File No. 763.72/2768
The German Ambassador (Bernstorff) to the Secretary of State 1
My Dear Mr. Secretary: With reference to my letters of September 1 and October 5, 1915,2 concerning the Lusitania and Arabic cases, I beg to transmit to you the following instructions which I have received from my Government in answer to your official note of July 21, 1915.3
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. Germany has notwithstanding limited her submarine warfare, because of her long-standing friendship with the United States and because by the sinking of the Lusitania, which caused the death of citizens of the United States, the German retaliation affected neutrals which was not the intention, as retaliation should be confined to enemy subjects.
The Imperial German Government having subsequent to the sinking of the Lusitania issued to its naval officers the new instructions which are now prevailing, expresses profound regret that citizens of the United States suffered by that event and, recognizing its liability therefor, stands ready 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, 1915, 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 [Page 172] 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.
I remain [etc.]
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Original not filed; the text here printed was received on June 26 as enclosure to the following letter from the German Ambassador:
Nr. A. 4308
Rye, N. Y., June 24, 1916.
My Dear Mr. Secretary: I am in receipt of your letter of 22d instant concerning the publication of the documents dated September 4, 1915, January 7, and February 4, 1916, on the subject of restraint on commerce.
In reply I beg to draw your attention to the fact that the document of February 4 represents only one of the tentative draughts which we discussed in this matter, whereas the definite wording is contained in my letter of February 16, copy of which is enclosed herewith.
I am [etc.]
J. Bernstorff
↩ - Foreign Relations, 1915, Supplement, pp. 530, 560.↩
- Ibid., p. 480.↩