763.72111/1072½a
The Acting Secretary of State to President Wilson
Dear Mr. President: In view of information reaching the Department in regard to the possible construction of submarines by American manufacturers for belligerent governments, I discussed the matter with Secretary Bryan on November 12th and later on the same day put my opinion in the form of a letter to him, which, I think, he called to your attention.
As my opinion did not, as Mr. Bryan informed me, coincide with the views of neutrality held by you or by him, I submitted the question to the Joint State and Navy Neutrality Board in a letter dated. November 17th,5 in order that the legal aspect of the subject might receive critical consideration. The Board has sent me its report, and, as it is in my opinion correct from the standpoint of international and municipal law, I have approved it.
I am sending you a copy of the report5 together with a copy of my letter of the 12th6 with no intention of obtaining a modification of your views as to the propriety of sales of this sort, which is essentially a matter of policy; but I think it my duty to lay before you the fact that in the opinion of the Neutrality Board, which I think [Page 115] is sound, there is no legal obstacle to such sales, and no authority conferred by law upon this Government to prevent sales or to punish American manufacturers who make them.
In order to carry out your wish, made to me over the telephone a few days ago, that submarines in sections should not be sold here, I think that it would be well for the Department to be advised as soon as possible of the action which it should take in this matter, either formally or informally, since it is possible that the manufacturers may proceed without asking the Department’s views if they have been advised by counsel that the sales are not illegal.
Very sincerely yours,