763.72/2269b
The Secretary of State to
President Wilson
Washington,
November 11, 1915.
My Dear Mr. President: I submit for your
consideration a proposed formula in the Lusitania
case which, if it meets with your approval, I will discuss orally with
the German Ambassador.
You will observe that I have not used the word “disavow” in the formula
as I am convinced that the German Government will not be willing to use
the word in view of the great dissatisfaction expressed in regard to its
use in the settlement of the Arabic case. I
believe, however, that the last paragraph of the formula may be
interpreted as a disavowal and if we can obtain the assent of the German
Government to that paragraph it will be interpreted generally as a
formal disavowal.
I would like your views in this matter at your earliest convenience as I
wish to renew my conversations with the Ambassador as soon as
possible.
Faithfully yours,
[Enclosure]
Formula Proposed by the Secretary of State in
the “Lusitania” Case
The sinking of the British Steamship Lusitania
was in pursuance of a policy of retaliation against the enemies of
Germany.
Retaliatory measures by a belligerent against an enemy are
essentially acts in contravention of the recognized rules of
warfare.
[Page 490]
Citizens of the United States on the Lusitania
were justified in the belief that the recognized rules of warfare
would be applied in the event that the steamship was intercepted by
a German war vessel.
The sinking of the Lusitania being in
violation of the international rules of naval warfare the act was
illegal and so far as the lives of citizens of the United States are
concerned imposed upon the German Government liability therefor.
The German Government, having in its instructions to its naval
officers issued subsequent to the event shown its recognition that
the sinking of the Lusitania was contrary to
the rules of naval warfare and to the principles of humanity,
expresses profound regret that citizens of the United States
suffered by reason of the act of its naval authorities in sinking
the Lusitania, declares it to have been in
contravention of international law, and offers to make reparation
for the lives of citizens of the United States which were lost, by
the payment of a suitable indemnity.
