File No. 763.72/2538
The German Ambassador (Bernstorff) to the Secretary of State
My Dear Mr. Secretary: With reference to our conversation of yesterday I beg to state that, according to wireless information which [Page 183] I received from my Government, English newspapers, amongst others the London Times and Daily Graphic, dealing with the question of armed merchantmen, openly declare that British merchantmen have no intention to conform even to the American viewpoint which permits arming of merchantmen for purposes of defense only.
The naval correspondent of the London Times in the edition of February 10 admits that steamers Kashgar, City of Marseilles, and the French steamer Plata opened fire on submarines after sighting them. The correspondent then, referring to the episode of the Clan McTavish, says that it did not meet deserved success but that it shows the readiness with which merchantmen can “attack.”
Likewise Daily Graphic in an article of February 12 dealing with the same question says: “Let it be understood that we shall not limit our action to defensive measures.” A similar utterance is reported about the Daily Telegraph of February 22.
On the other hand the semiofficial North German Gazette on February 26, referring to President Wilson’s letter to Senator Stone as viewed by Reuter, publishes the following article:
The principles stated in the German memorandum are by no means opposed to international law, for secret orders of the British Admiralty published in the memorandum expressly instruct armed British merchantmen to not only defend themselves but to attack also. Numerous incidents quoted in the memorandum give further proof that the ships follow this instruction. Such vessels according to international law cease to be peaceful trading ships. On the other hand, the precedent taken by our enemies appears as gross breach of law of nations since they through merchantmen commit acts of warfare that only a real man-of-war is entitled to. If President Wilson in his letter to Senator Stone says that announced measures against armed enemy merchant ships are contrary to express assurances given by Germany and Austria-Hungary, this is apparently caused by misunderstanding, for these assurances referred only to peaceful liners and not to such ships whose armament is connected with aggressive purposes. These misunderstandings were apparently caused by the fact that the memorandum with annexes is not yet in the hands of the American Government, and that therefore the President is so far unable to examine both.
I am [etc.]