File No. 763.72/1924
The Ambassador in Germany (Gerard) to the Secretary of State
[Received 8.30 p. m.]
2548. Have seen another draft of note. Paragraphs 1 and 3 same as already cabled in my 2543, July 3. Paragraph 2 same except that the German Government will simply express a hope that American Government will see that these American ships thus exempted from visitation and search do not carry munitions of war and will not demand guarantee. Paragraph 4 states that Germany only followed example of England in declaring part of sea war territory; that civilians are not guaranteed from harm in land war territory; that Germany cannot suffer that all England’s shipment of ammunition shall be protected by mere presence of Americans on English ships; and that Germany is ready to concede that certain belligerent passenger ships, say one each week across the Atlantic, shall not be fired on without notice nor the ships sunk until passengers and crew are placed in safety. But America shall obtain guarantees that these belligerent ships do not carry contraband of war, are not armed, and will not ram submarines. They, of course, are subject to visitation and search according to ordinary rules. Why does this not afford a reasonable solution of the difficulty? Please note as to paragraph 2 that of course American ships can still carry contraband but must then be subject to the usual rules as to visit, search, etc., and of course American ships will not be fired on without notice. This paragraph refers only to such American ships as may desire to be safeguarded from any stoppage, visit or search. The only change made in present alleged international law is that English can not hire Americans to travel on English ships carrying arms and so complicate American–German relations if these ships are sunk without notice. The safety of American passengers desiring to cross the ocean even on English ships is provided for. Anyway, when Americans have reasonable opportunity to cross the ocean why should we enter a great war because some American wants to cross on a ship where he can have a private bathroom or because Americans may be hired to protect by their presence cargoes of ammunition? On land no American sitting on an ammunition wagon could prevent its being fired on on its way to the front and England made land rules applicable to the sea when she set the example of declaring part of the open sea war territory; nor can English passenger ships sailing with orders to ram submarines and often armed be put quite in the category of altogether peaceful merchantmen.
I may of course be wrong but I am convinced that Germany will go little, if any, farther in concessions. I am sending you above sketch of note with the knowledge of friends in the Foreign Office and the note will not be delivered until I hear from you. I hope you will cable that this plan is acceptable. At any rate if you cable me that you prefer not to express an opinion I shall know that that means that at least the propositions are viewed from a not hostile standpoint. The note at the end accepts the friendly intervention [Page 462] of the United States and hopes that the propositions embodied in it as well as others concerning the freedom of the seas will be taken up with England. Please cable immediately. If you think well of proposition I respectfully suggest that you authorize me to say that if note is accepted as a solution that it is on verbal understanding that German Government shut up its propaganda about export of arms or at least stop egging on this campaign of hate against America. On all propositions made I of course stated that I had no idea whether the proposition would be acceptable to America or not.