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VOL. 15, NO. 5
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Diplomatic Corre
sDonde
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fEHK SECRETARY OP STATE TO THE AMER
ICAN AMBASSADOR AT iLONDON
(Tercgram)
Department of State
No. ilG9.' Washington, Feb. 20, 1915.
You will please deliver to Sir Edward Grey
the following identic note which wo are' sending
England and Germany:
In view of the correspondence which has
passed between this government and Great
Britain and Germany respectively, relative to the
declaration of a war zone by the German ad
miralty and the use of neutral flags by British
morchant vessels, this government ventures to
express the hope that the two belligerent gov
ernments may, through reciprocal concessions,
And a basis for agreement which will relieve
. neutral ships engaged in peaceful commerce
from the great dangers .which they will incur
in .tho ihigh.soaa adjacent to the coasts of the
belligerents. .
. . The government of, the United States respect
fully suggests that an agreemont in terms like
the following might be entered into. This sug
gestion is .not to be regarded as in any sense a
proposal made by this government, for it of
cpursp fully recognizes that it is not its privilege
to propose terms of agreement between Great
Britain and Germany, even though the matter
,be one in which it and the people of the United
jStates, are directly and deeply interested. It is
merely, venturing to take the liberty which it
hopes may be accorded a sincere friend desirous
of embarrassing neither nation involved and of
serving,'. If it may, tho common interests of hu
manity. The course outlined is offered In the
fibe that it may draw fortlithe views and elicit
the suggestions of the British and German, gov-
' fernments. on a matter of capital interest to .the
whbjo world.
Germany and Great Britain to agree: ,
' l.'That neither" will sow any floating mines,
'Whether upon' the high' seas or in territorial
Waters: that neither will nlruif. nn tliAMif'frlr anna
' andhored "mines except Within cannon' range' of
harbors for defensive 'purposes only; and that all
mines shall bear tho stamp of the government
planting them and to be 'so constructed as to
become harmless if separated from' their moor
ings. ' 2. That neither will use submarine to attack
merchant vessels of any nationality except to
ohfbrrid tho rightf visit and search:
3. That each will require their respective
merchant vessels not to use neutral flags for, the
purpose of disguise or ruse de guerre.
Germany to agree:
Tliat 'all importations of food or foodstuffs
from the United States (and from such other
neutral 'countries as may ask it) 'into Germany
shall be consigned to agencies to be designated
by the United States ' government! that these
American agencies shall have entire charge and
cdntrol without interference on the part of the
German' government, of the receipt and distri
bution of such importations, and' shall distribute
them solely to retail dealers bearing licenses
from the German government entitling them to
receive and furnish such food and food3uffs to
noncombatarits only;, that any violation of the
terms of -the retailers' licenses 'shall work a
forfeiture of their rights to recelv.e such food
and foodstuffs for this purpose; and that such
f bod arid foodstuffs will not be Requisitioned by
the German government for any purpose what
soever or be diverted to the use of the armed
forces of Germany.
Great Britain to agree:
That .food and foodstuffs will npt be placed
upon the absolute contraband,' list and that ship
ments of such commodities will not be interfered
wlta or detained by British authorities if con
signed, to agencies designated by the United
States government in Germany for the receipt
and distribution of such cargoes to licensed
German Retailers for distribution, solely to the
noncombatant population. '
In submitting this proposed basis' of agree
ment thi& government does riot wish to be un
derstood as admitting, or denying any belligerent
Identic message , sent to the American am--iHiwi&dor
at Berlin oil the same date". "
or neutral right established by the principles of
international law, but would consider the agree
ment, if acceptable 'to the interested powers, a.
modus Vivendi based upon expediency rather
than legal right and as riot binding- upon the
United States either- in its present-form or in a
modified form until accepted by this -government
'
BRYAN.'
THE AMERICAN AMBASSADOR AT BERLIN
TO THE SECRETARY OF STATS'
((Telegram) , ,
American Embassy,
No. 1717. Berlin, March 1, 1015.
Following is translation of the German reply:
The un'dersigned has the honor to inform His
Excellency, Mr. James W. Gerard, A'mbassdd.or
of the United States of America, in reply to the
note of the 22fd Instant that the Imperial Ger
man, government have taken note with great in
terest of the suggestion of the American 'govern
ment that certain principles for the conduct 'of
maritime war on the pdrt of Germany and; Eng
land be agreed-upon fpr the protection Qf neu
tral shipping. They see therein new evidence
of the friendly feelings of the Amerlcari govern
ment toward' the German government which! are
fully reciprocated by Germany.
It is in accordance with Germany's w'ishes .aIso
to have maritime war conducted according! ;to
rules which without discriminate restricting
one or the other of the belligerent powers' in the
rise of their means of warfare are equally con
siderate of the interests of neutrals .and the' 'dic
tates of humanity. Consequently it Was 'iriti
mated in the German note of the lGth 'instant
that observation of "the, declaration of Lbndbn
oh the' part 'of Germany's adversaries wou,ld
create a new situation from which the German
government would gladly draw the proper con
elusions. ( .
Proceeding' from this view the Germatt gbv
' erriinerit'have carefully examined-t'he; suggestion
of the, American' government ! and- believe ' that
'they can &6tually'ee itf'tf a suitable 'basis" fbr
the practical solution 'of ( the 'questions' which
have arisen.' ' '
With regard to the various points of the
American note they beg to make the following
remarks: '' . h
1- With regard to the sowing of mines,,, the
German government would be willing, to agree
as suggested not to use floating mines and, to
have anchored mines constructed as indicated.
Moreover, they agree to put th.e stamp of the
government on all mines to be planted. On .the
other, hand. It does not appear to them to be
feasible for the belligerents wholly to forego the
use of anchored mines for offensive purposes.
2. The German government would undertake
not to use their submarines to attack mercantile
of any flag except when necessary to- enforce the
right of visit and search. Should the enemy
nationality of the vessel or. the presence of con
traband be ascertained submarine would proceed
in accordance' with the general roles of inter
national law.
3.' As provided Jn the( American note, t'his re
striction of the use of the submarines in r.nnH
ent on the fact that enemy mercantile ships ab
stain from tho use. of the neutral flag and other
neutral distinctive marks. It would appear to
be a matter of course that such .mercantile also
abstain , from arming themselves and from
all resistance by force since such procedure con
trary to international law would render impos
sible any actipn of the submarines in accordance
With international law. uraance
4. The regulation of legitimate importations
of food into Germany suggested by the American
government appears to be in general acceptable
Such, regulation would, of course, be confined to
importations by sea but that would on the other
hand include indirect Importations by'wav nf
neutral ports, The German government would
therefore, be willing; to make the detritions
of the nature provided In the American note so
that the use of the Imported food and foodstuffs,
solely by the noncombatant population would be
guaranteed. The imperial government must
however, in addition ( ) having thHm
portation of other raw,. material .used by the
Apparent omission!'
ecoHOMicv systeia ; of noncombatants including
forage permittedi' Ta that end the enemy KOv
ernmdnts would nave to permit the free entrv
iMto Germany of the- raw material mentioned in
the- free list of the Declaration of- London and to
treat-materials, included in the list of condition
al contraband according to" the same principles
as food' and foodstuffs., .
The eririaii- government venture to hope that
the a'greeihent 'for which the American government-have
paVed the way may be reached after
due consideration of the remarks made above,
atid that In this Way peaceable neutral shipping
and 'trade wiirttot suffer 'any more than is abso
lutely necessary from the unavoidable effects of
maritime war. These effects could be still fur
there reduced if, as was pointed out in the Ger
man note of the 16 th instant, some way could
be found to exclude the shipping of munitions
of war from neutral countries' to belligerents on
ships of any nationality.
The German gbvernmerit must, of course, re
serve a definite statement of heir position until
such time as they may receive further informa
tion from the' American gdvernmeht enabling
'them to see what obligations the British govern
ment are on their part Willing to assume.
Thfe undersigned avails" himself of this occa
sion, etc.
1 "" ' (Signed) 'VON JAGOW.
Dated Foreign Office, ' ' GERARD.
Berlin; February 28, 19115.
' TJttti AMERICAN AMBASSADOR AT LONDON
: 46 THE SECRETARY OF STATE
! i ...'. ..' .' ' . iTeiegrani) ..,
I-,,... ....:.. American Embassy,
No; 1796.' London;. March 15, 1915.
',' '.Tohowipg' fs, the', full; text 0f a' memorandum
, 'dated .Mar.ch. 13, whicjh Grey 'handed me today:
1 "Oil' the -2 2d of February last' I received a com
1 iriuhication from Your -Excellency of the identic
"note 'addressed' to His. Majesty's government and
to Germany, respecting an agreement on certain
points'' as to the conduct of the war at sea. The
reply of the Getmatl government to this note has
'been published-arid it-id. not Understood from the
''rpTy ilhat'tlib,5ermali:'gov'ernmerit tfrte prepared
'to' hbandorif tfhe practice offisinking British mer
chant vesselBby submarines1 -and it 'is evident
from, their 'reply that 'they will not.abandon the
. use of mines for offensive, purposes on the high
seas as contrasted with the use of mines for de-
-tensivei purposes only within cannon range of
their own harbors as suggested by the govern
'ment of the United States. -This being so, it
might appear unnecessary for the British govern
1 'merit to ;malce any further Teply than to take note
' of the German answer. 'We desire,, however, to
talce the' opportunity of making a fuller state
ment of the whole position and of our feeling
!,with regard to it. "We recognize With- sympathy
" the 'desire 'of the govertiment of the: United
'States to see" the European war 'conducted in ac
.' cor dance witlr the previously recognized rules
of international law and- the dictates of human
ity: It Is thus that the British, forces have con
ducted therwar and we are not- aware, that these
forces eith'er naval or military can have laid to
their charge any improper' proceedings, either
in the: conduct" of 'hostilities ot in the treatment
of prisoners or wounded. On the- German sine
it has been Very different.
"l.'The treatment of civiliari inhabitarits in Bel
giuril and the north of France has( been made puo-
' lie by the .Belgian arid Frerich govemmerits ana
' by, thos"e' whdv have had experiene'e of it .at first
llarid. Mod'ern history affords no precedent tor
' the. sufferings that have been inflicted' on tne
defenseless 'and noncomUatant jiopulatibn in tne
"territory that has been In German military oc
.cupatiori. Even1 the food of the population was
Confiscated ' nn'til' in'' Belgium'an International
commission largely Influeilced fly" American gen
erosity and conducted under' 'American auspices
came to the "relief of the populatiori and securea
from the German government a' promise to spare
What 'food was still 'left in the dountry thougn
the Germans still continue to 'make levies in
money upon', the defenseless population for tn
support of the German army.
"2. We',haye ftom, time, to. tini.e 4 received most
terrible acco.unts, of the .barharpus treatment to
Which Biritish officers and so'jdiersi have 'been ex
posed, after th,ey have heen taken prisoner wnuj
b,ein& conveyed to German prison 9amps, one or
two , instances have already been given to tne
United States government founded upon autnen
fi and t first-hand . evidence wlilc, is, 6ey""
doubt. Soiiae' evidence has. been received or tne
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