File No. 763.72/2302
The substance of the Secretary of the Navy’s letter has been transmitted
to the American Ambassador at Berlin by telegraph for communication to
the Imperial Foreign Office.
[Enclosure]
The Secretary of the Navy (Daniels) to the
Secretary of State
Washington,
December 10, 1915.
Sir: I have the honor to acknowledge the
receipt of your letter of December 8, 1915, transmitting a copy in
translation of a note dated December 1, 1915, from the German
Ambassador at this capital, asking that orders be issued to the
commanding officers of American war vessels in the Mediterranean to
display the national flag so that it can be clearly seen by day and
to keep the ship and flag sufficiently illuminated at night, in
order that the vessels of this Government may not be mistaken for
the warships of the states at war with the Central powers. It is
further noted from the enclosure that the German Government offers
this suggestion with a view to preventing error in submarine
attacks.
The distinguishing marks and lights to be carried by men-of-war on
the high seas are prescribed by international agreement as embodied
in the statute law of the United States in regulations for
preventing collisions at sea. These rules do not require the display
of colors by day when not in sight of other vessels, nor do they
require the display of colors at night, nor the illumination of the
ship and colors at night.
Within territorial waters or blockaded areas this Department concedes
the right of a foreign government to require the use of special
distinguishing lights or signals, and, in fact, such local
regulations are provided for by the international rules above
mentioned.
On the high seas, however, no nation has a right to prescribe or
suggest rules for the conduct of the vessels of other nations, and
the responsibility for preventing attacks on innocent vessels under
the circumstances suggested
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by the German Government must rest with the
belligerent nation concerned, and not with the neutral nation whose
flag the ship may fly.
This Department considers that the entering into of an arrangement
with one or more belligerents, not provided for by international
agreement, would be a most dangerous and inexpedient procedure.
In view of the above, this Department must decline to issue the
orders requested by the German Ambassador to the commanding officers
of American war vessels in the Mediterranean, and must continue to
consider that the German Government is wholly and fully responsible
for the prevention of unintentional attacks by its naval forces on
the vessels of the United States.
Very sincerely yours,
