File No. 300.115P44/29
[Enclosure—Translation]
The Austro-Hungarian Minister of Foreign
Affairs (Burian) to the American Ambassador (Penfield)
No. 3458
Vienna,
July 17, 1916
.
With reference to the very esteemed note No. 74242 of the 24th ultimo, the
undersigned has the honor to communicate the following to his
excellency the Ambassador of the United States of America.
The Imperial and Royal Government agrees with the Washington
Cabinet that in the presentation of the case, as set forth in
the undersigned’s note No. 807 of February 22d3 last on the basis of information from
the Imperial and Royal naval authorities, and as set forth in
the statements of the crew of the steamer Petrolite, contradictions occur in several essential
points. It is evident, however, that it cannot in any way
concede that the naval officer in question, who in making his
report acted within the bounds of his sworn duty, could have
presented the case otherwise than as it agreed with his
observations and impressions. It is to be understood that the
Imperial and Royal Government does not in any way question the
good faith of the sources of information of the Washington
Cabinet.
Under all circumstances, however, the Imperial and Royal
Government must firmly disavow that the commander of the
submarine could have acted with the intention of insulting the
flag of the United States of America or violating the rights of
American citizens. According to the views of the Imperial and
Royal Government no cause is apparent for such an assumption,
which also involves assumption that the commander placed himself
in opposition to his own Government, whose friendly disposition
toward the United States and its citizens is well known to the
Washington Cabinet.
Further, after the receipt of the note referred to from his
excellency the Ambassador of the United States, the Imperial and
Royal Government is not of the opinion that the situation has
now been cleared to such an extent that final decision in regard
thereto could at this moment be rendered by one side or the
other. The Imperial and Royal Government, on its part, in order
to do everything possible towards an elucidation of the
circumstances, brought the statements of the crew of the Petrolite as reported by the Washington
Cabinet, at once to the knowledge of the Imperial and Royal
naval authorities who have placed them before the commander of
the submarine for the purpose of obtaining his thorough report.
It may be stated here that presentation of the case, regarded as
inaccurate by the Washington Cabinet was drafted by the Imperial
and Royal naval authorities in the absence of the commander on
the basis of entries in his journal and the statements of the
second officer. Even
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now the commander’s testimony in this case cannot yet be taken,
for the reason that he and other witnesses of the incident are
at present at sea. Upon his return and examination the result of
the new investigation will immediately be made known to the
American Government.
On the other hand, the Imperial and Royal Government wishes to
draw, the attention of the Washington Cabinet to the fact that
it is not apparent from the very esteemed note whether and in
what sense the crew of the Petrolite
expressed itself in regard to the statement that the commander
of the submarine sent the captain of the Petrolite a bottle of champagne and a box of cigars,
and cigarettes to the crew of the steamer, and that the captain
finally took his leave on the most friendly terms. Inasmuch as
this detail is certainly very significant and the explanations
thereof capable of throwing light on the whole incident, the
Imperial and Royal Government would request from the Washington
Cabinet information pertinent thereto and, in the affirmative
case, information regarding the prompting motive.
Finally, the Imperial and Royal Government desires to assure the
Washington Cabinet that should this be the case it would of
course not hesitate to draw from this incident the conclusions
which would result according to the requirements of
international law and courtesy.
Inasmuch as the undersigned has the honor most respectfully to
request the good offices of his excellency the American
Ambassador to bring the foregoing to the knowledge of his
Government, he avails himself of this opportunity to renew
[etc.]
