341.1153/11

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

Dear Mr. Secretary: The memorandum62 of vessels detained in British ports prepared by Mr. Johnson,63 which you handed to me [Page 405] this afternoon, covers only “cotton ships.” There are a number of other vessels detained which carry different cargoes.

I do not think that it would do to confine a representation to Great Britain to vessels only laden with cotton. It would cause undoubtedly much criticism from owners of other vessels and cargoes. The data is being collected as rapidly as possible, but I do not see how a representation could be prepared before Monday, which would be at all complete.

In regard to your suggestion that the President give public notice advising, asking or directing Americans not to take passage on belligerent steamships while the controversy as to submarine warfare is pending, that could of course be prepared at once.

In compliance with your request that I draft a notice such as is suggested I submit the following:

“The President in view of the present diplomatic situation requests that American citizens, intending to proceed abroad and to traverse waters adjacent to the coasts of Great Britain and France, will refrain from taking passage on vessels of belligerent nationality pending the exchange of views between this Government and the Government of Germany regarding the use of submarines in interrupting vessels of commerce in those waters.”

I think that this is the sort of notice, which you had in mind. I doubt if more than a request could be made, as I believe there is no law, by which Americans could be restrained from going on belligerent vessels if they saw fit or by which such vessels could be prevented from receiving American passengers. Furthermore a request like this would be, in my opinion, almost, if not quite, as effective as an order, and presents no legal difficulties.

Do you not think that, if this notice is given, it will be said “Why did the Government not give this notice before? Why did it wait after the sinking of the Falaba, Cushing and Gulflight64 until a hundred Americans lost their lives on the Lusitania?[”] Even admitting that the effect on the German Government might be beneficial in influencing their reply, I think that the criticism in this country must be considered. It is a matter of policy which must be viewed from every standpoint.

Faithfully yours,

Robert Lansing
  1. Not found in Department files.
  2. Cone Johnson, Solicitor for the Department of State.
  3. Actually the Cushing and Gulflight were not sunk.