763.72/2754a
The Secretary of State to President Wilson
My Dear Mr. President: In the submarine controversy we will unavoidably be forced to meet a situation which will arise, if it has not already arisen, and to determine on a course of action.
The problem is this: A German submarine torpedoes, without conforming in any way to the rules of international law, a merchant vessel of the enemy, which has no Americans on board. No American life is directly endangered by this lawless act, but how did the German submarine commander know that? Is it to be supposed that he considered the matter at all? Did he not simply take a chance?
Now, if the attack is made without definite knowledge as to the nationality of the persons on board, then the action of the submarine commander as a part of a general policy, becomes a serious menace to Americans traveling on merchant ships within the sphere of submarine activity. Though in the particular case cited our rights are not directly affected, they are affected indirectly by making their exercise hazardous.
In our “Sussex note” we took a position based on humanity and insisted on respect for neutral rights in general. The rights of all non-combatants are impaired by the conduct referred to. Are we or are we not to consider a sudden attack by a submarine a violation of the assumed pledge of the German Government to comply with the rules of naval warfare even though no American life is immediately endangered?
My own impression is that we will have great difficulty in explaining our position, if we do not resent every lawless attack on a merchant ship whether Americans are or are not among the passengers or crews. On the other hand, I realize that public opinion in this country would not support drastic action unless Americans were killed or imperiled by the submarine warfare. It is to me a very difficult problem to solve, and I would be gratified if you would advise the policy to be followed.
Faithfully yours,