File No. 763.72/2630

The Secretary of State to the Ambassador in Germany (Gerard)

[Telegram]

2951. Your 3799,1 April 24, 11 p. m. You will realize, and I hope you will be able to make the Foreign Office realize, that this Government looks for as prompt a declaration as possible from the Imperial Government in the sense of our last communication. If Secretary von Jagow asks you as to the methods of warfare which this Government considers to be legal, you may hand to him a memorandum reading as follows:

Memorandum on Conduct of Naval Vessels toward Merchant Ships

1.
A belligerent warship can directly attack if a merchant vessel resists or continues to flee after a summons to surrender.
2.
An attacking vessel must display its colors before exercising belligerent rights.
3.
If a merchant vessel surrenders, the attack must immediately cease and the rule as to visit and search must be applied—
(a)
by a visit to the vessel by an officer and men of the attacking ship; or
(b)
by a visit to the attacking ship by an officer of the vessel attacked, with the ship’s papers.
4.
An attacking vessel must disclose its identity and name of commander when exercising visit and search.
5.
If visit and search disclose that the vessel is of belligerent nationality, the vessel may be sunk only if it is impossible to take it into port, provided that the persons on board are put in a place of safety and loss of neutral property is indemnified.
  • Note: (a) A place of safety is not an open boat out of sight of land.
  • (b) A place of safety is not an open boat, if the wind is strong, the sea rough, or the weather thick, or if it is very cold.
  • (c) A place of safety is hot an open boat which is over-crowded or is small or unseaworthy or insufficiently manned.
6.
If, however, visit and search disclose that the vessel is of neutral nationality, it must not be sunk in any circumstances, except of gravest importance to the captor’s state, and then only in accordance with the above provisos and notes.

You may further state that this Government is unwilling and cannot consent to have the illegal conduct of Germany’s enemies toward neutrals on the high seas made a subject of discussion in connection with the abandonment of illegal methods of submarine warfare.

Delay of the declaration of such abandonment is causing this Government grave concern lest the Imperial Government attempt to introduce subjects of discussion before the declaration, a course which would be entirely unacceptable to this Government and cause a critical situation by compelling action on the part of this Government. You will, therefore, present these views to the Minister of Foreign Affairs and urge that a very early answer be given this Government in order that it may not be forced to take the action which would now be unavoidable should the Imperial Government fail to declare and effect at once the abandonment of illegal submarine warfare.

Lansing
  1. Ante, p. 242.