File No. 763.72/2623
The German Ambassador ( Bernstorff ) to the Secretary of State
Memorandum
The Imperial German Government, on account of the friendly relations which have always existed between the two great nations and earnestly desiring to continue them, wishes to explain the U-boat question once more to the American Government.
At the outbreak of the war the German Government, acting upon the suggestion of the United States, immediately expressed its readiness to ratify the Declaration of London. At that time a German prize code had already been issued, which was entirely—and without modification—based upon the rules of the Declaration of London. Germany thereby proved her willingness to recognize fully the existing rules of international law which insure the freedom of the sea for the legitimate trade of neutral nations, not only among themselves but also with belligerent countries.
Great Britain, on the other hand, declined to ratify the Declaration of London and, after the Outbreak of the war, began to restrict the legitimate trade of the neutrals in order to hit Germany. The contraband provisions were systematically extended on August 5, 20, September 21, and October 29, 1914. On November 3, 1914, the order of the British Admiralty followed declaring the whole North Sea a war zone in which commercial shipping would be exposed to most [Page 199] serious dangers from mines and men-of-war. Protests from neutrals were of no avail and from that time on the freedom of neutral commerce with Germany was practically destroyed. Under these circumstances, Germany was compelled to resort, in February 1915, to reprisals in order to fight her opponents’ measures, which were absolutely contrary to international law. She chose for this purpose a new weapon the use of which had not yet been regulated by international law and, in doing so, could and did not violate any existing rules, but only took into account the peculiarity of this new weapon, the submarine boat.
The use of the submarine naturally necessitated a restriction of the free movements of neutrals and constituted a danger for them which Germany intended to ward off by a special warning analogous to the warning England had given regarding the North Sea.
As both belligerents—Germany in her note of February 17 and Great Britain in those of February 18 and 20, 1915—claimed that their proceeding was only enacted in retaliation for the violation of international law by their opponents, the American Government approached both parties for the purpose of trying to reestablish international law as it had been in force before the war. Germany was asked to adapt the use of her new weapon to the rules which had been existing for the former naval weapons, and England not to interfere with the food supplies intended for the non-combatant German population and to admit their distribution under American supervision. Germany, on March 1, 1915, declared her willingness to comply with the proposal of the American Government whilst England, on the other hand, declined to do so. By the order in council of March 11, 1915, Great Britain abolished even what had remained of the freedom of neutral trade with Germany and her neutral neighbors. England’s object was to starve Germany into submission by these illegal means.
Germany, after neutral citizens had lost their lives against her wish and intention, nevertheless in the further course of the war complied with the wishes of the American Government regarding the use of her submarines. The rights of neutrals regarding legal trading were, in fact, nowhere limited by Germany.
Then England made it impossible for submarines to conform with the old rules of international law by arming nearly all merchantmen and by ordering the use of guns on merchant vessels for attack. Photographic reproductions of those instructions have been transmitted to neutral governments with the memorandum of the German Government of February 8, 1916. These orders are obviously in contradiction with the note delivered by the British Ambassador in Washington to the American Government on August 25, 1914. On account of the proposals, made by the United States on January 23, 1916, regarding disarmament, the Imperial Government hoped that these facts would enable the neutral governments to obtain the disarmament of the merchant ships of her opponents. The latter, however, continued with great energy to arm their merchantmen with guns.
[Page 200]The principle of the United States Government not to keep their citizens off belligerent merchant ships has been used by Great Britain and her allies to arm merchant ships for offensive purposes. Under these circumstances merchantmen can easily destroy submarines, and if their attack fails, still consider themselves in safety by the presence of American citizens on board.
The order to use arms on British merchantmen was supplemented by instructions to the masters of such ships to hoist false flags and to ram U-boats. Reports on payments of premiums and bestowals of decorations to successful masters of merchantmen show the effects of these orders. England’s allies have adopted this position.
Now Germany is facing the following facts:
- (a)
- A blockade contrary to international law (compare American note to England of November 5, 1915) has for one year been keeping neutral trade from German ports and is making German exports impossible.
- (b)
- For eighteen months, through the extending of contraband provisions in violation of international law (compare American note to England of November 5, 1915) the overseas trade of neighboring neutral countries, so far as Germany is concerned, has been hampered.
- (c)
- The interception of mails in violation of international law (compare American memorandum to England of January 10, 1916) is meant to stop any intercourse of Germany with foreign countries.
- (d)
- England, by systematically and increasingly oppressing neutral countries, following the principle of “might before right,” has prevented neutral trade on land with Germany so as to complete the blockade of the Central powers intended to starve their civil population.
- (e)
- Germans met by our enemies on the high sea are deprived of their liberty no matter whether they are combatants or non-combatants.
- (f)
- Our enemies have armed their merchant vessels for offensive purposes, theoretically making it impossible to use our U-boats according to the principles set forth in London declaration (compare American memorandum of February 8, 1916).
The English White Book of January 5, 1916, on the restriction of German trade, boasts that by British measures Germany’s export trade has been stopped almost entirely, whilst her imports are subject to England’s will.1
The Imperial Government feels confident that the people of the United States, remembering the friendly relations that for the last hundred years have existed between the two nations, will, in spite of the difficulties put into the way by our enemies, appreciate the German viewpoint as laid down above.