File No. 763.72/2411
[Enclosure—Translation]
The German Secretary of State for Foreign
Affairs (Von Jagow) to the American Ambassador (Gerard)
No. A 760]
Berlin,
January 19, 1916.
The undersigned has the honor to reply as follows to the esteemed
note of his excellency, the American Ambassador, Mr.
Gerard, of December 14, 1915, F. O. No.
6821.
If the Imperial Government proposed to the Government of the United
States that the American warships in the Mediterranean be instructed
to fly their national flags clearly visible during the day, and to
provide sufficient illumination of vessel and flag at night, this
merely represented a friendly suggestion, as is self-evident from
the nature of the matter. It was by no means the intention of the
Imperial Government to wish to issue instructions to the American
Government in this regard. This suggestion had for its object in the
first place to serve the interest of the American Government, but by
no means to infringe upon its rights, as the American marine
authorities erroneously appear to assume.
The Imperial Government is moreover not in the position to accept the
point of view of the American marine authorities, that no state has
a right to give friendly advice to another state. According to the
conception of the Imperial Government, a belligerent power not only
has the right, but even the duty to warn a neutral of dangers which
may possibly menace him, in case he should get into unintended
danger through operations of war about to take place.
In its reply of December 14, 1915, the American Government bases its
point of view solely on formal instructions. In the opinion of the
Imperial Government, the American Government does not sufficiently
take into account the fact that these instructions were principally
intended to safeguard shipping in normal times; that is, in times of
peace. The particular requirements of war hardly render the appeal
of a neutral power to such instructions permissible, if the
one-sided disadvantage of one of the belligerents is thereby
caused.
Even though no explicit regulations exist with regard to the German
suggestion, the German Government would like to point out in this
connection that it was the American Government itself which appealed
on several occasions to the general principles of the right of
neutrality. According to these, the neutral state is in duty bound,
not intentionally to place difficulties in the way of the military
operations of one of the belligerents, unless its own justified
interests are violated. The point of view taken by the American
Government would logically lead to the result that even in times of
war, American warships, in appealing to the right valid in times of
peace of free transit on the high seas could demand unhindered
passage between two battling warships.
The foregoing considerations and urgent military interests,
especially the exigencies of submarine warfare, concerning which the
American Government itself admitted in the note of July 23, 1915, F.
O. No. 4376, that it was prepared to take its special conditions
into account, render it impossible for the Imperial Government, to
its sincere regret, to accept the American point of view, which, in
case of mistaking a vessel, wishes to place the blame solely and
entirely on the German naval forces.
The Imperial Government cherishes the hope that the American
Government, upon subjecting the German suggestion to a new and
well-wishing examination, will not refrain from listening to the
above arguments.
While requesting him to bring the foregoing to the attention of the
American Government, the undersigned avails himself [etc.]
