THE

HON. ROBERT J. LANSING

Who Was Called by the President to Take Charge of the State Department

THE

LUSITANIA CASE

President Wilson's Reply to Germany Account of the Resignation of William J. Bryan as American Secretary of State

True to the intimation in his note to President Wilson, Mr. Bryan has made public in full his reasons for resigning while American relations with Germany were strained. His statements are given herewith, together with comments in Europe and America on the causes and consequences of Mr. Bryan's act. The German reply to President Wilson's note of May 13

on the Lusitania case and the American rejoinder of June 9; the sending to Berlin of Dr. Anton Meyer-Gerhard, as arranged by Ambassador von Bernstorff in the White House on June 4, in order to explain more fully to the German Government the American policy and public feeling in this country; the Stahl perjury case, relating to the German charge that the Lusitania was armed; the question whether the American steamer Nebraskan was torpedoed on May 26 in the German submarine "war zone"; the controversy over exportations to the Allies of American munitions of war: the agitation for a stronger army and navy in the United States, and the meeting in Independence Hall, Philadelphia, on June 17, when 109 of the foremost men in the United States took steps toward forming a League of Peace among all the nations of the earth-these, as recorded below, form a new chapter in American history.

THE GERMAN MINISTER FOR FOREIGN AFFAIRS TO THE AMERICAN AMBASSADOR AT BERLIN. [TELEGRAM.]

No. 2,326.]

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.* The investigation might, if thought desirable,

*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

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.

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. Ac

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 mark

ings, 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.