File No. 763.72116/588

The Secretary of State to the Swiss Chargé ( Oederlin )

The Secretary of State presents his compliments to the Chargé d’Affaires of Switzerland, representing German interests in the United States, and acknowledges the receipt of his memorandum, dated September 19, communicating the protest of the German Government against the use of shotguns by the American Army.

In reply to the German protest, the Government of the United States has to say that the provision of the Hague convention, cited in the protest, does not in its opinion forbid the use of this kind of weapon. Moreover, in view of the history of the shotgun as a weapon of warfare, and in view of the well-known effects of its present use, and in the light of a comparison of it with other weapons approved in warfare, the shotgun now in use by the American Army cannot be the subject of legitimate or reasonable protest.

The Government of the United States notes the threat of the German Government to execute every prisoner of war found to have in his possession shotguns or shotgun ammunition. Notwithstanding [Page 786] this threat, inasmuch as the weapon is lawful and may be rightfully used, its use will not be abandoned by the American Army. Moreover, if the German Government should carry out its threat in a single instance it will be the right and duty of the Government of the United States to make such reprisals as will best protect the American forces, and notice is hereby given of the intention of the Government of the United States to make such reprisals.