D 592 .L8 U6 1922 Copy 1 \ LIBRftRY OF CONGRESS 020 915 553 9 D 592 'tt .L8 U6 1922 Copy 1 ONGRESS, ) SENATE. j Document '■^s/'on. f • 1 No. 176. LUSITANIA claims: MESSAGE FKOM THE PRESIDENT OF THE UNITED STATES, TRAXIIITTIXG, IN RESPONSE TO SENATE RE SOLUTION OF AUGUST 16, 1931, REPORT OF THE SECRETARY OF STATE CONCERNING AMERICAN PAS- SENGERS ON THE LUSITANIA WHEN SUNK AND CLAIMS FILED WITH THE DEPARTMENT OF STATE BY AMERICAN CITIZENS AS A RESULT OF THE LOSS OF THE LUSITANIA. April 3, 1922.- -Read; ordered to lie on the table and to be printed. To iJie Senate: I transmit herewith a report from the Secretary of »State in response to the resolution adopted by the Senate on August 16, 1921, concern- ing American passengers aboard the steamship Lusitania at the time of its sinking and concerning claims against Germany filed with the Department of State by American citizens as a result of the loss of the Lusitania. Warren G. Harding. The White House, April 3, 1922. The Pre,sident : The undersigned, the Secretary of State, has the honor to report as follows in response to the resolution adopted by the Senate on August Hi, 1921, requesting information concerning American passengers aboard the steamship Lunitania at the time of its sinking and con- ccrnino; claims against Germany filed with the department as a result of the loss of the Lufhio SECOND CABIN PASSENGERS Bancmfl, Wm. B Barker, Mrs. Martha Barker. Miss Winifred Beattie, Rev. James A Beattie, Mrs. Margaret Brctherton, Mrs. Noah E Bretherton, EUzabeth (infant) Bret herton, Master Paul (3 years) . . Callan , Patrick Canrtlish, Arthur Candli.sh, Mrs. Elen Callierwood, J ohn Cathcrwood. Mrs. Maria Ciill)crt . WilUam Colbert. Mrs. Helena Collis, EdWLU Condon, .Mrs. Delia (Miss) Davis, Miss Annie DcKherty, Mrs. Mabel Docherty, WiUiam (infant) Dvcr. Robert Elvart. Robert J Ferguson, Joint Foley, Arthur R Foss, Carl E Friedman. Samuel tiarry, Christ New York Citv. . .. Trenton, N. j". do New York City. . ., do Los .\ngeles, CaUf . do do Chicago, 111 Pawtucket, R.I... do Philadelphia, Pa. . do New York City... do Riverside, 111 New York City. . .. Weliand, Ontario.. New York City. . . do Pittsburgh, Pa Brooklyn. N. Y.... New York City Trenton, N. J ! New York Citv. . ., Brooklyn. N. V.... Cleveland, Ohio — Lost. Saved. " "'' Lost. Do. Saved. Do. Lost. Saved. -.^ Lost. Do. Saved. .^ Lost. Do. Lost. Do. Saved, a** Lost. Do. Saved. Do...> Do. ■. Do. , Lost. Do. Saved^** Lost. Do. lus:taxia claims. Name. Point of orifjin. Saved or lost- SECOND CABIN PASSENGERS— Continued. Gilseman, Hugh Gray. Mrs. Terrance Grav, Master Stewart (4 years). Holland. Mrs. Niua ' Hume, Mrs. Mary A .Iiidsoii. Frederick S Kelly. Miss Margaret S Level ieh. Mrs. Ro^ina T. Leverieh, Miss Rosina P Lund, Charles Lund, Mrs. Sarah MaeFarquhar, Mrs. Jane Ann.. MacFarquhar, Miss Grace M . . . McGovern. Miss Mazie Me Hardy, Mrs. Annie MeKenzIe, Mrs. Mary A Melvetehan. Mrs. R.'Elizabeth. Mclvelchan, Campbell (infant). McKetchan, Master James MeParthin, Myles Milford. Frederick J MitchelK Arthur Jackson Mnore, Dr. Daniel V Monnsey, William Miurav." Mrs. C. Rose Xai-h, Thei:; Xaish. Mrs. Belle Saunders O'Doiniel, Patrick Sail , Henry J Sanioilescu, David Shineman, James Shinemau, Mrs. Margaret Slattery, Patrick J Stevens, Charles H Sweeny, John Martin Taylor, Mrs. Annie Taylor, Stanley R Vance, John Ward, Michael AVolfenden, John C Wolfeiideu, Mrs Worden, Mrs. Charles THIRD CLASS PASSENGERS. Cooper, Joseph E. (infant) Coughlan, Master John Coughlan, Margaret (2 years). Coughlan, Bernard (infant)... Driscoil, Timothy Ferguson, Mrs. Mary Ferguson, Edward (infant)... Frankum, Master Fred Frankiun. Winifred (uifant).. Gibbons, Michael Goodall, Jack (infant) Groves, George Harvey, William Hnrley, Charles E .Tones, Evan Lambert, Master Robert Lockwood, Miss Lily Logan, Robert (infant) Stephens, Thomas Chan Williams, David (infant) Long Island City Los Angeles, Calif. . . do New York City Harrison. N. J New York City PiUsburgh. Pa New York City do do do Stratford, Conn do Bloomfield, N. J.... New York City New Bedford, Mass. Gillespie, HI do do New York City Hancock, Md Toronto, Canada New York City do do Kansas City, Mo do Hoboken, N. J Boston, Mass New York City .....do do do Atlantic City Watertown, Mass. . . Boston, Mass do New York City Pittsburgh, Pa Pawtueket, R. I do Lowell, Mass New Bedford, Mass. Butte, Mont ....do do Boston, Mass Newark, N.J ....do Detroit, Mich ....do Chicago, III Kearney, N.J New York City ..do Boston, Mass Chicago, HI New York City Harrison, N.J New York City Chicago, 111 Newark, N. J Lost. Do. Do. Saved. Lost. Saved. Lost. Do. Do. Do. Saved. Do. Do. Lost. Do. Do. Saved. Lost. Do. Do. Saved. Do. Do. Lost. Saved. Lost. Saved. Do. Lost. Do. Do. Do. Saved. Lost. Saved. Lost. Saved. Lost. Do. Do- Saved. Lost. Lost. Saved. Lost. Saved. Lost, Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Saved. Lost. (B) CHARACTER AND AMOUNT OF CLAIMS. Character. Number. Amount. Loss of life , Personal injuries Cargo losses Loss of personal effects Total 514,215,117 967,812 34,064 277,215 15,494,208 LUSITANIA CLAIMS. 5 (c) AND (d) steps taken TO ADJUST CLAIMS — CORRESPONDENCE. The benefits of various provisions relating to the adjustment of claims against Germany as contained in the treaty of Versailles and the joint resolution of Congress of July 2, 1921, are made available to the United States in the treaty to restore friendly relations existing between the two nations prior to the outbreak of the war, signed at Berlin on August 21, 1921, by the representatives of the Governments of the United States and Germany. The adjustment of claims growing out of the sinking of the Lusitania is at present the subject of diplomatic negotiations between the Government of the United States and the Government of Germany. JThe sinking of the steamship Lusitania was the subject of an exchange of several communications between the Government of the United States and the Government of Germany, and copies of cori'e- spondence regarding the matter are inclosed herewith. It seems unnecessary to comment on this correspondence, which has largely been made publicj In conclusion, reference is made to the report submitted by the President to the Senate on March 3, 1921, in response to Senate resolution of December 30, 1920, reqyj^ting information regarding claims against the German Government filed with the Department of State. This report has been published as Senate Document No. 419, Sixty-sixth Congress, third session. Respectfully submitted. Charles E. Hughes. Department of State, Washingtni). March 31. 1922. ExinBiT No. I. German Foreign Office (throiigJi German Amiassador at Washington) to the Departmeni of State. [Telegram.] Berlin, May 10, 1915. The German Government wishes to express its deepest sympathy at the loss of American lives on board the steamship Lii.'^itariia. The responsibility rests, however, entirely with the British Government, which, through its plan of starving the civilian population of Germany, has forced Germany to resort to retaliatory measures, and by even more stringent blockade measures disregarded German offer to stop the submarine war in case starvation plan was given up. British merchant vessels being generally armed with guns, and having repeatetUy tried to ram German submarines so that a previous search was impossible, they can not be treated as ordinary merchant ves- sels. A recent declaration made to thi? British Parliament by the Sarliamentary secretary in answer to a question by Lord Charles eresford stated that at the present policy practically all British merchant vessels were armed and provided with hand grenades. Besides it has been openly admitted by the English press that the Lusitania was armed. 6 lus;taxia ci,aims. The German Government knows that the Lusitania on previous voyages repeatedly carried large quantities of war materials. On the present voyage Lusitania carried 5,400 cases of ammunition, while the rest of the cargo also consisted cliieli.y of contraband. If England, after repeated official and unofficial German warn- ings, considered herself able to declare that that boat ran no risk and thus lightheartedly assumed responsibility for the human lives on board of a steamer which owing to its armament and cargo was liable to destruction, the German Government, in spite of its heartfelt sympath}' for the loss of American lives, can not but regret that Americans felt more inclined to trust English promises rather than to pay attention to the warnings from the German side. Exhibit No. 2. , The Sfcrelanj of Shite to the American Amhassador at Berlin. No. 1664.] Department of State, Washington, May 13, 1915. Please call on the Minister of Foreign Affairs and after reading to him this communication leave with him a copy. In view of recent acts of the German authorities in violation of American rights on the high seas which culminated in the torpedoing and sinking of the British steamship Lumtania on May 7, 191.5, by which over 100 American citizens lost their lives, it is clearly wise and desirable that the Government of the United States and the Imperial German Government should come to a clear and full imderstanding as to the grave situation which has resulted. The sinking of the British passenger steamer Falaha by a German submarine on March 28, through Mdiich Leon C. Thrasher, an American citizen, was drowned: the attack on April 28 on the American vessel Gushing by a German aeroplane; the toi-pedoing on May 1 of the American vessel GuJfli.ght by a German submarme, as a result of which two or more American citizens met their death; and, finally, the tor- pedoing and sinking of the steamship Lusitania, constitute a series of events which the Government of the United States has observed with growing concern, distress, and amazement. Recalling the humane and enlightened attitude hitherto assumed by the Imperial German Government in matters of international right, and particularly with regard to the freedom of the seas; having learned to i-ecognize the German views and the German influence in the field of international obligation as always engaged upon the side of justice and humanity; and having understood the instructions of the Imperial German Government to its naval commanders to be upon the same plane of humane action prescribed by the naval codes of other nations, the Government of the United States was loath to believe — it can not now bring itself to believe — that these acts, so absolutely contrary to the rules, the practices, and the spirit of modern warfare, could have the countenance or sanction of that great Gov- ernment. It feels it to be its duty, therefore, to addreiss the Imperial German Government concerning them with the utmost frankness and in the earnest hope that it is not mistaken in expecting action on the part of the Imperial German Government which will correct the un- LUSITAXIA CLAIMS. 7 fortunate impressions which have been created and vindicate once more tlie position of tiiat Government with regard to the sacred freedom of tlie seas. The Government of the United States has been apprised tlrat the Imperial German Government considered themselves to be obliged by the extraordinary circumstances of the present war and the measures adopted by their adversaries in seeiving to cut Germany oft' from all commerce, to adopt methods of retaliation which go tauch beyond the ordinary methods of warfare at sea, in the proclamation of a war zone from which they have warned neutral ships to keep away. This Government has already taken occasion to inform the Imperial German Government that it can not admit the adoption of such measures or such a warning of danger to operate as in any degree an abbreviation of the rights of American shipmasters or of American citizens bound on lawi'ul errands as passengers on merchant ships of belligerent nationality; and that it must hold the Imperial German Government to a strict accountability for any infringement of those rights, intentional or incidental. It does not understand the Imperial German Government to question those rights. It assumes, on the contrary, that the Imperial Government accept, as of course, the rule that the lives of noncombatants, whether they be of neutral citizenship or citizens of one of the nations at war, can not lawi^uUy or rightfully be put in jeopardy by the capture or destruction of an Unarmed merchantman, and recognize also, as all other nations do, the obligation to take the usual precaution of visit and search to ascertain whether a suspected merchantman is in fact of belligerent nationality or is in fact carrying contraband of war under a neutral flag. The Government of the United States, therefore, desires to call the attention of the Imperial German Government with the utmost earnestness to the fact that the objection to their present method of ■ attack against tlie trade of their enemies lies in the practical impos- sibility of employing submarines in the destruction of commerce without disregarding those rules of fairness, reason, justice, and humanity, which all modern opinion regards as imperative. It is practicalh' impossible for the officers of a .submarine to visit a mer- chantman at sea and examine her papers and cargo. It is practically impossible for them to make a prize of her; and, if they can not put a prize crew on board of her, they can not sink her v.'ithout leaving her crew and all on board of her to the mercy of the sea in her small boats. These facts it is understood the Imperial German Govern- ment frankly admit. We are informed that in the instances of which we have spoken time enough for even that poor measure of safety was not given, and in at least two of the cases cited not so much as a warning was received. Manifestly submarines can not be used against merchantmen, as the last few weeks have showm, w^ithout an inevitable violation of many sacred principles of justice and humanity. "^"'American citizens act within their indisputable rights in taking their ships and in traveling wherever their legitimate business calls them upon the high seas, and exercise those rigjits in what should be the well-justified confidence that their lives will not be endangered by acts done in clear violation of universally acknowledged inter- national obligations, and certainly in the confidence that their own Government will sustain them in the exercise of their rights. 8 LUSiTAXIA TLAIMS. There was recently published in tiie newspapers of the I'nitefl States, I regret to inform the Imperial German Government, a formal warning, purporting to come from the Imperial German Embassy at Washington, addressed to the people of the United States, and stating in effect that any citizen of the United States who exercised his right of free travel upon the seas would do so at his peril if his journey should take him within the zone of waters within which the Imperial German Navy was using submarines against the commerce of Great Britain and Frsince, notwithstanding the respectful but earnest protest of his Government, the Government of the I'nited >States. I do not refer to this for the purpose of calling the attention of the Imperial German Government at this time to the surprising irregu- larity of a communication from the Imperial German Embassy at Washington addi-essed to the people of the United States through the newspapers, but only for the purpose of pointing out that no warning that an unlawful and inhumane act will be committed can possibly be accepted as an excuse or palliation for that act or as an abatement of the responsibility for its commission. Long acquainted as this Government has been with the character of the Imperial German Government and with the high principles of equity by which they have in the past been actuated and guided, the Government of the United States can not believe that the com- manders of the vessels which committed these acts of lawlessness did so except under a misapprehension of the orders issued by the Imperial German naval authorities. It takes it for granted that, at least within the practical possibilities of every such case, the com- manders even of submarines were expected to do nothing that would involve the lives of noncombatants or the safety of neutral ships, even at the cost of failing of their object of capture or destruction. It confidently expects, therefore, that the Imperial German Govern- ment will disavow the acts of which the Government of the United States complains, that they will make reparation so far as reparation is possible for injuries which are without measure, and that they will take immediate steps to prevent the recurrence of anything so obviously subversive of the principles of warfare for which the Imperial German Government have in the past so wisely and so firpily contended. The Government and people of the United States look to the Impe- rial German Government for just, prompt, and enlightened action in this vital matter with the greater confidence because the United States and Germany are bound together not only by special ties of friendship but also by the explicit stipulations of the treaty of 1828 between the United States and the Kingdom of Prussia^,^ Expressions of regret and offers of reparation in case of the destruc- tion of neutral ships sunk by mistake, while they may satisfy inter- national obligations, if no loss of life results, can not justify or excuse a practice, the natural and necessary effect of which is to subject neutral nations and neutral persons to new and immeasurable risks. The Imperial German Government will not expect the Government of the United vStates to omit any word or any act necessary to the performance of its sacred duty of maintaining the rights of the United States and its citizens and of safeguarding their free exercise and enjoyment. Bryan. LUSITAXIA CLAIMS. 9 ExmBiT No. 3. The German Minintcr for Foreign Affairs to (he American Ambassador at Berlin. [Telograra.] Xu. 2326.] Berlin, May 2S, 1915. The undersigiit'il lias the honor to make the following reply to the note of His Excelleney, Mr. James W. Gerartl, ambassador of the United States of America, dated the 15th instant, on the subject of the impairment of many American interests by the Gei-man sub- marine 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 Cushiug 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 montiis by mistake, it is a question of isolated and ex- ceptional cases which are traceable to the misuse of flags by the British Government in connection with carelessness or sut^picious 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 submarine 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 CusJiing and Gulflujlit according to the' same principles. An investigation of these cases is in progress. Its results will be communicated to the embassy shortly. The investigation might, if thought desirable, be supplemented by an international comijiission of inc|uiry, pursuant to Title III of The Hague Convention of October 18, 1907, for the pacific settlement of international disputes. In the case of the sinking of the English steamer Falaha, the com- mander of the Gennan submarine had the intention of allowing pas- sengers and crew ample opportunity to save themselves. It was not until the captain disregarded the order to lay to and took to flight, senchng up rocket signals for help, that the German commander orilered the crew and passengers by signals and mega- phone to leave the ship within 10 minutes. As a matter of fact he allowed them 23 minutes and did not fire the torpedo until suspicious steamers were hurrying to the aid of the Falaha. With regard to the loss of life when the British passenger steamer Lusitania was sunk, the German Government has already expressed 10 LUSITAXIA CLAIMS. 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 Litsitariia may liave escaped the attention of the Government of the United vStates. 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 Lns'dania was one of the largest and fastest English commerce steamers, constructed with Government funds as au.xiliary cruisers, and is expressly included in the navy list puldished by British Admiralty. | It is moreover Icnown to tlie Imperial Gov- ernment 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 witli guns, ammunition, and other weapons, and reinforced with a crew specially practiced in manning guns. According to reports at hand here, the Lusitania when slie left New York undoubtedly had guns on board which were mounted under decks and masked, f 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 rcM'ards have been offered by the British Government as a special incentive for the destruction of tlie 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 terri- tory" in the zone of maritime war designated by the Admiralty Staff of the Imperial German Navy. The German commanders are conse- quently no longer in a position to observe the rules of capture other- wise usual and with which they invariably complied before this. Lastly, the Imperial Government must specially point out that on her last trip the Liisitavia, 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 f(uite 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 pas- sengers on ships which have explosives on board. The company LUSITAXIA CLAIMS. 11 thereby wantonlj^ caused the death of so many passengers. Accord- ino; 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 t)f the Lusltania was primarilj^ due to the explosion of the cargo of ammunition caused by the torpedo. Other- wise, in all human probabihty, the passengers of the Lusltania 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 Lnsitan'm 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 Govei-nment in Bcrlm and London with a view to paving the way for a modus vivendi for the conduct of maritime war between Germanj- 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 Americaii Government and avails himself of the opportunity to renew, etc. Von Jagow. Exhibit No. 4. TTie Secffiarij of Staie ad interim, to the American. Ambassador at Bei-lin. No. 1803.] Department of State, Washington, June 9, 1915. American Ambassador, Berlin: You are instructed to deliver textuall3- the following note to the Minister of Foreign Affairs: In compliance with your excellency's reciuest I did not fail to transmit to my Government immediately upon their receipt your note of May 28 in reply to my note of May 15, and your supple- mentary note of June 1, setting forth the conclusions so far as reached by the Imperial German Government concerning the attacks on the American steamers Cushing and Guljlight. I am now instructed by my Government to communicate the following in reply: The Government of the United States notes with gratification the full recognition by the Imperial German Government, in discussing the cases of the Cushing and the Guljiight. of the principle of the freedom of all parts of the open sea to neutral ships and the frank willingness of the Imperial German Government to acknowledge and meet its liability where the fact of attack upon neutral ships " wliich have not been guilty of any hostile act" by German aircraft or vessels of war is satisfactorily established; and the Government of the United States will in due course lay before the Imperial German Government, as it rec^uests, full information concerning the attack on the steamer Cushino- 12 LXJSITANIA CLAIMS. With regard to the sinking of the steamer Falaha, hy which an American citizen lost his life, the Government of the United States is surprised to find the Imperial German Government contending that an efi'ort on the part of a merchantman to escape capture and secure assistance alters the ohligation of the officer seeking to make the capture in respect of the safety of the lives of those on board the merchantman, although the vessel had ceased her attempt to escape when torpedoed. These are not new circumstances. They have been in the minds of statesmen and of international jurists throughout the development of naval warfare, and the Government of the United States does not understand that they have ever been held to alter the principles of humanity upon which it has insisted. Nothing but actual forcible resistance or continued efi'orts to escape by flight when ordered to stop for the purpose of visit on the part of the merchantman has ever been held to forfeit the lives of her passengers or crew. The Government of the United States, however, does not understand that the Imperial German Government is seeking in this case to relieve itself of liability, but only intends to set forth the circumstances which led the commander of the submarine to allow himself to be hurried into the course which he took. Your excellency's note, in discussing the loss of American lives resulting from the sinking of the steamship Lusitania, adverts at some length to certain information which the Imperial German Gov- ernment has received with regard to the character and outfit of that vessel, and your excellency expresses the fear that this information may not have been brought to the attention of the Government of the United States.'' It is stated in the note that the L^isitania was un- doubtedly equipped with masked guns, supplied with trained gunners and special ammunition, transporting troops from Canada, carrying a cargo not permitted under tlie laws of the United States to a vessel also carrying passengers, and serving, in virtual effect, as an auxiliary to the naval forces of Great Britain. "Fortunately these are matters concerning which the Government of the United States is in a position to give the Imperial German Government official information. Of the facts alleged in your excellency's note, if true, the Government of the United States would have been bound to take official cognizance in performing its recognized duty as a neutral power and in enforcing its national laws. / It was its duty to see to it that the Lusitania was not armed for offensive action, that she was not serving as a transport, that she did not carry a cargo prohibited by the statutes of the United States, and that, if in fact she was a naval vessel of Great Britain, she should not receive clearance as a merchantman; and it performed that duty and enforced its statutes with scrupulous vigilance tlarough its regularly constituted officials. It is able, therefore, to assure the Imperial German Government that it has been misinformed. If the Imperial German Government should deem itself to be in possession of convincing evidence that the officials of the Government of the United States did not perform these duties with thoroughness, the Government of the United States sincerely hopes that it will submit that evidence for consideration. ■^ Whatever may be the contentions of the Imperial German Govern- ment regarding the carriage of contraband of war on board the Lusi- tania or regarding the explosion of that material by the torpedo, it LUSITANIA CLAIMS. 13 neeil only be said that in the view of this Government these conten- tions are irrelevant to the question of the legality of the methods used byjihe German naval authorities in sinking the vessel. V^ut the sinking of passenger ships involves principles of humanity which tlii-ow into the background any special circumstances of detail that may be thought to affect tlie cases, principles which lift it, as the Imperial German Government will no doubt be C|uick to recognize and acknowledge, out of the class of ordinary subjects of diplomatic discussion or of international controversy.,- Wliatever be the other facts regarding the Li/si(ania, the principal fact is that a great steamer, primarily and cliiefly a conveyance for passengers, and carrying more than a thousand souls who had no part or lot in the contluct of the war, was torpedoed and sunk without so much as a challenge or a warning, and that men, women, and claildren were sent to their death in circumstances unparalleled in modern warfare^ The fact that more than 100 American citizens were among thoi '' who perished made it the duty of the Government of the United States to speak of these things and once more, with solemn em- phasis, to call the attention of the Imperial German Government to the grave responsibility which the Government of the United States conceives that it has incurred in this tragic occurrence, and to the indisputable principle upon which that responsibility rests. The Government of the United States is contending for something much greater than mere rights of property or privileges of commerce. It is contending for nothing less high and sacred than the rights of humanity, which every Government honors itself in respecting and which no Government is justified in resigning on behalf of those under its care and authority. Only her actual resistance to capture or refusal to stop when ordered to do so for the purpose of visit could have afforded the commander of the submarine any justifica- tion for so much as putting the lives of those on board the ship in jeopardy. This principle the Government of the United States understands the explicit instructions issued on August 3, 1914, by the Imperial German Admiralty to its commanders at sea to have recognized and embodied, as do the naval codes of all other nations, and upon it every traveler and seaman had a right to depend. It is upon this principle of humanity as well as upon the law founded upon this principle that the United States must stand. The Government of the United States is happy to observe that your excellency's note closes with the intimation that the Imperial German Government is willing, now as before, to accept the good offices of the United States in an attempt to come to an understand- ing with the Government of Great Britain by which the character ami conditions of the war upon the sea may be changed. The Gov- ernment of the United States would consider it a privilege thus to serve its friends and the world. It stands ready at any time to convey to either Government any intimation or suggestion the other may be willing to have it convey and cordially invites the Imperial German Government to make use of its services in this way at its convenience. The whole world is concerned in anything that may brint^ about e^en a partial accommodation of interests or in any way "mitigate the terrors of the present distressing conflict. 14 LUSITAKIA CLAIMS. In the meantime, whatever arrangement may happily be made between the parties to the war, and whatever may in the opinion of the Imperial German Government have been the provocation or the circiiiaistantial justification for the past acts of its commanders at sea, the Government of the United States confidently looks to see the justice and humanity of the Government of Germanj^ vindicated in all cases where Americans have been wi'onged or their rights as neutrals invaded. The Government of the United .States therefore very earnestly and very solemnly renews the representations of its note trans- mitted to the Imperial German Government on the 15th of May, and relies in these representations upon the principles of humanity, the universalh' recognized understandings of international law, and th^ ancient friendship of the German nation. >^he Government of the United States can not admit that the proclamation of a war zone from which neutral ships have been warned to keep away may be made to operate as in any degree an abbreviation of the rights either of American shipmasters or of American citizens bound on lawful errands as passengers on mer- chant ships of belligerent nationality] It does not understand the Imperial German Government tcPquestion those rights. It under- stands it, also, to accept as established beyond a question the principle that the lives of noncombatants can not lawfully or rightfully be put in jeopardy by the capture or destruction of an unresisting merchantman, and to recognize the obligation to take sufficient precaution to ascertain whether a suspected merchantman is in fact of belligerent nationality or is in fact carrying contraband of war under a neutral flag. The_Governnient of the Unitetl States there- fore deems it reasonable to expect that the Imperial German Gov*rn- jnent will adopt the measures necessary to put these principlesjiifo practice in respect of the safeguarding of American lives^and American ships, and asks for assurances that this will be done.y' " Robert Laxsing/ Secretary of State ad Interim. Exhibit No. 5. The German Minister for Foreign Affairs to the American Amoassador at Berlin. [Translation.] File No. 767.72/1940.] Foreign Office, Berlin, July S, 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 10th ultimo. Foreign Office No. 3814, on the subject of the impairment of American interests b\- the German submarine war: The Imperial Government has learned with satisfaction from the note how earnestly the Government of the United States is concerned in 'seeing the principles of humanity realized in the present war. Also, this appeal meets with full sympathy in Germany, and the LUSITANIA CLAIMS. 15 Imperial Government is quite willing to permit its statements and decisions in the case under consideration to be governed by the principles of humanitj^ just as it has done always. The Imperial Government welcomed it with gratitude when the American Government in its note of May 15, 1915, itself recalled that Germany had always permitted itself to be governed by the principles of progress and humanity in dealing with the law of mari- time war. Since the time when Frederick the Great negotiated with John Adams, Benjamin Franklin, and Thomas Jefferson the treaty of friendship and commerce of September 10, 17.85, between Prussia and the Republic of the West, German and American statesmen have in fact always stood together in the struggle for the freedom of the seas and for the pi'otection of peaceable trade. In the inter- national proceedings which have since been conducted for the regu- lation of the right of maritime war Germany and America have jointly advocated progressive prmciples, especially the abolishment of the right of capture at sea and the protection of the mterests of neutrals. Even at the beginning of the present war the German Government immediately declaretl its willingness, in response to the proposal of the American Government, to ratify the Declaration of London and thereby to subject itself, in the use of its naval forces, to all the restrictions provided therein in favor of neutrals. Ger- many has likewise been always tenacious of the principle that war should be conducted against the armed and organized forces of the enemy country, but that the civilian population of the enemy must be spared as far as possible from the measures of war. The Imperial Government cherishes the definite hope that some way will be found wiien peace is concluded, or perhaps earlier, to regulate the law of mai'itime war in a manner guaranteeing, the freedom of the seas, and will welcome it with gratitude and satisfaction if it can work hand in hand with the American Government on that occasion. If in the present war the principles which should be the ideal of the future have been ti'aversed more and more the longer its dura- tion, the German Government has no guilt therein. It is known to the American Government how Germany's adver- saries, by completely paralyzing peaceable traffic between Germany and the neutral countries, have aimed from the very beginning, and with increasing lack of consideration, at the destruction not so much of the armed forces as the life of the German nation, repudiating in so doing all the rules of international law and disregarding all the rights of neutrals. On November 3, 1914, England declared the North Sea to be a war area, and by planting poorly anchored mines and the stoppage and capture of vessels made passage extremely dan- gerous and difficult for neutral shipping, so that it is actually blockad- ing neutral coasts and ports contrary to all international law. Long before the beginning of the submarine war England practically com- pletelv intercepted legitimate neutral navigation to Germany also. Thus Germany was driven to submarine war on trade. On November 16,1914, the English Prime Minister declared in the House of Commons that it was one of England's principal tasks to prevent food for the German population from reaching Germany by way of neutral ports. Since March 1 of this year England has been talking from neutral sliips, without further formality, all merchandise proceeding to Ger- 16 LUS.TANTA CLAIMS. many as well as all merchandise coming from German}^ even when neutral property. Just as was the case with the Boers, the German people is now to be given the choice of perishing from starvation, with its women and children, or of relinrjuishing its independence. While our enemies thus loudly and openly have proclaimed war without mercy until our utter destruction, we are conducting war in self-defense for our national existence and for the sake of peace of assured premanency. We have been obliged to adopt submarine warfare to meet the deciaretl intentions of our enemies and the method of warfare adopted by them in contravention of international law. With all its efforts in principle to protect neutral life and property from damage as much as possible, the German Government recog- nized unreservedly in its memorandum of February 4 that the inter- ests of neutrals might suffer from submarine warfare. However, the American Government will also understand antl appreciate that in the fight for existence which has been forced upon Germany by its adversaries and announced by tliem it is the sacred duty of the Imperial Government to do all within its power to protect and to save the lives of German subjects. If the Imperial Government were derelict in these, its duties, it would be guilty before God and history of the violation of those principles of the highest humanity which are the foundation of every national existence. The case of the Lu.sltauia shows with horrible clearness to what jeopardizing of human lives the manner of conducting war employed by our adversaries leads. In most direct contradiction of inter- national law, all distinctions between merchantmen and war vessels have been obliterated by the order to British merchantmen to arm themselves and to ram submarines and the promise of rewards- therefor; and neutrals who use merchantmen as travelers have thereby been exposed in an increasing degree to all the dangers of war. If the commander of the German submarine which destroyed the Lusiiania had caused the crew and travelers to put out in boats before firing the torpedo this would have meant the sure destruction of his own vessel. After the experiences in the sinking of much smaller and less seaworthy vessels, it was to be expected that a mighty ship like the Lusitania would remain above water lon^ enough even after the torpedoing to permit the passengers to enter the ship's boats. Circumstances of a very peculiar kind, especially the pres- ence on board of large quantities of highly explosive materials, defeated this expectation. In addition, it may be pointed out that if the Lusitanianad been spared, thousands of cases of ammunition would have been sent to Germany's enemies and thereby thousands, of German mothers and children robbed of their supporters. In the spirit of friendship with which the German nation has been imbued toward the Union and its inhabitants since the earliest days of its existence, the Imperial Government will always be ready to do all it can, during the present war also, to prevent the jeopardizing of the lives of American citizens. The Imperial Government there 'ore repeats the assuiances that American ships will not be hindered in the prosecution of legitimate shipping, and the lives of American citizens on neutral vessels shall not be placed in jeopardy. LUSITANIA CLAIMS. 17 In order to exclude any unforeseen dangers to American passenger steamers, made possible in view of the conduct of maritime war on the part of Germany's advisers, the German submarines will be instructed to permit the free and safe passage of such passenger steamers when made recognizable by special markings and notified a reasonable time in advance. The Imperial Government, however, confidently hopes that the American Government will assume the guaranty that these vessels have no contraband on board. The details of the arrangements for the unhampered passage of these vessels would have to be agreed upon by the naval authorities of both sides. In order to furnish adequate facilities for travel across the Atlantic Ocean for American citizens, the German Government submits for consideration a proposal to increase the number of available steamers by installing in the passenger service a reasonable number of neutral steamers, the exact number to be agreed upon, under the American flag under the same conditions as the Amei'ican steamers above mentioned. The Imperial Government believes that it can assume that in this manner adequate facilities for travel across the Atlantic Ocean can be afforded American citizens. There would therefore appear to be no compelling necessity for American citizens to travel to Europe in time of war on ships carrying an enemy flag. In particul;ir the Imperial Government is unable to admit that American citizens can protect an enemy ship through the mere fact of their presence on i3oard. Germany merely followed England's example when it declared part of the high seas an area of war. Consequently accidents suffered by neutrals on enemy sMps in this area of war can not well be judged differently from accidents to which neutrals ai-e at all times exposed at the seat of war on land when they betake them- selves into dangerous localities in spite of previous warning. If, however, it should not be possible for the American Government to acquire an adecjuate number of neutral passenger steamers, the Imperial Government is prepared to interpose no objections to the placing under the iianerican flag by the American Government of lour enemy passenger steamers for the passenger traffic between America and England. The assurances of "free and safe" passage for American passenger steamers would then be extended to apply under the identical pre-conditions to these formerly hostile pasfeenger ships. The President of the United States has declared his readiness, in a way deserving of thanks, to communicate and suggest proposals to the Government of Great Britain with particular reference to the alteration of maritime war. The Imperial Govermnent will always be glad to make use of the good offices of the President, and hopes that liis efforts in the present case, as well as in the direction of the lofty ideal of the freedom of the seas, wnll lead to an understanding. The undersigned recjuests the ambassador to bring the above to the knowledge of the American Government, and avails himself of the opportunity to renew to his excellency the assurances of his most distinguished consideration. Von Jagow. S. Doc. 17G,67-2 2 J 8 lus:tania claims. Exhibit No. 6. Extract of telegram from the Secretary of State to the American Ambas- sador at Berlin. Washington, Jvly I4, 1915. The German reply has been received as a general disappointment by the press of this country. It was hoped at least that principle for which Government of the United States stood would be acknowl- edged by German Government and the failure in this respect has made adjustment by compromise practically impossible. Lansing. Exhibit No. 7. Extract of telegram from the Secretary of State to the American Ambas- sador at Berlin. Washington, July 19, 1915. It is entirely a matter of principle which does not admit of com- promise since that would affect the freedom of American citizens to traverse the high seas to which they are entitled as a matter of right. In your conversations with Foreign Office avoid giving hope that your Government might consider any form of compromise. Lansing. Exhibit No. 8. Extract of telegram from the Secretary of State to the American Ambas- sador at Berlin. Washington, July 19, 1915. Make it clear that the Lusitania case is incidental to issue of principle as to safeguarding neutrals on the high seas; that admission of liability as to Americans on Lusitania will not be sufficient unless avoidance of future acts is substantially assured. Lansing. Exhibit No. 9. The Secretary of State to Ambassador Gerard. ITolegram.I No. 1981.] Department of State, Washington, July 21, 1915. You are instructed to deliver textually the following note to the Minister for Foreign Affairs: The note of the Imperial German Government dated the 8th of July, 1915, has received i\\& careful consideration of the Government of the United States, and it regrets to be obliged to say that it has LIISITAXIA CLAIMS. 19 found it very unsatisfactory, because it fails to meet the real differ- ences between the two Governments and indicates no way in which the accepted principles of law and humanity may be applied in the grave matter in controversy, but proposes, on the contrary, arrange- ments of a partial suspension of those principles wdiich virtually set them aside. The Government of the United States notes with satisfaction that the Imperial German Government recognizes without reservation the validity of the principles insisted on in the several communications which this Government has addressed to the Imperial German Gov- ernment with regard to its announcement of a war zone and the use of submarines against merchantmen on the high seas — the principle that the high seas are free, that the character atid cargo of a mer- chantman must first be ascertained before she can lawfully be seized or destroyed, and that the lives of noncombatants ma.y in no case be put in jeopardy unless the vessel resists or seeks to escape after being summoned to submit to examination; for a belligerent act of retaliation is per se an act beyond the law, and the defense of an act as retaliatory is an admission that it is illegal. The Government of the United States is, however, keenly disap- pointed to find that the Imperial German Government regards itself as in large degree exempt from the obligation to observe these prin- ciples, even where neutral vessels are (.'oncerned. by what it believes the policy and practice of the Government of Great Britain to be in the present war with regard to neutral commerce. The Imperial German Government will readily understand that the Government of the United States can not discuss the policy of the Government of Great Britain with regard to neutral trade except with that Govern- ment itself, and that it must regard the conduct of other belligerent Governments as irrelevant to any discussion with the Imperial German Government of what this Government i-egards as grave and unjusti- fiable violations of the rights of American citizens by German naval commanders. Illegal and inhuman acts, however justifiable they may be thought to be against an enemy who is believed to have acted in contravention of law and humanity, are manifestly inde- fensible when they deprive neutrals of their acknowledged rights, particularly when they violate the right of life itself. If a belligerent can not retaliate against an enemy without injuring the lives of neu- trals, as well as their property, humanity, as well as justice and a due regard for the dignity of neutral powers, should ilictate that the practice is discontinued. If persisted in it would in such circum- stances constitute an unpardonable offense against the sovereignty of the neutral nation affected. The Government of the I'nited States is not unmindful of the extraordinary conditions created by this war or of the radical alterations of circumstance and method of attack produced by the use of instrumentalities of naval warfare which the nations of the world can not have had in view when the existing rules of international law were formulated, and it is ready to make every reasonable allowance for these novel and unexpected aspects of war at sea; but it can not consent to abate any essential or fundamental right of its people because of a mere alteration of circumstance. The rights of neutrals in time of war are based upon principle, not upon expediency, and the principles are immutable. It is the duty and 20 LUSITANIA CLAIMS. obligation of belligerents to find a way to adopt the new cii-cumstances to them. The events of the past two months have clearly indicated that it is possible and practicable to conduct such submarine operations as have characterized the activity of the Imperial German Navy within the so-called war zone in substantial accord with the accepted practices of regulated warfare. The whole world has looked with interest and increasing satisfaction at the demonstration of that possibility by German naval commanders. It is manifestly possible, therefore, to lift the whole practice of submarine attack above the criticism which it has aroused and remove the chief causes of offense. In view of the admission of illegality made by the Imperial Gov- ernment when it pleaded the right of retaliation in defense of its acts, and in view of the manifest possibility of conforming to the estab- lished rules of naval warfare, the Government of the United States can not believe that the Imperial Government will longer refrain from disavowing the wanton act of its naval commander in sinking the Lusitania or from offering reparation for the American lives lost, so far as reparation can be made for a needless destruction of human life by an illegal act. The Government of the United »States, while not indifferent to the friendly spirit in which it is made, can not accept the suggestion of the Imperial German Government that certain vessels be designated and agreed upon which shall be free on the seas now illegally pro- scribed. The very agreement would, by implication, subject other vessels to illegal attack and would be a curtailment and therefore an abandonment of the principles for which this Government contends and which in times of calmer counsels every nation would concede as of course. The Government of the United States and the Imperial German Government are contending for the same great object, have long stood together in urging the very principles upon which the Government of the United States now so solemnly insists. They are both contend- ing for the freedom of the seas. The Government of the United States will continue to contend for that freedom, from whatever cl^u^rter violated, without compromise and at any cost. It invites the prac- tical cooperation of the Imperial German Government at this time when cooperation may accomplish most and this great common object be most strikingly and effectively achieved. The Imperial German Government expresses the hope that this object may be in some measure accomplished even before the present war ends. It can be. The Government of the United States not only feels obliged to insist upon it, by whomsoever violated or ignored, in the protection of its own citizens, but is also deeply interested in seeing it made practicable between the belligerents themselves, and holds itself ready at any time to act as tlie common friend who may be privileged to suggest a way. In the meantime the very value which this Government sets upon the long and unbroken friendship between the people and Govern- ment of the United States and the people and Government of the German nation impels it to press very solemnly upon the Imperial German Government the necessity for a scrupulous observance of neuti-al rights in this critical matter. Friendship itself prompts it to sa}' to the Imperial Government that repetition by the commanders LtrSITANIA CLAIMS. 21 of German naval vessels of acts m contravention of those rights must be regarded by the Government of the United ^States, when they affect American citizens, as deliberately imfriendly. Lansing. Exhibit No. 10. File No. 763.72/2084.] TJte German Ambassador to the Secretary of State. German Embassy, Washington, September 1, 1915. My Dear Mr. Secretary: With reference to our conversation of this morning I beg to inform you that my instructions concerning our answer to your last Lusitania note contain the following passage: Liners will not be sunk by our submarines \vithout warning and without safety of the lives of noncombatants, pro\dded tliat the liners do not try to escape or offer resistance. Although I know that you do not wish to discuss the Lusitania question till the Arabic incident has been definitely and satisfac- torily settled, I desire to inform you of the above because this policy of my Government was decided on before the Arabic incident occurred. I have no objection to your making any use you may please of the above information. I remain, etc., J. Bernstobpf. Exhibit No. U. Extract of telegram from the Secretary of State to the American Ambassa- dor at Berlin. Washington, Sepfemher 9, 1915. Department is impatiently awaiting the receipt of the full instruc- tions which the German Government has given to submarine com- manders. Lansing. Exhibit No. 12. (Note verbal.] The German Ambassador to the Secretary of State. [Handed by the former to the latter February 4, 1916, at 4 p. m. ] The German submarine war against England's commerce at sea, as announced on February 4, 1915, is conducted in retaliation of England's inhuman war against Germany's commercial and indus- trial life. It is generally recognized as justifiable that retaliation may be employed against acts committed in contravention of the law of nations. Germany is enacting such retaliation, because it is England's endeavor to cut off all imports from Germany by prevent- ing even legal commerce of the neutrals with her and thereby sub- 22 LUSITANIA CLAIMS. jecting the German population to starvation. In answer to these acts Germany is making efforts to destroy England's commerce at sea, at least as far as it is carried on by enemy vessels. If Germany has notwithstanding limited her submarine warfare, this was done in view of her long-standing friendship with the United States and in view of the fact that the sinking of the Lusitania caused the death of citizens of the United States. Thereby the German retaliation affected neutrals, which was not the intention, as retaliation must not aim at other than enemy subjects. The Imperial German Government having subsequent to the event issued to its naval officers the new instructions which are now pre- vailing, expresses profound regret that citizens of the United States suffered by the sinking of the Lusitania and assuming liability therefor offers to make reparation for the life of the citizens of the United States who were lost by the payment of a suitable indemnity. In the note of the American Government of July 21 concerning the Lusitania incident the Government of the United States invited the practical cooperation of the Imperial Government on contending for tlie principle of the freedom of the seas and added that this great object could in some way be accomplished before the present war ends. The Imperial Government will at all times gladly cooperate with the Government of the United States for the purpose of accom- plishing this common great object. o LIBRARY OF CONGRESS (320 915 553 9