462.11 T 41/14½
The Secretary of State to President Wilson
My Dear Mr. President: I am enclosing a memorandum by Mr. Lansing15 in regard to the Thrasher case. The matter has been reported to us by Page and Consul-General Skinner but we have not yet the details. It may be worth while to be considering the matter in advance.
It seems to me that the doctrine of contributory negligence has some bearing on this case—that is, the American who takes passage upon a British vessel knowing that this method of warfare will be employed, stands in a different position from that occupied by one who suffers without any fault of his own.
The first question raised is, What kind of a demand shall we make, if we make a demand? We can hardly insist that the presence of an American on a British ship shall operate to prevent attack unless we are prepared to condemn the methods employed as improper in warfare.
If we are to make a demand, shall we recognize the warfare as proper and ask indemnity for the loss of life? Can an American, by embarking upon a ship of the allies at such a time and under such conditions impose upon his Government an obligation to secure indemnity in case he suffers with others on the ship? I confess I have not yet been able to reach a conclusion which is entirely satisfactory to me, but I send this memorandum that you may revolve it in your mind as the question will probably arise.
With assurances [etc.]
- The letter printed supra.↩