File No. 763.72119/2377a

The Swiss Chargé ( Oederlin ) to the Secretary of State

Sir: By direction of my Government, I have the honor to transmit herewith to Your Excellency the original German text of a communication dated October 20, 1918, from the German Government, which has today been received from the Swiss Foreign Office. I beg to also enclose an English translation of the communication in [Page 380] question as transmitted to the Swiss Foreign Office by the German Government with the request that it be forwarded to Your Excellency’s Government.

Please accept [etc.]

F. Oederlin
[Enclosure—Translation]

The German Secretary of State of the Foreign Office ( Solf ) to the Swiss Foreign Office for President Wilson

In accepting the proposal for an evacuation of the occupied territories the German Government has started from the assumption that the procedure of this evacuation and of the conditions of an armistice should be left to the judgment of the military advisers and that the actual standard of power on both sides in the field has to form the basis for arrangements safeguarding and guaranteeing this standard. The German Government suggests to the President to bring about an opportunity for fixing the details. It trusts that the President of the United States will approve of no demand which would be irreconcilable with the honor of the German people and with opening a way to a peace of justice.

The German Government protests against the reproach of illegal and inhumane actions made against the German land and sea forces and thereby against the German people. For the covering of a retreat, destructions will always be necessary and are insofar permitted by international law. The German troops are under the strictest instructions to spare private property and to exercise care for the population to the best of their ability. Where transgressions occur in spite of these instructions the guilty are being punished.

The German Government further denies that the German Navy in sinking ships has ever purposely destroyed lifeboats with their passengers. The German Government proposes with regard to all these charges that the facts be cleared up by neutral commissions. In order to avoid anything that might hamper the work of peace, the German Government has caused orders to be despatched to all submarine commanders precluding the torpedoing of passenger ships, without, however, for technical reasons, being able to guarantee that these orders will reach every single submarine at sea before its return.

As the fundamental conditions for peace, the President characterizes the destruction of every arbitrary power that can separately, secretly and of its own single choice disturb the peace of the world. To this the German Government replies: Hitherto the representation of the people in the German Empire has not been endowed with an influence on the formation of the Government. The Constitution did not provide for a concurrence of the representation of the people [Page 381] in decision on peace and war. These conditions have just now undergone a fundamental change. The hew Government has been formed in complete accord with the wishes of the representation of the people, based on the equal, universal, secret, direct franchise. The leaders of the great parties of the Reichstag are members of this Government. In future no government can take or continue in office without possessing the confidence of the majority of the Reichstag. The responsibility of the Chancellor of the Empire to the representation of the people is being legally developed and safeguarded. The first act of the new Government has been to lay before the Reichstag a bill to alter the Constitution of the Empire so that the consent of the representation of the people is required for decisions on war and peace. The permanence of the new system is, however, guaranteed not only by constitutional safeguards, but also by the unshakable determination of the German people, whose vast majority stands behind these reforms and demands their energetic continuance.

The question of the President, with whom he and the Governments associated against Germany are dealing, is therefore answered in a clear and unequivocal manner by the statement that the offer of peace and an armistice has come from a Government which, free from arbitrary and irresponsible influence, is supported by the approval of the overwhelming majority of the German people.

Solf