Papers Relating to the Foreign Relations of the United States, The Lansing Papers, 1914–1920, Volume I

841.857 L 97/131½

Draft Note From the Secretary of State to the German Ambassador (Bernstorff), Proposed in Case of Entire Failure of Informal Negotiations

Excellency: The informal conversations which I have had with your Excellency relating to the sinking of the British steamship Lusitania by a German submarine, through which a large number of citizens of the United States lost their lives, have, I regret to say, failed in their purpose although conducted in the most amicable spirit and with a sincere effort on my part to remove as far as possible those differences which prevented a settlement of the controversy.

After careful consideration of the present state of the discussion my Government has with great reluctance reached the conclusion that a continuance of these conversations would not be justified, since the only result would be further delay without reasonable prospect of a satisfactory settlement of the dispute.

In view of the failure to reach an agreement informally but one course remains, if we are to preserve the friendly relations between our Governments, and that is a frank presentation of its demands by the Government of the United States and an equally frank compliance by the Imperial German Government.

The Government of the United States, therefore, must very respectfully insist that the Imperial German Government declare

(1) That the sinking of the Lusitania by a German submarine, being an act admitted to be in retaliation for alleged illegal conduct by an enemy, was itself, so far as it affected neutrals, illegal and in violation of the accepted rules of civilized warfare;

(2) That, as citizens of the United States, who were neutral non-combatants, lost their lives in consequence of this illegal act of the German naval authorities, the Imperial German Government admit liability for the lives lost and agree to pay a just indemnity therefor; and

(3) That the officer of the German Navy responsible for the sinking of the Lusitania, will be punished for having committed a lawless and inhumane act in thus causing the death of citizens of the United States.

In order to avoid any misapprehension which may possibly exist I wish to state to your Excellency that the demands, upon which my Government is constrained to insist, cannot be withdrawn or changed in substance without abandoning those principles of international law and humanity for which it has from the beginning of this controversy contended, and that, firmly convinced of the righteousness of these principles, it cannot now abandon them.

The Government of the United States, believing that in presenting these demands it is fully justified by the law of nations and by the humane sentiment of civilization, expresses the earnest hope that the Imperial German Government will realize that it does so in the same spirit of friendship and with the same regard for the amicable relations of the two countries, which it has manifested in the informal negotiations which have been in progress during the past three months. My Government has sought with patience and confidently expected to obtain a settlement of the controversy which would give due recognition to the rights of the United States and its citizens. The admissions of principle contained in the assurances of your Government of September 1, 1915,⁷ in the statement in the German note of November 29, 1915,⁸ in regard to the steamer William P. Frye, and in the declaration as to submarine warfare received January 7th,⁹ justified this hope and expectation. The Government of the United States found further encouragement in the fact that your Excellency’s Government by declaring that the sinking of the Lusitania was in retaliation for alleged breaches of international law by Great Britain admitted substantially that the act of the commander of the submarine was illegal. I have not failed to point out repeatedly to your Excellency that an act of admitted illegality is unjustifiable where it impairs neutral rights and imposes upon the perpetrator a full measure of liability, whatever justification may be urged for it as an act of retaliation against persons of enemy nationality. As this assertion has remained practically unchallenged my Government has patiently and hopefully awaited its acceptance by the Imperial Government and an acknowledgment of liability for the illegal and culpable conduct of its officer. But it seems now that the patience of the Government of the United States was in vain, and its hope unwarranted.

I need not impress upon your Excellency the critical stage which the controversy has reached, as I know that you appreciate as fully as I do, that a direct issue can no longer be avoided. My Government, while it views this situation with the gravest concern and would deplore a severance of those relations with your Government which have always been characterized by sincerity and cordiality, cannot recede from the position which it has taken, or lessen the demands which it has made.

The Government of the United States feels that the time has come when it should know whether the Imperial German Government purposes to recognize the justice of the contention of the United States and is willing to rectify as far as possible the wrongs done to its citizens. After the very full exchange of views which have taken place, the Government of the United States does not consider the subject is open to further discussion; and it, therefore, requests that the Imperial Government reply categorically to the demands which have been presented and that in doing so it bear in mind that upon it rests the responsibility for the future relations between the two countries, which the Government of the United States most earnestly and sincerely desires should continue to be inspired by cordial friendship and esteem and by a due regard for the rights of their respective citizens and subjects.

January26, 1916

7. Foreign Relations, 1915, supp., p. 530.
8. ibid., p. 644.
9. Ibid., 1916, supp., p. 144.