File No. 763.72/13402b
The Secretary of State to the Ambassador in Germany (Gerard)
2645. For the Ambassador and Colonel House: On the 22d the German Ambassador submitted two tentative drafts of a memorandum in the Lusitania case by which the German Government repeated its regret that Americans were killed by the justifiable retaliatory act of its submarine commander and offered, out of regard for the friendship of the two countries, to pay an indemnity.
On the 25th I had an interview with Count von Bernstorff and told him that both drafts were unsatisfactory; that the act of the submarine commander, being retaliatory, was admittedly illegal, and though it might be justified against an enemy, it could not be justified against neutrals. I told him that this Government would be satisfied with nothing less than an admission of the wrongful conduct of the submarine commander and an admission of liability for the lives of American citizens lost by his act. He replied that he was sure his Government could not go as far as that as they had denied liability. He asked me what would be our course in case Germany could not meet our demands. I replied that I saw no other course except to break off diplomatic relations, to which he answered that he thought it would go further than that in case we followed that course. I told [Page 151] him that was probably correct but that I had discussed the matter fully with the President and that we would not hesitate to assume responsibility for the consequences. He stated that he would think the matter over and see me again to-day.
At noon to-day the German Ambassador called, and after discussing the matter he submitted the following memorandum which he is sending to his Government for their approval.
[Here followed the memorandum.1]
If the German Government can agree to the above memorandum, I believe that the Lusitania case will be satisfactorily ended. The memorandum was read to the President and received his approval.
- Memorandum not filed; its probable working may be ascertained by inserting the two sentences quoted as unacceptable to the German Government in telegram No. 4007 from the Ambassador in Germany, January 29, 1916 [received January 31], post, p. 154, in place of the revised sentences in the new draft submitted by the German Ambassador, February 4, post, p. 157.↩