763.72111/1930

The Counselor for the Department of State (Lansing) to the Secretary of State

Dear Mr. Secretary: I enclose herewith a copy of the draft reply to the note of the German Ambassador of April 4, 1915, prepared by the President.20

The principal change is in the re-arrangement of the sentences in the second, third and fourth paragraphs of the draft. None of them has been omitted, but it seemed to me that the harmony of ideas would be more complete by a change of order, such as suggested. The revised draft of the paragraphs is appended to the reply and is marked X in blue penci1.20

On page 4 I wish to call your attention to the change made in regard to the acknowledged rights of belligerents referred to. We have thus far carefully avoided any discussion of the articles included in the lists of contraband, and therefore it would not seem advisable to me for us to say “within well defined limits.” In place of that portion of the sentence, I have inserted my idea as to what should be said.21

On pages 4 and 5, it seemed to me well to limit our consideration of belligerent action to neutral rights and interests. Also on page 5, I suggest the omission of the words “for it had no right in the matter,”22 because I am not sure we did not have a right, since it affected our trade. It is possible that the inclusion of the phrase might open the Government to a further charge of weakness in failure to insist on its just rights.

On page 8, I offer the suggestion that the word “conscience” be changed to “conscious right.”23 It seems to me that we should convey the idea of righteousness, including in the thought justice.

A minor correction which I have made is to give precedence to the United States over Germany when the two are connected by a [Page 121] conjunction. This is according to the practice of the Department, and is customary with other governments, who give precedence to their own countries.

You will perceive that I have been very free in my suggestions, as I assume that is your wish and also the President’s.

Faithfully yours,

Robert Lansing
  1. Not printed.
  2. Not printed.
  3. The President’s draft read, “It [the American Government] has acknowledged, of course, the right of visit and search and the right, within certain well defined limits, to declare certain goods contraband of war.” In place of “within, etc.” Mr. Lansing suggested the words “to apply the rules of contraband of war to articles of commerce.”
  4. In the President’s draft these words appeared following the words “not of right” in the final text. See Foreign Relations, 1915, supp., p. 161, last paragraph.
  5. Ibid., p. 162, last sentence of the note.