Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1915-05-22
America Must Lead the WQD.
BY GEORGE w. kIRcHWEY.
Kent Professor Of Law, Columbia University.

are shielding the enemy from our just
and lawful warlike operations. If, af-
ter fair warning, you deliberately en-
trust your safety to such vessel, you
have no just ground Of complaint II
we forget that you are neutrals and
exercise our right of destruction with
out regard to you.
The question: therefore, narrows
down to this: Has Germany the right,
as an incident of her warlike opera
tons, to interfere with the freedom Of
action of neutrals, by requiring them,
as condition of safety to employ ves-
sells sailing under a friendly flag?
The obvious answer Is that, under
recognized principles of International
law, belligerent has no such right
and that the Americans and citizens
of other neutral states who sailed on
the Lusitania were justified in relying
on those principles as guarantee OF
their safety from capture or destruc-
ton. But this answer does not satisfy
Germany nor wholly meet the German
case. These recognized principles
of international law, ron which we so
confidently rely, valid enough under
former conditions, she asserts to be
outworn and rendered obsolete by the
submarine and the necessary condi-
lions of submarine warfare. Accord
ingly, she lays down new principle
of international law, viz: that citizens
of neutral states shall not be permit
ted, by taking passage in an enemy
vessel, to protect that vessel from the
chances of naval warfare.
Germany cannot at her own instance
alter to the detriment of others the
rules of international law. Information
al law is common law, the common
law of the family of nations For one
power. however great, to arrogate to
herself the right to alter the existing
law is in effect to assert hegemony,
supreme legislative authority, over
the rest of the civilized world = pre-
tension which no self respecting nation
could for moment tolerate.
1t follows, then the series Of attacks
which Germany has recently commit
ted on American and other neutral cit
liens, eliminating in the destruction
of the Lusitania with her passengers,
has been properly regarded by Ameri-
leans as an indefensible outrage equal
ly repugnant to international law and
to the principles of humanity and de-
cency. But, as events have shaped
themselves the question Is not Of the
past but of the future What principles
are to govern maritime warfare from
this time on? Obviously that is ques-
ton which the government Of the
United States acting alone can no
more decide authoritatively than can
Germany. Only the family of nations,
dCL1HS IN COuCcTL, Cal uelSIiilAc tAC
question, and it would seem that no
time should be lost in securing delb-
crate expression Of the views of all the
nations concerned in it's determination.
For this purpose an immediate confer
ence of the powers should be, convok-
ed, at the call Of the president. in,
Washington and the belligerents re-
quested to suspend in the meantime all
forms of naval warfare which are In
violation of existing international law.
We must not go to war over point Of
law; neither must we, by insistence on
neutral rights as heretofore defined in
international law, get ourselves into
position which will make a peaceful
settlement of the question difficult, II
not impossible. 1t is not enough to
protest. to demand reparation to insist
on guarantees against further acts of
aggression. Let America lead the way
in constructive work for the vindica-
ton of international law and the pro-
lection of public right.
ional Editorial Service)