File No. 763.72/2579

The Ambassador in Germany ( Gerard ) to the Secretary of State

[Telegram]

3754. The following was given to S. S. McClure as coming from Marine Department by prominent official in Foreign Office. I send it as I understand it states present position of Chancellor, Foreign Office, and Marine Department.

(1)
In using her submarine weapon, Germany distinguishes between hostile and neutral ships. Enemy men-of-war are torpedoed without warning. Armed enemy merchantmen are considered as warships. This is done for the reason that the commanders have received the orders published in the German memorandum of February 8, 1916, concerning the treatment of armed enemy merchantmen, to open fire on every German submarine at sight even before any hostile act has been committed. This renders a warning from the submarine impossible. Armed merchantmen are also sunk without warning ill the war zone or before; i. e., the waters around the British Isles mentioned in the proclamation of February 4, 1915. An exception is made, however, for enemy passenger steamers (liners) which, for reasons of humanity, are not sunk, even in the war zone, without warning, and only after saving the lives of passengers and crew.
(2)
As for neutral ships, Germany respects both the rights of neutrals and the principles of humanity; i. e., neutral merchantmen are sunk only if they carry contraband and cannot be brought into port by a prize crew. No neutral ship is sunk without previously establishing her identity and cargo, and only after saving the lives of passengers and crew. This applies also to neutral ships in the war zone.
(3)
Germany takes into consideration the principles of humanity inasmuch as she never sinks enemy passenger steamers (liners) without warning and only after [saving] the lives of passengers and crew. As a part of the enemy passenger steamers, however, are armed, and as the English Admiralty orders which were found on British ships and in the German memorandum of February 8, 1916, give every reason to expect that they will use their armament for offensive purposes, it is possible that a naval fight may take place between such an armed passenger boat and the German naval force. For that reason it [Page 232] is advisable for neutral passengers to avoid traveling on armed enemy passenger boats.
(4)
In order to maintain the international passenger traffic of neutrals, the German Government several months ago suggested to enter into negotiations with the neutral governments and to designate as absolutely safe certain specially marked neutral steamers which would follow certain routes previously agreed upon (vide note handed to American Ambassador on July 8, 1915).

Gerard