in principle the American and the German point of view, as the
interests and legal aspects of the neutrals and belligerents
naturally
[Page 520]
do not agree in
this point and as the illegality of the English course of procedure
can hardly be recognized in the United States as fully as it is in
Germany. A perpetuation of this difference of opinion, however,
would not tend to further the amicable relations between the United
States and Germany which have never been disturbed and the
continuation of which is so sincerely desired by both Governments.
Actuated by this spirit the Imperial Government again expresses its
deep regret at the death of American citizens caused by the sinking
of the Lusitania and, in order to settle this
question amicably, declares its readiness to pay indemnity for the
losses inflicted.
[Enclosure 2]
Draft Memorandum from the German Embassy to the Department
of State
B
The attack on the Lusitania formed part of the
reprisals enacted by the Imperial Government against Great Britain
on account of her illegal starvation policy. According to the German
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 the German submarine warfare and
according to which the Arabic case was
settled. These instructions were issued with regard to the
friendship of many years’ standing between Germany and the United
States and in expectation that the steps the American Government has
undertaken in the meantime to reestablish the freedom of the seas
would be successful. Even before these instructions were issued it
was, however, not the intention of the Imperial Government that our
reprisals should lead to the loss of the lives of noncombattants. My
Government has, therefore, on previous occasions expressed its deep
regret that American lives should have been lost on the Lusitania.
As for the question whether the Imperial Government is obliged to
grant an indemnity in this case, it appears from the negotiations
which have hitherto taken place that a further accentuation of the
difference of opinion which has arisen on this point would not been
[be] apt to promote the friendly
relations between Germany and the United States which both
Governments have at heart and which so far have never been troubled.
In a spirit of friendship and conciliation, therefore, the Imperial
Government in order to settle definitely the Lusitania incident, declare themselves willing to grant an
indemnity for the lives of American citizens which were lost by the
sinking of the boat.
