462.11 T 41/13a
The Secretary of State to President Wilson
My Dear Mr. President: I am sending you flimsy of a report from our Consul General at London on the Falaba case.22 While it seems almost certain that Thrasher was among the lost it is not known as a fact but as a conclusion drawn from the fact that he is not reported among those saved.
I am sending the following inquiry:
“Answering your April seven, report on Falaba please make following additional inquiries:
“First: Number of passengers on Falaba and number rescued.
“Second: Whether there was any communication by signals or otherwise between commanders of Falaba and submarine before or after firing torpedo.
“Third: Please report any other facts brought out at inquiry as to time when submarine flew British flag. [”]
Mr. Lansing and I will see what authorities we can find on the proposition which you submit.
Allow me to submit this proposition for your consideration:
An American citizen, after being warned of the dangers involved, takes passage on a British ship and loses his life with other passengers as a result of an attack by a submarine—the attacking Government not knowing any intention therefore of doing harm to an American citizen, and having notified this Government of its intended action against British ships:—
Query: What claim can this Government rightfully make for unintended loss which ordinary diligence would have avoided?
The above question, it seems to me, presents the problem with which we have to deal, unless we take the position that the method of attack is so contrary to international law that a neutral is justified in ignoring the warning and relying upon his government to vindicate his right to travel on the belligerent ship, notwithstanding the risks involved.
[Page 377]In view of the importance of the subject I am inclined to think it would be well to bring the matter up at the Cabinet meeting so that we can get the opinions from as many angles as possible.
With assurances [etc.]