The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-30
ARMED MERCHANT SHIPS.
Their Right 10 Resist Capture by the
Enemy IndisputabIe.

TO THE EprroR or THE SUN--Sir. In
THE SUN of April 20 there was letter
by II. Won Vittinghoff in which 1t was
said. among other things, that when the
captain OF the British steamship Will
lerby attempted to save his ship from
capture by trying to ram the German
converted cruiser Prinz Eitel Friedrich
he laid himself open to the risk OF being
shot or strung up by the Germans as
soon as they could lay hands on him.
The writer's comments which followed
are ample evidence that he Is utterly
ignorant OF the rules Of naval warfare
or OF the status OF merchant shipping a.
sea in time Of war. In olden times all
merchant vessels were armed and the
laws of the maritime countries imposed
upon masters Of ships very severe penal
ties for failure to resist capture by an
enemy man-of-war or corsair
Under modern conditions IL would be
an act of folly on the part OF n mer-
chairman without guns to resist capture,
but there always remains the possibil-
ity OF carrying to successful issue
the manpuvre attempted by the captain
OF the Willerby. or course any at
tempt to ram after notice OF surrender
would expose the master OF the RAM
ming vessel TO the penalties meted out
to a naval captain who opened IRE
Among other extraordinary things
which have come to light since the be-
ginning OF the war Is the new doctrine
formulated by DR.. George Schramm.
legal adviser to the German Admiralty.
that there IL no legal foundation for
the rule allowing a merchant ship to de-
fend herself. and that the crew OF
ship thus acting would have forfeited
treatment as peaceable subjects OF the
"a AZ. ~. shs. af
war. and they would he subject to tho
criminal law Of the captor state"
The above view Is but another ex-
ample OF the German delusion that In
ternational law Is merely the express
sion OF the will Of Germany according
TO her convenience at any given moment.
1t Is. for one thing. at variance with
the view taken by the United States and
the South American republics at the
beginning OF the present struggle they
all declared that liners mounting small
guns right aft. to protect themselves IL
chased. retained their status OF peace
full traders Lord Stowell, in the
Catherine Elizabeth case, declared II
was legitimate for an enemy master to
resist capture by resort to armed force.
mo duty is violated by such an action
on his plrt-lupum auribus tenco-and
If he can withdraw himself he has a
ton OF the Nereide. Chief Justice Mar
sAall showed that the law of the United
states j. the same. He said:
The argument respecting resistance
stands on the same ground with that
which respects arming. Both are lawful.
The Nereid- was armed. governed and con-
Quoted by heiiigerents. II is true thai on
her passage she had right 20 defend
herself did defend herself and might have
captured an assaillng vessel.
The following legal definitions may be
quoted as bearing upon this important
subject:
United states Naval code 1900 Article
10. paragraph : The personnel OF mer.
chant vessels OF an enemy, who. in self
defence and protection OF the vessel placed
in their charge, resist an attack. are en-
titled. IL captured, 20 the status OF pris-
oners OF war.
Codlc- per la Marina Mercantile. 1887
GtaIyD. Article zoo: Merchantmen. on
being attacked by other vessels. includ-
ing war vessels may defend themselves
against and even seize them.
Russian Prize Regulation. 1875. Article
-. The t.gh, to stop. examin. and seize
hostile o. suspected vessels and cargoes
belongs 20 the ships Of the imperial navy.
Vessels OF the mercantile navy have a
right 20 d, only when they are az.
tackled bv hostile or suspected vessels.
France recognizes the same rule, as
evidenced by the conclusions OF he
Boeck IN De la propriete privee enne-
mic and &. Dupuis In lie droit de Ia
guerre maritime"
In other respects the letter OF H.
Won Nittinghoff betrays too much OF the
fcroClty Characteristic OF German apollo
gists II IL indeed fortunate that the
regular commissioned officers of the i'm
| peria' German navy have, except in
| Isolated instances. such as the sinking
Of the Falaha. refrained from acting
upon the bloodthirsty suggestions OF
! laudsmcn incapable Of realizing the feel
ing which exists among fellow sedmen
even when placed in opposite camps dur
ng active warflre. The fact that a
/ large proportion of the complement of
I German naval vessels are landsncn
serving their time in the navy, instead
/ Of the army. t. sufficient explanation
! ~ the fen Incidents watch have oc-
Cured In which the German seamen
have failed IL observe the rules OF the
unwr!tton code obtaining among pro-
fesslonhl seameu. surely Won Mueller
" the Emden and the captains of the
kronpr!nz Wilhelm and Prinz Eitel
Friedrich were no; among the recreants.
H. NJ TANKERvIIr
NEW YoEk Auril %