763.72/3470½
The Secretary of State to President Wilson
My Dear Mr. President: I return herewith the papers from the Navy Department in regard to the arming of merchant vessels, which Mrs. Wilson was good enough to send me this morning.
As you know from my letters of the 6th and 8th I strongly advocate placing an “armed guard” on an American merchant vessel proceeding to the German “danger zone”. I think that that policy would remove all question of constitutional right and executive power. It appears from the papers submitted that this method has not been considered in the three policies suggested by Secretary Daniels on which the three sets of regulations are based.20 It would seem, however, that they could readily be adapted to such a change.
[Page 622]After going over the policies stated and the regulations proposed I think that Policy No. 2 is the best from a legal standpoint, although it does not cover cases of illegal attack outside the zone. It is evident that to permit the people on board of a vessel to be placed in open boats at so great a distance from land as they would be if captured outside the zone would as seriously imperil their lives as if attacked without visit within the zone. I think it best to adopt Policy No. 2, with instructions allowing the armed guard to resist illegal attack outside the zone. In no circumstances would I favor No. 3.
In regard to the Regulations (or if issued to an armed Guard, Instructions) I do not feel competent to pass judgment upon them, but believe that with a definite policy adopted they can be worked out by the naval experts so as to be efficient and consistent with the policy. I think that it would be well to omit such positive statements as Regulation No. 2 (page 2). They would only serve to cause controversy. In Regulation No. 4 (page 3) I have also indicated a little more latitude to the armed guard.
I agree with Secretary Daniels that it is not practicable to proceed with this matter secretly, furthermore I do not think that it is politic to do so. My own view is that a public statement of the policy should be made very soon, tomorrow morning if possible, but the regulations (or instructions) should remain secret for the present. I enclose a suggestion for a public statement.21 In no event would I indicate that we had any choice of policies or that the protection is to be limited to the barred zones.
It is with very real gratification that I learn of your determination to adopt this course. It is so consistent with all you have said and so entirely right that I know it will meet with the approval of the American people.
Faithfully yours,
- Not printed; for the regulations as issued, see infra.↩
- For text of statement as issued, see announcement to foreign embassies and legations at Washington, Foreign Relations, 1917, supp. 1, p. 171.↩