NEUTRALS IN THE WAR ZONE.
[German Foreign Office Note.]
[Special to The New York Times.]
WASHINGTON, May 11.—Secretary Bryan received from Ambassador Gerard at Berlin today the text of an official declaration by the German Government of its policy with respect to American and other neutral ships meeting German submarines in the naval war zone around the British Isles and in the North Sea. This declaration was handed to Mr. Gerard by the German Foreign Office which explained that it was being issued as a "circular statement" in regard to "mistaken attacks by German submarines on commerce vessels of neutral nations."
First—The Imperial German Government has naturally no intention of causing to be attacked by submarines or aircraft such neutral ships of commerce in the zone of naval warfare, more definitely described in the notice of the German Admiralty staff of Feb. 4 last, as have been guilty of no hostile act. On the contrary, the most definite instructions have repeatedly been issued to German war vessels to avoid attacks on such ships under all circumstances. Even when such ships have contraband of war on board they are dealt with by submarines solely according to the rules of international law applying to prize warfare.
Second—Should a neutral ship nevertheless come to harm through German submarines or aircraft on account of an unfortunate (X) [mistake?] in the above-mentioned zone of naval warfare, the German Government will unreservedly recognize its responsibility therefor. In such a case it will express its regrets and afford damages without first instituting a prize court action.
Third—It is the custom of the German Government as soon as the sinking of a neutral ship in the above-mentioned zone of naval warfare is ascribed to German war vessels to institute an immediate investigation into the cause. If grounds appear thereby to be given for association of such a hypothesis the German Navy places itself in communication with the interested neutral Government so that the latter may also institute an investigation. If the German Government is thereby convinced that the ship has been destroyed by Germany's war vessels, it will not delay in carrying out the provisions of Paragraph 2 above. In case the German Government, contrary to the viewpoint of the neutral Government is not convinced by the result of the investigation, the German Government has already on several occasions declared itself ready to allow the question to be decided by an international investigation commission, according to Chapter 3 of The Hague Convention of Oct. 18, 1907, for the peaceful solution of international disputes.
This circular is understood to have been rather reassuring to high officials of the United States Government, although it does not cover the attitude of the German Government toward the treatment to be accorded to Americans and other neutral noncombatants, men, women, and children, on board vessels flying the flag of England, France, or Russia. The absence of any allusion to the principle involved in the Lusitania case is believed here to mean that the statement was prepared and was ready for promulgation before the destruction of the Lusitania on Friday. Several days usually have been required for messages to come to Washington from Ambassador Gerard, by roundabout cable relay route, and it is believed that this dispatch is no exception in this respect.
DR. DERNBURG'S DEFENSE.
The sinking of the Lusitania as a man-of-war was justified by Dr. Bernhard Dernburg, late German Colonial Secretary and recognized as quasi-official spokesman of the German Imperial Government in the United States, in a statement issued in Cleveland, Ohio, on May 8, 1915. The statement reads: