The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-05-11

I contentious brought up TO date. what
follows is the American viewpoint.
The American Viewpoint.
The opposing views are arrived a
by paths so widely separated thai
they cannot be properly presented bs
attempting to balance successfully
single arguments OF one side witt
Single arguments Of the other. Here
Is statement Of the American case
also set forth without commenks
1 The underlying issue as presented
neutral. and quite apart from the
charges Germany and England make
against each other, L.;
Shall the United States, as lead.
ing and neutral power, permit the
Germans to upset q centuries old
principle of warfare.
| should the German rule be permit
| ted to prevail, all nations will havs
TO rush into the building of stfbma-
rines and the carrying of contraband
on the seas will be so difficult that
every nation will have to provide
within Its own borders sufficient sup
plies of war material to carry I;
through prolonged struggle.
No Justification For Attack.
The German argument that the real
freedom of the seas IL to be obtained
for neutrals by compelling Great
Britain TO permit importations of food
into Germany Is not accepted as JUS
1 tifying the attacks which have been
actually delivered by Germany
against the American flag. American
life and American property
! The United States aims to support
not only what 1t understands to l,e
n stf ,f,ti lx..k al ffxn la xfc
of humanity. It does moi, therefore
admit the right of Germany to ac-
company destruction of contraband oil
war on the high seas with the de-
struction of noncontraband American
property. and much less the destruc-
ton of American life.
The United States recognizes the
right OF Germany to use submarines,
but only subject to the same laws as
govern the use OF warships. These
are. to attack enemy warships; to
stop. to visit and search merchant
vessels suspected of carrying contra-
band. It adds the right to destroy
eontrnband etargocs and the vessels
carrying them if II Is impossible to
take them into port. with the limtta-
ton that noncOmbatant passengers
and crews must always first be put In
a place of safety. This limitation the
St&sbs1S &@ ftoS oknN NkN
law of nations, but the law of hu-
manity.
Germany Must Obey Law.
The United States holds that IL Ger
many finds it impossible to sink ves-
sells carrying contraband. or enemy
prizes. and at the same time put nom
combata nts neutrals and crews, In q
place of safety. then Germany must
either forego the destruction of such
vessels and cargoes by submarine. or
else find q means of accomplishing her
objective which will permit the OBJ
servance of this law. Responsibility
20 placed upon Germany to keep with
in the laws
Germanys warnings. whether in Of
fetal communications or in newspaper
advertisements, are not accepted as
altering the case in the least. A man
who warns his retghbor that he Is
about to murder him does not by that
warning justify his commission of the
act. Americans cannot be deprived
OF their rights On the high seas by
Germany warning them that they will
be In danger If they 60 on the high
seas.
The Lusitania was I'm no sense q
warship. and was not, therefore, legal
ly exposed to attack as such. She was
not armed. She was not under the
orders of the British Government, but
engaged in the passenger trade: the
fact that she was subjected to requisi-
ton by the British Government does
not affect the case SO long as her fatal
voyage actually was made under
i orders Of her owners. and not under
orders from the Government. Advice
| to the Lusitania from the British ad-
miralty cannot be regarded as eQttaval-
| ent to orders
Subject TO Seizure.
| The Lusitania was carrying contra
| band Of war She was subject, there
fore. to stoppage. visit and search and
seizure and destruction OF the contra
band portions of the cargo. Only the
| most strained Interpretation of the
rules Germany claims to be fighting
for would permit the destruction Of
giant passenger-carrying ship be-
cause OF the presence OF q relatively
insignificant amount Of war material
in her holds. Even were that permit
ted. Germany was required by the
/ laws of nations and the laws Of hu-
mainly to set passengers and crew In
place of safety before destroying
the Lus!anaa.
The Guifight and Gushing cases
constitute not only violations OF the
laws If humanity Of international law,
but also. violaticEs Of the laws foI
which Germany claims she 10 nghtine
the declaration Of London--and
finally, of the treaty Of 1898 between
the United States and Prussea. which
Germany has just said she considers
to be in force. In these two cases al
the possible elements were present
attack on the nag. attack on neutral
vessel attack on neutral property,
and attack On American lives. The
treaty Of 1923 specially provides that
when Germany is at war with another
nation contraband of war being car
/ ried in American ships to that coun-
try shall not be subjected to destruc-
thon or confiscation at the hands OF
Germany.
| What action shall be taken by the
United States on these issues must de-
pend on the value which the Ameri-
can people and their Government
place on the principles at stake. The
chief issues are In the Culdight and
Cushing cases; the LusitAnia outrage
has advertised these principles and
brought them before the American
people in q shockinsly forceful man.
| ner.
|llAur 0l0v laid