763.72/2654
The Secretary of State to
President Wilson
My Dear Mr. President: I enclose for your
consideration a suggested comment on the German reply, which, if you
think advisable, I might give to the press.
In the event that we send a note to Gerard today, would you think it well
to give out the comment at the same time that we give out the text of
our instruction?
In regard to the Commissioners for the Board of Investigation under our
Treaty with Great Britain,60 I find that they are the following:
- United States Commissioners—
- Judge George Gray, of Delaware,
- Mr. Domicio da Gama, Brazilian
Ambassador to the United States.
- British Commissioners—
- Viscount James Bryce,
- Mr. Maxim Koveleski, Member of
Counsel [Council] of Russian Empire.
- Joint Commissioner—
- Mr. Fridtjof Nansen, Norway.
Faithfully yours,
[Enclosure]
Proposed Statement for the Press61
undated
The greater part of the German answer is devoted to matters which
this Government cannot discuss with the German Government. The only
questions of right which can be discussed with that Government are
those arising out of its action or out of our own, and in no event
those questions which are the subject of diplomatic exchanges
between the United States and any other country.
The essence of the answer is that Germany yields to our
representations with regard to the rights of merchant ships and
non-combatants on the high seas and engages to observe the
recognized rules of international law governing naval warfare in
using her submarines against merchant ships. So long as she lives up
to this altered policy we can have no reason to quarrel with her on
that score, though the losses resulting from the violations of
American rights by German submarine commanders operating under the
former policy will have to be settled.
While our differences with Great Britain cannot form a subject of
discussion with Germany it should be stated that in our dealings
with the British Government we are acting, as we are unquestionably
bound to act in view of the explicit treaty engagements with that
Government. We have treaty obligations as to the manner in which
matters in dispute between the two governments are handled. We
offered to assume mutually similar obligations with Germany, but the
offer was declined. When, however, the subject in dispute is a
continuing menace to American lives it is doubtful whether such
obligations apply unless the menace is removed during the pendency
of the proceedings.
