BERLIN, May 28, 1915.
The undersigned has the honor to make the following reply to the note
of his Excellency Mr. James W. Gerard, Ambassador of the United States
of America, dated the fifteenth instant, on the subject of the
impairment of many American interests by the German submarine war.
The Imperial Government has subjected the statements of the
Government of the United States to a careful examination and has the
lively wish on its part also to contribute in a convincing and
friendly manner to clear up any misunderstandings which may have
entered into the relations of the two Governments through the events
mentioned by the American Government.
With regard firstly to the cases of the American steamers Cushing and
Gulflight, the American Embassy has already been informed that it is
far from the German Government to have any intention of ordering
attacks by submarines or flyers on neutral vessels in the zone which
have not been guilty of any hostile act; on the contrary the most
explicit instructions have been repeatedly given the German armed
forces to avoid attacking such vessels. If neutral vessels have come
to grief through the German submarine war during the past few months
by mistake, it is a question of isolated and exceptional cases which
are traceable to the misuse of flags by the British Government in
connection with carelessness or suspicious actions on the part of the
captains of the vessels. In all cases where a neutral vessel through
no fault of its own has come to grief through the German submarines or
flyers according to the facts as ascertained by the German Government,
this Government has expressed its regret at the unfortunate occurrence
and promised indemnification where the facts justified it. The German
Government will treat the cases of the American steamers Cushing and
Gulflight according to the same principles. An investigation of these
cases is in progress. Its results will be communicated to the Embassy
shortly.[1] The investigation might, if thought desirable, be
supplemented by an International Commission of Inquiry, pursuant to
Title Three of The Hague Convention of October 18, 1907, for the
pacific settlement of international disputes.
[Footnote 1: Germany's apology and offer of reparation for the attack
on the Gulflight, together with a request for information in the case
of the Cushing, are conveyed in the following note, which was received
by the State Department in Washington from Ambassador Gerard on June
3, and laid before the Cabinet, and published on June 4:
Referring to the note of May 28, the undersigned has the
honor to inform his Excellency the American Ambassador of
the United States of America, Mr. James W. Gerard, that the
examination undertaken on the part of the German Government
concerning the American steamers Gulflight and Cushing has
led to the following conclusions:
In regard to the attack on the steamer Gulflight, the
commander of a German submarine saw on the afternoon of May
1, in the vicinity of the Scilly Islands, a large merchant
steamer coming in his direction which was accompanied by two
smaller vessels. These latter took such position in relation
to the steamer that they formed a regulation safeguard
against submarines; moreover, one of them had a wireless
apparatus, which is not usual with small vessels. From this
it evidently was a case of English convoy vessels. Since
such vessels are frequently armed, the submarine could not
approach the steamer on the surface of the water without
running the danger of destruction. It was, on the other
hand, to be assumed that the steamer was of considerable
value to the British Government, since it was so guarded.
The commander could see no neutral markings on it of any
kind--that is, distinctive marks painted on the freeboard
recognizable at a distance, such as are now usual on neutral
ships in the English zone of naval warfare. In consequence
he arrived at the conclusion from all the circumstances that
he had to deal with an English steamer, submerged, and
attacked.
The torpedo came in the immediate neighborhood of one of the
convoy ships, which at once rapidly approached the point of
firing; that the submarine was forced to go to a great depth
to avoid being rammed. The conclusion of the commander that
an English convoy ship was concerned was in this way
confirmed. That the attacked steamer carried the American
flag was first observed at the moment of firing the shot.
The fact that the steamship was pursuing a course which led
neither to nor from America was a further reason why it did
not occur to the commander of the submarine that he was
dealing with an American steamship.
Upon scrutiny of the time and place of the occurrence
described, the German Government has become convinced that
the attacked steamship was actually the American steamship
Gulflight. There can be no doubt, according to the attendant
circumstances, that the attack is to be attributed to an
unfortunate accident, and not to the fault of the commander.
The German Government expresses its regrets to the
Government of the United States concerning this incident,
and declares itself ready to furnish full recompense for the
damage thereby sustained by American citizens. It is left to
the discretion of the American Government to present a
statement of this damage, or, if doubt may arise over
individual points, to designate an expert who would have to
determine, together with a German expert, the amount of
damage.
It has not yet been possible by means of an inquiry to clear
up fully the case of the American ship Cushing. Official
reports available report only one merchant ship attacked by
a German flying machine in the vicinity of Nordhind
Lightship. The German aviator was forced to consider the
vessel as hostile because it carried no flag, and, further,
because of no recognizable neutral markings. The attack of
four bombs was, of course, not aimed at any American ship.
However, that the ship attacked was the American steamer
Cushing is possible, considering the time and place of the
occurrences. Nevertheless, the German Government accordingly
requests of the American Government that it communicate to
the German Government the material which was submitted for
judgment, in order that, with this as a basis, a further
position can be taken in the matter.
The undersigned leaves it to the Ambassador to bring the
foregoing to the immediate attention of his Government, and
takes this opportunity to renew to him the assurance of his
most distinguished consideration.
VON JAGOW,
Minister for Foreign Affairs.]
In the case of the sinking of the English steamer Falaba, the
commander of the German submarine had the intention of allowing
passengers and crew ample opportunity to save themselves.
It was not until the captain disregarded the order to lay to and took
to flight, sending up rocket signals for help, that the German
commander ordered the crew and passengers by signals and megaphone to
leave the ship within ten minutes. As a matter of fact he allowed them
twenty-three minutes and did not fire the torpedo until suspicious
steamers were hurrying to the aid of the Falaba.
With regard to the loss of life when the British passenger steamer
Lusitania was sunk, the German Government has already expressed its
deep regret to the neutral Governments concerned that nationals of
those countries lost their lives on that occasion. The Imperial
Government must state for the rest the impression that certain
important facts most directly connected with the sinking of the
Lusitania may have escaped the attention of the Government of the
United States. It therefore considers it necessary in the interest of
the clear and full understanding aimed at by either Government
primarily to convince itself that the reports of the facts which are
before the two Governments are complete and in agreement.
The Government of the United States proceeds on the assumption that
the Lusitania is to be considered as an ordinary unarmed merchant
vessel. The Imperial Government begs in this connection to point out
that the Lusitania was one of the largest and fastest English commerce
steamers, constructed with Government funds as auxiliary cruisers, and
is expressly included in the navy list published by British Admiralty.
It is moreover known to the Imperial Government from reliable
information furnished by its officials and neutral passengers that for
some time practically all the more valuable English merchant vessels
have been provided with guns, ammunition and other weapons, and
reinforced with a crew specially practiced in manning guns. According
to reports at hand here, the Lusitania when she left New York
undoubtedly had guns on board which were mounted under decks and
masked.
The Imperial Government furthermore has the honor to direct the
particular attention of the American Government to the fact that the
British Admiralty by a secret instruction of February of this year
advised the British merchant marine not only to seek protection behind
neutral flags and markings, but even when so disguised to attack
German submarines by ramming them. High rewards have been offered by
the British Government as a special incentive for the destruction of
the submarines by merchant vessels, and such rewards have already been
paid out. In view of these facts, which are satisfactorily known to
it, the Imperial Government is unable to consider English merchant
vessels any longer as "undefended territory" in the zone of maritime
war designated by the Admiralty Staff of the Imperial German Navy, the
German commanders are consequently no longer in a position to observe
the rules of capture otherwise usual and with which they invariably
complied before this. Lastly, the Imperial Government must specially
point out that on her last trip the Lusitania, as on earlier
occasions, had Canadian troops and munitions on board, including no
less than 5,400 cases of ammunition destined for the destruction of
brave German soldiers who are fulfilling with self-sacrifice and
devotion their duty in the service of the Fatherland. The German
Government believes that it acts in just self-defense when it seeks to
protect the lives of its soldiers by destroying ammunition destined
for the enemy with the means of war at its command. The English
steamship company must have been aware of the dangers to which
passengers on board the Lusitania were exposed under the
circumstances. In taking them on board in spite of this the company
quite deliberately tried to use the lives of American citizens as
protection for the ammunition carried, and violated the clear
provisions of American laws which expressly prohibit, and provide
punishment for, the carrying of passengers on ships which have
explosives on board. The company thereby wantonly caused the death of
so many passengers. According to the express report of the submarine
commander concerned, which is further confirmed by all other reports,
there can be no doubt that the rapid sinking of the Lusitania was
primarily due to the explosion of the cargo of ammunition caused by
the torpedo. Otherwise, in all human probability, the passengers of
the Lusitania would have been saved.
The Imperial Government holds the facts recited above to be of
sufficient importance to recommend them to a careful examination by
the American Government. The Imperial Government begs to reserve a
final statement of its position with regard to the demands made in
connection with the sinking of the Lusitania until a reply is received
from the American Government, and believes that it should recall here
that it took note with satisfaction of the proposals of good offices
submitted by the American Government in Berlin and London with a view
to paving the way for a modus vivendi for the conduct of maritime war
between Germany and Great Britain. The Imperial Government furnished
at that time ample evidence of its good will by its willingness to
consider these proposals. The realization of these proposals failed,
as is known, on account of their rejection by the Government of Great
Britain.
The undersigned requests his Excellency the Ambassador to bring the
above to the knowledge of the American Government and avails himself
of the opportunity to renew, &c.