Papers Relating to the Foreign Relations of the United States, 1916, Supplement, The World War

File No. 763.72111/3958

The French Embassy to the Department of State ¹

[Memorandum—Translation]²

Washington, August 21, 1916 .
[Received August 22.]

In view of the development of submarine navigation, and by reason of the acts, which in present circumstances, may unfortunately be expected from enemy submarines, the Allied Governments consider it necessary, in order not only to safeguard their belligerent rights and the liberty of commercial navigation, but to avoid risks of dispute, to urge neutral governments to take effective measures, if they have not already done so, with a view to preventing belligerent submarine vessels, whatever the purpose to which they are put, from making use of neutral waters, roadsteads, and ports.

In the case of submarine vessels, the application of the principles of the law of nations is affected by special and novel conditions; first, by the fact that these vessels can navigate and remain at sea submerged, and can thus escape all control and observation; and second, by the fact that it is impossible to identify them and to establish their national character, whether neutral or belligerent, combatant or non-combatant, and to remove the capacity for harm inherent in the nature of such vessels.

It may further be said that any place which provides a submarine warship far from its base with opportunity for rest and replenishment of its supplies thereby furnishes such an addition to its powers that the place becomes in fact, through the advantages which it gives, a base of naval operations.

In view of the state of affairs thus existing, the Allied Governments are of opinion that—

Submarine vessels should be excluded from the benefit of the rules hitherto recognized by the law of nations regarding the admission of vessels of war or merchant vessels into neutral waters, roadsteads, or ports, and their sojourn in them.

Any belligerent submarine entering a neutral port should be detained there.

The Allied Governments take this opportunity to point out to neutral powers the grave danger incurred by neutral submarines in navigating regions frequented by belligerent submarines.

1. Identic memoranda received from: British Embassy, August 23 (dated August22); Russian Embassy, August 28 (dated August 26); Japanese Embassy, August 28 (dated August 28); Italian Embassy, September 2 (dated August 21); Portuguese Legation, September 11 (dated August 30).
2. The translation here printed is that published by the British Government in Parliamentary Papers, Miscellaneous No. 33 (1916) [Cd. 8349], as being more authoritative, since issued by a participating government, than the one made in the Department, which is printed in Diplomatic Correspondence with Belligerent Governments relating to Neutral Rights and Duties (European War No. 4), p. 125.