File No. 300.115P44/29

The Ambassador in Austria-Hungary (Penfield) to the Secretary of State

No. 1788

Sir: Adverting to the Department’s telegraphic instruction No. 12631 of the 21st ultimo, and to my telegram No. 13422 of the 18th instant conveying further statements of the Austro-Hungarian Government in regard to the attack of one of its submarines on the S. S. Petrolite, I have the honor to transmit herewith a copy and translation of the note from the Imperial and Royal Minister for Foreign Affairs, dated July 17, 1916, on which my telegram No. 1342 of the 18th instant was not based.

I have [etc.]

Frederic C. Penfield
[Enclosure—Translation]

The Austro-Hungarian Minister of Foreign Affairs (Burian) to the American Ambassador (Penfield)

No. 3458

With reference to the very esteemed note No. 74242 of the 24th ultimo, the undersigned has the honor to communicate the following to his excellency the Ambassador of the United States of America.

The Imperial and Royal Government agrees with the Washington Cabinet that in the presentation of the case, as set forth in the undersigned’s note No. 807 of February 22d3 last on the basis of information from the Imperial and Royal naval authorities, and as set forth in the statements of the crew of the steamer Petrolite, contradictions occur in several essential points. It is evident, however, that it cannot in any way concede that the naval officer in question, who in making his report acted within the bounds of his sworn duty, could have presented the case otherwise than as it agreed with his observations and impressions. It is to be understood that the Imperial and Royal Government does not in any way question the good faith of the sources of information of the Washington Cabinet.

Under all circumstances, however, the Imperial and Royal Government must firmly disavow that the commander of the submarine could have acted with the intention of insulting the flag of the United States of America or violating the rights of American citizens. According to the views of the Imperial and Royal Government no cause is apparent for such an assumption, which also involves assumption that the commander placed himself in opposition to his own Government, whose friendly disposition toward the United States and its citizens is well known to the Washington Cabinet.

Further, after the receipt of the note referred to from his excellency the Ambassador of the United States, the Imperial and Royal Government is not of the opinion that the situation has now been cleared to such an extent that final decision in regard thereto could at this moment be rendered by one side or the other. The Imperial and Royal Government, on its part, in order to do everything possible towards an elucidation of the circumstances, brought the statements of the crew of the Petrolite as reported by the Washington Cabinet, at once to the knowledge of the Imperial and Royal naval authorities who have placed them before the commander of the submarine for the purpose of obtaining his thorough report. It may be stated here that presentation of the case, regarded as inaccurate by the Washington Cabinet was drafted by the Imperial and Royal naval authorities in the absence of the commander on the basis of entries in his journal and the statements of the second officer. Even [Page 283] now the commander’s testimony in this case cannot yet be taken, for the reason that he and other witnesses of the incident are at present at sea. Upon his return and examination the result of the new investigation will immediately be made known to the American Government.

On the other hand, the Imperial and Royal Government wishes to draw, the attention of the Washington Cabinet to the fact that it is not apparent from the very esteemed note whether and in what sense the crew of the Petrolite expressed itself in regard to the statement that the commander of the submarine sent the captain of the Petrolite a bottle of champagne and a box of cigars, and cigarettes to the crew of the steamer, and that the captain finally took his leave on the most friendly terms. Inasmuch as this detail is certainly very significant and the explanations thereof capable of throwing light on the whole incident, the Imperial and Royal Government would request from the Washington Cabinet information pertinent thereto and, in the affirmative case, information regarding the prompting motive.

Finally, the Imperial and Royal Government desires to assure the Washington Cabinet that should this be the case it would of course not hesitate to draw from this incident the conclusions which would result according to the requirements of international law and courtesy.

Inasmuch as the undersigned has the honor most respectfully to request the good offices of his excellency the American Ambassador to bring the foregoing to the knowledge of his Government, he avails himself of this opportunity to renew [etc.]

Burian
  1. Ante, p. 276.
  2. Not printed.
  3. Ante, p. 175.