763.72/1866½

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

Dear Mr. Secretary: I enclose a paragraph embodying your oral suggestion made this evening which might find a place in the note to Germany.

I am not entirely convinced that it is expedient, but it is certainly worthy of careful consideration as it leaves the door open for further discussion and it will be Germany’s responsibility if it is closed.

Cordially yours,

[File copy not signed]
[Enclosure]

Proposed Paragraph for Insertion in Note to Germany

The Government of the U. S. nevertheless realizes that a belligerent ought not to be deprived of the use of the submarine in its efforts to interrupt commerce with the enemy provided the operations of the submarine do not jeopardize human life or result in the indiscriminate destruction of neutral property. The Govt. of the U. S. is willing, therefore, to consider any suggestion, which the German Imperial Government may see fit to make, looking toward a modification of the existing rules of international law governing naval warfare applicable to the use of submarines which will efficiently safeguard the lives of persons and neutral property on merchant vessels which are intercepted on the high seas.