File No. 763.72/2611
The German Ambassador (Bernstorff) to the Secretary of State
[Handed to the Secretary by the
Ambassador, February 4, 1916, 4 p. m.]
The German submarine war against England’s commerce at sea, as announced on February 4, 1915, is conducted in retaliation of England’s inhuman war against Germany’s commercial and industrial life. It is generally recognized as justifiable that retaliation may be employed against acts committed in contravention of the law of nations. Germany is enacting such retaliation, because it is England’s endeavor to cut off all imports from Germany by preventing even legal commerce of the neutrals with her and thereby subjecting the German population to starvation. In answer to these acts Germany is making efforts to destroy England’s commerce at sea, at least as far as it is carried on by enemy vessels. If Germany has notwithstanding limited her submarine warfare, this was done in view of her long-standing friendship, with the United States and in view of the fact that the sinking of the Lusitania caused the death of citizens of the United States. Thereby the German retaliation affected neutrals which was not the intention, as retaliation must not aim at other than enemy subjects.
The Imperial German Government having subsequent to the event issued to its naval officers the new instructions which are now prevailing, expresses profound regret that citizens of the United States suffered by the sinking of the Lusitania, and assuming liability therefor, offers to make reparation for the life of the citizens of the United States who were lost by the payment of a suitable indemnity.
In the note of the American Government of July 21 concerning the Lusitania incident the Government of the United States invited the practical cooperation of the Imperial Government in contending for the principle of the freedom of the seas, and added that this great object could in some way be accomplished before the present war ends. The Imperial Government will at all times gladly cooperate with the Government of the United States for the purpose of accomplishing this common great object.