File No. 763.72111/3847
The British Ambassador (Spring Rice) to the Secretary of State
Sir: As you are doubtless aware, a German submarine recently visited a Spanish port and there received supplies. Soon after its departure several merchant vessels were sunk in those waters.
Now, persistent rumours are current that a German submarine is on its way to a United States port. In view of such a possibility, I am directed by Sir Edward Grey to submit for your consideration some of the views held by His Majesty’s Government on the issues raised by the visit of such a craft to a neutral port.
It is unlikely that a German submarine would cross to an American port except for the purpose of conducting hostile operations on this side of the Atlantic. The practice of admitting belligerent vessels of war into neutral ports and allowing them supplies arises as you are aware, out of the exigencies of life at sea and from the hospitality which it is customary to extend to vessels of friendly [Page 766] powers. But the principle does not extend to enabling such vessels to utilise neutral ports and obtain supplies for the purpose of facilitating their belligerent operations.
In 1904 when the Russian Baltic Fleet was about to sail for the Far East to attack the Japanese forces and was expected to coal in British ports, His Majesty’s Government publicly defined their attitude in the above sense and made it clear that the use of British ports by belligerent men-of-war under such circumstances could not be regarded by them as consistent with the declared neutrality of Great Britain in the war then in progress.
The enemy submarines have been endeavouring for nearly eighteen months to prey upon the Allied and neutral commerce, and throughout that period enemy governments have never claimed that their submarines were entitled to obtain supplies from neutral ports. This must have been due to the fact that they thought they would be met with a refusal and that hospitality could not be claimed as of right. The difficulty of knowing the movements or controlling the subsequent action of the submarines renders it impossible for the neutral to guard against any breaches of neutrality after the submarine has left port and justifies the neutral in drawing a distinction between surface ships and submarines. The latter, it is thought, should be treated on the same footing as seaplanes or other aircraft and should not be allowed to enter neutral ports at all This is the rule prescribed during the present war by Norway and Sweden. Another point of distinction between surface ships and submarines should be borne in mind. A surface vessel demanding the hospitality of a neutral port runs certain inevitable risks; its whereabouts become known and an enemy cruiser can await its departure from port. This and similar facts put a check on the abuse by belligerent surface ships of neutral hospitality. No such disadvantages limit the use to which the Germans might put neutral ports as bases of supplies for submarine raiders.
For these reasons, in the opinion of His Majesty’s Government, if any enemy submarine attempts to enter a neutral port, permission should be refused by the authorities. If the submarine enters it should be interned unless it has been driven into port by necessity. In the latter case it should be allowed to depart as soon as necessity is at an end. In no circumstances should it be allowed to obtain supplies.
If a submarine should enter a neutral port flying the mercantile flag His Majesty’s Government are of opinion that it is the duty of the neutral authorities concerned to enquire closely into its right to fly that flag, to inspect the vessel thoroughly and, in the event of torpedoes, torpedo tubes or guns being found on board, to refuse to recognise it as a merchant ship.
In bringing the above to your serious consideration I have the honor to express the confident hope that the United States Government will feel able to agree in the views of His Majesty’s Government and to treat submarine vessels of belligerent powers visiting United States ports accordingly.
I have [etc.]