The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-28
Expert Discusses Laws of Nations as Bearing on the,
British and German Notes-.Duties of
Uncle Sam in Present War

destroyed. and that neutral vessels
I expose themselves to danger within
| this zone. because in view VI the mis-
use of neutral flags said TO have been
ordered by the British Government
and OF the contingencies of maritime
warfare it may not DE- possible always
! Co cxemp; neutral vessels from attacks
int nded e strike enemy ships.
In response the Dcpartmen. of state
declared on February 10 IN nm %instruc.
tion To Mr.. Gerard that the sole right
OF "a helligerent in dealing with neutral
vessels o N the high seas is limited to
visitation and search, unless a block
AIDE Is proclaimed and effectively
maintained (which Germany is not
understood 10 prcpose). II Il said that
ito declare or exercise n right to at
tack and destroy any vessel entering
a prescribed area Of the high seas
without first certainly determining It's
b%elligercnt nationality and the CONTRA
band character of its cargo would be
an act unprecedented IN ava war.
far~.
Even suspicion OF the misuse N neu-
trial fags affords, ii Us said. no war.
rant for the presumption that all ships
, ~traversing the prescribed ara are sub
| jeV to the same suspicion. The rea-
condolences Of the suspicion must be
established by visitation and search.
Hence the United States declares that
IL a German commander. prcSuming
that the American flag was not being
used in good faith. should destroy On
the high seas AT American vessel, or
the lives of American citizens, II would
he difficult to view the act In any
other light than as an i~ndefensible VIC
lstion OF neutral rights. which It would
be very hard indeed to reconcile with
the friendly relations now happily ex-
listing between the two Governments
II Is further announced that II such
a deplorable situation should arise the
imperial Government would he held 10
rigid accountability and tho United
States would be constrained 10 take
whatever steps might be necessary 10
safeguard the lives IND property OF its
citizens and to preserve for them the
full enjoyment of their Acknowledged
rights on the high seas.
Never before in the history Of its
diplomacy has the United States adj
dressed so stern n protest TO German
authorities. md never before has /,
had such provucation for So doing. II
the usage OF nations be the criterion OF
legal right. the freedom 81 the Q has
long since cas- TO he an academic
dream. and is to-day the well r~cog-
rized possession ~ every maritime
state. In its frlen,ity and courteous
tone, In the candor OF its expression
and in its e~nunciation of international
law. the instruction to Mr.. Gerard is
believed 10 be worthy OF the best tradi-
tons OF the Department from which Il
emanated.
simultaneously on February 10 the
United States addressed a note t.
Great Britain respecting the Use of the
American flag. The occasional use OF
n neutral flag by n ~beliigerent vessel
under stress OF pursuit and TO deceive
an approaching enemy is not contrary
to international law. AS the distin-
guishcd president OF this university
we'll said in n recent lecture. The use
Of n neutral flag ny n belhCerent shiJ
Is common IN MAR m lawful. II the
flag Of n particular neutral nation was
used frequently N that way M doubt
the neutral nation would remonstrat",
The department Of state has pro-
tested against the alleged cXp'.ci'
rlnction by the British Government
for its merchant SHIPS generally {,
fly the American Nag within certain
portions of the high seas presumed /,
be frequented by hostile warships. anC
has Justly requested that British mer.
chant vessels be restrained from such
use Of II. While, on the one hand
Germany Is warned against raising
any presumption that a vessel in tho
English Channel flying the American
flag belongs to the enemy and may
De treated accordingly, England, on IL,
other, Is warned NOT to tempt Germany
to carry out its threat by making Il,
American flag "a certain token Of /,
British bottom. That Adam wus for,
hidden To eat uf the fruit of the tres
did not excuse Ewes generosity. and Il
will he recalled thar a serpent temple
both.
One avowed cause Of the German