763.72112/976½

President Wilson to the Secretary of State

My Dear Mr. Secretary: I am sending you herewith an outline sketch of the substance of a reply to the British note51 which accompanied the recent Order in Council.

It is intended as a suggestion, and as the basis upon which we may be shaping our thoughts in this important matter. You will see that [Page 278] what I have done is little more than to reduce to writing what I roughly indicated in Cabinet to-day.

Faithfully yours,

Woodrow Wilson
[Enclosure]

Outline Sketch by President Wilson of a Note to Great Britain

Note in Reply to Ours Received, Notifying Us of the Establishment of a Blockade of the Coasts of Germany Which It Is Intended To Make in All Respects Effective

The cordon of blockading ships which it is intended to maintain is, however, of such an extent, the blockade as indicated in the plan announced covers so great an area of the high seas, that it seems that neutral vessels must pass through it in order to approach many important neutral ports which it is not Great Britain’s privilege to blockade, and which she of course does not mean to blockade.

The Government of the United States takes it for granted, in view of the anxiety expressed by His Majesty’s Government to interfere as little as possible with neutral commerce, that the approach of American merchantmen to neutral ports situated upon the long line of coast affected will not be interfered with when it is known that they do not carry goods which are contraband of war or goods consigned to a destination within the belligerent territory affected. The Government of the United States assumes this with the more confidence because it is manifest that His Majesty’s Government has undertaken a very unusual method of blockade which it will be difficult to confine within the limits required by the law of nations; and it is natural to infer that the commanders of His Majesty’s vessels of war engaged in the blockade will be instructed to be very careful that the blockade is not made to involve consequences to the trade of neutrals greater and more burdensome than those which have hitherto been regarded as inevitable when the ports of one belligerent are blockaded by the ships of another.

The Government of the United States of course appreciates the existence of the unusual conditions of modern warfare at sea upon which it understands His Majesty’s Government to rely to justify methods of blockade and practices of search and detention which His Majesty’s Government, like the Government of the United States, has so often and so explicitly held to be inconsistent with the best usages of warfare in the dealings of belligerents with neutrals at sea; but it does not understand His Majesty’s Government to claim exemption from the hitherto accepted principles and obligations in these matters [Page 279] because of those unusual conditions; and it should regard itself as failing in its duty, because failing to maintain the principles for which it has always contended, were it not very earnestly to call the attention of His Majesty’s Government to the grave responsibilities it is incurring in its efforts to meet a novel situation.

The Government of the United States notes with gratification the assurances conveyed in the note of His Majesty’s Secretary of State for Foreign Affairs that special care will be taken to invade neutral rights no further than the necessities of the blockade make unavoidable; but the possibilities of serious interference are so many, the methods and circumstances of the blockade are so unusual and are likely to constitute so great an impediment and embarrassment to neutral commerce, that the Government of the United States feels that it is only candid and in the interest of avoiding future misunderstandings to say that it apprehends many interferences which may involve His Majesty’s Government in heavy responsibilities for acts of His Majesty’s naval officers which may make the methods of blockade which are now being adopted clearly obnoxious to the well recognized rights of neutral nations on the high seas. It therefore assumes that His Majesty’s Government has considered these possibilities, will take every practicable step to avoid them, and stands ready to make reparation wherever it may be shown to have been in the wrong.

The Government of the United States, in brief, does not understand His Majesty’s Government as claiming the right to set aside any accepted principle of international law, or to plan to act in contravention of any such principle; and therefore understands His Majesty’s Government to assume full responsibility in case its present course of action should unexpectedly draw its representatives into acts for which it would be responsible in law and in comity.

  1. See telegram No. 1798 from the Ambassador in Great Britain, Foreign Relations, 1915, supp., p. 143.