Office of the Historian

763.72/2392½

The Secretary of State to President Wilson

Washington, February 16, 1916.

My Dear Mr. President: The German Ambassador called on me this noon and left a letter embodying his Government’s reply to our [Page 532] official note of July 21st, 1915, a copy of which I herewith enclose.15

I told the Ambassador that I would take the matter under consideration, and would give him no opinion on the subject at the present time.

You will perceive that substantially all our suggestions have been accepted, except the change of the last phrase in paragraph 2 which reads—“as retaliation should be confined to enemy subjects”. Our suggestion, you will recall, was—“as retaliation must not prevent the exercise of rights of other than enemy subjects.” I am not at all sure whether the difference of phraseology is a substantial one.

In view of the recent manifesto from Berlin in regard to armed merchant vessels16 I do not see how we can now accept this answer as a settlement of the Lusitania case. The German Government was fully advised as to our attitude in regard to the legal right to arm merchant vessels. It was, at the time it gave its three several assurances, with full knowledge of the British Admiralty orders to their merchant vessels, yet they gave those assurances without qualification and they became an essential basis for a settlement of the difficulty. The recent declaration, in which it is stated that armed merchant vessels will be treated as auxiliary cruisers is, therefore, contradictory of their former position and would appear to nullify the assurances which they have given.

I believe it would be well for me to see the German Ambassador again, or else write him a note saying that in view of the recent change of policy by his Government the part of the settlement relating to the future conduct of submarine warfare has been materially changed and will require further consideration by this Government before it can accept as satisfactory the enclosed reply.

Faithfully yours,

Robert Lansing
  1. Foreign Relations, 1916, supp., p. 171; the original is now filed under file No. 763.72/2392½. For the American note of July 21, 1915, see ibid., 1915, supp., p. 480.↩
  2. Ibid., 1916, supp., p. 163.↩